Minutes1991FIRST MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
January 7, 1991
Council met On Monday, January 7th, 1991,
the Whole. All members of Council were present.
Chairman.
at 5:30 p.m., in Committee of
Alderman Campbell presided as
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
E.
REGULAR MEETING
Council Chambers
January 7, 1991
Council met on Monday, January 7th, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of Council were present. His Worship
Mayor Smeaton presided as Chairman. Alderman Cowan offered the Opening Prayer.
HAPPY NEW YEAR
His Worship Mayor Smeaton wished all present a "Happy New Year", good health
and prosperity for 1991.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Sherar,
minutes of the meeting held December 17, 1990, be adopted as printed.
Carried Unanimously.
that the
CONFLICTS OF INTEREST
Alderman campbell declared a conflict of interest on Report No. F-91-03,
cheque No. 64748 because the organization is a client.
Alderman cummings declared a conflict of interest on Report No. F-91-03,
Cheque No. 64876 because he is a member of the association.
Alderman Hinsperger declared a conflict of interest on Report No. F-91-03,
cheque Nos. 64759 and 64781 because a member of his family is employed with the
company.
Alderman Janvary declared a conflict of interest on Report No. F-91-03, cheque
No. 64825 because she is the payee.
Alderman Ward declared a conflict of interest on Report No. CD-91-01 because
he has a business relationship with the proponent; and a conflict of interest
on Report No. F-91-03t Cheque No. 74919 because a family member is involved.
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DEPUTATIONS
ISSUES & pOLICIES - NIAGARA NOM~ BUILDERB* ASSOCIATION ~
Communication NO. I - Marlens Luszcsyk, Executive Officer, Niagara Home Builders'
Association - Rez Issues and Policies. The communication requests permission
to address Council regarding the Association's views on issues and policies.
His Worship Mayor Smeaton advised that the Association had requested that this
matter be deferred to a later date.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the item be removed from the Agenda. carried Unanimouelv.
FLOODING PROmT~M8 ' YOKOM ROAD -
communication No. 2 - Mrs. Florence Walker - Re: Flooding problems on Yokom
Road. The communication expresses concern regarding flooding problems on the
prqperty owned by Mrs. Walker at 8880 Yokom Road, being part of Lot 5, Concession
5, C~0wlan~"~ownship.
Mr. and Mrs. Walker were in attendance to review their concerns with respect
to the above mentioned flooding situation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherat, that the
matter be referred to Staff for a full report to the next Municipal Works
Committee meeting, with recommendations regarding the solution achieved, or
methods of alleviating the flooding problem. It was further recommended that
Mr. and Mrs. Walker be advised of the Committee meeting date.
Carried UnanimouslY-
UNFINISHED BUSINESS
AM-7/89 RESTRICTED AREA BY-LAW 90-296, SW BIDE NIAGARA RIVER pARKWAY -
CD-PI-01 - Chief Administrative Officer - Rez AM-7/89 Restricted Area By-law
No. 90-296, Southwest Side of Niagara River Parkway; Mr. D. DiCienzo, Sr.
(COUNCIL 1990 11 26). The report recommends that council reaffirm its approval
of By-law No. 90-296, in order that the clerk may notify the Ontario Municipal
Board at the same time as he forwards the by-law and letters of objection to the
Board, with the request for a Hearing.
ORDERED on the motion of Alderman Puttick, seconded by Alderman cowan, that the
report be received and adopted. The motion carried with Alderman Ward abstaining
from the vote on a conflict of interest previously recorded, and with the
following votez ~
AYE: Aldermen campbell, Cowan, Cummings, Orr~ Puttick, Sherar, and Mayor
Smeaton.
NAYE: Aldermen Craitor, Hendershot, Hlnsperger, Hopkins and Janvary.
COUNCIL AND COMMITTEE MEETING SCHEDULE 1991 - CD-90-68 -
CD-91-03 - Chief Administrative Officer - Re: Council and Committee Meeting
Schedule 1991 - CD-90-68 (COUNCIL 1990 12 17). 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 Hinsperger, that
the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 3 - Minister of Revenue - Re: Tax Impact Study - Effects of Region-Wide
Reassessment. The communication provides information regarding the results of
a Tax Impsot Study on the effects of Region-wide reassessment with respect to
1988 market values.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
communication be received and ~lled. Carried Unanimously.
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No. ~ - City of Windsor - Re: CBC Television. The communication requests
support of a resolution to preserve local CBC television broadcasting in Windsor
and other areas.
It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the
communication be received and filed. The motion was Defeated with the following
vote:
AYE: Aldermen Cowan, Cummings, Hinsperger, err, sherat and Ward.
NAYE: Aldermen Campbell, Craitor, Hendershot, Hopkins, Janvary, Puttick and Mayor
Smeaton.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot,
that the resolution of the City of Windsor be supported. The motion carried with
the following vote:
AYE: Aldermen Campbell, Craitor, Hendershot, Hopkins, Janvary, Puttick and Mayor
Smeaton.
NAYE: Aldermen Cowan, Cummings, Hinsperger, err, Sherat and Ward.
No. 5 - Town of Markham - Re: Goods & Services Tax. The communication requests
support of a resolution opposing the implementation of the GST.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the
communication be received and filed. The motion Carried with the following vote:~
AYE: Aldermen Cowan, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, Orr,
Puttick, Shetar and Ward.
NAYE: Aldermen Campbell and Craitor.
No. 6 - City of Waterloo - Re: Protection of Trees. The communication asks
Council to endorse a resolution to the Province requesting legislation enabling
Municipalities to pass and enforce tree by-laws.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the communication be referred to the Environmental Planning & Greening Committee.
Carried Unanimously.
No. 7 - City of St. Catharines - Re: Niagara Tender Fruit Producers. The
communication requests endorsement of a resolution in support of the Tender Fruit
Producers agricultural land use policies and implementation of the
recommendations of the Niagara Tender Fruit Working Group of July 1990.
It was moved by Alderman Hopkins, seconded by Alderman Campbell, that the
request be endorsed. The motion was Defeated with the following vote:
AYE: Aldermen Campbell, Craitor and Hopkins.
NAYE: Aldermen Cowan, Cummings# Hendershot, Hinsperger, Janvary, Orr, Puttick,
Sherat and Ward.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that
the communication be received and filed. The motion carried with the following
vote:
AYE: Aldermen Cowan, Cummings! Hendershot, Hinsperger, Janvary, err, Puttick,
Sherat and Ward.
NAYE: Aldermen Campbell, Craitor and Hopkins.
No. 8 - crime stoppers of Niagara Inc. - Re: Proclamation. The 6ommunication
asks council to proclaim the month of January 1991 as "Crime Stoppers Month".
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the request be approved subject to established policy. carried Unanimously.
No. 9 - Mlnis%ry of citisenship - Re: 1991 Volunteer Awards· The communication
requests nominations for the 1991 Volunteer Awards.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the communication be referred to the Recreation commission. Carried UnanimouslY.
No. 10 - Symon petlura Institute - Re: Food Shortages in the Ukraine. The
communication asks Council to establish a city-to-citY Ukrainian Food Relief
Committee in the community.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
communication be referred to the Social planning Council. Carried Unanimousiv.
REPORTS
pD-gl-04 - Chief Administrative Officer - Re: proposed Agreement J. & L. Young,
Consent Application B-759/90- The report recommende the following:
1) That Council adopt a by-law to authorize the execution of an agreement with
John and Lucy Young; and
2} That the agreement, once executed, be forwarded to the applicants' Solicitor
for registration.
ORDERED on.the motion of Alderman Hinsperger, seconded by Alderman Cowan, that
the report be received and adopted- Carried UnanimouslY.
See By-law No. 91-04.
B-91-02 - Chief Administrative officer - Re: The Buildings & Inspections
Department Report for December 1990- The report provides information regarding
permits Issued and Highlights for December, as well as January proposals-
The Director of Buildings & Inspections congratulated and presented the Award
Winning cheque for the Department's Annual Estimated Value contest to Alderman
Hopkins-
ORDERED on the motion of Alderman Cowan, seconded by Alderman cummings, that
the report be received and adopted. carried UnanimouslY-
R-91-02 - chief Administrative Officer - Re: purchase of playground Equipment.
The report recommends that Paris playground and Crozier Enterprises be awarded
contracts to supply parks and playground equipment at the quoted amounts of
823,978.82 and $4,054.70 respectively-
It was moved by Alderman Cummings, seconded by Alderman Cowan, that the report
be received and adopted.
Following a discussion, it was moved by Alderman Puttick, seconded by Aldermen
Orr, that the report be tabled for further information- The motion to table,
which took precedent, was ~with the following vote:
AYE: Aldermen Craitor, Orr, Puttick and Ward,
NAYE| Aldermen Campbell, Cowan, Cummings, Henderehot, HinsPergerr Hopkins,
Janvary and Sherat.
The original motion that the report be received and adopted Carr_~_~with the
following vote:
AYEX Aldermen Campbell, Cowan, Craitor, Cummings, Hendershot, Hinsperger,
Hopkins, Janvary and Sherat.
NAYE: Aldermen Orr, Puttick and Ward.
F-91-01 _Chief Administrative Officer - Res Financing 0f Owners' Share of Local
Improvements. The report recommends that Council pass the by-law appearing on
this evening's agenda, to impose special rates for the payment of the owners'
portion of the cost of local improvements to be financed by the city.
ORDERED on the motion of alderman Hopkins, seconded by Alderman Ward, that the
report be received and adopted. Carried UnanimouslY, See By-law No. 91-03.
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F-91-02 - Chief Administrative Officer - Re: Interim Tax Levy 1991. The report
recommends that the City Council adopt the interim levy and collection by-law
appearing on tonight's ageride.
Following a discussion, it was moved by Alderman Ward, seconded by Alderman
Hopkins, that the report be referred to Staff for a full report to the Finance
Committee meeting next week. The motion Carried with the following vote:
AYE: Aldermen Cowan, Craitor, Cummings,
Janvary, Orr, Sherar and Ward.
NAYE: ALdermen Campbell and Puttick.
Hendershot,
Hinsperger, Hopkins,
F-91-03 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,228,895.15 for the period ending
January 7th, 1991, be approved by the passing of the by-law appearing later on
the agenda.
Alderman Ward declared a conflict of interest on Cheque NO. 64919 because a
member of his family is involved.
Additional information was provided On Cheque Nos. 64273, 64279, 64287, 64580,
64584, 64643, 64669, 64672, 64695, 64746, 64753, 64754, 64756, 64827 and 64862.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. The motion ~arried with Aldermen Campbell/
Cummings, Hinsperger, Janvary and Ward abstaining from the vote on conflicts of
interest previously recorded; and with all others voting in fayour.
See By-law No. 91-07.
RESOLUTIONS
No. 01 - HENDERSHOT - CUMMINGS - RESOLVED that a message of condolence be
forwarded to the family of the late Conrad H. Eidt, p. Eng., a former employee
of the City of Niagara Falls-and Regional Director of Engineering; a highly
respected and well known resident of the City of Niagara Falls; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously.
No. 02 BENDERSHOT - CUMMINGS - RESOLVED that a message of condolence be
forwarded to the family of the late Howard S. Martin, husband of city employee
Dolores Martin; a well known and highly respected member of the community; AND
the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-0~ - A by-law to provide for appointments to certain Boards, Commissions
and Committees.
No. 91-02 - A by-law to amend By-law No. 89-155, being a by-law to provide for
the Standing Rules of the Council.
No. 91-03 - A by-law to impose special rates to provide for the payment of the
owners' portion of the cost of certain local improvements.
No. 91-04 - A by-law to authorize the execution of an agreement with John and
Lucy Young. ·
No. 91-05 - Withdrawn.
No. 91-06 - Withdrawn·
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No. 91-07 - A by-law to provide monies for general purposes.
The motion Carrie_____~dwith Aldermen Campbell, cummings, Hinsperger, Janvary and Ward
abstaining from the vote on By-law No. 91-07 on conflicts of interest previously
recorded under Report No. F-91-03; and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
following by-laws be now read a second and third time:
No. 91-01 - A by-law to provide for appointments to certain Boards, commissions
and Committees-
No. 91-02 - A by-law to amend By-law No. 89-155, being a by-law to provide for
the Standing Rules of the Council-
No. 91-03 - A by-law to impose special rates to provide for the payment of the
owners# portion of the cost of certain local improvements-
No. 91-84 - A by-law to authorize the execution of an agreement with John and
Lucy Young.
No. 91-05 - Withdrawn-
No. 91-06 - Withdrawn.
No. 91-07 - A by-law to provide monies for general purposes.
The motion carrie______~dwith Aldermen Campbell, Cummings, Hinsperger, Janvary and Ward
abstaining from the vote on By-law No. 91-07 On oonflicte of interest previously
recorded; and with all Others voting in fayour.
NEW BUSINESS
ITEMS OF CONCERN:
Referral - Street Name Committee -
Alderman Cummings suggested that the name of the late Conrad H. Eidt be referred
to the Street Name Committee and Recreation for consideration in the naming of
streets and parks.
Signage - Niagara Falls Memorial A~eea -
Alderman Cummings asked that Staff investigate, with the Hinieter of
Transportation, the possibility of the installatio~ of full direetional signs
to the Niagara Falls Memorial Arena at the eastern and western intersections of
MacDonald Avenue and Highway #420.
Meeting - Rob Nicholson, MP -
Alderman Cummings referred to the Information for Council letter from Rob
Nicholson, MP, in response to the City's request that he attend a Council
meeting.
ORDERED on the motion of Alderman Puttick, seconded by Alderman cummings, that
a letter be forwarded, through Mayor 8meaton's office, to Rob Nicholson, MP,
with a further invitation for his attendance at an upcoming Council, to discuss
concerns of Council. The motion carried with the following vote:
AYEs Aldermen campbell, cowan, Craitor, cummings, Hendershot, Hlnsperger,
Hopkins, Janvary, err, Puttick and Ward.
NAYEZ Alderman Sherat.
XTEM8 OF INTERVals
FCM X99X annuaX Conference -
Alderman puttick referred to the Information for Council letter from FCM
requesting resolutions for coneideration at the 1991 Annual Conference. The
Chief Administrative Officer indicated to Alderman Puttick that he would assist
him in reviewing any submission the Alderman may wish to make to the FCM.
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Niagara Tourist Council -
Alderman Puttick referred to the Information for Council letter from the Niagara
Tourist Council, regarding the success of the ABA Convention recently held in
Niagara Falls, and requested further information regarding tangible results of
the Convention. Aldermen Campbell and Ward will request that Denis stefaniuk,
General Manager, Niagara Falls Visitor & Convention Bureau, submit a report to
Council.
Meeting with Board of Education -
Alderman Puttick asked Council members to submit comments and concerns for
consideration at his meeting with the Board of Education Committee on January
24th, 1991.
Christmas Tree Pickup -
Mayor Smeaton indicated that the Christmas Tree pickup would be extended in order
to accommodate the festivities of the ethnic community, and further, that next
year an advertisement would be published in the local newspaper to this effect.
Alderman cummings advised that the Annual Tree Burning Ceremony at Firemen's
Park had been scheduled for Sunday, January 13th, 1991 beginning at 1:00 p.m.,
with festivities, and refreshments available.
* * * , *
It was moved by Alderman Sherat, seconded by Alderman Hendershot, that the ~
meeting adjourn. Carried Unanimousiv.
MAD ~D MOPTED,
SECOND MEETING
COMMITTEE OF THE WHOLE
Conunittee Room #2
January 14, 1991
Council met on Monday, January 14th, 1991, at 6:20 p.m., in Committee of the
Whole. All members of Council were present. Alderman Craitor presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
G
MAYOR S. SMEATON
SPECIAL MEETING
Council Chambers
January 14, 1991
council met on Monday, January 14th, 1991, at 8:00 p.m., for the purpose of
a Special Meeting. All members of Council, with the exception of His Worship
Mayor Smeaton who was temporarily absent, were present.
RESOLUTION
No. 03 - HENDERSHOT - HINSPERGER -RESOLVED that Alderman Bruce Ward be appointed
Chairman for the Special Meeting and Planning Meeting, January 14th, 1991, during
the temporary absence of Mayor William S. Smeaton; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
Alderman Ward presided as Chairman during the temporary absence of His Worship
Mayor Smeaton. Alderman Janvary offered the Opening Prayer.
REPORTS
FC-91-02 - Chief Aclministrative Officer - Re: 1991 Interim Tax Levy. The
report, which was considered by the Finance Committee earlier this evening,
provides Background information with respect to the Interim Tax Levy for 1991
and suggests the possibility of implementing a February due date and waiving
the penalty as of March 1, 1991, on the first installment of the interim levy
in order to realize a net benefit of approximately $100,000.00.
ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Janvary, that
approval be granted for the first installment of the interim taxes to be paid
on or before February 28th, 1991, subject to payments received in March 1991 for
the first installment of the 1991 interim levy, being deemed to have been
received on or before February 28th, 1991; and the second installment of interim
taxes to be paid on or before April 25th, 1991. The motion carried with the
following vote~ '
AYE: Aldermen Cowan, Craitor, Cummings, Hendershot, Hinsperger, Hopkins, Janvary
and Sherat.
NAYB~ Aldermen Campbell, Orr and Puttick.
See By-law No. 91-05
and By-law No. 91-06.
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MW-91-02 - Chief Aa~inistrative Officer - Re: Waste Management Issues. The
report~ which was considered and amended in Municipal Works Committee earlier
this evening, recommends' that all recon~end~tions conditionallY approved by
Council on December 17th, 1990, be approved with an interim condition only, that
provides for the flat rate tipping fee schedule (attached) to be used until
Landfill scale facilities are operational; and the ~mplementation of a manifest
system by March 4th, 1991.
Alderman Hopkins declared a conflict of interest because his employer ha~ a
business interest.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
amended report be received and adopted- The motion carried with Alderman Hopkins
abstaining from the vote On a conflict of interest with respect to the pick-up
from multiple family units as his employer has an interest in this, and with the
following vote:
AYE: Aldermen Cowan, Cummings, Hinsperger, aanvary, Orr, puttick and Sherar.
NAYE: Aldermen Campbell, Craitor and Hendershot.
MW-91-O3 - Chief Administrative Officer - Re: 1991 Ontario GOOd Roads
Association Conference - February 24th to 27th, 1991. The report, which was
considered earlier this evening in Municipal Works Commi~teer recommends the
following:
1} That two members of Council be authorized and appointed to attend the 1991
Ontario Good Roads Association Conference from February 24th to 27th, 1991
at an estimated cost of $1,879.00; and
2) That two members of Municipal Works Staff be authorized to attend the 1991
Ontario Good Roads Association Conference from February 24th to 27th, 1991
in Toronto, at an estimated cost of $1,425.00.
ORDERED on the motion of Alderman puttick, ~econded by Alderman Sherat, that
the report be tabled until later this evening whe~ Mayor Smeaton will be in
attendance- The motion Carr_~EX_~with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, cummings, Hendershot, Janvary, err,
puttick and Sherat.
NAYE: Aldermen Hinsperger and Hopkins.
BY-LAWS
~ ed
ORDERED on the motion of Rlderman Janvary, second by Alderman Hinsperger, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-B5 - A by-law to provide an interim levy of taxes.
No. 91-~6 - A by-law to provide for the collection of interim taxes for the year
1991.
The motion carried with Aldermen Campbell, Orr and Puttick voting contrary on
By-law No. 91-06, and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar~ that
the following by-laws be now read a second and third time~
No. 91-05 - A by-law to provide an interim levy of taxes.
No. 91-06 - a by-law to provide for the collection of interim taxes for the year
1991 ·
The motion ~ with Aldermen Campbell, Orr and puttick voting contrary on
By-law No. 91-06~ and with all others voting in fayour.
· **** 3
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It was moved by Alderman Hinsperger, seconded by Alderman Craitor, that the
Special Meeting adjourn to the Planning Meeting. Carried Unanimously.
· , , , ,
Following the Planning Meeting, the council reconvened in a Special Meeting
of Council, at 11:35 p.m., to consider Report NO. MW-91-03. All members of
Council were present. His Worship Mayor Smeaton presided as Chairman.
, , , , ,
Report No. MW-91-O3 - Chief Administrative Officer - Re: 1991 Ontario Good Roads
Association Conference - February 24th to 27th, 1991. The report, which had been
tabled earlier in the evening to provide an opportunity for the attendance of
His Worship Mayor smeaton, was considered.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received an adopted. The motion carried with the following vote:
AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Janvary,
Shetar.
NAYE: Aldermen Craitor, Hinsperger, Hopkins, Orr and Ward.
Puttick and
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janv~ry,
that Aldermen Cowan, be appointed to attend the 1991 Ontario Good Roads
Association conference, as previously reco~unended by the Municipal Works
Committee. It was further recommended that Alderman Puttick also represent
Council at the Conference. Carried Unanimously.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that
information be drafted for delegates to submit to the Ontario Good Roads
Association Conference for consideration. Carried Unanimously.
, , , , ,
It was moved by Alderman Puttick, seconded by Alderman err, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
THIRD MEETING
PLANNING MEETING
Council Chambers
January 14, 1991
Council met on Monday, January 14, 1991, at 8:20 p.m., for the purpose of
considering Planning Matters. All members of Council, with the exception of His
Worship Mayor Smeaton who was temporarily absent, were present.
RESOLUTION
Ne. 03 - HENDERSNOT - HINSPERGBH -RESOLVED that Alderman Bruce Ward be appointed
Chairman for the Special Meeting and Planning Meeting, January 14th, 1991, during
the temporary absence of Mayor William S. Smeaton; AND the Seal of the
corporation be hereto affixed.
Carried Unanimously.
Alderman Ward presided as Chairman during the temporary absence of His
Worship Mayor 8meaton. Alderman Janvary offered the Opening Prayer.
CONFLICTS OF INTEREST
Alderman Bendershot declared a conflict of interest on Report NO. PD-91-05
because members of his family have an interest in adjoining lands.
Alderman Hopkins declared a conflict of interest on Report No. C~-91-06
because his employer has a business interest.
REPORTS - PLANNING MATTERS
PD-91-09 - Chief Administrative Officer - Re: Zoning Amendment ApplicationAM-
31/90, 876929 Ontario Ltd., Northeast Corner of Kalar & McLeod Roads, Part of
Twp. Lot 170. The report recommends the following:
That council support the amendment to the Zoning By-law to only permit the
RSC zoning for an apartment building on the subject lands described as Block
A and a townhouse and/or low rise apartment project for the balance of the
lands described as Block B;
2)
That the sites be designed and right-of-ways be provided to accommodate
vehicular and pedestrian movements from one development to another and to
provide access to Saden Powell Park to the north;
3) That the appropriate road widenings and a daylighting triangle be dedicated
to the Municipality;
4) That the applicant complete a Traffic Impact Study for review and approval
by the City's Traffic Manager;
That the applicant enter into an agreement with the Municipality to extend
a watermain and a trunk sanitary sewer from its present terminus westerly to
the intersection of Kalar Road and McLeod Road;
6)
That storm water management techniques to the satisfaction of the Ministry
of Natural Resources (Niagara Peninsula Conservation Authority} and the City
be employed and a storm drainage system be designed to make use of the
existing drainage ditch. This drainage system shall also make provisions for
its future connection to the ultimate Bast Storm Channel once it is
constructed;
7)
That appropriate easements b.e dedicated to the Block B landowner across Block
A lands to provide adequate storm and sanitary sewer outlets should Blocks
A and B not be under one ownerehip;
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8) That payment be made to the City for the cost of sidewalk construction along
Kalar Road and McLeod Road and the Expansion & Renewal fees at the time of
the issuance of a building permit;
9) That the applicant satisfy the Ministry of the Environment and Region that
sewage flows emanating from the projects can be accommodated by the High Lift
Pumping Station;
10)That the lands be placed under Site Plan Control to address grading, lighting,
landscaping, preservation of existing trees, storm water management, etc.,
and that Staff be directed prepare the amending by-laws for enactment at a
subsequent Council meeting~ and
ll)That the applicant and the Regional Municipality of Niagara be advised
accordingly.
-AND -
Communication No. llA - Ministry of Natural Resources - Re: Proposed Zoning By-
law Amendment AM-31/90, Part Lot 170 (former Township of Stamford). The
communication expresses no objection to the amendment, and adviees that
sedimentation/erosion controls would be required on site to control storm water
quality and quantity if a plan of condominium was submitted to the Ministry.
-AND -
Communication No. lIB (BANDOUT) - Regional Niagara Planning & Development
Department - Re: Proposed Zoning By-law Amendment (AM-31/90), 58 Townhouse
Dwelling Units, or One 6 Storey, 120 Unit Apartment Building (Block A) & 36
Townhouse Dwelling Units & Amenities (Block B)] Northeast corner of Kalar Road
and McLeod Road. The Communication advises that the Regional Planning Department
has no objections, contingent upon the adequacy of the High Lift Pumping Station
to accommodate the sewage, and verification of the sanitary sewer capacity of
the system tributary to the station.
-AND -
Communication No. 11C (HANDOUT) - Ministry of Agriculture & Food - Re: Zoning
By-law Amendment Application AM-31/90, Pt. Twp. Lot 170 (former Twp. of
Stamford). The communication advises that the Ministry has no objection to
approval of this application.
-AND -
Communication No. lID (HANDOUT) - City of Niagara Falls Non-Profit Housing
Corporation - Re~= AM-31/90, 876929 Ontario Ltd., Pt. Twp. Lot 170 - Northeast
Corner of Kalar & McLeod Roads. The communication advises that there is no
objection to the proposed construction, provided planning guidelines of the City
are adhered to, and requesting that the developer pay a fair proportion of
required servicing costs.
Chairman, Alderman Ward declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Director of Planning & Development read the Declaration signed by the
Clerk, advising that the Notices of the Public Meeting had been mailed to all
concerned citizens within the designated area on December 14th, 1990.
Chairman, Alderman Ward received indication that Mr. Fred Paul, Hynde Paul
Associates, was in attendance on behalf of the applicants; and received a
negative response to hie 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 & Development discussed the .subject lands with the
assistance of posted eketchee~ end reviewed the following information contained
in Technical Report No. PD-91-01z Development Propose1; Official Plans Zoning
By-lawS surrounding Land Usel Comments from the Public Notification Process;
Planning Reviewl and Site Plan Control.
His Worship Mayor 8meaton entered the meeting but did not participate 'in the
discussion.
- 3 -
There was a negative response to Chairman, Alderman Ward's request for
comments from persons in favour of, other than the applicant or his agent, and
opposed to the application.
Mr. Fred Paul discussed the action previously taken with respect to this
application, reviewed the proposed project, and indicated agreement with the
conditions recommended in Report No. PD-91-09. He responded to questions raised
regarding watermain and trunk sanitary sewer costs.
During the discussion, reference was made to Communication No. llD from Mr.
A. DiGiacomo, President of the City of Niagara Falls Non-Profit Housing
Corporation. It was requested that Mr. DiGiacomo be provided with the requested
information.
Since no further comments were forthcoming, Acting Chairman, Alderman Ward
declared the Public Meeting closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hinsperger, Hopkins
Janvary, Orr and Shetar.
NAYE: Aldermen Craitor and Puttick.
, , · , ,
His Worship Mayor Smeaton assumed the Chair at this time.
, · , , ,
PD-91-05 - Chief Administrative Officer - Re: Zoning Amendment Application AM~
34/90 - Lutheran Homes Niagara Inc., 3900 Dorchester Road. The report recommends
the following:
1) That Council support the zoning amendment to permit the construction of a 4
storey, 36 unit apartment building, subject to the following conditions:
a) the minimum side yard setback provision be Mended to reflect the setback
proposed on the southeast corner of the property, as shown on the submitted
site plan,
b) the maximum building height provision be increased to ll. Sm (37.8 ft.) to
accommodate a 4 storey structure, and
2)
3)
c) the minimum landscaped open space provision be increased to 44%~
That the applicant satisfy any requirements of the Regional Public Works
Department and the City's Municipal Works Department;
That the property be made subject to Site Plan Control to address landscaping,
parking, grading, servicing, fencing and to ensure the implementation of storm
water management techniques;
4) That staff be directed to prepare the necessary by-laws for enactment at a
subsequent council meeting;
5) That the applicant and the Regional Municipality Of Niagara be advised
accordingly.
Communication No. 12A - Letter from Mrs. B. Groat - Re: Zoning By-lawAmendment
APplicationAM-34/90. The communication expresses concerns regarding the density
scale and height, as well as compatibility with current land use, ingress/egress
and increased traffic flow.
communication No. 12B - Ministry of Agriculture end Food - Rex Zoning By-law
Amendment Application AM-34/90, Part of Township Lot 72, Part of Lots 13 & 14,
- 4 -
Plan 192 and part of Block 'G', Plan 5 (former Township of Stamford). The
communication advises that the Ministry has no Objections to approval of the
application-
- AND -
Communication No. 12C - Mr. Jeffrey J. Wilker, of Whomson, Rogers -Re: Zoning
Application AM-34/90, Lutheran Homes Niagara Inc. The communication,
on behalf of Mrs. Elizabeth Groat, amplifies her Concerns with respect to
density, and messing within the Ontario Hydro Transmission Corridor; scale of
the proposed 36 unit apartment; height; traffic; need for senior citizens
housing; suggests delay in the re-zoning until severance applications have been
processed for the entire development; and a requests refusal of the application,
or that it be deferred until concerns of the residents in the area have been
addressed.
- AND -
Communication No. 12D (H~NDOUT) - Regional Niagara planning & Development
Department - Re: proposed Zoning By-law Amendment AM-34/90- 4 Storey, 36 Unit
Apartment Building; 3900 Dorchester Road- The communication advises that the
Regional planning & Development Department has no objections to this proposal,
and that the comments of the Regional Public Works Department would be forwarded
since Dorchester Road is a Reglonal Road.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Director of planning & Development read the Declaration of the Clerk,
which stated that the Notices of the Public Meeting had been mailed to all
concerned citizens within the designated area on December 14th, 1990.
His Worship Mayor Smeaton received indication that Mr. William Slovak,
Solicitor on behalf of the applicant, and Ian Elmes, Architect, were in
attendance; and received a positive response to his request for a show of hands
by persons present who were interested in the application- Re 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. pD-91-02: Development proposal; Official plan; Zoning
By-law; Surrounding Land Uee; Circulation Commontee planning Review; and Site
Plan Review. He stated that the propoeal satisfied the intent and purpose of
the Official Plan, since the site was located in an area where higher density
residential development could. be considered, and further, that the proposed
apartment was less intensive in terms of land use than what could presently be
developed on the property under the current zoning. The Director of planning
& Development expressed the opinion that the requested eite specific
modifications to the provisions of the RSB zone were reasonable and should not
result in any adverse impact on surrounding land uses. He referred to the
recommendation that the provision requiring landscaped open space be increased
tO 44% Of the site in order to compensate for the height relief.
There was a negative response to Mayor Smeaton's request for comments from
persons presents other than the applicant or his agent, in fayour of the
application-
The following persons were in attendance in opposition to the proposal: Mrs.
Vonda Gemeundt 3915 Dorchester Road; Mr. Frank Monroe, 3955 Dorchester Roads and
Mrs. Elizabeth Groat, 3931 Dorchester Road. They expressed concerns regarding
the height of the proposed 4 storey apartments incompatibility with the character
of other buildings in the area; proximity to the Ontario Hydro corridors ingress
and egress to the project on Isaac; and increased 'traffic congestion causing a
.safety hazard. petitions were submitted by Mrs. Gemeund, which were signed by
numerous citisens in the immediate area, expressing concerns previously
mentionedt devalustion of homest and a strain on the sewer systems and water
pressure, as well as loss of. privacy caused b~ the height of the proposed
apartment ·
5
Mr. Slovak, Solicitor, reviewed the background details in connection with the
proposal, discussed approval of funding for both projects from the Ministry,
stated that the application was for rezoning of the 36 unit project, and that
both projects would occur simultaneously. He stated that it was not necessary
to apply for rezoning of the proposed senior citizens dwelling because it was
supported by the Official Plan, pointed out that the current Institutional Zoning
could have a greater impact than the proposed project, and submitted a copy of
a letter of support from the Mayor's Committee on Housing.
Mr. Slovak responded to the comments made by concerned residents, referred
to an Open House held on October 28, 1990, in order that residents might review
the proposal; stated that there were two accesses to the site, on Isaac Street
and Dorchester Road and advised that the Fire Marshall's office had perused the
plans in connection with fire access.
Mr. Elmes, Architect, responded to questions raised regarding access to the
property, and advised that application had been made to Ontario Hydro
for emergency access. Mr. Slovak submitted a copy of a communication from
Ontario Hydro permitting automobile use subject to various conditions.
Mr. Slovak submitted a Summary Report for the Evaluation of Property Value
Impacts: Non-Profit Housing, which had been prepared for the Ontario Ministry
of Housing, which indicated that non-profit housing projects have no negative
impact on property values, regardless of market areas.
Further discussion ensued regarding the impact of the proposal on parks,
schools and traffic in the area. Reverend J. Douglas Schweyer and Reverend
Nellson responded to queerions raised regarding the project.
Fire chief Dave Kemp expressed the opinion that there would not be a problem
with fire safety within the project.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting closed.
It was moved by Alderman Puttick, seconded by Alderman cummings, that the
application be denied. The motion was Defeated with Alderman HeAdershot
abstaining from the vote on a conflict of interest previously recorded, and with
the following vote:
AYE: Aldermen Craitor, Cummings, Minsperger and Puttick.
NAYE: Aldermen Campbell, cowan, Hopkins, Janvary, Orr, Sherat and Ward.
ORDERED on the motion of Alderman campbell, seconded by Alderman Cowan, that
the report be received and adopted. The motion Carried with Alderman HeAdershot
abstaining from the vote on a conflict of interest previously recorded, and with
the following vote:
AYE: Aldermen Campbell, Cowan, Hopkins, Janvary, Orr, Sherat and Ward.
NAYE~ Aldermen Craitor, Cummings, Hinsperger and Puttick.
· , , , ·
Mis Worship Mayor Smeaton declared a five minute recess, at 10:05 p.m., in
order that the Council Chambers might be cleared. Following the recess, council
reconvened for the balance of the meeting.
, · , · ·
PG-Pl-08 - Chief A~misistrative Gfficer - Re: Official PlanAmendment Application
No. 190 - 800423 Ontario Ltd., Dante MarineIll, 3780 Welland Street. The report
recommends:
1) That Council support the Official Plan Amendment to change the land use
designation of the property from Commercial to Residential;.
2) That council not support the request to establish the site as a Special Policy
Area permitting residential densities of 100 units/hectare {40 units/acre);
- 6 -
3) That Council support site specific policies to allow a residential density
of up to 75 units per hectare (30 units per acre) to be considered with the
actual form and scale of the development to be determined through the normal
zoning precess;
4) That Staff be directed to prepare the necessary by-laws for enactment at a
subsequent Council meeting; and
5) That the applican~ and the Regional Municipality of Niagara be advised
accordingly.
- AND -
Communication NO. 13A - Letter from Franklin H. Folemsbee - Re: O.P.A. No. 190.
The communication strongly Opposes the application because it would be 'out of
character with the neighborhood', sewer drainage problems and high voltage
electric transmission lines adjacent to the subject property.
-AND -
Communication No. 13B (HANDOUT) - Ministr~ of Natural Resources - Re: O.P.A. No
190. The communication advises that the Ministry has no objection to the
application ·
His Worship Mayor Smeaton declared the public Meeting open and explained the
procedure to be followed under the planning Act, 1983.
The Clerk read the Declaration advising that the Notices of the Public Meeting
had been given by an advertisement placed in the Niagara Palls Review on December
14th~ 1990.
Hie Worship Mayor Smeaton received indication that Mr. Dante Marineill,
Solicitor, was in attendance on behalf of the applicants; 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. pD-91-03: Purpose & Intent of Application; Official Plan;
Zoning By-law; Surrounding Land Use; comments from the Public Notification
Process; Planning Review; and Site Plan Control.
There was a negative teepones to Mayor Smeaton's request for comments from
persons, other than the applicant or hie agent, in support of the project.
Mr. J. Rouseskis, 8363 Mears Crescent; Bob Auger, 8391 Meats crescent; Tammy
Teal, 3844 Welland Street; Mavis Folemsbee, 8407 Meats Crescent; Brian Moore,
3747 Welland Street; Brad Isherwood, 8353 Meare crescent; and Rose Wilson, 8377
Meats Crescent were in attendance to express their concerns regarding the
building height, density, incompatibility with the surrounding area, impact on
the community, loss of privacy, shadowing, proximity to Hydro line, rear yard
drainage and fleoding, inadequate recreational facll~ties and bus servlce in the
area, narrow roadway and increased traffic, as well as fire hazard,
Fire chief Dave Kemp expressed the opinion that there would not be a problem
with respect to fire safety.
Mr. MarineIll advised that the applicant was prepared to accept the
recommendations of staff, discussed the proposal, and responded to comments.
He stated that the current zoning would permit a four storey building with a
commercial ground floor which could generate more in~ensive use of the lands and
increased tra{fic. Mr. Marineill discussed the current demand for 4 storey
buildings with an elevator, which was a benefit for senior citizens, advised
that shadowing drawings had been submitted b~ the Architect which indicated
little difficulty with a six storey building, and referred to vacant commercial
space in Chippaws. He stated that the concerns would be considered by the
applicant.
- 7 -
It was moved by Alderman Hendershot, seconded by Alderman campbell, that leave
be granted to proceed past ll:00 p.m. Carried Unanimously.
· , , , ,
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting closed.
It was generally agreed that the recommendations in Report No. PD-91-08 should
be considered separately.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
Recommendation No. I be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that
Recommendation No. 2 be received and adopted. The motion Carried with the
following vote:
AYE: Aldermen
Hopkins,
NAYE: Alderman
Campbell, Cowan, Craitor, Cummings,
Janvary, Orr, Puttick and Ward.
Sherat.
Hendershot,
Hinsperger,
ORDERED on the motion of Alderman Puttick,
Recommendation No. 3 be received and adopted.
following vote:
seconded by Alderman Orr, that
The motion Carried with the
AYE: Alderman
Smeaton.
NAYE: Aldermen
Campbell, cowan, Hendershot, Hopkins, Orr, Puttick, and Mayor
Craitor, Cummings, Hinsperger, Janvary, Sherat and Ward.
ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that
Recommendation No. 4 be received and adopted. The motion Carried with the
following vote:
AYE: Aldermen
Puttick,
NAYE: Alderman
Campbell, Cowan, Rendershot, Hinsperger, Hopkins, Janvary, Orr,
Sherat and Ward.
Craitor and Cummings.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
Recommendation No. 5 be received and adopted. Carried Unanimously.
CD-91-05 - Chief Administrative Officer - Re: Proposed Plan of Condominium
Subdivision 'The Gates of Kaitlin Court# - File No. 26-CD-90023; Owner: 766351
Ontario Inc., John Kendall. The report recommends that the City clerk be
authorized to process the Application for "The Gates of Kaitlin Court"
Condominium Subdivision and that a report be prepared for Council's further
consideration of this Plan based on technical information received, public input,
etc.
Mr. John Kendall was in attendance and stated that he did not wish to comment.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received end adopted. The motion carried with Alderman
Hopkine abstaining from the vote on a conflict of interest previously recorded,
and with all others voting in fayour.
· · · · ·
It was moved by Alderman Cummings, seconded by Alderman Ward, that the meeting
adjourn, and council reconvene in the Special Meeting. carried Unanimously.
READ AND ADOPTED,
FOURTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
January 21, 1991
Council met on Monday, January 21st, 1991, at 5:00 p.m., in Committee of the
Whole. All metabets of Council were present. Alderman Hopkins presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
REGULAR REETING
council Chambers
January 21, 1991
Council met on Monday, January 21st, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of Council were present. His Worship
Mayor Smeaton presided as Chairman. His Worship Mayor Smeaton offered the
Opening Prayer due to the temporary absence of Alderman Ward.
ADOPTION OF MINUTES
Alderman Hopkins asked that the minutes of the Special Meeting on January 14,
1991 be amended to indicate that he had declared a conflict of interest on Page
2, Report No. MW91-02, because his employer has an interest in this.
ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the
Special Meeting held January 14, 1991 be adopted as amended, and the minutes of
the meeting held January 7th, 1991, as well as the Planning Meeting held January
14th, 1991, be adopted as printed. carried Unanimously.
CONFLICTS OF INTEREST
Alderman Campbell, declared a conflict of interest on Report No. PDgl-13
because a member of his family on the committee opposing this matter.
Alderman Hinsperger, declared a oonfliet of interest on Report No. F-91-06,
Cheque Nos. 64990, 64993, 65008, and 65153 because a member of his family is
employed by the company.
Alderman Ward declared a conflict of interest on Report No. F91-06, Cheque
No. 65213 because a member of family is employed by hempany.
-2 -
pRESENTATIONS
TRILLIUMAWAItDS - CHRISTMAS LIGHTXNO -
Hie'Worship Mayor Smeaton presented Trillium Awards to the following winners
of the christmas Lighting contest in Niagara Falls= Special Recognition -
Niagara Parks Commission - George Bailey and Peter Daniels; Residential - Robert
Smith, 6671 January Drive; Terry Booth, 9705 Chippawa Niagara River parkway;
and Robert Lindlay, 5720 Woodland Blvd.~ Industrial - Dave Diston accepted the
Award for Bright's Wines, 4887 Dorchester Road; and George Hostick for Niagara
Falls Mydro; Commercial (Large) - Joe Bleak Jr. accepted for Betty's Restaurant,
8911 Sodom Road; and Mr. Robert Lindley accepted on behalf of Victor Menechella
for Seward Johnson by the Falls, 5905 Victoria Avenue; Commercial (Small)
Diane Falconer accepted for Niagara Falls Taxi Ltd., 4986.Victoria Avenue.
Institu~gas.% Apartments - Father Roger Sonneau accepted for Mount Carmel
Spiritual Centre, 7021 Stanley Avenue; and Hill Holmes for Our Lady of the
Scapular Church, 65S7 Thorold Stone Road.
Awards were available to Pat Matluschuk for Country Gardens Floral Soutique,
3676 Portage Road; and Harry Gallagher, 5596 BcLeod Road - as they were not in
attendance the Mayor's office will make every effort to forward the awards to
them.
His Worship Mayor Smeaton offered a special thanks to all of Niagara Falls
for beautifylug our city by lighting it up and thanked the civic committee
members for judging the contest.
NABISCO STRIKE -
His Worship Mayor Smeaton introduced Alderman Kim Craitor who expressed his
concern regarding the Nabisco strike and noted that it was not for council to
take part in union negotiations, but to consider that Nabisco and their 250
workers are an important asset to our community, and suggested that the Mayor's
office offer any assistance that would help resolve this matter.
Mayor Smeaton advised Council that he had contacted Nabisco's Chief Executive
Officer, offering the services of the Mayor's office and noted that it was
appreciated.
DEPUTATIONS
SOCIAL pLANNING COUNCIL - ISSUE8 & POLICIES -
Communication No, 14 - James Rocca, President, Board of Directors; Social
Planning Council of Niagara Falls - Re: Brief - Proposed Bill C-69 (cap on the
Canada Assistance Plan). The communication requests permission to address
Council on January 21st, 1991 regarding the Brief.
Mrs. Julia Darnay, Executive Director, Social Planning Council of Niagara
Falls, reviewed the information contained in the Report of the Subcommittee with
regard to the impact of the proposed cuts of federal contributions to the Canada
Assistance Plan. She responded to questions raised regarding what action had
been taken to datm and requested that the proposed Bill C-69 be defeated.
ORDERED on the motlon of Alderman Bendershot, seconded by Alderman Craitor, that
Council supports Social Planning resolution and that a resolution opposing B~ll
C-69 be drafted and presented to Council at next meeting. Carried Unanimously.
- 3
ALZHEIMER'S SOCIETY -
His Worship Mayor Smeaton welcomed to the meeting, Mr. Bob Bell, Alzheimer
society of Niagara, who presented a report on the Society, which included - What
is Alzheimer's disease, the cause and symptoms, family self-help groups.
His Worship Mayor Smeaton expressed his appreciation to Mr. Bell for his
presentation.
E.D.A. - VOLUNTEER PROMOTIONS & MAF/~ETING COMMITTEE -
Wendy Canavan, Officer, Niagara Falls Economic Development Agency introduced
Mr. Gabe Mallouk, Chairman, Niagara Falls Marketing and Promotions Committee.
Mr. Mallouk discussed the objectives of the committee - which are to consult and
formulate a plan which will effectively promote the development potential of the
City of Niagara Falls. The committee members include:
Mayor William Smeaton; Glen Gaudy, Executive Director Chamber of Commerce; David
Dancy; Don Sanderson, Sales Manager, CJRN; Marg Nagy, Downtown Board; Jay Meyer,
President, Niagara Region Development Corporation; John Carter, President,
Greater Niagara General Hospital; Allen Gear, President, Group 2 Development
Ltd.; Margaret Harrington, MPP; Carol Stewart Kirby, Kirby Interior Design; and~
Henderson, Partner, McSurney, Durdan, Henderson & Corbett; Stephen Pearoe,
Tourism Industry Consultant, Min. Tourjam & Rec.; Henry Mullet, President,
Muller's Meats; Robert McKenzie, Publisher & General Manager, Niagara Falls
Review; Denis Stefaniuk, President, Niagara Falls Visitor & Convention; Ev
McTaggart, Niagara Helicopters; Michael Duffy, General Manager, Niagara Region
Development Corp.; Rob Nicholson, M.P.; Gary Pillitteri, Grape farmer and Liberal
candidate; Tom M. Lloyd, Manager, Independent Business Centre, Royal Bank;
Leon Keith, Vice-President, Swagelok Canada; David Diston, Vice-President
Corporate Development, Brights Wines; John Pennachetti, Wakil Construction Co.
Ltd.; Charles Chataway, Director, N. F. Economic Development Agency; Wendy
Canavan, Officer, N. F. Economic Development Agency.
Mr. Mallouk introduced Tom Lloyd, Chairman, Internal Committee - who addressed
Council on the Internal promotions campaign to begin on January 22, 1991.
1. CJRN Proud Program - Don Sanderson
2. Niagara Falls Review "Your Backyard'
3. Slogan contest
4. Telephone Survey to be conducted by Student Ambassadors from local high
schools.
5. Promotional Materials
6. Ambassador Award
7. Speakers Bureau
8. Mayor's Ambassador Reception - sponsored in part by Brights Wines
9. Welcome Committee for Conventions
10.Community Booster Week
Hie Worship Mayor Smeaton expressed appreciation for an excellent presentation.
UNFINISHED BUSINESS
WALKER BROTHERS ~UaRRIB8 LTD. -
PD-91-13 - Environmental Planning & Oresuing Committee - Re: Walker Brothers
Quarries Ltd., Request for Ontario Municipal Board Hearing. The report provides
background information regarding the application of Walker Brothers Quarries
Ltd., quarries expansion and the O.M.B. Bearing, and recommends that this report
be received and filed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. The motion carried with Alderman Campbell
abstaining from the vote on a conflict of interest previously recorded, and with
the following votes
- 4 -
AYE: Aldermen Cowan, craitor,
Janvary, err, Sherat, Ward.
NAYS: Alderman Puttick.
Cummings, Hendershot, Hinsperger, Hopkins,
COMMUNICATIONS
No. 15 - Social planning Council of Niagara Falls - Re: proclamation. The
communication asks Council to proclaimthe week of February 10th to 16th, 1991,
as 'Social Planning Week'.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the request be approved subject to established policy. carried Unanimously-
No. 16 - Nativity of the Holy Mother of God Ukrainian catholic church - Re:
proclamatien. The communication asks Council to proclaim the week of January
22rid to 29th, 1991, as °Ukrainian Independence Weekf, and to allow the Ukrainian
Flag to be flown in front of City Mall.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
requests be approved subject to established policy. Carried Unanimously.
No. 17 - Greater Niagara Big Sister Association - Re: proclamation. The
communication requests that Council proclaim February 10th to 16th, 1991, as 'Big
Sister Week'.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hineperger, that
the request be approved subject to established policy. Carried Unanimousiv.
No. 18 - Then W. Arthur, Solicitor - Rex AM-29/90 ZoningAmendment Application -
Nunzio Tanasi. The communication appeals the decision of Council, made on
December 10th, 1990, to deny the above mentioned application.
ORDERED on the motion of Alderman Ward, secondedby Alderman Cummings, that the
communication be received and filed. Carried Unanimously.
No. 19 City of Toronto - Re: CBC Decision to Close CBLFT-TV. The
communication requests Councll to support a resolution asking the Federal
Government to take steps to preserve local CBc/Radio-Canada TV in Toronto and
other areas.
It was moved by Alderman Cummings, seconded by Alderman Cowan, that the
communication be received and filed. The motion was Defeated with the following
votes ~
AYEs Aldermen Cowan, Cummings, Hendershot, Shetar and Ward.
NAYEl Aldermen Campbell, Craitor, Minsperger, Hopkins~ sanvary, err, and Puttick.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Puttick, that
the communication be received and the resolution supported. The motion Carrle~
with the following votes
AYEs Aldermen Campbell, Craitor, Rinsperger, Hendershot, Hopkins, err, Puttick.
NAYE: Aldermen Cowan# Cummings, Janvary~ Sherat and Ward.
No. 20 - Dave W. TaFlor - Re~ Drinking Water in Niagara Palls. The
communication expresses concern regarding fluoridation of the drinking water,
attaches a printed excerpt from 'Living Heelth't and asking to be advised of the
date of debate on the issue.
ORDSRED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the communica~ion be received and filed. Carried Unani~ouelv.
· 5
No. 21 - David Jovanovic, chairman, Falls View B.I.A. - Re: Board of Management.
The communication asks Council to appoint a representative of council to the
Board.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
Alderman Puttick be appointed to the Beard. Carried Unanimously.
R~PORTS
PD-91-12 - Chief Administrative Officer - Re: Application for Exemption from
Part Lot Control, Hatper Drive, Balmoral Court Subdivision. The report
recommends the following:
1) That the request from Sam Cardamone, Angels Ella and John Ventresca to be
exempt from Part Lot Control of Lots 5 and 7, Registered Plan M-190, be
approved and that Council pass the appropriate by-law to designate the lands
as exempt from Part Lot Control; and
2) That the applicants give notification to the City when the deeds have been
registered in order that the by-law be rescinded.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Shetar, that
the report be received and adopted. Carried Unanimouelv~ ~
See By-law No. 91-14.
BR-91-02 - Chief Administrative Officer - Re: Employee Suggestion Awards. The
report recommends that the City employees, enumerated in the report, who
submitted approved suggestions, receive the recommended awards.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimouslv~
B-91-01 - Chief Administrative Officer - Re: Amendments to Penalty Provisions
in Certain By-laws. The report recommends that Council pass the by-law on
tonight's Agenda, amending the penalty provisions in By-laws Numbered 5245, 5397,
6328, 6661, 6803, 70-86, 70-216, 72-211, 71-57, 72-211, 73-159, 73-223, 76-102,
77-75, 77-153, 77-272 and 83-101, thereby repealing By-laws 81-65 and 90-24.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimouslv~
See By-law No. 91-10,
and By-law No. 91-11.
B-91-03 - Chief Administrative Officer - Re: Sign Application; Mufflerman - 6927
McLeod Road. The report recommends that City Council approve the application
for a wall sign, having a combined area of 400 square feet, for Mufflerman on
the east side of the building at 6927 McLeod Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman campbell, that
the report be received and adopted. Carried Unanimously..
B-91-04 - Chief Administrative Officer - Re: Housing for Infrastructure Needs
Program. The report recommends that City Council authorize the lease of a
portable building from Niagara Relocatehie Buildings at a cost of $550.00 per
month for City-wide INP Staff, with a set up cost of $5,100.00.
ORDERED On the motion of Alderman Hineperger, seconded by Alderman Ward, that
the matter be refered to staff report on the cost for several locations in the
Queen Street area with the understanding that the use of a portable located at
City Hall is unacceptable and that the downtown Board of Management Tenants
Search Committee be used in the location of the properties. Carried Unanimouel .
- 6 -
R-91-03 - chief Administrative Officer - Re= Highway Sign - Niagara Falls Arena.
The report recommends that Staff request permission from the Ministry of
Transportation to erect signage in both directions on the 420 at MacDonald
Avenue, directing patrons to the Niagara Falls Memorial Arena.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
MW-91-04 - Chief Administrative Officer - Re: Lease Agreement with Ministry of
Transportation- The report recommends that the by-law appearing later on the
Agenda, authorizing a Lease Agreement with the Ministry of Transportation and
Communications, be approved.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that
the report be received and adopted. Carried UnanimouslY.
See By-law No. 91-12.
MW-91-05 - Chief Administrative Officer - Re: Winter Control - Rental Equipment
Tender. The report recommends that tenders received from the following
companies, for the purpose of snow removal during the 1990-1991 Winter Season,
at rental rates per hour as shown on the tender summary sheet, be accepted:
1) Pizzi General Contracting for one (1) grader, One (1) front end loader;
2) L. Walter. Excavating for one (1) grader;
3) Newcon Underground Services for one (1) front end loader.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ninsperger,
that the report be received and adopted. Carried UnanimouslY.
MW-gl-05 Chief Aa"lnistrative officer - Re: Policy and procedure for
Dedicating Road Widening. and Daylighting Triangles- The report recommends that
Council approve of the "policies and Procedures for Dedicating Road Widenings
and Daylighting Triangles" (attached)-
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously-
MW-91-08 - Chief Administrative Officer - Re: Submission by City of Niagara
Falls Delegation to M.T.O. Officials during O.G.R.A- conference. The report
recommends that the city of Niagara Falls Delegation, scheduled to meet with
M.T.O. Officials during the O.G.R.A. Conference, be authorized to make the
requests enumerated in the report.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that
the report be received and adopted. Carried UnanimouslY-
F-91-04 - Finance Co~mittes - Re~ Committee Reports. The report recommends the
following~
1) FC-91-01 - Assessment for the 1991 Taxation Year -
It is recommended that the report be received and filed for the information
of Council]
2) FC-gI-O3 - 9uotation for Street Lighting Fixtures -
It is recommended that Council approve the recommendation]
3) FC-91-04 - Quotation for.Street Lighting Poles -
It is recommended that Counoil approve the recommendation]
4) FC-91-O5 - ReCur.able Mileage Rate -
It is recommended that Council deny the recommendation;
- 7
5) Hamilton Civic Hospitals Foundation Request -
It is recommended that the report be received and filed for the information
of Council;
6) Niagara Falls Kidney Foundation Request -
It is recommended that Council approve a grant in the amount of $140.00 (plus
G.S.T.) to the Niagara Falls Kidney Foundation, further to their request for
two hours free ice time.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger,
that the report be received and adopted. Carried Unanimously.
F-91-05 - Chief Administrative Officer - Re: Financing of Owners' Share of Local
Improvements. The report recommends that Council pass the by-law appearing on
this evening's Agenda, to impose special rates for the payment of the owners'
portion of the cost of local improvements to be financed by the City.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
report be received and adopted. carried Unanimously.
See By-law No. 91-13.
F-91-06 - chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts .totalling $1,360,132.41 for the period ending
January 21, 1991, be approved by the passing of the by-law appearing later on
the agenda.
Alderman Ward declared a conflict of interest on Cheque No. 65213 because a
member of his family works there.
Additional information was provided onCheque No.. 64770, 64771, 64990, 64993,
65008, 65153 , 65182, 65183, 65262.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the report be received and adopted. The motion Carried with Alderman Cummings,
Hinsperger, Hendershot, Sherat, and Ward abstaining from the vote on conflicts
of interest previously recorded; and with all others voting in fayour.
See By-law No. 91-15.
CD-91-04 - Chief Administrative Officer - Re: Encroachment. on Queen Street,
at 4632 Victoria Avenue. The report recommends that the application to permit
the continuation of encroachment. of the former Firestone Store building upon
the Municipal road allowance on Queen street, be approved subject to established
policy, and the necessary by-law be enacted by the City Council.
ORDERED on the motion of Alderman Mendershot, seconded by Alderman Ninsperger,
that the report be received and adopted. carried Unanimously.
See By-law No. 91-09.
MW-91-19 - (HANDOUT) - Waste Management Sub Committee Report - Re: Recycling in
the Regional Niagara. The report recommends that Council endorse, in principle,
a co-ordinating role for the City of Niagara Falls in a consolidated Recycling
Program. It further recommends that staff be authorized to participate with
technical representatives of other Regional Niagara Municipalities to develop
detailed plans on how consolidation will take place, so that Councils can
consider detailed recommendations.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
- 8 -
RESOLUTION
No. 04 - _ RESOLVED that Alderman Ed Sherat be appointed Acting
Mayor for the period January 26th to January 30th, 1991; during the absence of
His Worship Mayor William Smeaton;
AND that Alderman Bruce Cowan be appointed Acting Mayor for the period January
31st to February 9th, 1991, during the absence of His Worship Mayor William
smeaton; AND the Seal of the Corporation be hereto affixed-
Carried UnanimouslY.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-08 - A by-law to appoint a Drainage Superintendent under The Drainage
Act. (Report MW-90-307 approved by Council December 17, 1990).
No. 91-09 - A by-law to allow the maintaining and using of a building which
encroaches on Queen Street. (CD-91-04)-
No. 91-10 - A by-law repealing By-law No. 81-65 and amending By-laws No. 5245,
5397, 6328, 6661, 6803, 70-86, 70-216, 72-211, 73-159, 73-223 and
76-102. (Report No. B-91-01).
Ns. 91-11 - A by-law repealing By-law No. 90-24 and amending By-laws No. 71-
57, 77-75, 77-153, 77-272 and 83-101- (Report NO. B-91-01).
No. 91-12 - A by-law to authorize the execution of an agreement with the
Minister of Transportation. (Report No. MW-91-04)-
No. 91-13 - A by-law to impose special rates to provide for the payment of the
owners' portion of the cost of certain local improvements- (Report
No. F-91-05}-
No. 91-1~ - A by-law to designate certain land not to be subject to part lot
control- (Report No. pD-91-12).
No. 91-15 - A by-law to provide monies for general purposes.
The Motion carrie_____~dwith Aldermen cummings, Hinsperger, Hendershot, Shetar, and
Ward, abstaining from the vote on By-law No. 91-15 on conflicts of interest
previously recorded under Report No. F-91-06; and with all others voting in
fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the following by-laws be now read a second and third time:
No. 91-08 - A by-law to appoint a Drainage Superintendent under The Drainage
Act. (Report MW-90-307 approved by Council December 17, 1990).
No. 91-09 - A by-law to allow the maintaining and using of a building which
encroaches on Queen Street. (CD-91-04).
No. 91-~0 - A by-law repealing By-law No. 81-65 and amending By-laws No. 5245,
5397, 6328, 6681, 6803, 70-88, 70-216, 72-211, 73-159, 73-223 and
76-102. (Report No. B-91-01).
No. 91-11 - A by-law repealing By-law No. 90-24 and amending By-laws No. 71-
57, 77-75, 77-153, 77-272 and 83-101. (Report No. B-91-01}.
No. 91-12 - A by-law to authorize the execution of an agreement with the
Minister of Transportation. (Report No. MW-91-04).
No. 91-13 -
A by-law to impose special rates to provide for the payment of the
owners' portion of the cost of certain local improvements. (Report
NO. F-91-05).
No. 91-1~ - A by-law to designate certain land not to be subject to part lot
control. (Report No. PD-91-12).
No. 91-15 - A by-law to provide monies for general purposes.
The Motion Carried with Aldermen cummings, Hinsperger, Hendershot, Sherat, and
Ward, abstaining from the vote on By-law No. 91-15 on conflicts of interest
previously recorded under Report No. F-91-06; and with all others voting in
favour.
NEW BUSINESS
Alderman Cummings suggested that Brad May be recognized by Council for his
participation in the World Junior Hockey Championships - Gold Medal. Mayor
Smeaton indicated that arrangements had already been made in this regard.
Alderman Cummings requested that members of Council wear yellow ribbons to
recognize soldiers in conflict in the Persian Gulf.
His Worship Mayor Smeaton referred to the upcoming Joint Council Meeting to be
held in Niagara Falls, New York on January 22, 1991.
Alderman campbell referred to the senior citizens municipal assistance program
He indicated that if one partner who satisfies the conditions passes away and
the surviving spouse is less than 65, they would lose the income and assistance
of the municipality - this would make it impossible to stay in the home.
ORDERED On the motion of Alderman Campbell, seconded by Alderman Hendershot that
a report be prepared concerning a change to the legislation to allow surviving
spouses under the age of 68, that otherwise qualify to be able to receive the
Municipal Tax Credit. Carried Unanimously.
It was moved by Alderman Puttick, seconded by Alderman Ward, that the meeting
adjourn. Carried Unanimously.
.Alderman Ward offered a Closing Prayer.
READ AND ADOPTED,
'EC
FIFTH MEETING
Committee Room #2
February 4, 1991
Council met on Monday, February 4th, 1991, at 6:30 p.m., in Committee of the
Whole. All members of Council with the exception of His Worship Mayor Smeaton,
and Alderman Sherat, who were on vacation, and Alderman Orr, who was away due
to illness, were present. Alderman Rendershot presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
AND PTED,
E.C. WAGG, CITY CLERK
ACTING MAYOR BRUCE COWAN
REGULAR MEETING
Council Chambers
February 4, 1991
Council met On Monday, February 4th, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of council with the exception of His
Worship Mayor Smeaton, and Alderman Sherat, who were on vacation, and Alderman
Orr who was away due to illness, were present. Acting Mayor Bruce Cowan presided
as Chairman. Alderman Hendershot offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Hendershot asked that the minutes of January 21st, 1991 be amended
to indicate that he had voted in fayour of the first motion in respect to
Communication No. 19.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the minutes of the meeting held January 21st, 1991 be adopted as amended.
Carried Unanimously.
CONFLICTS OF INTEREST
Alderman cummings, declared a conflict of interest on Report No. F-91-08,
cheque No. 65516, as he is a member of association.
Alderman Hendershot, declared a conflict of interest on Report NO. CD-91-07,
because he rents the property.
Alderman Rinsperger, declared a conflict of interest on Report No. F-91-08,
Cheque No. 65315, 65317, 65325~ 65327, 65437, and 65456 because a member of his
· family is employed by the company.
Alderman Hopkins, declared a conflict of interest on Report No. CD-91-12, and
on by-law -91-20 because his employer has a business interest.
i Alderman Ward, declared a conflict of interest on Report No. F-91-08, Cheque
No. 65374 because a member of his family is employed by the company and Report
' No. MW-91-41 because he has a business interest in the company.
.W. ELCOME
Acting Mayor Bruce Cowan welcomed the Niagara Falls Girl Guides of
Southminister Church who were in attendance with their Leaders, Mrs. Graves and
Mrs. Collee as part of their requirements for Citizenship Badges.
2
DEPUTATIONS
1. Acting Mayor Bruce Cowan introduced Rob Nicholson, MP, who expressed
appreciation for the invitation to address Council, and referred to the following
items of concern: The persian Gulf Crisis; Bill C-69; The Goods and Services
Tax; Helicopter problems in Niagara Falls; Interest Rates; Free Trade; Canadian
Government Annuities; Bilingualism; Capital punishment; National Archives in
Hull, Quebec; Research & Development-
Alderman Craitor requested that Mr. Nicholson consider calling Nabisco to
offer his services with respect to the present strike; Mr. Nicholson responded
that he would to do so upon his return to Ottawa.
Acting Mayor Bruce Cowan thanked Mr. Rob Nicholson for attending Council.
2. Arcturus Environmental - Mr. Rob McLeod, president, Niagara Falls Economic
Development Agency, introduced the new company to Niagara Falls. Acting Mayor
Bruce Cowan presented a token of the City's appreciation to Dr. A.W. Panko and
Mr. Tony Di Fursolo-
3. Mr. Denis Stefaniuk, president, and Mr. David Gillies, from the Visitor
and Convention Bureau addressed council with an update report on the American
Bus Association Convention. A Survey was done by the A.B.A. and will be available
to Council when the results have been tabulated.
4. Greater Niagara Transit & Niagara Chair-A-Van - Communication No. 22A -
Re: Statement of Affairs - The communication attaches the statement of affairs
of the Greater Niagara Transit Commission for the year ending December 31, 1990;
seeking payment of the municipal share of the 1991 bus purchase which was
advanced to the third quarter of 1990 and approved by Council in its.meeting on
August 13, 1990, seeking a $0~10 fare increase effective March 1, 1991. The
communication further advises that additional funds or a fare increase from
Council may be necessary during the year due to unstable diesel fuel costs,
increased tax levies. The communication indicates that the continuing of the
operational Review and subsequent implementation of the findings of that review.
Mr. W. Maves, Chairman of the Commission, introduced the following
representatives of Niagara Transit and Chair-A-Van: Mr. A. "Sandy" casey, Terry
Librock, Mr. Rudy Muser, Mr. J. Hopkins, F. Brant, Representatives of St. John
Ambulance on the Commission on Chair-A-Van. Mr. Allan Levesque and Mrs. Wendy
Borelli.
Mr. Mares reviewed Communication 22A, and responded to questions raised
and requested approval. .
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger, that
the reports, communications and audited Financial Statements be received and
adopted.
carried Unanimously.
Communication No. 22B - Niagara chair-A-van - Re: Statement of Affairs. The
Communication encloses the statement of affairs with respect to transportation
of the physically disabled for 1990, and provides an overview of activities and
personnel.
Mr. Bart Mares, Chairman of the commission, reviewed Communication No. 22B
with respect to the Chair-A-Van operation.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report and audited Financial Statements be received and adopted.
Carried Unanimously.
- 3 -
UNFINISHED BUSINESS
1. The Corporation of the city of Cambridge, requesting support for their
resolution with regards to higher library user fees; Niagara Falls Public
Librar~ not supporting the resolution in fayour of higher user fees. The
communication requests that Council respond to this communication.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell that
both the Library letter and letter from cambridge City Council be received and
filed and that Council not offer support for the resolution. The motion carried
with the following vote:
AYE: Alderman Campbell, Craitor,
Puttick, Ward.
NAYE: Alderman Janvary.
Cummings, Hendershot, Hinsperger, Hopkins,
COMMUNICATIONS
No. 23 - Niagara Falls Brewing Company, 6863 Lundy's Lane - Thank you letter
for official recognition as ambassadors for the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
communication be received and filed. Carried Unanimously.
No. 24 - Lucy Jainette Arkinsert, 4990 St. Clair crescent - The communication
expresses thanks for the Induction Ceremony to the "Sports Wall of Fame".
ORDERED on the motion of Alderman cummings, seconded by Alderman Ward, that the
communication be received and filed. Carried Unanimously.
No. 25 - Mrs. Nancy Eidt, 5710 Robinson Street - Re: Thank you letter for
recognition of the late Conrad Eidt.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
communication be received and filed. Carried Unanimouslv~
No. 26 - Hen. Doug Lewis, Minister of Transport - Re: Proposed heliport in
Niagara Falls. The communication states that the matter will be reviewed by the
Ministry of Transport.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
communication be received and filed. Carried Unanimouslv~
No. 27 - Ken Arkinsert, M.P. House of Commons - Re: Government Policy on the
Environment. The communication provides information on the recently released
"Green Plan".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
oommunioation be received and filed. carried Unanimously.
No. 28 - Lubrizol Canada Limited - Re: Report of the C.A.E.R. 90, emergency
exercise. The communication provides information on the planning and
preparedness for handling emergencies.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
communication be received and filed. Carried Unanimously.
No. 29 - Joseph Brugman, Carnival Chairman, Stamford Center Volunteer Firemen's
Association - Re: Annual Carnival. The communication requests permission to
operate the Carnival, June 12-15, 1991 and bring L.E. Smith Rides and
Concessions.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
the requests be approved subject to established policy.
- 4
No. 30 - Town ef Fort Erie - The communication requests support of resolution
regarding inspection and operational safety of trains entering Ontario from the
United States-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that
Council support the resolution.
No. 31 - Town of Tecumseh - The communication requests support of a resolution
regarding opposition to any change in legislation which would allow the use of
public funds in the promotion or performance of abortions-
ORDERED on the motion of Alderman puttick, seconded by Alderman Campbell, that
the communication be received and filed-
No. 32 - Regional Niagara planning & Development Department - Re:
preservation program for Regional Niagara. The communication requests:
Tree
1) That tree preservation be supported and staff continue work on
recommendations 4 to 10 in the report;
2) That this report be circulated to the local municipalities and other
interested agencies for information and any additional comments which they
may have.
3) That staff report back on progress with individual recommendations.
ORDERED on the motion of Alderman puttick, seconded by Alderman Campbell, that
the matter be referred to the Environment Greening Committee-
No. 33 - Canadian Wildlife Federation - Re: proclamation - asking council to
declare April 7 - 13, 1991 as ,.National Wildlife Week"-
ORDERED on the motion of Alderman puttick, seconded by Alderman campbell, that
the request be approved subject to established policy.
No. 34 -.City of Niagara Falls - Re: Approved Minutes of the Mountain Road
Landfill Public Liaison committee- The Communication requests that the minutes
be distributed to Council-
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cnmpbell, that
the communication be received and filed.
- 5 -
MW91-30 - chief Administrative Officer - Re: By-law to Authorize Reconstruction
of Portage Road from St. Paul Ave. to Approximately Swayze Drive and on Dennis
Lane. The report recommends the following:
council hear any person who claims that his/her land will be
preJudicially affected by the By-law appearing on tonight's Agerids,
to authorize the above work, and
Subject to there being no valid objections that the By-law
representing the reconstruction of Portage Road from St. Paul Avenue
to approximately Swayze Drive and Dennis Lane from St. Paul Avenue
to Portage Road be given three readings and be passed by Council.
There was a negative response to Acting Mayor Cowan's request for comments from
interested persons present.
ORDERED on the motion of Alderman Janvary, seconded by Alderman craitor, that
the report be received and adopted. Carried Unanimously.
MW-91-31 - Chief Administrative Officer - Re: Municipal Parking Lot Signing and
"Falls" Directional Signing on Highway 420. The report recommends the following:
1)
That staff request approval from the Ministry of Transportation Traffic
Division for the placement of Municipal Parking Lot Directional signs,
during the Tourist Season (June to October), at the intersections of:
Highway 420 and MacDonald Avenue and: Highway 420 and Stanley Avenue;
2)
That the signs consist of our standard "Circle P" (Municipal parking lot
symbol) with the addition of the wording "All Day Tourist Parking";
3)
That staff request removal of the word "Alternate" from the large overhead
directional sign located on Highway 420 west of Stanley Avenue for
eastbound traffic;
4)
That the Minister of Transportation, the Hencurable Ed Philip, be forwarded
a copy of these requests;
s)
That staff report back to the Municipal Parking Committee in March as to
the status of the requests.
ORDERED On the motion of Alderman Campbell, seconded by Alderman Hinsperger, that
the report be received and adopted. carried Unanimously.
REPORTS
B-91-07 - Chief Administrative Officer - Re: Housing for infrastructure Needs
Program - Council was advised that this report had been withdrawn from the
agenda.
MW-91-28 - chief Administrative Officer - Re: Allendale Avenue - Removal of the
Existing Parking Restriction Between Ferry Street and Robinson Street. The~
report recommends the following:
1) That as requested by area residents, the existing parking restriction on
the east side of Allendale Avenue between Ferry Street and Robinson Street,
be removed; and
2) The By-lawn mending By-law 89-2000 (being a by-law to regulate parking and
traffic on City roads) appearing ~ater on tonight's agenda, be approved.
ORDERED on the motion cf Alderman Janvary, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See Re~ort MW-91-16.
MW-91-32 - Chief Administrative Officer Re: By-law to Authorize Road
Reconstruction on Lewis Avenue from Walnut/Kitchener Street to Centre Street;
McGrail Avenue from Walnut Street to Centre Street. The report recommends the
following:
l)
Council hear any person who claims that his/her land will be preJudicially
affected by the By-law appearing on agenda, to authorize the above noted
works~
Subject to there being no valid objections, that the By-law appearing on
agenda be passed by Council.
There was a negative response to Acting Mayor Cowan's request for comments from
interested persons present.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
- 6
MW-91-33 - Chief Administrative Officer - Re| All-Way Stop Rec/uest, Murray Street
at Orchard Avenue. The report recommends the followingx
1) An all-waY stop control be installed at the intersection of Murray Street
at orchard Avenue~
2) The By-law amending By-law 89-2000 (being a by-law to regulate parking and
traffic on city roads) appearing on agenda be approved.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and adopted. Carried UnanimouslY.
MW-91-3~ - Chief Administrative Officer - Rex Yokom Road/crowland Avenue
Drainage. The report recommends the followingx
1) Cleanup of the ditch system at the location of 8880 ~okom Road, be carried
cut to solve drainage problems, at an approximate cost of $2,500 subject
tO:
a)
The owner of the property between Crowland Avenue and the Walker's
property (8880 Yokom Road) granting permission for the proposed
works to be carried out~
b) Approval be granted under the Lakes, Rivers andFisherlee
Improvement Act~ and
c) The cost of the works being financed from the Ditching Allocation
currently proposed in the draft 1991 Operating Budget~
ORDERED on the motion of Alderman Hopkins, seconded by Alderman craitor, that
the report be received and adopted. The motion Cattle__ d with the following votex
AYE: Aldermen Campbell, craitor, Cummings, Henderehot, Hinsperger,
Hopkins, Janvary, Ward.
NAYEx Alderman puttick
MW-91-35 - Chief Administrative Officer - Re: Horizontal Control Monumentsrice
Program. The report recommends the followingx
1} That the Firm of Matthews & Cameron Limited be retained at a cost of
$56,000 to establish eighty (80) horizontal control monuments in the urban
area of the City~
2) That the city continue to include the requirement in Subdivision Agreements
for new developments to install horizontal and vertical control
monumentationl
3) That the cost of the Horizontal Control Monumentation program be financed
through the City-Wide Infrastructure Needs Program Budget with a
contribution of $10,800 from Subdivision ',Cash-in-Lieu" Deposits, committed
by subdivisions built in. 1990.
ORDERED On the motion of Alderman Janvary, seconded by Alderman Ward, that the
report be received and adopted. The motion Carried with the'following votex
AYE: Aldermen Campbell, Cummings, Hopkins, Janvary, Ward.
NAYEx Aldermen Craitor, Hendershot~ Hlneperger, Puttick
MW-91-36 - Chief/~isinis~rst~ve Officer - Ro~ Update on City - H.O.E. Interim
Sanitary Sewer OverflowAbatement Strategy. The report recommends the following~
1) That this report be received for the information of Council~
- 7
2) That City staff be authorized to request that the Developers of the
Shrinere Creek Co-operative Housing Project, Belleview Estates Subdivision,
Mount Carmel III Subdivision, and other Subdivisions, subject to M.O.E.
approval, prepare a sewer monitoring report to verify that the Kalar Road
Pumping Station and the tributary sanitary sewer system have adequate
capacity to accommodate the sewage flows which these developments will
produce.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
MW-91-38 - Chief Administrative officer - Re: Program of Proposed Supplementary
and Anti-Recession Expenditures for Highway Improvements for the Year 1991 -
Ministry of Transportation, FOrmMR-A-16. The report recommends that the Program
of Proposed Supplementary and Anti-recession Expenditures for Highway
Improvements for the year 1991, dated February 4, 1991, be adopted and presented
in the total estimated amount of $4,408,400.00 with an estimated subsidy of
$2,070,450.00.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
MW-91-39 - (HA/~)OUT) - Municipal Works Committee Report - Re: operating Budget
for New Equipment Tender - Municipal Works Section. The report recommends that
staff be authorized to tender for 1991 New Vehicle Equipment purchases. ~
ORDERED on the motion of Alderman Janvary, seconded by Alderman Mineperger, that
the report be received and adopted. Carried Unanimouslv.
See Report MW-91-07
MW-91-d0 - (HANDOUT) - Municipal Works Committee Report - Re: Recycling Charges.
The report recommends that payment in the amount of $30,985.96 be made to Niagara
Recycling as the Niagara Falls' share of costs, resulting from the strike at
Quebec and Ontario Paper.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
See RePort MW-91-12
MW-91-41 - (HANDOUT) - Municipal Works Committee Report - Rex The Purchase of
Recycling Truck and Sale of Two Commercial Packers. Alderman Ward declared a
conflict of interest because he has a business interest. The report recommends
the following=
1)
That a Haul-All recycling vehicle be purchased from V-Quip at a cost of
$94,700 plus appropriate taxee$
2) That the Purchasing Agent be authorized to call tenders on selling/leasing
or the lease purchasing of two rear loading garbage packers with a minimum
lease period of four months.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
the report be received and adopted. The motion carried with Alderman Ward
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
See ReDor~ MW-91-37
FD-91-01 - Chief Adminis~rative officer - Rex Tendering a Fire Department Fumper
Truck. The report recommends that Council authorize the Fire Department to
tender for a pumper truck.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that
the report be received and adopted. carried Unanimously.
-8-
FD-91-03 - Chief Administrative Officer - Re: Fire Fighters' Agreement - City
of Welland- The report recommends that Council authorize the execution of the
By-law appearing on the agerids-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted- Carried UnanimouslY-
F-91-07 - Finance COmmittee - Re: Committee Reports- The report recommends the
following:
1) Niagara Falls public Library Financial Statement as of November 30, 1990 -
It is recommended that the report be received and filed for the information
of council;
2) Niagara Falls Mumdue society Financial statements for November, December,
1990.
It is resommended that the report be received and filed for the information
of Council;
3) Revenue Canada Law Enforcement Hockey Tournament Request for Ice Rental
Fee Reduction/Rebate-
It is recommended that Council deny the request;
4)The Elks purple Cross Fund Request for Financial Assistance-
It is recommended that council deny the request;
5) MW-91-20 - Non-Profit Housing, McLeod Road, Relief from payment of Impost
Fee, City of Niagara Falls Non-Profit Housing Corporation-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted- The motion Cartie__ d with the following vote:
AYE: Aldermen Craitor, Cummings, Hopkins, Hendershot, Hinsperger,
Janvary, Ward-
NAYE: Aldermen Campbell and puttick-
CD-91-09 - Chief Administrative Officer - Re: Proposed Plan of Subdivision -
"Belleview Estates Plan 2". The report recommends that the Belleview Estates
Plan 2 Subdivision be approved subject to the conditions enumerated in the
Report.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
CD-91-10 - Chief Administrative Officer - Re: Proposed Plan of Condominium
Subdivision - "Cherrywood Place Condominium. The report recommends that the
cherrywood Gardens Condominium Subdivision be approved subject to the conditions
enumerated in the Report.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
CD-91-12 - Chief Administrative Officer - Re: Proposed Plan of Condominium
Subdivision - "The Gates of Knitlie Court. The report recommends that The Gates
of Knitlie Court Condominium Subdivision be approved subject to the conditions
enumerated
ORDERED on
the report
abstaining
all others
in the Report.
the motion of Alderman Janvary, seconded by Alderman Craitor, that
be received and adopted. The motion Carried with Alderman Hopkins
from the vote on conflicts of interest previously recorded; and with
voting in favour.
RESOLUTION
No. 05 - HINSPERGER - CUB~4INGS - RESOLVED to approve the Program of Proposed
Supplementary Expenditures for Highway Improvements for 1991, in the total amount
of $4,408,400.00 with an estimated subsidy of $2,070,450.00; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 06 - HENDERSHOT - JANVARY - RESOLVED that the Council of the Corporation of
F-91-08 - Chief Administrative Officer - Re: Municipal Accounts. The report the city of Niagara Falls, Opposes Bill C-69 and recommends that the bill
recommends that the accounts totalling $2,755,770.80 for the period ending recently passed by the House into law be sent back to the appropriate body for
February 4, 1991, be approved by the passing of the by-law appearing later orlfurther review; AND the Seal of the corporation be hereto affixed..
Carried Unanimously.
the agenda.
Additional information was provided on Cheque NeE. 65526, 65418
ORDERED on the motion of Alderman cummings, seconded by Alderman Hendershot, that
the report be received and adopted. The motion~with Aldermen Cummings,
Hinsperger, and Ward abstaining from the vote on conflicts of interest previouslb
recorded; and with all others voting in fayour.
CD-91-07 - Chief Administrative Officer - Re: Cancellation and Refund Taxes. Tb
report recommends that a cancellation of taxes amounting to $204.95 for 1989
made to 6567 Kuhn Crescent, Roll No. 27 25 090 006 01.
No. 07 - CU~ING8 - NINSPERGER - RESOLVED that Council of the corporation of the
City Of Niagara Falls hereby petitions for subsidy under the provisions Of the
Public Transportation and Highway Improvement Act on expenditures made during
the year 1990 in the amount of $8,560,648.89; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, thai
the report be received and adopted. The motion carrie___F d with Alderman Hendersh°'i BY-LAWS
abstaining from the vote on conflicte of interest previously recorded; and wit'
' division ~leave be granted to introduce the following by-laws, and the by-laws be read a
CD-91-08 - Chief ~inis%ra~lve Officer ~ Rei propose
"Marlea Subdivision", Regional Pile No. 26T-90020 The report reco~ends ~ha et
e
clerk be authorized to process the Application for the "Marie
~he City council 8 ~ c°nsiderati°~°' 91-16 - A by-law to authorize road construction of Portage Road from St.
Z; n e: oal I o ation received, and public input. Paul Avenue to Portage Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Mendershott the
the report be received and adopted. Carried UnanimouslY.
10 -
- 11
91-17
A by-law to authorize road reconstruction of Lewis Avenue from
Walnut street/Kitchener street to Centre Street and McGrail
Avenue from Walnut Street to Centre Street.
No. 91-18 - A by-law to provide for appointments to certain Boards,
Commissions and Committees.
NO. 91-19
- A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking)
NO. 91-20
A by-law to authorize the execution of an agreement with 766351
Ontario Inc. and others respecting the proposed Sarah Place
Condominium Subdivision.
No. 91-21
A by-law to authorize the execution of an agreement with 876929
Ontario Limited and others. (Report PD-90-128 adopted by council
on August 27th, 1990).
NO. 91-22
- A by-law to authorize the execution of an agreement with The
corporation of the City of Welland.
No. 91-23 - A by-law to provide monies for general purposes.
The Motion Carried with Alderman Hopkins abstaining from the vote on By-law No.
91-20 on a conflict of interest as his employer has a business interest; and
Aldermen Cummings, and Hinsperger abstained from the vote on conflicts of
interest previously recorded under Report No. F-91-08; and with all others voting
in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Binsperger, that
the following by-laws be now read a second and third time:
No. 91-16
A by-law to authorize road construction of Portage Road from St.
Paul Avenue to approximately Swayze Drive and Dennis Lane from
St. Paul Avenue to Portage Road.
No. 91-17
A by-law to authorize road reconstruction of Lewis Avenue from
Walnut Street/Kitchener Street to Centre Street and MeGrail
Avenue from Walnut Street to Centre Street.
No. 91-18 A by-law to provide for appointments to certain Boards,
commissions and committees.
NO. 91-19
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking)
NO. 91-20
A by-law to authorize the execution of an agreement with 766351
Ontario Inc. and others respecting the proposed Sarah Place
Condominium Subdivision.
No. 91-21
A by-law to authorize the execution of an agreement with 876929
Ontario Limited and others. (Report PD-90-128 adopted by Council
on August 27th, 1990).
91-22
- A by-law to authorize the execution of an agreement with The
corporation of the City of Welland.
No. 91-23 - A by-law to provide monies for general purposes.
The Motion carried with Alderman Hopkins abstaining from the vote on By-law No.
91-20 on a conflict of interest as his employer has a business interest; and
Aldermen cummings, and Hinsperger abstained from the vote on conflicts of
interest previously recorded under Report No. F-91-08; and with all others voting
in fayour.
NEW BUSINESS
Congratulations -
Alderman Cummings offered congratulations to the recent crowning of Marlene
Soccio, as Miss Teen Niagara.
Housing for Infrastructure Needs Program -
Alderman Puttick referred to having an alternate suggestion to Downtown space
rental, as no direction was given, it was understood that Mr. Johnson would
submit his report on the Cost for several locations in the Queen street area.
LOss of Business Tax -
Alderman Craitor discussed his presentations to the Province regarding the Loss
of Business Tax. Alderman Puttick asked that a resolution be drafted to A.M.O.
when the matter is delt with
* * * * * *
It was moved by Alderman Janvary, seconded by Alderman Hendershot, that the
meeting adjourn. Carried Unanimously
READ AND ADOPTED,
;. i' [;;Q' ........
ACTING MAYOR BRUCE COWAN
SIXTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
February 11, 1991
Council met on Monday, February llth, 1991, at 7:25 p.m., in Committee of
the Whole. All members of Council, with the exception of Alderman Sherar, who
was on vacation, were present. Alderman cummings presided as Chairman.
Following consideration of the item presented, the Committee of the Whole
arose without reporting.
PLANNING MEETING
Council Chambers
February llth, 1991
Council met on Monday, February llth, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of Council, with the exception of
Alderman Sherat, who was on vacation, were present. His Worship Mayor 8meaton
presided as Chairman. Alderman Puttick offered the Opening Prayer.
His Worship Mayor Smeaton informed council that the Parliamentary Assistant,
to Mr. Peter North, Mr. Dan Waters, will be coming to Niagara Falls at 4:00 p.m.,
to make a special announcement regarding the three capital conservation program
grants (Arena Equipment) that the City has applied for. All the Aldermen were
invited to attend.
His Worship Mayor Smeaton advised that a new procedure for the Planning Agenda
will be used for the next six months.
REPORTS
PD-91-19 - Chief Aa~inistrative Officer - Re: Official Plan Amendment
Application, OPA No. 196 & AM-36/90. 527786 Ontario Limited, 2634 St. Paul
Avenue. The report recommends the following:
l)
That the Official Plan amendment be approved changing the land designation
for the property on the east side of St. Paul Avenue from Industrial to
Residential and permit residential densities of up to 100 units/hectare
(40 units/acre) on the site, subject to appropriate amenity end design
features being provided;
2)
That the Zoning By-law be approved amending the property from Light
Industrial to Residential Apartment 5C Zone (RSC) providing site specific
provisions for a 69 unit apartment building, having improved landscaping,
buffering, building setbacks and underground parking;
That staff prepare the amending by-laws for enactment at a subsequent
Council meeting;
4)
That the applicant satisfy the Regional Public Works Department
requirements for storm water management, site servicing drawings and
driveway permits;
That payment be made to the City for the cost of constructing a sidewalk
across the frontage of the property and any impost fees applicable at the
time of the issuance of building permits;
6)
7)
That the lands be placed under Site Plan Control to address grading,
lighting, landscaping, fencing, extensive buffering adjacent to the single
family and industrial areas, storm water management, and
That the applicant and the Regional Municipality of Niagara be advised
accordingly-
- AND -
Communication NO. 35 - Regional Niagara planning and Development Department -
Re: Proposed Official Plan and Zoning By-law Amendment, 6 Storey, 69 Unit
Apartment Building, 2634 St. Paul Avenue. The communication advises that the
Regional Planning & Development Department does not object to the amendment.
Communication No. 36 - L. Ferruccio, and M.
expresses co~cer~ the proposed rezoning.
Schubert - The communication
-AND -
Communication No. 37 - Dave Claydon, 2739 St. Paul Avenue -
The communication expresses opposition to the proposed rezoning.
His Worship Mayor smeaton declared the Public Meeting open and explained the
procedure to be followed in accordance with procedure as outlined by Section 34
of Planning Act for the zoning application.
The Director of Planning & Development advised that the Notices of the Public
Meeting had been forwarded by prepaid first-class mail on January 11th, 1991,
30 days ago.
His Worship Mayor Smeaton received indication that Mr. Dante Marineill,
Solicitor, was in attendance on behalf of the applicants; 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.
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the applicant or his agent, in favour of the proposal; but
received a positive response for those opposed to the application.
The Director of Planning & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-14: Official Plan and Zoning By-law Amendment
Application; Surrounding Land Use: Comments from the Public Notification Process;
Planning Review, and Site Plan Review.
Mr. Pat Lucciani stated that he was concerned about the number of units per acre,
that this was too small an area to support a 69 unit building, should be no more
than 40-45 units maximum. Me also stated that this was a prime residential area
of Niagara Falls, that this project would not be compatible to the neighborhood.
Mr. Ernie Morgan, residing at Lot No. 21, Mountaincrest, stated that he was not
opposed to the use of the land, but was concerned about the height of the
structure, his privacy and the shadowing effect as his property lies
approximately within 200-300 feet of the project.
Mr. MarineIll addressed the concerns of Mr. Lucciani and Mr. Morgan and advised
that all agreements for Purchase of Sale in Phase II 'of the project contain a
clause which indicates that the property would be used as a highrise apartment.
Mr. Morgan's property backs onto Steeles which is 150-160 feet from boundary of
the property and stated that there would be no shadowing impact.
- 3 -
Mr. Marinelli stated that due to the calibre of the units, it would be an
excellent development in a high-end area.
Alderman
prepared.
done.
Campbell inquired whether an Environmental Impact Report had been
The Director of Planning & Development stated that the report had been
Alderman Puttick declared a conflict of interest, because Mr. Marinelli, who was
representing the applicant, his firm is also representing Alderman Puttick in
another legal matter.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the
report be received and adopted. The motion Carried with Alderman Puttick
abstaining from the vote on a conflict of interest previously recorded, and with
the following vote:
AYE: Alderman Campbell, Cowan, Cummings, Hendershot, Hinsperger,
Ward.
NAYE: Aldermen Craitor, Janvary.
Hopkins, Orr,
PD-91-20 - Chief Administrative Officer - Re: AM-35-90 - Zoning By-lawAmendment
Application AM-35-90, River Realty Development Inc., Lots i - 43 Mount carmel
III, Draft Plan of Subdivision. The report recommends the following:
1)
That Council support the amendment to the Zoning By-law to implement the
proposed revisions to the Mount Carmel Extension No. 3 Draft Plan of
Subdivision and to provide regulations to guide development on the lots,
as follows:
a)
b)
c)
d)
e)
f)
q)
the minimum required front yard setback provision be increased to
7.5m (25 ft.),
the minimum required side yard setback provision for semi-detached
dwellings be increased to 1.8m (6 ft.),
the minimum required floor area for semi-detached dwelling and a
detached dwelling be increased to 185.8 sq. m (2,000 ft.} and 92.9
sq. m (1,000 sq. ft.} respectively,
the minimum landscaped open space provision per lot be maintained
at 50% as currently required,
the maximum permitted lot coverage be decreased for a semi-detached
and a detached dwelling to 35% and 30% respectively,
the minimum required building setback from the Montrose Road
allowance of 9m (29.5 ft.) be maintained as currently required, and,
require each dwelling to have an attached garage;
2) That the applicant be required to undertake appropriate engineering studies
if the existing services within the Mount Carmel I Subdivision are unable
to accommodate the additional sanitary flows as a result of the revisions
proposed to the subdivision;
3) That staff be directed to prepare the necessary by-law for enactment at
a subsequent Council meeting;
4) That the draft plan of subdivision be revised accordingly; and
5) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
Communication No. 38 - Inter-Department Memorandum of Municipal Works Department
- Rex Report on Proposed Zoning Amendment to Mount Carmel III, Draft Plan of
Subdivision, 26T-89031 (Revised) Part of Township Lot 623.
ResoUrces -The
-AN~ - Woo 39 - Letter from Ministry of Natural
c~msunioation
communication expresses no objection to the proposed rezoning-
aND - ional Niagara planning and Development
--eniom,om ,e. ,0 - L'tt'I J:.pport to th. Frcpo.ed ,sing Ny-law
Deparra~nt. The c--~xe-unicatiO P~
Amendment.
· His Worship Mayor Smeaton declared the public Meeting open and stated that the
same procedure would be followed as in the previous application-
The Director of planning Q Devel°l~nent advised that the Notices of the Public
Meeting bad been forwarded by prepaid first-class mail on January 11th, 1991,
30 days ago.
'His WorshlpMaY~r 'Smeaton received a negative response to his request for a show
' of hands by persons present who were interested in the application. He requested
that allpersons wishing to receive further notice of the passage of the by-law
Isub~it their. names and addresses to the Clerk-prior to leaving the meeting-
The Director of planning & Davelotanent discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
~n Technical Report No. pD-91-15s Official Plan and Zoning By-law knendment
~Application; Surrounding Land Uses Comaents from the public Notification process;
/planning Review-
There was a negative response to Mayor S~eatcn's request for constants fro~
:.persons, other than the applicant or his agent, in fayour of the propssail or
~'!those opposed to the application- '
business relationshiP.
.";inc. no f.~,~.r co.,nt. war. ,e~hc.ing, ,i. Wet.hip ,syer s,aton d.clar.d
~the public Meeting closed.
ORDERED on the motion of Alderman puttick, seconded by Alderman Hendershot, that
.~the report be received and the application approved- The motion ~ with
~Alderman Mopkins abstaining from the vote on:a conflict of interest previously
~recorded, and with the following votes
'~ Alderman Campbell, Craitor~ cummings, l%endsrshct, Janva~, Orr,.Pu,t.~lck,
Ward ·, ....... , I c ' i
'~NAYBs Aldermen Cowan~ NLnsperger. .~ ,;
"~iiel, l~ ' chief adsdaistralive officer - Rat Intertm Control By-law 90-329,
.17~,~,llleug~by and crowland Townships- -The report rec~nde the: followings
· <' / I~i~:!'~ ,~]b,,ui~d~l and etrmc~ureet'.and* · '*",~" ' !' ' ~' I, ~( ; ,,;
a~lLcatLone '.~ ~ the InCe=~ ~Atrol :By-law,*~ [, ;~ j '
.~; , 20~BZfez the 2~on o~ ,Al~n Hopkins, seconded by Alde~ Hlne~rgere tha=
2)
3)
4)
S)
6)
That the use of travel trailers for permanent residential occupancy not
be supported in accordance with current Official Plan policies~
That Council adopt the by-law appearing on tonights agenda to revise
Schedule 9 of Licencing By-law 76-102 to reflect current camping industry
standards~ including the seasonal occupancy of campgrounds up to 6 monthsl
That the three existing mobile home parks in the Municipality continue to
be recognized as non-conforming uses;
That staff be directed to advise the camping establisFunent owners of
Councll'sposition on the use of travel trailers as permanent residenceel
That copies of this report be forwarded to camping establishment owners
to invite comments on the report'e contents and recommendations.
Ms. Diana Van Kleef addressed Council on behalf of the camping establishment
owners and requested that Item No. PD-91-18 be removed from the Agenda for the
following teasones
That the camping establishment owners did not receive sufficient notice prior
to meeting and that Report No. CD-91-15 Amendment to Licensing By-law is not
acceptable, because none of the existing campground operations would be legal~
if this by-law would bepassed.
Alderman Puttick posed the question whether six (6) weeks would be sufficient
t~ne to prepare formal con~nents on the report's contents.
The Deputy City Clerk advised that discussions had been held with Ms. Diane Van
Kleef and staff and there were no objection regarding holding the licensing by-
law in abeyance up to 6 weeks in order to prepare formal comments.
Following a discussion, it was moved by Alderman Puttick, seconded by Alderman
Hendershot, that the report be tabled for six weeks to receive notice for
applications from camping establishment owners. The motion to table, which took
precedent~ Carried Unanimously.
PD-gl-21 -ChiefAdm~nistrative Officer -'Rex status Report on the Official Plan
Review. The report recentends that the report be received.
ORDBRED on the motion of Alderman Ward, seconded by Alderman Hlnsperger, that
the report,be ~received and !adopted. Carried Unaniraouslv, , . · . -.I
- : : !; NEW BUSINESS --~I ', -
His Worship Mayor Smeaten requested that Council prepare. for a--formal portrait
sitting~.wit;hin~the;next-~couple.'of*weeks, .: · '
It was moved by Alderman Puttick, seconded .by. ~alderman, Hendershot, that-the
,' · '..' ' .~<~:::::~b;.:, ,-0:'..:;~',::*:. :'~-, ;~:.L--~-~ .-':. ,:: ;.:i:~ ,:,-'., -'
%)/ ED~Dt -,:,* , i,, :~, - 4 : :'.' , ~::-, :;
:.4 <" :' :: .......""'.':" '. ' ':
SEVENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
February 18, 1991
Council met on Monday, February 18th, 1991, at 6:00 p.m., in Committee of
the Whole. All members of Council were present. Alderman Hinsperger presided
as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
E. C. WAGG, CITY
REGULAR MEETING
council Chambers
February 18, 1991
Council met On Monday, February 18, 1991, at 7:30 p.m., for the purpose
of considering regular business. All members Of Council were present. His
Worship Mayor Smeaton presided as Chairman. Alderman Craitor offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the
minutes of the Regular meeting held February 4th, 1991, and Planning meeting,
held February llth, 1991, be adopted as printed. Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Hendershot, declared a conflict of interest on Report No. F-91-10,
cheque No. 65615 as he is employed by the Board.
Alderman Rinsperger, declared a conflict of interest on Report No. F-91-10,
Cheque No. 65614, 65635, 65804, and 65812 and Communication from City of Nepean
because a member Of his family is employed by the company.
Alderman sherat, declared a conflict of interest on Report No. F-91-10, Cheque
No. 65808 because he is employed by the company.
Alderman Cummings, declared a conflict of interest on Report No. F-91-10, cheque
No. 65735, and on Communication #10, because a member of his family is employed
there, and Report No. F-91-10, Cheque No. 65808 because he is employed there.
Alderman Hopkins, declared a conflict of interest on Report
No. B-91-06 and B-91-13 because employer has a business interest.
Alderman Janvary, declared a conflict of interest on Report No. F-91-10, Cheque
No, 65615 because she is employed by the Board.
Alderman Campbell, declared a conflict of interest on Report No. F-91-10, cheque
No. 65814 because he is payee, and Cheque No. 65616, because organization is a
client, also report should read *YMCA', not °YWCA'.
~AldermanWard, declared aconflict of interest on Report M-91-59 because he has
a business interest.
PRESENTATIONS
His Worship Mayor Smeaton congratulated and presented an Achievement Award to
~att Rudd-for his National and Provincial Achievements in Water Skiing. Hart
~as e~fi~anadian'champion andsOntario
Economic DaveioN, ant Agency -
Mr. Charles Chataway, Director of Economic Development Agency presented a 'New
Product Award' to =DSCHACanada -Mr. David Philips, Technical Director, accepted
the award on behalf of the company. Mr. Philips introduced their new auto
torsion bar door check which will be produced in Niagara Falls.
His Worship Mayor 8meaton expressed appreciation to EDSCHA Canada end thanked
Mr. Philips for attending.
Mr, Brien ~omagnoli - C~dian. Heritage Artist -
~Mr, RoamSnell presented Mayor smeaton with a special limited edition collector
plate, entitled 'Christnms in Niagara Falls' and accompanying orQement'entitled
~Nlagara Falls' produced by Royal Copenhagen of Denmark,
Mayor Smeatonexpressed appreciation and thankedMr. Romagnoli on behalf of'the
City end.the commun~y for the presentation, ~ ~ .
DEPUTATIONS
Miss Leigh Campbell, Minister of Culture & Recreation, =imcoe~treet School,
addressed Council regarding a skateboarding facility, She informed Council that
,a petition had been circulated at aimcoo street School and elsewhere, and that
;i};600 s~udentl, teachers and parents !had respondedits 'the petition,
' . ~3~Hle Worship Mayor Smeatcn advised that an lnterested~l.community~-organization is
., ~p.r~esqnt~y .~look~ng..at .verioUs~ ikateb~ard facilities,.=~/~::~fZ' '. "f~:-' .... / ~,~ ~ .~ ~
· ~;' ./.}~ ' . ' ' ' '. ~':.~f. ,~1~;- -_ .-;-~; . ;~ .... '.-~ .;: -- = /,-.z:;=
~."~ J--~n:as- a positive ~responle to Ma~or
" ::' ': ~ r
/(=/~$~b ~1~ Justin Crux~ Miss cazr~ :~or~-jeff sider~ GEeg Simon, express~ the
~ co~Enss ;the~ ~he ~fa~llit~ ~should -~ .in-;the centza~ cores if a
was a~a~l~le~Jskate~ers '
%[
It was later suggested that Miss Leigh Campbell co-ordinate a committee from the
school to meet and work with city staff~ and Alderman Campell agreed to act as
liaison between the o~lttee and Council.
His WorshipMayor Smeaton declared a five minute recess at 8z00 p.m., to provide
an opportunity for persons in the gallery to leave the Council chambers.
Following
the recess, the members of COuncil reconvened for the balance of the Council
meeting.
Communication No. 35 - WedS,wood Homes -
His Worship Mayor Smeaton welcomed Shirley Fisher - Wedgewood Homes, 3640
Rapidsview Drive - who. addressed Council on the reuse and recycling of
construction waste.
COmmunication No. 36 - Klein Developments Limited, 6279 Huggins Street;
-AND-
Communication NO, 37 - Mr, T. CrAteIll, 4430 Ellis Street;
-AND-
Coeaunication No, 38 - Nancy A. Leniuk, Falls Place Co-Operative HOmes Inc., 6730
Kalar Road -
The communications express concern regarding changes in .~heI~ltyfs. Collection
Services. · -'
~rs. lngrid Balinski, Klein Developments L~mited, addressed Council regarding
the changes to the Clty'e garbage collection at apartment buildings, and posed
the following questJones
1) Why is the City of Niagara Falls making no distinction between single-
family and multi-residential dwellings with a policy that restricts pick-
up to no mere than 10 bags per address?
2) :~ Why is it that the City is now viewing multi-residential properties the
- same way they do c~rcLal properties? We understand the condOmlnium
... Owners have been granted · reprieve by ~he City, until June 30th, 1991,
I, ._ ~ before they will be faced with the same collection policy and wonder why
: ~:.~ ~- ~this same courtesy could not be extended to apartment. owners?
:' 3} Why did the City not have the propriety to call or write the landlords to
::~k.,4~nfore us of this new policy? Is the City not obligated in some way to
· Y ~-~ ;?.officially notify us at our maelimg.~ addresses. of significan~ changes .: in
, ;~ Ix)i/ties that affect o~' ~es~- ; -.
.]~}~'~ough the course o~ last w~k, ~ have d~wcover~ that garbage re~val
:. ~ -' vc~ld c~st ~n the ~~ of 24,200 ~ ~e~ ~nclud~ng ~ST,
' [;lilj'~ '-t~ 2-~d b~ns ~W~ue~W~ t~ t~ previous le~el~of service provided by
lnfomtion from coetmnities such as waterloo, Guelph and .oakvilla,
now preeentl~ .rebate their.'apaz,aeent owners a set amount per apartment
fO~ ~be ,~cam~,roAal r~e~oval of their garbage relative
- 4 -
6)
7)
If a service has been eliminated in Niagara Falls, then it is only fair
that an equitable compensation be made to the properties involved. We
request a rebate or a reduction in taxes from the City for this elimination
of service which we have always been provided through our taxes-
Also, we ask council to provide us with more time so that we can make
arrangements with commercial haulere in a manner that will get us the best
price, and in some cases allow us to purchase new garbage containers-
His Worship Mayor Smeaton stated that all questions would be addressed in
writing-
Mr. Julius Kleis, Klein Developments - stated that his company had not received
notification, hut had been informed by way of visitation to the building whereby
a notice had been posted on the door notifying tenants of the change in policy.
Roeanne Stranges - 7424 Scofield, indicated that the City will run into problems
when waste is left by tenants to fester on the curb.
Mrs. Martin - 6000 Barker Street, indicated that she was not notified of the
change in policy and questioned what should landlords do with garbage that is
not picked up by the City.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that
staff meet with Mrs. Balineki and bring report back to February 25th Municipal
Works Committee- Carried UnanimouslY-
His Worship Mayor Smeaton declared a five minute recess at 8:55 p.m., to provide
an opportunity for persons in the gallery to leave the council Chambers.
Following the recess, the members of council, with the exception of Alderman
Cummings, who left the meeting due to illness, reconvened for the balance of the
Council meeting.
UNFINISHED BUSINESS
/&R~S & CULTURE COMMISSION -
Communication No. 365 - Hvan E. Hughes, Chairperson, Niagara Falls Arts & culture
Commissiea - Re: Annual Report 1990. The communication attaches the Annual
Report for information of council.
- aND -
Communication No. 39 - Rex Report No. R-Pl-05 Recreation Commission Mandate -
The report recommends the following:
1) That Council consider the views of the Recreation Commission as indicated
in the background of this report,
2) That Council extend the term of the current Recreation Commission to ~pril
8, 1991 until a decision has been made regarding the Recreation Commission
mandate,
3) That Council prepare the appropriate by-law regarding the Recreation
Commission mandate, " ~ ' ' '
- 5 -
4)
That Council authorize the clerks' Department to advertise for 1991
Recreation Commission appointments following council,s approval of the
appropriate by-law.
- AND -
Communication NO. 40 - Letter from Barbara Morallate, Board Member, Arts and
Culture Commission - Re: Arts & Culture commission Status. The conununication
fayours independence for the Arts & Culture Commission with full commission
status.
Mr. Even Hughes, Chairperson, Arts and Culture Commission, stated that the Arts
and Culture group is requesting recognition of its rightful place within the
community, by having commission status. He responded to questions raised
regarding commission status vs. committee status, and funding.
It was moved by Alderman Cowan, seconded by Alderman Campbell, that Report R-
91-05 be received and adopted and further, to include that the new Arts and
Culture Committee be established as an independent body appointed not by Council
but by the Arts and Culture community. The motion was Defeated with the
following vote:
AYE: Aldermen Campbell, Cowan, Hinsperger, Janvary and Ward.
NAYS: Aldermen traitor, Hendershot, Hopkins. err, Puttick, Shetar.
Director of Parks and Recreation stated there would be staff involvement from
Parks and Recreation Department whether the Arts and Culture group will be a
commission or a committee. There would be a staff person at their committees
and the 1992 budget would reflect that.
Mr. Dick Harrington, Chairperson, Recreation Commission of Council, reported that
that the Recreation Commission is of the opinion that their mandate includes the
Arts and Culture group - that they are here to work together, that their goals
are similar.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar that
staff be directed to bring in a by-law to establish an Arts and Culture
Commission to next meeting. The motion Carried with the following vote:
AYE: Aldermen traitor, Hendershot, Hopkins, err, Puttick, Sherat,
Smeaton.
NAYE: Aldermen Campbell, cowan, Hinsperger, Janvary and Ward.
and Mayor
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that
Recommendations 2, 3 and 4 of Report R-91-05 be adopted which includes the
preparation of an appropriate By-law for the meeting Of March 4, 1991. The motion
Carried Unanimously.
COMMUNICATION & COMMENTS OF CITY CLERK
CommunicatAon No. 41 - Corporation of the City of Napcan - Re: Resolution for
the Recycling of Sell Canada Telephone Books. The communication requests the
support of a resolution to recycle Bell Canada telephone books.
Alderman Hinsperger declared a conflict of interest because member of his
family is employed by the company.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
resolution of the City of Napcan be referred to staff and to the Waste management
Co-Ordinator. The motion Carried, with the following vote:
AYE: Aldemen Campbell, Cowan, Hendershot, Hopkins, Janvary and Ward.
NAYE: Aldermen traitor# Orr~ Puttick, Sherat.
Communication No. 42 - Niagara Community Health Centre - Re: Bilingual Health
Centre. The communication requests support for the establishment of a bilingual
community health centre in the Niagara Region-
ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the
report be received and filed- The motion~wlth the following vote:
AYE: Aldermen Campbell, Craitor, Cowan, Hinsperger, Hendershot, Hopkins,
janvary, err, Sherat, and Ward.
MAYEr Alderman puttick.
· Kalar Road, Unit 37 -Re: 'Hearing
Communication No. 42A - Nancy A- LTj2~,tZ~Z0Counci1 amend the By-law on dog
Ear Dog'- The communication requ
licenses to waive the fee for Hearing Ear Dogs.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that staff
prepare an amending by-law to include -Hearing Ear Dog, as exempt from license
fee. The motion Cattle_ d with the following vote:
AXE: Aldermen Craitor, Cowan, Minsperger, Mendershot, Hopkins, Janvary, err,
puttick, Sherat, and Ward.
MAYEr Alderman Campbell.
COmmunication No. 43 - Regency Flames Oldtimers - Re: Bruce Gamble Hockey
Tournament, at Jack Bell and Stamford Arenas on March 8th, 9th, 10th, 1991. The
communication requests a Special Occasion permit for the event.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
request be approved subject to the approval of the Regional police Department,
the Niagara Falls Fire Department, the Regional Health Services Department and
the Liquor Licensing Board of Ontario- Carried UnanimouslY-
Communication No. 44 - Donna Greenall, program CO-ordinator - promotion committee
for Bicycle Helmet Safety Initiative - Re: proclamation. The communication
requests Council to proclaim the week of May 4th - 11th be declared "Helmet
Safety Week'.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger,
that the request be approved subject to established policy- Carried UnanimouslY-
Communication No. 45 - The Committee to Celebrate The Bicentennial of The polish
Constitution - Re: proclamation. The communication asks Council to proclaim May
3rd to May 5th, 1991 for canadians of Polish origin and their fellow Canadians
to join together to celebrate and pay tribute to the enactment of the historic
Polish Constitution on May 3rd, 1791.
ORDERED on the motion of Alderman Puttick, seconded by Aideman Ward, that the
request be approved subject to established policy. Carried UnanimouslY.
Communication No. 46 - The Canadian Hearing Society -
Rex Proclamation. The communication asks Council to proclaim May as ,Hearing
Awareness Month', and requests a declaration of one minute of silence throughout
the City for Wednesday, May 1, 1991.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the
requests be approved subject to established policy.
Carried Unanimously.
Communication No. 47 - Niagara Escarpment Commission - Re: Plan Review Document.
The communication invites the City of Niagara Falls to make. comments to the
Regiona~ Municipality of Niagara on the Document.
- ? -
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
report be referred to Staff. Carried Unanimously.
COmmunication No. 48 - Fermino Susin, President, Nisus Construction Limited
Re: Niagara River Parkway - Grandview Estates Subdivision
The communication expresses concerns regarding the work on the project.
-AND -
COmmunication No. 49 -PRW Excavating Contractors Ltd. Re: Niagara River
Parkway. The communication responds to Nisus Construction letter.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
the matter be referred to Municipal Works.
Carried Unanimously.
Communication No. 50 - Niagara Promotion Association - Re: 1991 Blossom Festival
Parade. The communication requests approval for the 32nd Niagara Falls Canada
Blossom Festival Parade to take place on May 4th, 1991 at 10:00 a.m.
Alderman Cummings, declared a conflict of interest because a member of his family
is employed by the association.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the re~uest be approved subject to established policy. The motion Carried with
Alderman Cummings abstaining from the vote on conflict of interest previously
recorded, and with all others voting in fayour.
COmmunication No. 51 - Ministry of the Environment - Re: Application for a
Certificate of Approval for a Waste Disposal Site (Processing} Finbow
Aggregates Recycling Incorporated, 3299 Thorold Townline Road, R.R. #1, Thorold.
The communication states that the application is currently under review.
ORDERED by Alderman Shetar, seconded by Alderman Cowan that the report-be
referred to Municipal Works Committee. Carried Unanimously.
Communication No. 52 - The COrporation of the City of Cambridge -Re: Review of
O.M.B. Staffing. The communication requests support of resolution regarding
Review of O.M.B. Staffing - To Speed Up Planning Process.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger,
that Council support the resolution. Carried Unanimously.
Communication No. 53 - (MANDOUT) - Amy Bignucolo, Niagara Falls Visitor &
Convention Bureau - Re: Tourism Master Plan. The Communication requests support
for developing a Tourism Master Plan for the City of Niagara Falls.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that
Council support the resolution. Carried Unanimously.
REPORTS
B-91-06 - Chief Administrative Officer - Re: Site Plan Approval,
Proposed Springdale Condominiums 6643 & 6719 Thorold Stone Road. The report
recommends that Council approve the site p~an on display at tonight'e meeting,
subject to the conditions in A)I through 7; B) and C).
Alderman Hopkins declared a confilc~
business interest.
of interest because his employer has a
- 8 -
ORDERED on the motion of Alderman Sherat, seconded by Alderman
Hinsperger, that the report be received and adopted- The motion carrie__ d with
Alderman Hopkins abstaining from the vote on a conflict of interest previously
recorded and with all others voting in fayour-
B-91-11 - Chief Administrative Officer Re: Buildings and Inspections
Department Report for January, 1991. The report recommends that the report be
received and filed-
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that
the report be received and adopted- Carried UnanimouslY-
B-91-12 - Chief Administrative Officer - Re: Site plan Approval, proposed 60
Unit Senior Citizen Apartment Building, 8055 McLeod Road. (AM-15-90, By-laws 90-
222 and 90-223, Site Plan Control 91-02). The report recommends that Council
approve the site plan(s) on display at tonight's meeting, subject to the
conditions in A) i through 8; B) and C).
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger,
that the report be received and adopted- Carried UnanimouslY.
B-91-13 - Chief Administrative Officer - Re: site plan Approval, proposed 22
Condo-Townhomes West Side Montrose Road, North of Thorold Stone Road. (AM-18/88,
By-law 88-184, By-law 88-185, A-92/90, Site Plan control 91-03}. The report
recommends that Council approve the site plan(s) on display at tonight's meeting,
subject to the conditions in A) I through 7; B) and C).
Alderman Hopkins declared a conflict of interest because his employer has
a business interest-
ORDERED on the motion Of Alderman Hinsperger, seconded by Alderman Cowan,
that the report be received and adopted. The motion Cattle__ d with Alderman
Hopkins abstaining from the vote on a conflict of interest previously recorded
and with all others voting in fayour.
B-91-15 - Chief Administrative Officer - Re: Office Space for infrastructure
needs. The report recommends that the information be considered by Council for
the purpose of directing staff with regard to taking appropriate action.
ORDERED on the motion of Alderman Orr, seconded by Alderman Ward that the
=Mews', located at 4400 Queen Street be awarded the contract- The motion Carrie~
with the following vote~
AYE~ Aldermen Campbell, Hinsperger, Rendershot, Mopkins, Janvary, Sheraft Orr,
and Ward.
NAYE~ Aldermen craitor, cowan, and puttick.
ORDERED on the motion Of Alderman Hendershot, seconded by Alderman Ward,
that the report be received and adopted. Carried Unanimously.
MW-91-47 - Chief Administrative Officer - Re: Municipal Works Committee Report:
Application of Certificate of Approval for Vertical Extension of Mountain Road
Landfill (MW-91-42). The report recommends the following:
1) That the Application for a Certificate of Approval for the Vertical Extension
of the Mountain Road Landfill, be endorsed;
2) That the Mountain Road Landfill Public Liaison committee be commended for
their thorough and active participation in formulating the Final Application.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the report be received and adopted. Carried Unanimously.
MW-91-48 - Chief Administrative Officer - Re: Horizontal Control Monumentation
Program. The report recommends that the By-law appearing on tonight's agenda
authorizing the execution of the Consulting Services Agreement with Matthews
cameron Ltd. in the amount of $56,000.00 for the installation of eighty (80}
horizontal control monuments be approved.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Hinsperger, Hopkins, Janvary, Orr, Sherar, and
Ward.
NAYE: Aldermen Craitor, Mendershot and Puttick.
See By-law No. 91-30
MW-91-49 - Chief Administrative Officer - Re: Quit Claim Deed River Road from
Bridge Street to Hiram Street. The report recommends that the by-law appearing
on tonight's agenda be passed, subject to the conditions of I), II) and Ill).
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Shetar,
that the report be received and adopted. Carried Unanimously.
See By-law No. 91-32
MW-91-51 - Chief Administrative Officer - Re: Municipal Works Committee Reports:
1) Tires at Landfill (MW-91-24); 2) Request for Services for Household Hazardous
Waste Days (MW-91-18). The report recommends the following:
MW-91-43 - Chief Administrative Officer - Re: Municipal Works
committee Report: Citizen Appointees to Niagara North Waste Management Master
Plan Study Public Liaison Committee. (MW-91-25). The report recommends that Mr.
John Anstruther and Mr. Antonio. Pingue be appointed to serve on the Niagara North
Waste Management Master Plan Study Public Liaison Committee.
ORDERED on the motion of Alderman Sherat, seconded by Alderman
Hendershot, that the report be received and adopted. carried Unanimoue~v.
1)
2)
That Council endorse an Application to the Ministry of the Environment for
approval for the shredding of tires at the Landfill;
That proposals be invited from Laidlaw Environmental Services Ltd. and
Woodington Systems Inc. for household hazardous waste service in 1991. The
proposals should respond to the requirements of two Saturday mornings, once
in the Spring and once in the Fall of 1991.
MW-91-4A - chief a~ministrative Officer - Rez Municipal Works Committee Reports the re~ort be received and adopted.
Aldermenic Representation for Infrastructure Needs Study (MW-91-09). The reports
recommends that alderman W.A. Hinsperger and Aldermen Norman puttick be appointed'
to serve on the City-Wide Infrastructure Needs Study S~eering Committee. }
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
Carried Unanimously.
10 -
MW-91-52 - Chief Administrative Officer - Re: Municipal Works Committee Reports:
(1} January-December 1990 construction Status Report (MW-91-01); (2) Updating
of Local Improvement Rates (MW-91-05). The report recommends the following:
1) That the construction status reports be received for the information of
Council.
2) That the updated rates for local improvement works as indicated in Report
MW-91-16, be adopted for 1991.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins,
that the report be received and adopted. Carried Unanimously.
MW-91-53 - Chief Administrative Officer - Re: Municipal Works Committee Reports:
1991 Construction Program (MW-91-23). The report recommends the following:
1) That this report be received for the information of Council;
2) That staff be authorized to invite the noted fourteen (14) Consultants to
submit requests for proposals for the design of:
a) The Dorchester Road Storm Sewer from Morrison Street to Freeman Street
(Contract 91-02};
b) The Reconstruction of McDougall Crescent, College crescent and Cookman
Street (Contract 91-107).
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Binsperger, that the report be received and adopted. Carried Unanimously.
MW-91-55 - Chief Administrative Officer - Re: Contract 91-100 Underground
Services & Road Reconstruction on Lewis Avenue from Centre Street to Kitchener
Street; and MeGrail Avenue from Centre Street to Walnut Street. The report
recommends that the unit prices submitted by the low tenderer, Master Paving &
Construction (Niagara Falls) Ltd. be accepted and that the contract be awarded
to this firm subject to:
1) By-law No. 91-27 appearing on tonight's council Agenda, be given a third
reading.
2) That $15,000 being pre-approved from our 1991 Operating Budget for the
installation of a watermain on McGrail Avenue.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan,
that the report be received and adopted. Carried Unanimously.
See By-law No. 91-27.
See Resolution No. 10.
MW-91-56 Chief Administrative Officer - Re: Contract 91-105 Underground
Services & Road Reconstruction on Portage Road from St. Paul Avenue to
approximately Swayze Drive and Dennis Lane. The report recommends that the unit
prices submitted by the low tendeter, Provincial Construction (Niagara Falls}
Limited be accepted and this contract be awarded.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman coWan,
that the report be received and adopted. i Carried Unanimously.
See BY-law No. 91-28.
See Resolution No. 11.
11 -
MW-91-59 - Chief Administrative Officer - Re: Sale of Two Commercial Packers.
(MW-91-41). The report recommends that Council authorize staff to sell two rear-
loading garbage packers to Sheehan's Truck Centre Inc. at a total cost of
$5,671.00.
Alderman Ward, declared a conflict of interest because he has a business
interest.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Sherar, that
the report be Tabled until completion of discussion relating to Waste Management
pick-up. The motion Carried with Alderman Ward abstaining from the vote on a
conflict of interest previously recorded; and with all others voting in favour.
F-91-09 - Finance Committee - Re: Committee Reports: 1) FC-91-07 Humane society;
2) Correspondence received from Mr. Lito Gaba re: Canine Control. The report
recommends that Council receive Items 1 and 2 for information purposes.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that
the report be received and filed. Carried Unanimously.
F-91-10 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,001,224.93 for the period ending
February 18, 1991 be approved by the passing of the by-law appearing later on
the agenda.
Additional information was provided on Cheque Nos. 65705; 65699; 65802 and
65886.
His Worship Mayor Smeaton advised that Cheque No. 65735 be withdrawn due to
the publication not being printed.
Alderman Mendershot, declared a conflict of interest on Cheque No. 65615 as
he is employed by the Board.
Alderman Hinsperger, declared a conflict of interest on cheque Nos. 65614,
65635, 65804, and 65812, because a member of his family is employed by the
company.
Alderman Sherat, declared a conflict of interest on Cheque No. 65808 because
he is employed by the company.
Alderman campbell, declared a conflict of interest on cheque No.- 65814
because he is payee, and Cheque No. 65616, because the organization is a client.
Alderman Cummings, declared a conflict of interest on Cheque No. 65735,
because a member of his family is employed there, and Cheque No. 65808 because
he is employed there.
Alderman Janvary, declared a conflict of interest on Cheque No. 65615 because
she is employed by the Board.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that
the report be received and adopted. The motion carried with Aldermen campbell,
cummings, Mendershot, Hinsperger, Janvary, and Sherat, abstaining from the vote
On conflicts of interest previously recorded, and with all others voting in
favour.
Following further discussion on Cheque No. 65886, it was moved by Alderman
Janvary, seconded by Alderman Orr, that staff prepare a report regarding offsite
negotiations. Carried Unanimo~alv.
See By-law No. 91-31
12
CD-91-13 - Chief Administrative Officer - Reduction and Refund of Taxes- The
report recommends that a refund of taxes amounting to $2,359.55 for 1988 and
reductions of $270.00, and $3,951.01 for the years 1988 and 1989 respectively
be made to 456941 Ontario Limited-
ORDERED on the motion of Alderman Hlnsperger# seconded by Alderman
Hendershot, that the report be received and adopted- Carried UnanimouslY.
S-91-05 - Chief Administrative Officer - Application for Exemption from part Lot
Control, Lot 5, plan 59M-190- The report recommends that Council pass the
law appearing on this evening's agenda to exempt certain lands from part lot
control-
ORDERED on the motion of Alderman Sherat, seconded by Alderman Hinsperger,
that the report be received and adopted- carried UnanimouslY.
See By-law No. 91-28
RESOLUTIONS
No. 08 - JANVARY - COWAN - RESOLVED that pursuant to the public Transportation
and Highway improvement Act, the Council of the Corporation of the City of
Niagara Falls hereby requests an allocation of subsidy Funds for the provision
of public transportation services for the year 1990, in the amount of $3,750.00
for Capital; and in the amount of $7,646.00 for Operation; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
No. 09 - JANVARY - COWAN - RESOLVED that pursuant to the public Transportation
and Highway Improvement Act, the Council of the Corporation of the City of
Niagara Falls hereby requests an allocation of subsidy funds for the year 1990,
for public transportation in the amount of $1,775.00 for the Transit Operating
Assistance programme; AND the Seal of the Corporation be hereto affixed-
Carried Unanimously
No. 10 - HINBPERGBR - COWAN - RESOLVED that the unit ~prices submitted by
Master paving & Construction (Niagara Falls) Ltd. for Contract #91-100 -
Underground Services and Road Reconstruction on Lewis Avenue from centre Street
to Kitchener Street and McGrail Avenue from Centre Street to Walnut street, at
the tendered amount Of $877,598.18 be accepted, subject to:
1) By-law No. 91-27 being given the third and final reading;
2) That $15,000.00 be pre-approved from the 1991 Operating Budget for the
installation of a watermain on McGrail Avenue. i'
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously ~
No. II - HINSPERGER - COWAN - RESOLVED that the unit prices submitted by
provincial Construction (Niagara Falls) Limited, for Contract #91-105 -
Underground Services and Road Reconstruction on portage Road from St. Paul Avenue
to approximately Swayze Drive, and On Dennis Lane be accepted at the low tendered
amount of $771,711.66 be accepted.
AND the Seal of the Corporation be hereto affixed.
Carried unanimousIv
- 13 -
BY-LAWS
ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the
following by-law be now read a third time:
No. 90-273 - A by-law to approve an application of the Niagara Falls Public
Library Board for the issue of debentures in the principal amount
Of $1,000,000.00.
The motion Carried with the following vote:
AYE: Aldermen Hendershot, Hinsperger, Hopkins, Janvary, Puttick,
Ward.
NAYE: Aldermen Campbell, cowan, Craitor, and Orr.
Sherat, and
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
NO. 91-24 -
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (stop Signs) (Covering Report MW-
91-33 approved February 4, 1991)
No. 91-25-
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. (Covering Report CD-
91--03, Jan. 7, 1991).
No. 91-26 - To designate certain land not to be subject to Part Lot Control.
! No. 91-27 -
A by-law to authorize the execution of an agreement with Master
Paving & Construction (Niagara Falls) Ltd. for underground services
and road reconstruction on Lewis Avenue and McGrail Avenue.
NO. 91-28 -
A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for underground services and
road reconstruction on Portage Road and Dennis Lane.
No. 91-29 - A by-law to temporarily close part of Portage Road from St. Paul
Avenue to approximately Swayze Drive and all of Dennis Lane.
No. 91-30 -
A by-law to authorize the execution of an agreement with Matthews
& Cameron Limited respecting the installation of a Second Order
Horizontal Control Monumentation Program.
No. 91-31 - A by-law to provide monies for general purposes.
No. 91-32 - A by-law to authorize the execution of a Quite Claim Deed.
No. 91-33 - A by-law to authorize the execution of an agreement with QEW - Mount
Properties Inc., and others.
No. 91-34 - A by-law to amend By-law No. 79-200, as amended. (Parts of Township
Lots 34 & 46).
No. 91-35 - A by-law to amend By-law NO. 79-200, as amended. (parts of Township
Lots 27 & 34).
The motion ~arried with Aldermen traitor, and Hendershot voting contrary on By-
law No. 91-30; and with all others voting in fayour.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the
following by-laws be now read a %econd and third timel
No. 9*i~.~%,-*-.ae'b~&w to a~end By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (Stop Signs) (Covering Report MW-
91-33 approved February 4, 1991)
i
No- 91-25 -
No. 91-26 -
Nee 91-27 -
No. 91-28-
No. 91-29 -
No. 91-30 -
No. 91-31 -
No. 91-32 -
He. 91-33 -
Me. 91-3~ '
14
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- (Covering Report CD-
91--03, Jan- 7, 1991)-
A by-law to designate certain land not to be subject to part Lot
Control.
A by-law to authorize the execution of an agreement with Master
paving & Construction (Niagara Falls) Ltd. for underground services
and road reconstruction on Lewis Avenue and McGrail Avenue.
A by-law to authorize the execution of an agreement with provincial
Construction (Niagara Falls) Limited for underground services and
road reconstruction on portage Road and Dennis Lane.
A by-law to temporarily close part of portage Road from St- paul
Avenue to approximately Swayze Drive and all of Dennis Lane.
A by-law to authorize the execution of an agreement with Matthews
& Cameron Limited respecting the installation of a Second Order
Morizontal Control Monumentation program-
A by-law to provide monies for general purposes-
A by-law to authorize the execution of a Quite Claim Deed-
A by-law to authorize the execution of an agreement with QEW - Mount
properties Inc-, and others.
A by-law to amend By-law No. 79-200, as amended- (Parts of Township
Lots 34 & 46).
No. 91-35 - A by-law to amend By-law No. 79-200, as amended. (parts of Township
Lots 27 & 34).
The motion Cattle____ d with Aldermen Craitor, and Menderehot voting contrary on By-
law No. 91-30; and with all others voting in fayour-
NEW BUSINESS
C.E.T.A. Applicatlon
Alderman Cowan gave a verbal update on the C.E.T-A. application and advised that
a decision should be forthcoming at the end of March, 1991.
~raffic Conference
Alderman Campbell referred to the ontario Traffic Magazine, which highlights the
1991 Traffic Conference.
*****
It was moved by Alderman puttick, seconded by Alderman err, that the meeting
adjourn. Carried UnanimouslY.
READ AND ADOPTED,
EIGHTH MEETING
Committee Room #1
March 4, 1991
Council met on Monday, March 4th, 1991, at 7:00 p.m., in Committee of the
Whole. All members of Council, with the exception of Alderman Campbell, who was
away on business, and Adlerman Puttick, who was away on vacation, were present.
Alderman Sherat presided as Chairman.
Following consideration of the items presented, the Con~mittee of the Whole
arose without reporting.
READ AND ADOPTED,
REGULAR MEETING
council Chambers
March 4, 1991
Council met on Monday, March 4, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of Council, with the exception of
Alderman campbell, who was away on business, and Adlerman Puttick, who was away
on vacation, were present. His Worship Mayor Smeaton presided as Chairman.
Alderman Hopkins offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger,
that the minutes of the Regular meeting held February 18th, 1991, be adopted as
printed. Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Nendershot, declared a conflict of interest on Communication #7 Niagara
South Board of Education, and Report No. F91-11, cheque No. 65933, because he
is employed by the Board.
Alderman cummings, declared a conflict of interest on Report No. F91-11, Cheque
No. 65958, because he is employed by the company.
Alderman Hinsperger, declared a conflict of interest on Report No. F91-11, Cheque
Nee. 66123, 66140, 65954, because a member of his family is employed by the
company, and Report Nos. MW91-69, and By-law No. 91-45, because a family member
is employed by the company, and Report No. R91-04, because he is a member of the
executive.
- 2 -
Alderman Sherat, declared a conflict of interest on Report No. F91-11, Cheque
No. 65959, because he is employed by the company-
Alderman Janvary, declared a conflict of interest on Report No. F91-11, Cheque
No. 65933, because she works for the Hoard.
Alderman Ward, declared a conflict of interest on Report No. Fgl-ll, cheque Nos-
66823, 66157, because a member of his family is employed by the companY, and
Report No. CD-91-17, because he is a member of club which holds a bingo license-
Alderman Craitor, declared a conflict of interest on Report No. R91-04, because
he is on the Board of Directors-
Alderman Hopkins, declared a conflict of interest on Report NO. CD91-17, because
he is a member of club which holds a bingo license-
Alderman campbell, provided information to the effect that he felt it necessary
to declare a conflict of interest on Report No. F91-11, Item No. 3 and on Cheque
No~ 662501, because he is employed by the organization-
WELCOME
His Worship Mayor Smeaton welcomed the members of the 27th Niagara Scout Troop,
who were present as observers, along with their Troop Leaders, Michael Gettler,
Peter Stone and Loretta Askeland.
DEPUTATIONS
His Worship Mayor Smeaton introduced Mrs. Anna Carfield, president of the
Downtown Business Association, who expressed concern regarding the downtown
parking strategy and submitted a 1991 budget as approved by the Board of
Directors of the Downtown Business community- Mrs- Carfield requested that
council defer having metered lots for the next one to two years, in order that
the revitalization of the downtown area can be accomplished-
His Worship Mayor Smeaton thanked Mrs. Carfield for her presentation.
Repor~Na. MW-91-78 - chief Administrative officer - Municipal Parking Committee
Report - Downtown parking Strategy. The report recommends the followingz
1) That the Downtown parking Strategy (Report No. MW91-45) be delayed until
there is an upswing in the Economy;
2) That staff investigate the problems related to garbage in the Downtown~{
Business Area.
ORDERED on the motion of Alderman cummings, seconded by Alderman err, that the
report be received and adopted- carried UnanimouslY.
Mr. Dick Ragera, Down%own BOard of Management, addressed Council on behalf 9f
the Downtown business community and provided photographs to substantiate their
concerns regarding waste pick-up and the problems it would create. Some of the
concerns brought forth were due to a weekly pick-up, that large volumes of
garbage would be piling up, there were no facilities available to store a week's
worth of garbage, it would also be an invitation to rodents and other pests.
.:.Mr. Ragere stated the% a proper and massive recycling program is required.
- 3 -
His Worship Mayor Smeaton thanked Mr. Ragera for his presentation.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
Mr. Dick Rogers sit on the Waste Management Sub-Committee. The motion Carried
with the following vote:
AYE: Aldermen eraStar, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, Orr,
Sherat, and Ward.
NAYE: Alderman Cowan.
UNFINISHED BUSINESS
Correspondence from Dr. France Gaze, Chairman, Niagara Community Health
Centre. The communication attaches a proposal to establish a bilingual Community
Health Centre in the Niagara Region.
Alderman Craitor referred to correspondence he had received from Dr. Peter
F. Gleeson, President, Niagara South Medical Society, which expressed the views
Of the Society's membership.
French Language medical services have been provided to the French speaking
community in Welland by a small non-advertised clinic, that has 3 French language
physicians, who are bilingual, as well as bilingual nursing and administrative
staff. With the approval of the Province of Ontario, the Niagara District Health
Council studied the French Language health and related social services and
generated a paper, published on November 15, 1989, which outlined the needs of
the French language community.
The physicians practicing in the Niagara area feel that the establishment
of a French language health centre would duplicate medical services that
currently exist in French language medical services.
The Niagara District Health Council, in co-operation with the physicians
in the Niagara Region, have established urgent medical priorities for funding
in this region, and the main priorities are not for a French Language Community
Health centre, but to include a CT Scanner, a need to improve the Emergency Room
services at the Welland County Oeneral Hospital, in addition to neenatal
intensive care services, and chronic care services.
It was moved by Alderman cummings, seconded by Alderman Sherar that the
request not be supported.
Following further discussion, it was moved by Alderman Ward, and seconded
by Alderman Mendershot that the motion be amended to include that a letter be
sent through Clerk's Department to Dr. France Gaze, and the Minister of Health,
with a copy to the M.P.P., expressing Council's opposition to the expenditure
of funds for a French Language Services facility in the area, when it is apparent
through correspondence from medical professionals that the funds could be better
utilized in other ways. Further, that Council is not opposed to the facility on
the basis of language or culture, but simply on the principal of the funds that
would be necessary to construct and operate such a facility. The motion to amend
whieh ~ook precedence, Carried Unanimously.
MW-91-71 - Municipal Works Committee Report~ Re: solid Waste collection - Large
Volume Collection. The report' recommends the following:
(1)
That any property presently serviced by Municipal collection be eligible
to have this service continued until June 30, 1991;
(2)
That Council investigate a system which would credit taxes for collection
and disposal of solid wastes to properties which pay privately for those
services. The credit would be retroactive to the date Municipal service
ceased, but would not apply before January 1, 1991;
(3)
That apartment owners be offered a seat or seats on the Waste Management
Sub Committee;
(4)
That the Landlord Tenant Act be reviewed to determine whether garbage costs
can be passed to tenants and if not, that Council petition the Provincial
Government for appropriate amendment;
(s)
That Report MW-91-59, recommending the sale of two garbage packers, be
further tabled until completion of discussions relating to Waste Management
Collection. Services are completed.
Alderman Hopkins declared a conflict of interest because his employer is
involved.
ORDERED on the motion of Alderman Ward, seconded by Alderman Shetar, that the
report be received and adopted and further that staff be directed to publish a
Notice of Public Meeting for the Waste Management Sub-committee. The motion
Carried with Alderman Hopkins abstaining from the vote on a conflict of interest
previously recorded and with the following vote:
AYE: Aldermen Cowan, Craitor, Hendershot, Minsperger, Janvary, Orr, Sherat, and
Ward.
NAYE: Alderman Cummings.
Representatives of several trucking firms (haulere) were present regarding solid
waste collection at Apartment buildings.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons in support or in opposition to the matter of solid waste
collection.
Recreation Commission and Arts and culture Commission Report No. R91-06 - (By-
laws). The report recommends that the by-law appearing on this evening,s agenda
authorizing the continuation of Community Recreation Programs by the Recreation
commission and the by-law to establish an Arts & culture commission be approved.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar that
the report be received and adopted. The motion carried with the following vote:
AYE: Aldermen Cowan, Craitor,- Bendershot, Hinsperger, Hopkins, Janvary, Orr,
Sherat, and Ward.
NAYE: Aideman Cummings.
see By-law No. 91-4Q.
and By-law NO. 91-41.
COMMUNICATIONS
Communication No. 54 - Niagara Falls cataracts Oldtimers Hockey Club, 3527 Strang
Drive - Rex Hockey Tournament. The communication requests a Special Occasion
Permit at Niagara South Arena On March 21st, 22nd, 23rd, 24th, 1991.
ORDERED on the motion of Aideman Ward, seconded by Alderman Hopkins, that the
request be approved subject to the approval of the Regional Police Department,
the Niagara Falls Fire Department, the Regional Health Services Department, and
the Liquor Licensing Board of Ontario. carried Unanimously.
Communication No 55 - Niagara South NO Hit Hockey League, 5860 Coholan Street -
Re: 17th Annual Playoffs - The communication requests a Special occasion
Permit at Niagara South Recreational Complex on March 26th, 27th, 28th and 30th,
1991.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
request be approved subject to the approval of the Regional Police Department,
the Niagara Falls Fire Department, the Regional Health Services Department, and
the Liquor Licensing Board of Ontario. Carried Unanimouslj~.
Communication No. 56 - Church of Scientology, "canada Say No to Drugs Campaign" -
Re: Proclamation - requesting Council to proclaim March 13th, 1991 as "Say No
To Drugs, Say Yes to Life Day".
Note: Not requesting a published proclamation.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins that the
request be received and filed. Carried Unanimously.
Communication No. 57 - The Federation of Canadian Municipalities National Action
Committee - Re: Proclamation - requesting Council to proclaim March 2let, 1991
as International Day for the Elimination of Racial Discrimination.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 58 - Niagara District, ontario Physictherapy Association - Re:
Proclamation - requesting Council to proclaim the week of March 17th through
March 23rd, 1991 as "National Physictherapy Week.#
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 59 - Ontario Ministry of Housing - Re: Building Action Program
- The communication confirms the initial grant payment to the City of Niagara
Falls under the Building Administration Fund (BAF).
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
communication be received and filed. Carried Unanimously.
Communication No. 60 - Niagara South Board of Education - Re: 1991 Budget. The
communication informs that the completion of the Eoard's budget will be delayed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
REPORTS
S-91-08 - Chief Administrative Officer - Re: Structural Analysis Stamford Arena
Roof. The report recommends that Council approve the quotation from W.P. London
and Associates in the amount of $25,000 for the purpose of conducting a detailed
structural analysis of the Stamford Arena timer roof truss system.
Alderman Cummings declared a conflict of interest because his employer has a bid
on the project.
ORDERED on the motion Of Alderman Hopkins, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion Carried with Alderman Cummings
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
- 6 -
B-91-09 - Municipal Parking Committee - Re: Agreement with Canadian Corps of
Commissionaires (Hamilton) - Parking Enforcement. The report recommends that
the Canadian Corps of Commissionaires (Hamilton) be engaged for the period of
April 1, 1991 to March 31, 1992 for parking enforcement purposes and that Council
approve the By-law on tonight's agenda.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the
report be tabled and referred to Finance Committee for further discussion. The
motion Carried with the following vote:
AYE:
NAYE:
Aldermen Cowan, traitor, Cummings, Hendershot, Janvary, Orr, Sherat, and
Ward.
Aldermen Mopkins and Hinsperger.
B-Pl-lO - Chief Administrative Officer - Re: Agreement with Canadian Corps of
Commissionaires - Security Services, City Hall.
The report recommends that Council approve the by-law on tonight's agenda
authorizing an increase in payment to the Canadian Corps of Commissionaires for
the provision of City Hall Security services for the period commencing April 1,
1991 through March 31, 1992.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the
report be tabled and referred to Finance Committee for further discussion. The
motion Carried with the following vote:
AYE:
NAYE:
Aldermen Cowan, Craitor, Cummings, Hendershot, Janvary, Orr, Sherat, and
Ward.
Aldermen Hopkins and Hinsperger.
B-91-16 - Chief Administrative Officer - Re: 1990 Permit Statistics Report,
Buildings and Inspections. The report recommends that this report be received
for the information of Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat that the
report be received and filed· Carried Unanimously.
MW-91-67 - Chief Administrative Officer Re: By-law to Authorize the
Reconstruction on: 1) Duke Avenue from Morrison St. to Arthur Street, 2) Arthur
St., from Portage Rd. to Approx. 115m east of Duke Avenue, 3) Morden Dr., from
Portage Rd. to Duke Avenue. The report recommends the following:
1) 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 work;
2} That subject to there being no valid objections that the By-law appearing
on tonight's agenda be given three readings and be passed by council.
His Worship Mayor Smeaton received s negative response to his request for
comments from persons in support or in opposition to the proposed by-law.
ORDERED on the motion of Alderman Sherat, seconded by Alderman cowan, that the
report be received and adopted. Carried Unanimously.
See BY-law 91-37.
MW-91-69 - Chief Administrative Officer - Re: Permanent Easement Required by
Bell Canada for Talecommunication Facilities. The report recommends that Council
approve the By-law appearing on tonight's Agenda, authorizing the City to
transfer a permanent easement to Bell Canada.
Alderman Hlnsperger, declared a conflict of interest because a family member is
employed by the company.
- 7 -
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hopkins that the
report be received and adopted. The motion Carried with Alderman Hinsperger
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
See By-law No. 91-45.
MW-91-70 - Chief Administrative Officer - Re: Municipal Works Report: (1)
Proposed opening of Gallinger Street (MW-91-63); (2) Grand-View River Estates -
File 90-245; (MW-91-61}; (3) Procedure with Respect to Concrete Rubble and
Asphalt Recycling for City Contracts - File G-170-1 (MW-91-64). The report
recommends the following:
(1) The Proposed Opening of Gallinger Street -
That City Staff carry out the site survey and preliminary design to
determine the feasibility of constructing Gallinger Street as a
public road allowance;
That a Public Notice be sent out to the establishments on Kent Avenue
and Montrose Road in order to receive their input on this proposal;
That a Public Meeting be held to receive public input on the proposed
opening of Gallinger Street;
4. That Staff report back to Council on their findings.
(2) Grandview River Estates -
1. That this report be received and filed for information;
That Staff provide the Municipal Works Committee with compaction test
results done at this location.
(3) Procedure with respect to Concrete Rubble and Asphalt Recycling for City
Contracts -
That the City support the recycling of concrete and asphalt rubble
through the use of M.O.E. approved Commercial Sites;
That City contracts specify that concrete rubble be disposed of at
approved Commercial Sites for the purpose of recycling the material;
That Recycled concrete and asphalt material be accepted for re-use
on City contracts;'
4. That the city accept the low bid proposal, submitted by Niagara
Recycling Industries, to remove the concrete and asphalt rubble at
the City's Church's Lane Stockpile Site at no cost to the City;
That City Staff continue to investigate more cost-effective methods
of recycling asphalt and concrete materials from City contracts.
That the Ministry of the Environment be advised that the city is of
the opinion that there should be a Hearing in relation to the
Application from Finbbow Aggregates Recycling Inc. for a certificate
of Approval for a Waste Disposal site (Processing).
Following a discussion, it was generally agreed that the recommendations be
considered separately.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that
Recommendation No. I be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that
Recommendation No. 3 be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
Recommendation No. 2 be received and adopted.
After further discussion, it was moved by Alderman Ward, seconded by Alderman
Hinsperger, that the report be tabled and referred to Municipal Works Committee
for further details on compaction.
The motion to table, which took precedence, ~arried with the following vote:
AYE: Aldermen Cowan, Craitor, Cummings, Hopkins, Hinsperger, Janvary, Orr,
Sherat, and Ward.
NAYE: Alderman Hendershot.
MW-9~-72 - Chief Administrative Officer - Re: Municipal Works Reports: (1)
Quotations for Home Compostere (MW-91-29); (2) Household Hazardous Waste Days
(MW-91-62); (3) 1990 Transportation Safety Association Awards (MW-91-46). The
report recommends the following:
1. MW-91-29 - Quotations for Home Compostere
(1)
That quotations be solicited from manufacturers of home compostere
so that the City of Niagara Falls can continue the promotion of home
composting as a means of waste reduction;
(2)
That the cost of the compostere be covered solely by direct payment
by the purchasers and by the Reduction and Re-use Program Grant
provided by the Ministry of the Environment.
2. MW-91-62 - Contract for Household Hazardous Waste Days
(i)
That the appropriate contract be prepared to provide that Laidlaw
Environmental Services conduct two Household Hazardous Waste Days
for the City;
(2)
(3)
That the pickup service not be provided for in 1991;
That staff investigate the negotiation of administration cost,
advertising cost and use of Fire Department personnel for the
administration of the Program, with a further report on this matter
to be prepared by staff to be discussed at a future Municipal Works
Committee Meeting.
3. MW-91-46 - 1990 Transportation Safety Association Awards
(1)
That drivers who have completed ten or more years of aCcident-free
driving, be authorized to attend the Transportation Safety
Association Banquet to be held on Saturday, March 23, 1991 at a cost
of $16.00 (including G.S.T.) per ticket;
(2)
Awards be presented to eligible drivers at the Municipal Service
Centre by His Worship the Mayor, between the hours of 3:00 p.m., and
4:00 p.m. on a date suitable to the Mayor.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Binsperger,
that the report received end adopted. The motion Carried with Aldermen Cummings
voting contrary to Recommendation No. 2.
MW-91-73 - Chief A~ministrative Officer - Rez 1991 Capital Budget Project Road
Reconstruction Including Storm Sewer and Streetscaplng on Oneida Lane. The
report recommends the followlngz
(1)
That $225,000 be pre-approved from our 1991 Capital Budget for cost sharing
the Oneida Lane project.
(2) That the by-law appearing on tonight's agenda be passed by council.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously.
See By-law NO. 91-59.
MW-91-74 - Chief Administrative Officer - Re: Municipal Works Committee Report:
Update on City-MOE Sanitary Sewer Overflow Abatement Strategy (MW-91-50). The
report recommends the following:
(1) That this report be received for the information of Council.
(2)
That the Developers of the Shriners Creek Co-operative Housing Project,
Belleview Estates Subdivision and Mount Carmel III Subdivision prepare the
Sewer Monitoring Report for the Kalar Road Pumping Station Sewage System.
Miss Jean Orandoni wished to be put on record that she was opposed to the
project.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
MW-91-75 - Chief Administrative Officer - Re: Municipal Works Committee Reports:
(1} Yield Controls at Various Intersections (MW-91-11); (2) Burdette Drive,
LaMarsh Street Proposed Parking Restriction. The report recommends the
following:
1. MW-91-11 - Yield Control at Various Intersections.
1) That the yield control locations outlined in the documentation
attached to Report MW-91-11, be approved;
2)
That the By-law amending By-law 89-2000 (being a by-law to regulate
parking and traffic on city roads) appearing later on tonight's
agenda, be approved.
2. MW-91-60 - Burdette Drive, LaMarsh Street - Proposed Parking Restrictions.
1)
That the parking is restricted on the south side of Burdette Drive
from 40m east of LaMarsh street to 50 m west of LaMafeb Street at
all times;
2)
That parking is restricted on the north side of Burdette Drive from
Carolyn Avenue to Pc.tit Avenue between the hours of 9:00 a.m. to
6:00 p.m.;
3)
That parking is restricted on both sides of LaMafeb Street between
Morrison Street and Burdette Drive at all times;
4).
That staff investigate solutions to relieve the congestion and to
make it safer to egress and ingress at this location;
6)
That the By-law Mending By-law 89-2000 (being a by-law to regulate
parking and traffic on City roads) appearing on tonight's agenda,
be epproved.
ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report
be received and adopted. Carried Unanimously.
See By-law 91-55.
- 10 -
- 11
MW-91-76 - Chief Administrative Officer - Re: contract #91-06 - Tender for Supply
of Materials and Services for Pavement Markings. The report recommends that the
unit prices submitted by the low tendeter, Provincial Maintenance be awarded
subject to:
1)
By-law No. 91-56 appearing on tonight's council Agenda, be given a third
reading.
2)
That pre-budget approval for the amount of $44,837.28 to carry out the 1991
pavement marking program be approved;
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that
the report be received and adopted. Carried UnanimousIv.
See BY-law No. 91-56
MW-~1-77 - Chief Administrative Officer - Re: Transfer to Regional Niagara Lands
Acquired for Road Widenings, on: (1) Niagara Road 51 (Lundy's Lane}; (2} Niagara
Road 108 (Portage Road). The report recommends that the By-law appearing on
tonight's agenda, transferring ownership of these road widenings from the City
of Niagara Falls to the Regional Municipality of Niagara, be approved.
ORDERED on the motion of Alderman cummings, seconded by Alderman
Hinsperger, that the report be received and filed. Carried Unanimousiv.
See By-law No. 91-38.
F-91-12 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,417,338.99 for the period ending March
4, 1991 be approved by the passing of the by-law appearing later on the agenda.
Alderman Campbell declared a conflict of interest on Cheque No. 662501, because
he is employed by the organization.
Additional information was provided on Cheque Nos. 66002, 66016, 66058, 66063,
66065, 66181, 66211.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. The motion carried with Aldermen Cummings,
Hendershot, Hinsperger, Shetar, Janvary, and Ward abstaining from the vote on
conflicts Of interest previously recorded; and with all others voting in fayour.
See By-law NO. 91-61.
R-91-O1 - Chief Administrative Officer Re: Kin Park Lease. The report
recommends that the by-law appearing on this evening's agenda authorizing a lease
agreement between the Kinsmen Club of Niagara Falls and the City of Niagara Falls
to operate the new Kin Park be approved.
ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-43.
MW-91-79 - Chief Administrative Officer - Re: Amendment to Garbage By-law to
Authorize Charging of Tipping Fees. The report recommends that By-law 6867, 1965
be amended to authorize Commercial vehicles to dispose of wastes at the Landfill
and to authorize the charging of Tipping Fees.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that
the report be received and adopted, and further to ensure that the landfill
system is policed properly. The motion carried with the following vote:
AYE: Aldermen Cowan, Cummings, Hendershot, Hopkins, Hinsperger, Janvary, Orr,
Sherat, and Ward.
NAYE: Alderman Craitor.
See By-Law No. 91-48.
F-91-11 - Finance COmmittee - Re: Committee Reports - The report recommends the
following:
1)
2)
3)
4)
F-91-09, Insurance Report -
It is recommended that the report be approved;
Niagara Falls Review Request for Advertisement -
It is recommended that the request be approved/
Niagara Falls Y.M.C.A. Advance of 1991 Budget Funding -
It is recommended that the advance be approved;
Niagara South Board of Education Correspondence -
It is recommended that the report be received and filed for information
of council.
Alderman campbell provided information to the effect that he felt it necessary
to declare a conflict of interest on Item No. 3, because he is employed by the
organization.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
R-91-04 - Chief Administrative Officer - Re: concession Agreement with Niagara
Falls Minor Hockey Association at the Stamford Memorial Arena. The report
recommends that the by-law appearing on this evening's agenda authorizing the
renewal of the agreement between the Niagara Falls Minor Hockey Association and
the City of Niagara Falls for the operation of the concession at the Stamford
Memorial Arena be approved.
Alderman craitor declared a conflict of interest, because he is on the Board of
Directors, and Alderman Hinsperger declared a conflict of interest because he
is a member of the executive.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat that the
report be received and adopted. The motion carried with Aldermen Craitor and
Hinsperger abstaining from the vote on conflicts of interest previously recorded,
and with all others voting in favour.
See By-law No. 91-44
PD-91-23 - chief Administrative Officer - Re: Committee of AdjustmentApplication
A-10/91, 471791 Ontario Limited, 5633 Victoria Avenue. The report recommends
that Council authorize staff to appeal the decision of the Committee of
Adjustment regarding application A-10/91 which has increased the maximum building
height from 12m ~40') to 18.2m f60'] to permit an addition to an existing tourist
commercial structure which is to be converted and used as a 5 storey hotel.
ORDERED on the motion of Alderman Ward, and seconded by Alderman Hlnsperger, that
the report be received and adopted. Carried UnanimouslZ.
PD-91-27 - Chief Administrative Officer - Rez Part Lot Control Blocks 32, 33,
34, 38, 36, 37, 38 and 39, Drummond Park Village, Extension NO. 5, Plan M-188.
The report recommends that Council pass the amending By-law to also include Block
32 to 39 of Registered Plan M-188 to be exempt from Part Lot Control.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary# that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-39.
- 12 -
His Worship Mayor Smeaton requested that Council approve his attendance at the
International Great Lakes St. Lawrence Mayors' Conference, to be held in
Northwest Indiana from May 14th - 17th, 1991, and at the Federation of Canadian
Municipalities Conference, to be held in St. John's, Newfoundland from June 7th -
10th, 1991.
ORDERED on the motion of Alderman Cummings, and seconded by Alderman Cowan that
the requests be approved in principle subject to report with estimated costs
being submitted at next Council meeting. Carried Unanimously.
CD-91-14 - Chief Administrative Officer - Re: Proposed Plan of Subdivision Beaver
Valley - Regional File No. 26T-90022 - Owner -Beaver Valley Ltd. (R.G. Maves,
President). The report recommends that the city Clerk be authorized to process
the Application for the 'Beaver Valley Subdivision' and that a Report be prepared
for council's further consideration of this Plan based on technical information
received, public input.
- AND -
Letter from Mr. Brian Sinclair, Solicitor on Ascot Woods Ltd.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the report received and adopted. Carried Unanimously.
CD-91-16 - Chief Administrative Officer - Re: Interim Control by-law 90-329.
The report recommends that Council reaffirm its approval of By-law 90-329 in
order that the Clerk may notify the Ontario Municipal Board at the same time as
he forwards the By-law and letters of objection to the Board with the request
for a hearing.
ORDERED on the motion of Alderman Hopkins, and seconded by Alderman Cowan, that
the report be received and filed. Carried Unanimously.
CD-91-17 - chief Administrative Officer - Re: Stamford Collegiate Booster club.
The report recommends that the bingo licehoe of the Stamford collegiate Booster
Club be suspended for a period of three (3) months, in accordance with municipal
policy.
Aldermen Cummings, and craitor, declared conflicts of interest because they are
members of the association, and Aldermen Hopkins, and Ward, declared conflicts
of interest because they are members of club which holds bingo licenoe.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
report be reseived and adopted. The motion Carried, with Aldermen Cummings,
Craitor, Hopkins, and Ward abstaining from the vote on conflicts of interest
previously recorded and with all others voting in layout.
CD-91-18 - Chief Administrative Officer - Re: Yearly Lottery Totals. The report
recommends that the sontents of this report be received and filed for information
purposes.
Alderman cummings declared a conflict of interest because he is a member of the
association.
ORDEPaD on the motion of Alderman Hendershot, seconded by Alderman cowan that
the report be received and filed. The motion Carried with Alderman Cummings
abstaining from the vote on a conflict of interest previously.recorded and with
all others voting in favour.
- 13 -
Alderman Orr left meeting.
CD-91-19 - Chief Administrative Officer - Re: Schedule of Fees for Services.
The report recommends the following:
1)
That City Council approve the By-laws on tonight's agenda for the increase
in fees for those services supplied by the Finance Department in respect
to the issuance of Tax Certificates, the Building Department for building
permit fees, moving of buildings, pools, plumbing, etc., the Parks
Department for ice rental rates, meeting rooms, garden plots, etc., the
Planning Department for maps, documents and studies and all other
Departments as submitted and appended to this Report.
2)
That Council authorize Staff to proceed with the production of a revised
"Schedule of fees Booklet" for publication and release to the general
public as required by the Freedom of Information and Protection of Personal
Privacy Act.
3)
That Staff be directed to examine a consolidation of the Schedule of Fees
under one by-law rather than separate By-laws for individual fees and have
the up-dated "Schedule of Fees Booklet" become a Schedule to a future
Consolidated By-law.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Hendershot, that
the report be received and adopted. carried Unanimously.
See By-law No. 91-47
See By-law NO. 91-49
See By-law No. 91-50
See By-law No. 91-51
See By-law No. 91-52
See By-law No. 91-53
See By-law NO. 91-55
See By-law NO. 91-57
See By-law No. 91-58
S-91-04 - Chief Administrative Officer - Re: Stopping up, Closing and Sale of
the Road Allowance between Lot 139 in the former Township of Niagara and Gore
Lot 9 in the former Township of Stamford, now in the city of Niagara Falls being
designated as parts i & 2 on Reference Plan 59R-7392. The report recommends that
council Pass the by-law appearing on this evening's agenda to authorize the
stopping up and closing and sale of part of the original road allowance between
Lot 139 in the former Township of Niagara and Gore Lot 9 in the former Township
of stamford, now in the city of Niagara Falls being designated as parts i and
2 on Reference Plan 59R-7392 after hearing any person who claims that his land
will be prejudicially affected by the by-law, and who applies to be heard.
ORDERED on the motion of Alderman Ward, and seconded by Alderman Sherat, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91- 36.
RESOLUTION
No. 09 - WARD - HXNSPERGBR - RESOLVED that the Program of Proposed Supplementary
Expenditures for Highway Improvements for the year 1991, dated March 4, 1991,
be adopted am presented in the total estimated amount of $147,660.00 with an
estimated subsidy of $73,830,00~
AND the Seal of the Corporation be hereto affixed.
Ca e i o .
- 14 -
No. 10 - WARD - HINSPERGER - RESOLVED that pursuant to the Public Transportation
and Highway Improvement Act, the Council of the Corporation of the City of
Niagara Falls, hereby requests an allocation of Provincial subsidy funds for the
year 1991, for public transportation in the amount of $74,248.44 for the Transit
Operating Assistance Programme;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 11 - WARD - HINSPERGER - RESOLVED that pursuant to the Public Transportation
and Nighway Improvement Act, the Council of the Corporation of the City of
Niagara Falls, hereby requests an allocation for Subsidy Funds for the provisions
of public transportation services for the year 1991, in the amount of $441,575.00
for capital assistance programme; and in the amount of $773,229.00 for transit
operating assistance programme;
AND the Seal of the corporation be hereto affixed.
Carried Unanimously.
No. 12 - WARD - NINSPERGER - RESOLVED that a message of condolence be
forwarded to the family of the late George Thomas Pirie, a respected resident
of the City, and father of David G. Pirie, Superintendent of Sanitation & Sewers.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
leave be granted to introduce the following by-laws, and the by-laws be read a
first times
No. 91-36
A by-law to stop up and close part of the road allowance lying
north of 0ore Lot 9 for the former Township of Stamford
Township.
NO. 91-37
A by-law to authorize road reconstruction of Arthur Street from
Portage Road to 115 meters east of Duke Avenue, Duke Avenue
from Arthur Street to Morrison Street and Motden Drive from
Portage Road to Duke Avenue.
No. 91-38
A by-law to authorize the execution of a conveyance of lands
for road widenings and daylighting triangles in fayour Of The
Regional Municipality of Niagara.
No. 91-39
A by-law to designate certain land not to be subject to part
lot control.
Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman cowan, that the
following by-laws be now read a second and third times
NO. 91-36
A by-law to Stop up and close part of the road allowance lying
north of Gore Lot 9 for the former Township of ~tamford
Township. '
91-37
A by-law to authorize road reconstruction of Arthur Street from
Portage Road to 115 meters east of Duke Avenue, Duke Avenue
from Arthur street to Morrison Street-and.Morden Drive from
Portage Road to Duke Avenue.
- 15
No. 91-38
No. 91-39
A by-law to authorize the execution of a conveyance of lands
for road widenings and daylighting triangles in fayour of The
Regional Municipality of Niagara.
A by-law to designate certain land not to be subject to part
lot control.
Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat that
leave be granted to introduce the following by-law, and that the by-law be read
a first time.
No. 91-40
A by-law to establish an Arts and Culture Commission.
The motion carried with the following votes
AYE: Aldermen Craitor, Henderehot, Hinsperger,
the Mayor.
NAYES Aldermen Cowan, Cummings, Orr and Ward.
Hopkins, Janvary, Sherat and
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat that
the following by-law be now read a second and third time.
NO. 91-40
A by-law to establish an Arts and Culture Commission (as
amended).
The motion Carried with the following vote:
AYE: Aldermen Craitor, Hendershot, Hinsperger, Hopkins, Janvary, Sherat and
the Mayor.
NAYEs Aldermen Cowan, Cummings, Orr, and Ward.
ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor that leave
be granted to introduce the following by-law, and that the by-law be read a first
time.
NO. 91-41
A by-law to continue the Recreation commission and to authorize
the carrying on of community programs of recreation.
The motion Carried with the following votes
AXE: Aldermen Cowanl craitor, Hendershotl Hinsperger,
Sherat, Ward.
NAYEs Alderman Cummings.
Hopkins, Janvary, Orr,
ORDERED on the motion of Alderman Orr, seconded by Alderman craitor, that the
following by-law be now read a second and third time.
NO. 91'40
A by-law to establish an Arts and Culture Commission (as
amended}.
The motion Carried with the following votes
AYEs Aldermen Cowan, traitor, Hendershot, Hinsperger, Hopkins, Janvary,
Sherat, end Ward.
NAYES Alderman Cummings.
16
- 17
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat that
the following by-law be now read a second and third time.
No. 91-41
A by-law to continue the Recreation Commission and to authorize
the carrying on of community programs of recreation.
The motion carried with the following vote:
AYE: Aldermen Cowan, Craitor, Nendershot, Hinsperger, Hopkins, Janvary,
Sherat, and Ward.
NAYE: Alderman Cummings.
err,
No. 91-57
No. 91-58
No. 91-59
No. 91-60
No. 91-61
A by-law to establish rental rates for City arenas, swimming
pools, athletic field lighting and garden plots.
A by-law to amend by-law No. 87-87, being a by-law regarding
cemeteries.
A by-law to authorize the road reconstruction on Oneida Lane
from Clifton Hill to its north limit.
A by-law to amend By-law 75-253 (Hearing Ear Dogs).
A by-law to provide monies for general purposes.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time.
No. 91-42
No. 91-&3
A by-law to amend By-law 90-329.
Note: Although Report PD-91-17 was adopted by Council on
February 11, 1991, the amendment to By-law 90-329 was not
enacted. (It was attached as part of the Report and was
therefore not presented to Council separately as a By-law).
A by-law to authorize the execution of a lease agreement with
the Kinsmen club of Niagara Falls.
No. 91-44
A by-law to authorize a concession agreement with the Niagara
Falls Minor Hockey Association.
NO. 91-45
No. 91-46
A by-law to authorize an easement in favor of Bell Canada.
- WITBDRAWN -
No. 91-47
A by-law to authorize a fee of $15.00 to be charged for a tax
certificate.
NO. 91-48
A by-law tonend By-law No. 8867, as amended, being a by-law
to regulate the handling, collecting and disposal of garbage,
ashes and other refuse.
No. 91-49
No. 91-50
A by-law to amend By-law No. 76-60, as Mended, being a by-
law respecting buildings and building permits.
A by-law to amend by-law No. 85-60, 1985, as amended, being
the Sewer By-law.
No. 91-Bl -
NO. 91-52 -
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on city Roads (parking).
A by-law to amend by-law No. 6328, 1963, as amended, being the
Plumbing By-law.
NO. 91~53 -
No, 91-54
NO, 91-55 .
No. 91-56 -
A by-law to amend By-law No. 6661, 1964, as amended, with
respect to signe in the City of Niagara Falls.
A by-law to provide for the adoption of an amendment to'the
Official Plan of the Niagara Falls Planning area.
A by-law to amend By-law No. 89-2000, being a By-law to
regulate parking and traffic on City Roads (Yield Signs).
a by-law to authorize the execution of an agreement with 649799
Ontario Limited operating as Provincial Maintenance.
The motion Carried with Aldermen Cummings, Hendershot, Hinsperger, Sherar,
Janvary, and Ward abstaining from the vote on By-law NO. 91-61 on conflicts of
interest previously recorded; and Alderman Hinsperger abstaining from the vote
on By-law 91-45 on a conflict of interset previously recorded under Report No.
M91-69; and with all others voting in fayour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar that
the following by-laws be now read a second and third time:
NO. 91-42
A by-law to amend By-law 90-329.
Note: Although Report PD-91-17 was adopted by Council on
February 11, 1991, the amendment to By-law 90-329 was not
enacted. (It was attached as part of the Report and was
therefore not presented to Council separately as a By-law}.
NO. 91-43
A by-law to authorize the execution of a lease agreement with
the Kinsmen Club of Niagara Falls.
NO. 91-44
A by-law to authorize a concession agreement with the Niagara
Falls Minor Hockey Association.
No. 91-45 - A by-law to authorize an easement in favor of Bell Canada.
No. 91-46 - - WITHDRAWN -
No. 91-47
A by-law to authorize a fee of $15.00 to be charged for a tax
certificate.'
No. 91-48
A by-law to amend By-law No. 6867, as amended, being a by-law
to regulate the handling, collecting and disposal of garbage,
ashes and other refuse.
No. 91-49
A by-law to amend By-law No. 76-60, as amended, being a by-
law respecting buildings and building permits.
No. 91-50
A by-law to amend by-law No. 85-60, 1985, as amended, being
the Sewer By-law.
NO. 91-51
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on city Roads (parking).-
NO. 91-52
A by-law to amend by-law No. 6328, 1963, as amended, being the
Plumbing By-law.
No, 91'54
A by-law to provide for the adoption of an amendment to the
official Plan of the Niagara Falls Planning area.
91-55
A by-law to amend By-law No. 89-2000, being a By-law to
regulate parking and traffic on City Roads (Yield Signs).
18 -
No. 91-53
No. 91-56
No. 91-57
No. 91-58
A by-law to amend By-law No. 6661, 1964, as amended, with
respect to signs in the City of Niagara Falls.
A by-law to authorize the execution of an agreement with 649799
Ontario Limited operating as Provincial Maintenance.
A by-law to establish rental rates for City arenas, swimming
pools, athletic field lighting and garden plots.
A by-law to amend by-law No. 87-87, being a by-law regarding
cemeteries.
No. 91-59
A by-law to authorize the road reconstruction on Oneida Lane
from clifton Hill to its north limit.
No. 91-60
No. 91-61
A by-law to amend By-law 75-253 (Hearing Ear Dogs).
A by-law to provide monies for general purposes.
The motion Carried with Aldermen Hendershot, Cummings, Minsperger, Sherat,
Janvary, and Ward abstaining from the vote on By-law No. 91-61 on conflicts of
interest previously recorded; and Alderman Hinsperger abstaining from the vote
on By-law 91-45 on a conflict of interest previously recorded under Report No.
M91-69; and with all others voting in fayour.
- 19 -
It was moved by Alderman Cummings, seconded by Alderman Hendershot, that the
meeting adjourn. Carried Unanimously.
Alderman Ward left the meeting~
NEW BUSINESS
Beaver Valley Subdivision
Miss Jean crandoni was present to express her concerns about the proposed plan
of subdivision Beaver Valley, with particular emphasis on the effect of this
additional residential development on the capacity of the Kalar Road pumping
station. She also commented on the diversion of the natural watershed pattern
in this area of the City, storm sewer requirements, illegal fill being placed
in the Beaverdams Creek valley lands, and the detrimental effect of fill
materials on livestock. Miss Grandoni was requested to provide a written copy
of her remarks to the City Clerk.
416 Exchanee
Alderman Cummings referred to the proposed changes for the 416 Exchange that will
be coming into effect within the next 2 to 3 years. He requested that the Mayor's
office direct a letter to Bel'l Canada expressing concern regarding what the
impact will be when these changes come into effect.
Mr. Paul Jacques advised that due to the change in the installment date, $13
million had been collected# and the City had saved $118,000 in ~nterest payments.
Waste Menaqement Sub-Committee
Staff was directed to prepare a Public Notice inviting all interested citizens
to Participate in a public meeting regarding the Waste Management Sub-committee.
This will provide an opportunity tc provide input regarding refunds, collections,
fees.
NINTH MEETING
Committee Room #1
March 11, 1991
Council met On Monday, March 11th, 1991, at 6:45 p.m., in Committee of the
Whole. All members of Council, with the exception of Aldermen Campbell,
Hendershot and Ward, who were away on business, and Aldermen cummings and
Puttick, who were away on vacation, were present. Alderman Cowan presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
E. C. WAGG, CITY
PLANNING MEETING
council Chambers
March llth, 1991
Council met on Monday, March llth, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of Council, with the exception of
Aldermen Campbell~ Hendershot, and Ward, who were away on business, and Aldermen
Cummings and Puttick, who were on vacation, were present. His Worship Mayor
Smeaton presided as Chairman, and offered the Opening Prayer.
REPORTS
PD-gl-31 Chief Administrative Officer Re: Zoning By-law Amendment
Application, AM-2/91, 828312 Ontario Inc., 3516 Main Street. The report
recommends the following:
1)
2)
3)
4)
5)
That council support the amendment to the Zoning By-law to permit the
construction of a 25 unit townhouse project having a maxima building
height of 1-1/2 storeye'and providing improved landscaping, buffering,
building setbacks and parking;
That provisions requiring
setback of 9.14m (30 ft.)
the amending by-law;
extensive buffering and a minimum building
from the west property line being included in
That staff be directed to prepare the amending by-laws for enactment at
a subsequent Council meeting;
That the applicant satisfy the Regional Public Works Department
requirements for road widenings, site servicing drawings. and driveway
permits;
That an appropriate daylighting triangle be dedicated to the City at the
intersection of Main Street and Lamont Avenue;
e)
7)
8)
That prior to issuance Of any building permit, the applicant confirm by
study that post-development flows into the sanitary sewer system will be
less than, or equal to, present flows from the existing development on the
subject lands; this study is to take into consideration the proposed staged
development;
That the property be placed under Site Plan control to address grading,
lighting, landscaping, fencing, extensive buffering, storm water
management, etc;
That the applicant and the Regional Municipality of Niagara be advised
accordingly-
- AND -
Communication No. 61 - Mr. & Mrs. John Hopkins, 3528 Strang Drive -
communication expresses endorsement of the proposal.
The
- AND -
Communication No. 62 - Mr. M.· Woodruff and Mrs. P. Woodruff, 3604 Bridgewater
Street - The communicationexpre. sses opposition to the proposed rezoning.
- AND -
Communication 'No. 63 - Mr. Tom Thomson - 3564 Bridgewater Street -
The communication expresses opposition to the proposed development of 35
townhouses.
- AND -
communication No. 64 - Regional Niagara Planning and Development Department -
The communication informs that the application is under review and a report will
be forwarded upon completion.
-AND -
Communication NO. 65 - Ministry of the Environment - The communication expresses
concern regarding the inadequate sewer system.
His Worship Mayor Smeaton declared the Public Meeting open and explained ~he
procedure to be followed under the Planning Act, 1983.
The Director of Planning & Development advised that the Notices of the Public
Meeting had been forwarded by prepaid first-class mail on February 11th, 1991,
30 days ago.
His Worship Mayor smeaton received indication that Mr. Brian Sinelalr, Solicitor,
was in attendance on behalf of the applicants; 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.
There was a positive response to Mayor Smeaton's request for comments from
persons, other than the applicant or hie agent, in fayour of the proposal and
also received a positive response for those opposed to the application.
The Director of Planning & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-22: Zoning Amendment Application; Surrounding Land
Uses comments from the Public 'Notification Process; Planning Review, and Site
Plan Review.
Mr. charles Oft, residing st 8818 Parliament Street, stated that there are a
number of retired senior citizens, who have had homes in the community and this
type of development would be quite enticing for those people wishing to remain
in the community.
e®e3
Mrs. Margaret Vanderschoot, residing at 7937 Sarah Street, submitted a petition
from 47 residents objecting to the proposed re-zoning. Mrs. Vanderschoot stated
that she is not specifically objecting to the townhouse proposal, but that she
is concerned that the infrastructure needs study has not yet been completed, and
timing is not right for this proposal until study has been completed.
Mr. H. Beer, residing at 7936 Sarah Street, stated that on December 29th, he had
flooding in his basement and placed 5 telephone calls to the Sewer Department
and received no help. After speaking to an Alderman at City Hall, he did receive
assistance within 45 minutes, and was told that the main sewer was clogged. Mr.
Beer stated that he believes no new construction should be permitted until the
old sewer system is updated.
His Worship Mayor Smeaton stated that he would request a full report regarding
the log of December 29th, regarding Mr. Beer's telephone enquiries.
Mr. Fred Wills, residing at 8094 Lament Avenue, stated that he is totally against
the re-zoning proposal. He feels the unite would not be suitable for the
surrounding area, which consists mainly of single family homes.
Mr. John Ruskoff, residing at 7929 Sarah Street, noted that some of his concerns
were, increased traffic in the area, parking problems, loss of privacy, density,
re-salability of homes, and that the character of the area would be changed.
Mr. Jim Vanderschoot, residing at 7937 Sarah Street, stated that he was concerned
about the increased sewage flow from the development and the height of the
project.
The Director of Municipal Works informed that the infrastructure needs study
should be completed by the end of June or July, 1991.
Mr. Brian Sinclair, noted that the proposed development would consist of quality,
2 bedroom units which are very prestigious looking, and would certainly appeal
to seniors.
Mrs. Peggy Beer, residing at 7936 Sarah Street, commented that she was concerned
about the noise problems, Mrs. Winnifred Martin, residing at 3287 Strange,
commented that she was concerned the development would not be a residence for
seniors only; and Mr. Barry Legare, residing at 8069 Lament Street, stated that
he was concerned that the privacy of the residents would be Jeopardized due to
balconies from the development facing private properties.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hopkins, that the
report be received and adopted, and further that the residents be included in
the Site Plan approval process; that the By-law contain provisions requiring
the unite to be a minimum of 1500 square feet (including garage), and that any
landscaping buffer required be installed at the outset of the construction. The
motion Carried with the following vote:
AYE: Alderman Cowan, Hinsperger, Hopkins, Janvary, err.
NAYE: Aldermen Craitor.
It was noted that Mrs. Margaret Vanderschoot would be the Co-ordinator on behalf
of the residents for the Site Planning Committee.
PD-91-32 - Chief Administrative Officer - Re: Zoning By-lawAmendment Application
AM-3-91, T. Morin Travelparks Limited, 8676 Oakwood Drive, Jelly Stone Park
Campground. The report recommends the followings
1)
That approval of the amendment to the Zoning By-law to re0ognize the use
of the property as a camping establishment;
see4
- 4 -
- 5
2)
That permitting the use of unserviced cabins for overnight accommodation,
and their location closer to the street and property, subject to provisions
which limit the maximum gross floor area of the cabins to 20 sq. m. (215
sq. ft.) and the maximum number of unserviced sites which can be used for
cabins to 35%;
4)
That staff be directed to prepare the necessary by-law for enactment at
a subsequent council meeting;
That the applicant and the Regional Municipality of Niagara be advised
accordingly.
- AND -
COmmunication No. 66 - Letter from Ministry of Natural Resources The
communication expresses concern regarding the rivefine wetland, and requests
incorporation of a 15 metre vegetative buffer and restrictive zoning, to
accommodate the wetland and fisheries interest.
- ~ND -
COmmunication No. 67 - Letter from Regional Niagara Planning and Development
Department. The communication expresses support of the proposed zoning By-law
Amendment.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Director of Planning & Development advised that the Notices of the Public
Meeting had been forwarded by prepaid first-class mail on February 11th, 1991,
30 days ago.
His Worship Mayor Smeaton received indication that Mr. Dante Marineill,
Solicitor, was in attendance on behalf of the applicants; and received a negative
response to hie 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-28: Official Plan and Zoning By-law Amendment
Application; Surrounding Land Use: comments from the Public Notification Process;
Planning Review.
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the applicant or his agent, in fayour of the proposal; or
those opposed to the application.
The Director of Planning and Development responded to questions regarding the
use of the property as a camping establishment vs a permanent mobile home park,
and stated that the licence was to recognize the use of property as e camping
establishment.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting closed.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman err, that
the report be received and .the application approved. Carried Unanimously.
PD-Pl-33 - chief Administrative Offiser - Re: Zoning By-law Amendment Application
Am-37-90, Congregations of Jehovah's Witnesses, 6457 Montrose Road. The report
recommends that council not support the amendment to the Zoning By-law for the
proposed place of worship as it will impact on the area and significantly alter
future land uses on surrounding lands.-- '
- AND -
COmmunication NO. 68 - Letter from Mr. Joseph L. Holmes and Mary Holmes, 6479
Meritrose Road - The communication expresses opposition to the proposed
development.
-AND -
Communication No. 69 - Letter from Mrs. Irene Elliott, 6456 Meritrose Road - The
communication expresses opposition to the proposed re-zoning.
-AND -
COmmunication No. 70 - Letter from Regional Niagara Planning and Development
Department - The communication advises that the Regional Planning Department is
not opposed to the proposal.
His Worship Mayor Smeaton received indication that Mr. Peter Padley, of the
architectural firm of Wilfrid R. Usanet, was in attendance on behalf of the
applicants. Mr. Padlay requested a postponement to the hearing until a later
date, in order that the issues presented could be properly addressed.
His Worship advised that the applicant would have to go through the proper
notification process again; that costs of a recirculation would be billed to the
applicant; and that all changes to the application would be fully disclosed.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting closed. -_
ORDERED on the motion of Alderman Hopkins, and seconded by Alderman Sherar, that
Council agree to approve applicant's request to postpone hearing until a later
date. Carried Unanimously. ~
PD-91~9 - ehi~ ~dministrative Officer - Re: Review of Environmental Report,
Sir Adam Beck No. 2 Generating. Station, Turbine Runner Upgrading. The report
recommends the ~ollowing:
1)
That the City not offer any objection to the Turbine Runner Upgrading
Project at Sir Adam Beck No. 2;
2)
That Ontario Hydro be requested to keep the City informed of the activities
and work associated with the project including information on the proposed
truck route when available.
ORDERED on the motion of Alderman Hopkins, and seconded by Alderman Hinsperger,
that the report be reseived and adopted. Carried Unanimously.
NEW BUSINESS
50th Anniversary of Rainbow Brid~e
His Worship Mayor Smeaton advised that he would be attending the International
celebration commemorating the 50th Anniversary of the Rainbow Bridge on June
9th, 1991; and therefore he would not be attending the FCM Confersnee scheduled
for June 7th, 1991.
U~date on Great Lakes Conference
His Worship Mayor Smeaton informed that it would cost approximately $800.00
airfare for his attendance at the International Oreat Lakes Conference -
ORDERED on the motion of Alderman Hinsperger, and seconded by Alderman cowan
that His Worship Mayor Smeaton attend the conference, at his discretion for the
mode of travel. Carried Unanimously
- 6
Tree Cuttinq on Robert Street
Alderman Sherat requested an updated report from the Municipal Works Department
regarding trees that had been cut down on Robert Street. The Municipal Works
Superintendent would report to the Alderman.
Railway Tracks on Morrison/Drummond/Dorchester
Alderman Sherat requested status of the report from Municipal Works, regarding
upgrading of railway tracks on Morrison Street, Drummond Road and Dorchester
Road.
, · , , · ·
It was moved by Alderman Cowan, seconded by Alderman Minsperger, that the
meeting adjourn. Carried Unanimously.
READ ~D ADOPTED,
TENTH MEETING
Committee Room #2
March 18, 1991
Council met On Monday, March 18th, 1991, at 7:00 p.m., in Committee of the
Whole. All members of Council, with the exception of Alderman Cowan, who was
away on business and Aldermen Cummings and Puttick, who were away on vacation,
were present. Alderman Janvary presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
March 18th, 1991
council met on Monday, March 18th, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of council, with the exception of
Alderman Cowan, who was away on business, and Aldermen Cummings and Putticks who
were on vacation, were present, His Worship Mayor Smeaton presided as Chairman.
Alderman Minsperger offered the Opening Prayer.
ADOPTION OF MINUTES
Aldermen Hopkins and Ward asked that the minutes of March 4th, 1991, be
amended to indicate they had declared conflicts of interest on Page 2, Report
CD-91-17 because "they are members of a club which holds a bingo lieence".
Alderman Hopkins asked that the minutes of March 4th, 1991, Page 4 under
Report MW-91-71, be amended tolindicate that he had abstained from the vote on
a conflict of interest.
Alderman campbell requested that the minutes of March 4th, 1991 be amended
to lndieate that he had been away on business; and to also indicate that he had
conflicts of interest with respect to Report F91-11, Item #3, and cheque No.
662501, as he is employed by the organization.
On the motion of Alderman Janvary, seconded by Alderman Mendershot that
the minutes of the meeting held March 4th, 1991 be amended to reflect that Miss
Grandoni's Comments with respect to Report No. CD-91-14 were made under "New
Business". Carried Unanimously.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Shetar,
that the minutes of the meeting held Mareh 4th, 1991 be adopted as amended, and
that the minutes of the Planning Meeting, held March 11th, 1991 be adopted as
printed.. Carried Unanimously.
CONFLICT8 OF INTEREST
Alderman Hinsperger, declared a conflict of interest on Report No. F-91-
13, Cheque Nos. 66263, 66438, 66440 and 66451 because a member of his family is
employed by the company.
- 3
WELCOME
His Worship Mayor Smeaton welcomed Catherine Bennett, Leader of the 27th
Girl Guides Group, and her Second and Third-year Guides to the meeting. The
Guides were in attendance as Observers, and are working towards their Citizenship
Badges.
DEPUTATIONS
His Worship Mayor Smeaton welcomed Mrs. Geri Barton, President, of the
Canadian Liver Association. Mrs. Barton expressed appreciation for the
opportunity of addressing Council and requested that Council proclaim the Month
of.A~ri~es,~Organ Donor Awareness Month".
Mrs. Barton presented a brief history of the Canadian Liver Foundation,
and stated that the Foundation provides research grants, fellowship and
scholarship awards; provides educational programs (workshops) to the community;
and supports groups for liver disease patients and their families.
Mrs. Barron introduced christine Marshall of the Multi Organ Retrieval
Exchange ProgramFoundation (M.O.R.E.), who provided information on organ donor
participation.
His Worship Mayor Smeaton thanked Mrs. Geri Barton and Miss Christins
Marshall for the presentations and commended the important work that is being
done by their respestive organizations.
Ontario Head Inturv ChaNter Association
Communication No. 71 - Niagara Chapter - Ontario Bead Injury Association - The
communication requests a Break=Open (Nevada) Licenee Application~ at a premises
in the city of Niagara Falls not owned or regularly occupied by the Association.
In making this application, the Association is asking that Council exercise its
power, as designated by the Minister of consumer and Commercial Relations, and
grant exemptions to Sections 3, 4(b}, and 17(b) of the Terms and Conditions for
issuance of a licenee.
Thomas J. Turner, Director of Fundraising, Ontario Head Injury Association,
stated that the Association assists victims of head injuries, car~accidents and
industrial accidents, and helps their families through the daily stress of severe
and prolonged disabilities. Mr. Turner stated that the Association is applying
for the licenee to raise monies to fund their various services within the
community.
-AND -
CD-91-22 - Chief Administrative Officer - Re: Niagara Chapter Ontario Head Injury
chapter Association - The report recommends that council maintain its policy
adopted at the meeting of August 17, 1987 to not grant an exemption under
.Sections 3, 4(b) and 17(b) of the Terms and Conditions under which a Break-open
(Nevada) ticket licenee is issued.
Following further discussion of the report and addressing specific
questions to staff, a motion-was made by Alderman Craitor, and seconded by
Alderman Hendershot, that the report be tabled for about one month, at the
request of Mr. Turner, who indicated that a change had occurred in the Ministry
of Consumer and Commercial Relations, which would necessitate his speaking to
the New Ministry to determine their direction in respect to the current policy.
The motion Carried with the following votex
AYEx Aldermen Campbell, Craitor, Hendershot,
Orr.
NAYES aldgrmen Janvary and Ward.
Hinsperger, Hopkins,
Sherat 'and
Road Reconstruction & Streetscanin~ on oneida Lane
Mr. Joseph Guide, President, Patterned Concrete Ontario Inc., was in
attendance and provided background information with respect to the installation
process of impressed concrete. Mr. Guida introduced a representative from L.M.
Sosfield, who discussed the color hardenere process for impressed concrete, and
stated that as the process is highly specialized, the work should be performed
by qualified, liceneed personnel.
The Director of Municipal Works responded to questions with respect to the
cost of impressed concrete vs interlocking brick, the use of sub-contractors by
Sacco Construction, the quality of work to be provided and that they satisfied
the tender requirements.
MW-91-86Chief Administrative Officer Re: Contract 91-103 Road
Reconstruction & Streetscaping on Oneida Lane. The report recommends that the
unit prices submitted by the low tendeter, Sacco Construction Limited be accepted
and this contract be awarded subject to:
Ministry of the Environment approval of the project's sewermain works.
Ontario Munisipal Board approval of the By-law authorizing the financial
debenture.
Alderman Hinsperger, declared a conflict of interest with respect to Report NO.
MW-91-86, because he is a former employee of Bell Canada and a member of his
family is employed by Bell Canada.
Alderman campbell, declared a conflict of interest because he has employed the
company, Patterned concrete Ontario Inc., to perform work for him.
ORDERED on the motion of Alderman Janvary, and seconded by Alderman Sherar, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Craitor, Hendershot, Hopkins, Janvary, Shetar and Ward.
NAYE: Alderman Orr.
See B -law No. 91-76.
See Resolution NO. 14.
UNFINISHED BUSINESS
Communication No. 10 - Symon Petlura Institute - Re: Food Relief Committee. The
communication requests the establishment of a city-to-City Food Relief Committee
with a twinned City in the Ukraine.
Communication No. 72 - Social Planning council of Niagara Falls - Re: City to
City Ukrainian Food Relief Committee. The communication states that the Social
Planning Council supports the concept of establishing a Ukrainian Food Relief
Committee, although gathering direct food donations would be in conflict with
the efforts of Project S.H.A.R.E.
ORDERED on the motion of Alderman Janvary, and seconded by Alderman Ward, that
the communications be received and filed and that Council supports the views of
the Social Planning Counsil's communication. Carried Unanimously.
COMMUNICATION & COMMENTS OF CITY CLERK
Communication No. 73 - ontario Building Officials Association - Rex Proclamation.
The communication asks Council to proclaim the week of April 7th to April 13th,
1991 as "Building Regulation Awareness Week,"
.ee4
- 4
ORDERED on the motion of Alderman Ward, and seconded by Alderman err, that the
request be approved subject to established policy. Carried Unanimously.
COmmunication No. 74 - Canadian Cancer Society - The communication requests
Council to support the Society by endorsing the month of April as "Cancer Month",
and requests permission to fly the C.C.S. flag.
ORDERED on the motion of Alderman Ward, and seconded by Alderman Minsperger, that
the communication be received and the requests granted. Carried Unanimously.
Communication No. 75 - Rexanne Felice, Manager, Project S.H.A.R.E. - Re= Spring
Food Drive. The communication requests that council approve using city Hall as
a drop-off point for Project S.H.A.R.E. Food Drive, and to approve the use of
a City van to assist with the food pick up during March 28th, 29th, and 30th,
1991.
ORDERED on the motion of Alderman Ward, and seconded by Alderman Mendershot, that
the communication be received and the requests approved. Carried Unanimously.
COmmunication No. 76 - Township of St. Vincent - Re: Resolution. The
communication asks Council to support a resolution requesting the Minister of
the Environment to speed up the Environmental Assessment procedures and
guidelines for municipalities to follow when establishing new waste disposal
sites.
ORDERED on the motion of Alderman Janvary, and seconded by Alderman Sherat, that
Council is supportive of the resolution and that the communication be referred
to Municipal Works. carried Unanimously.
COmmunication No. 77 - St. John Ambulance, Niagara Falls Branch - Re~ Honorary
Board. The Communication requests Council to appoint a representative to the
Honorary Board of St. John Ambulance, Niagara Falls Branch.
ORDERED on the motion of Alderman campbell, seconded by Alderman Mendershot, that
Alderman Campbell be appointed to the Board.
Carried Unanimously.
Communication No. 78 - Ministry of the solicitor General - Re: Tornado Awareness.
The communication urges municipalities to review their state of emergency
preparedness and take the necessary steps to prepare for a tornado or any other
emergency which may occur within its boundaries.
ORDERED on the motion of Alderman Ward, and seconded by Alderman Janvary, that
the communication be received and filed, and the matter be referred to staff.
Carried Unanimously.
communication No. 79 - (HANDOUT) Niagara Women In Crisis - Re: Book Riot Banner
for fund raising event. The Communication requests the permission of Council
to hang a banner across Stanley Avenue, at stamford Street, during the period
of April 25th to May 22nd, 1991.
ORDERED on the motion of Alderman Ward, and seconded by Alderman err, that the
communication be received and permission granted. Carried Unanimously.
B-91-14 - Chief Adlainistrative Officer - Rex Buildings & Inspections Report for
February 1991. The report recommends that this report be received and filed.
ORDERED on the motion of Alderman Campbell, and seconded by Alderman Ward, that
the report be received and adopted. carried UnanimousIv.
B-91-17 - Chief Administrative Officer - Rez Site PlanApproval Proposed Souvenir
Store Addition - 5983 Clark Ave., south of Ferry street, site Plan control 91-
05. The report recommends that Council approve the Site Plan(s} on display at
tonight'smeetlng, being · proposed souvenir store addition to an existing
- 5 -
restaurant building, and the Site Plan being drawing number SP-1, and filed with
the Buildings and Inspections Department of the city of Niagara Falls on March
12, 1991 and that such approval be subject to the following conditions:
a} That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the City} the
following facilities and works shown on the said site plan(s).
1. One access ramp(s) to provide ingress and egress between the
property and Clark Avenue which shall be in the location and of the
width shown on the Site Plan together with the curbings shown on the
site plan.
15 off-street parking spaces and the access driveways, all having
dimensions and being in the locations shown on the Site Plan and
which shall be surfaced with hot mix asphalt or approved equivalent,
together with all of the curhinge shown on the Site Plan.
Concrete sidewalks of the dimensions and in the locations shown on
the Site Plan.
Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential or institutional districts or uses and away
from traffic or adjoining roadways.
The fence, trees, shrubs and other landscaping of the types and in
the locations shown on the Site Plan to be constructed.
The facilities for the storage of garbage and other waste material
in the location shown on the Site Plan, which shall be surfaced with
concrete or equivalent to be constructed.
Such grading or alterations in elevation as shall be necessary to
provide the elevations on the site plan together with all of the
facilities and works for the disposal of storm, surface and waste
water shown on the Site Plan.
b) and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expense of the owner the facilities or works
mentioned in paragraphs 1, 2, 3, 4, 5, 6 and 7 of clause (a} above,
including the removal of snow from access ramps and driveways, parking and
loading areas and walkways.
c) and further that the owner be required to enter into a site plan agreement
with the city dealing with the facilities, works and matters enumerated
above.
ORDERED on the motion of Alderman Hinsperger, and seconded by Alderman Ward, that
the report be received and adopted. Carried Unanimousiv.
B-91-19 - (HANDOUT) Finance COmmittee - Re: Agreement with Canadian Corps of
Commissionaires (Hamilton) - Parking Enforcement. The report recommends that
the Canadian Corps of Commissionaires (Hamilton) be engaged for the period of
April 1, 1991 to March 31, 1992 for parking enforcement purposes and that Council
approve the by-law on tonight's agenda.
ORDERED on the motion of Alderman Mendershot, and seconded by Alderman Ward that
the report be received and filed. Carried Unanimously.
SeB-1 1-6
B-91-20 - (HANDOUt) Finance COmmittee - Rex Agreement with Commissionaires -
Security Services - City Mall. The report recommends that council approve the
by-law on tonight's agenda authorizing an increase in payment to the Canadian
Corps of commissionaires for the provision of City Mall Security services for
the period commencing April 1, 1991 through March 31, 1992.
ORDERED on the motion of Alderman Hendershot, and seconded by Alderman Ward that
the report be received and filed. Carried Unanimously.
PD-91-30 (HANDOUT) Finance C~mmittee - Re: Status Report on Tourism Master Plan
Study. The report recommends that the report be received and filed for
information purposes.
ORDERED on the motion of Alderman Headershot, and seconded by Alderman Ward, that
the report be received and filed for information of Council. Carried
Unanimously.
See BY-law No. 91-63.
F-91-13 - Chief A~ministrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $5,014,468.78 for the period ending March
18, 1991 be approved by the passing of the by-law appearing later on the agenda.
Additional information was provided on Cheque No. 66270, and Cheque No. 66442.
ORDERED on the motion of Alderman Ward and seconded by Alderman err, that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-77.
FD-91-02 - Chief Aa-inistrative Officer - Re: O.A.F.C. Annual Conference. The
report recommends that Council authorize the following persons to attend the
Annual Conference of the Ontario Association of Fire Chiefs to be held in
Markham, Ontario, May 5th-9th, 1991: Chief Dave Kemp - N.F. Fire Dept.; Area
Chief Mary McKeag - Chippawa Area; Area Chief Adonis Somerville - Willoughby
Areas Area Chief Harry Noyes - Crowland Area.
ORDERED on the motion of Alderman Hinsperger, and seconded by Alderman Janvary,
that the report be received and adopted. carried Unanimously.
FD-91-04 - Chief Administrative Officer - Re= Ontario Municlpal Fire Prevention
Officers' Association Annual Conference. The report recommends that Council
authorize Director of Fire Prevention , Richard Stokes, to attend the Ontario
Municipal Fire Prevention Officers' Association Conference to be held in
Scarborough, Ontario, March 24th-28th, 1991. Total cost is approximately $675.00.
ORDERED on the motion of Alderman Hinsporger, and seconded by Alderman Janvary,
that the report be received and adopted. carried Unanimously.
FD-91-0S - Chief Aa-inAstrative Officer - Re: Fire ExtinguisHer Inspection
Inquiry. The report recommends that Council receive and file this report for
information.
ORDERED on the motion of Alderman Ward, and seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
MW-91-66 - Chief a~miaistrative Officer - Re: Participation in Recycling Co-
Ordinator's Internship Program (R.C.I.P.}. The report recommends that two
interns be hired, through the Recycling Co-ordinator's Internship Program, to
assist in the City's Waste Reduction Program.
ORDERED on the motion of Alderman Ward, and seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
MW-91-68 - Chief Administrative Officer - Re= Privatizstion of Engineering
Services for Subdivision and Other Developments. The report recommends the
following~
l)
That developers be allowed to hire their own engineering consultants to
provide design services for their developments.
- 7 -
2)
That the same consultants be allowed to carry out contract administration
for the same developments as described in the Association of Professional
Engineers of Ontario schedule of suggested fees (1990) for land development
engineering services.
3)
The City of Niagara Falls will continue to provide field survey layout and
site inspection by City Forces or consultants hired directly by the City
for these specific services.
4)
That the fees for general administration, field survey layout and site
inspection that the city charges be as shown on the schedule (c) of this
report.
5) That the above items be on a trial basis from March 19, 1991 to September
16, 1991, where upon a further report will be submitted to this Committee
and City Council for evaluation and a decision be made either to continue
or to revise or to discontinue.
ORDERED on the motion of Alderman Janvary, and seconded by Alderman Headershot,
that the report be received and adopted. Carried UnanimoUsly.
MW-91-85 - chief Administrative Officer - Re: contract 91-106, Local Improvements
Road Reconstruction on Duke Ave., Arthur St., & Morden Drive. The report
recommends that the unit prices submitted by the low tendeter, Stephens & Rankin
Inc. be accepted and that the contract be awarded to this firm subject to the
following:
a) that funding for the watermain be pre-approved from the 1991 Operating
Budget.
ORDERED on the motion of Alderman sherat, and seconded by Alderman err, that the
report be received and adopted. Carried Unanimously.
MW-91-87 - Chief Administrative Officer - Re: 1991 Tender for Extermination of
Rats, Groundhogs, Skunks and Bees. The report recommends that the tender from
Golden Horseshoe Pest Control in the amount of $5,075.00, for the elimination
of rats, groundhogs, skunks and bees, commencing April 1, 1991, be accepted.
ORDERED on the motion of Alderman Hinsperger, and seconded by Alderman
Headershot, that the report be received and adopted. Carried Unanimousl .
See By-law No. 91-7~.
MW-91~88 - Chief Administrative Officer - Re: 1991 Tender for Rental Equipment -
Landfill Site. The report recommends that Fernview Construction Ltd. be awarded
the tender for the rental of one crawler bulldozer at $35.00 per hour and one
crawlet loader at $36.00 per hour.
Mr. Fermino Susan addressed council in respect to the contract. He raised
concerns over the amount and quality of work which is usually required to be
done. He was not in fayour of the issuance of the contrast to Fernview
Construction Ltd.
ORDERED on the motion of Alderman Hinsperger, and seconded by Alderman err, that
the report be received and adopted. The motion carried with the following vote:
AYEz Aldermen Campbell, Headershot, Hinsperger, err, Sherat and Ward.
NAYE~ Aldermen Creator, Hopkins and Janvary.
MW-91-92 - (MANDO~T) Chief Administrative Officer - Rez Program of Proposed
Expenditures for Highway Improvements for the Year 1991 - Ministry of
Transportation FormMR-A~16. The report recommends that the Program of Proposed
Expenditures for Highway Improvements for the year 1991, dated March 18, 1991,
be adopted as presented in the total estimated amount of $8,511,900 with an
estimated subsidy of $2,664,500.
ORDERED on the motion of Alderman Hopkins, and seconded by Alderman Hineperger,
that the re~rt be received and adopted. Carried UnanimousiX.
R-91-07 -Chief Administrative Officer - Re: Niagara Falls Lions Club - Headlease
Renewal. The report recommends the following:
i)
That the by-law appearing on this evening's agenda authorizing a headlease
between the City of Niagara Falls and the Niagara Falls Lions Club be
approved;
2)
That the by-law appearing on this evening's agenda authorizing a sub-lease
between the Lions Club, the Regional Municipality of Niagara for the Dr.
Fingland Day Care Centre, and the city of Niagara Falls be approved;
3)
That staff be authorized to meet with representatives of the Lions Club
to discuss the potential of the Niagara Falls Lions proposal to assume
ownership of the property and the cost of the maintenance of the park and
pool facilities.
ORDERED on the motion of Alderman Menderehot, and seconded by Alderman
Hinsperger, that the report be received and adopted. Carried Unanimously.
PD-91-35 Chief Administrative Officer - Re: Interim Control Amendment
Application (IMC 12/91), V. & B. Batty. The report recommends the following:
1)
That the Interim control Amendment Application IMC-12/91 be approved,
subject to the conditions of this report;
2) That Council approve the by-law to amend Interim Control By-law No. 90-
329.
ORDERED on the motion of Alderman Hopkins, and seconded by Alderman Henderahot,
that the report be received and adopted. Carried Unanimously.
See By-law NO. 91-72.
PD-91-39 - (HANDOUT) chief Administrative Officer - Re: Agreement between the
City of Niagara Falls and Menechella Brothers Limited - Minolta Tower. The
report recommends that the by-law appearing on tonight's agenda, to authorize
the execution of certain documents with Menechella Brothers Limited, be passed.
ORDERED on the motion of Alderman Hendershot, and seconded by Alderman campbell,
that the report be received and adopted. Carried Unanimously.
See By-law No. 91-70.
CD-91-21 - Chief Administrative Officer - Re: Manager'a Edge Cassette Program.
The report recommends that Council receive and file this report for their
information.
ORDERED on the motion of Alderman Janvary, and seconded by Alderman Orr, that
the report be received and adopted for the information of Council. ~ar~i~
Unanimously.
- 9 -
4)
That Establishment as a Public Highway of Part 2 on Reference Plan 59R-
6798 to become part of Marshall Road;
B)
That Establishment as a Public Highway of Part 2 on Reference Plan 59R-
7110 to become part of Weaver Road;
6)
That Establishment as a Public Highway of Part 3 on Reference Plan 59R-
6084 to become part of St. Patrick Avenue;
7}
That Establishment as a Public Highway of Part i on Reference Plan 59R-
7140 to become part of Ontario Avenue;
s)
That Establishment as a Public Highway of Part 3 on Reference Plan 59R-
7372 to become part of McLeod Road;
9)
That Establishment as a Public Highway of Part 4 on Reference Plan 59R-
7136 to become part of Dorchester Road;
That Eatablishment as a Public Highway of Part 4 on Reference Plan 59R-
5864 to become part of Beechwood Road;
That Establishment as a Public Highway of Part 1 on Reference Plan 59R-
4891 to become part of Belmont Avenue;
i2)
i3)
i4)
That Establishment as a Public Highway of Parts I and 2 on Reference Plan
59R-6730 to become part of Main Street;
That Establishment as a Public Highway of Parts 1, 2 and 3 on Reference
Plan 59R-7402 to become part of Ellen Avenue;
That Establishment as a Public Highway of Part 2 on Reference Plan 59R-
3344 to become part of Kalar Road.
ORDERED on the motion of Alderman Hopkins, and seconded by Alderman Shetar, that
the report be received and adopted. carried UnanimousiV.
See. By-law No. 91-67.
RESOLUTIONS
Ne. 13 - HOPKINS - NINSPERGER RESOLVED that the Program of Proposed
Supplementary Expenditures for Highway Improvements for the year 1991, dated
March 18th, 1991, be adopted as presented in the total estimated amount of
$8,511,900.00 with an estimated subsidy of $2,664,500.00;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl .
8-91-06 - Chief Administrative officer - Re: Establishment of Certain Street
Widehinge and Daylighting Triangles as Public Highways. The report recommends
that Council approve the by-law appearing on this evening's agenda regarding the
followingx
1}
That Establishment as a Public Highway of Part 3 on Reference Plan 59R-
6718 to become part of Summer Street;
2)
3)
That Establishment as a Public Highway of Parts 6 & 7 on Reference Plan
59R-6642 to become part of Yokum Road and crowland Avenue respectively;
That Establishment aea Public Highway of Part I on Reference Plan 59r-
7123 to become part of Willedell Road/
see9
No, 14 - JANVARY - SHERAM - RESOLVED that the unit prices submitted by Sacco
Construction Limited for Contract No. 91-103 - Storm Sewer, Road Reconstruction
and Streetscaping on oneida Lane, at the tendered amount of $16S,796.24 be
accepted;
AND the Seal of the Corporation be hereto affixed.
carried Unanimousl .
BYeLAWS
ORDERED on the motion of Aldermen Orr, and seconded by Alderman Sherat, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time~
No. 91-46
No. 91-62
NO. 91-63
No. 91~64
NO, 91-65
No, 91-66
No. ~91-67
NO. 91-68
NO. 91-69
NO. 91-70
No. 91-71
NO. 91-72
We. 91-73
No. 91-74
No. 91-75
No. 91-76
NO. 91-77
- 10 -
A by-law to authorize the execution of an agreement with
Canadian Corps of Commissionaires (Hamilton).
A by-law to establish certain road widenings and daylighting
triangles as public highways.
A by-law to authorize the execution of an agreement with Malone
Given Parsons Ltd. respecting a Tourism Master Plan Study.
A by-law to authorize the execution of a headlease with the
Lions Club of Niagara Falls (Ontario), Canada.
A by-law to authorize the execution of a sublease with Lions
Club, Regional Municipality of Niagara and the City.
A by-law to amend By-law No. 79-2000, as amended. (Lutheran
Homes) - Report PD-91-05 adopted by Council January 14th, 1991.
A by-law to amend By-law No. 85-238. (Site Plan control).
A by-law to amend By-law No. 79-200, as amended. (Greenway
Estates) - Report PD-90-151 adopted by Council Noven~3er 12th,
1990.
A by-law tea mend By-law No. 79-200, as amended. (River Realty)
- Report PD-90-151 adopted by Council November 12th, 1990.
(HANDOUT) A by-law to Authorize the Execution of Easements
(Menchella Brothers Limited)
(HANDOUT) A by-law to authorize the execution of a lease
agreement with Tony Barranca and Vincent D'Agostino respecting
The Cumberland Mews. (Report B-91-15, Office Space for
Infrastructure Needs - Adopted by the City Council on February
18, 1991.)
A by-law to amend By-law No. 90-329 (Interim Control By-law)
as amended - Re: Application IMC 12/91.
A by-law to authorize the execution of an agreement with
Stephens and Rankin Inc. for local improvement road
reconstruction on Duke Avenue, Arthur Street and Motden Drive.
(HANDOUT) A by-law to authorize the execution o~ an agreement
with Fernview Construction Limited for the supply of equipment
for the City's Landfill Site.
A by-law to authorize the execution of an agreement with Brian
Theme carrying on business as Golden Horseshoe Pest Control
for rodent control services.
A by-law to authorize the execution of an agreement with Sacco
Construction Limited for storm sewer, road reconstruction and
streetscaping on Oneida Lane.
A by-law to provide monies for general purposes.
The motion Carried with the Alderman Hlnsperger abstaining from the vote on By-
law No. 91-76, and By-law NO. 91-77 on a Conflict of interest previously recorded
under Report MW-91-86, and Report No. F-91-13; and with all others voting in
fayour.
ORDERED on the motion of Alderman err, and seconded by Alderman Campbell, that
the following by-laws be now read a second and third timex
NO. 91-46
A by-law to authorize the execution of an agreement with
Canadian Corps of commissionaires (Hamilton).
- 11 -
No. 91-62
No. 91-63
No. 91-64
No. 91-65
No. 91-66
No. 91-67
No. 91-68
A by-law to establish certain road widehinge and daylighting
triangles as public highways.
A by-law to authorize the execution of an agreement with Malone
Given Parsons Ltd. respecting a Tourism Master Plan Study.
A by-law to authorize the execution of a headlease with the
Lions club of Niagara Falls (Ontario), Canada.
A by-law to authorize the execution of a sublease with Lions
Club, Regional Municipality of Niagara and the City.
A by-law to amend By-law No. 79-2000, as amended. (Lutheran
Homes) - Report PD-91-05 adopted by Council January 14th, 1991.
A by-law to amend By-law No. 85-238. (Site Plan Control).
A by-law to amend By-law No. 79-200, as amended. (Greenway
Estates) - Report PD-90-151 adopted by Council November 12th,
1990.
No. 91-69
No. 91-70
No. 91-71
A by-law teamend By-law No. 79-200, as amended. (River Realty)
- Report PD-90-151 adopted by Council November 12th, 1990.
(HANDOUT) A by-law to Authorize the Execution of Easements
(Menchella Brothers Limited)
(HANDOUT) A by-law to authorize the execution of a lease
agreement with Tony Barranca and Vincent D'Agostino respecting
The Cun~3erland Mews. (Report B-91-15, Office Space for
Infrastructure Needs - Adopted by the City Council on February
18, 1991.)
No. 91-72
NO. 91-73
NO. 91-74
A by-law to amend By-law No. 90-329 (Interim Control By-law)
as amended -.Re: Application IMC 12/91.
A by-law to authorize the execution of an agreement with
Stephens and Rankin Inc. for local improvement road
reconstruction on Duke Avenue, Arthur Street and Motden Drive.
A by-law to authorize the execution of an agreement with Nisus
Construction Limited for the supply of equipment for the City's
Landfill Site.
NO. 91-75
NO. 91-76
A by-law to authorize the execution of an agreement with Brian
Theme carrying on business as Golden Horseshoe Pest Control
for rodent control services.
A by-law to authorize the execution of an agreement with Sacco
Construction Limited for storm sewer: road reconstruction and
streetscaping on Oneida Lane.
No. 91-77 A by-law to provide monies for general purposes.
The motionSwith the Alderman Hlnsperger abstaining from the vote on By-
law No. 91-76, and By-law No. 91-77 on a conflict of interest previously recorded
under Report MW-91-86, and Report No. F-91-131 and with all others voting in
favour.
NEW BUSINESS
Increased Tonnaae on International Bridaes
Alderman Orr questioned whether with the increased amount of vehicles crossing
our International Bridges, if there could be a problem regarding the tonnage on
the bridges. Alderman Ward noted that the more weight on the bridges, the
stronger they are.
- 12 -
1991 Ontario ~ood Roads Association Conference Report -
ORDERED on the motion of Alderman Ward, and seconded by Alderman err, that the
report be received and filed. Carried Unanimousiv.
Nabisco Strike
Alderman Hendershot inquired whether the Mayor's office could offer any further
assistance with reference to the Nabisco strike, before the situation becomes
irreconcilable - His Worship Mayor Smeaton stated no one had responded to any
further offers of assistance from the Mayor's office, in the matter.
13 -
It was moved by Alderman Ward, seconded by Alderman janvary, that the meeting
adjourn. Carried Unanimousiv.
READ AND ADOPTED,
New SloQan for Niaqara Falls
Alderman Hendershot noted that the new slogan through the Niagara Falls Marketing
Board is - "We'veGot the Edge", as submitted by Mrs. Zimmerman of Niagara Falls.
Health Care Centre Correspondence
Alderman traitor complimented the Deputy City Clerk on the letter that was
drafted to Dr. France Gaze with reference to the Bilingual Health care Centre.
Christmas Lights
Alderman craitor informed that he had received several telephone calls from his
constituents questioning why the Christmas lights are left on until the end of
February. His Worship Mayor Smeaton stated that we are the host city of the
Festival of Lights, and the festival concludes at the end of February.
Alderman err stated in the Downtown area, the Christmas tree lights, decorations,
and upkeep are provided and paid for by the Downtown Business Association - it
prolongs the tourist season and is a means of providing jobs for local people
during the winter months.
Alderman Ward noted that the Visitor & convention Bureau is negotiating with a
local company to assume responsibility for the Festival of Lights, which could
result in a far better festival of lights, and the possibility of a shorter one.
1990 Totals
Alderman campbell questioned Report No. CD91-18 - Summary of 1990 Totals -
Is it possible for us to assist service clubs in becoming a self-ruling body?
The matter was referred to Clerk's Department who will survey what other
municipalities are doing regarding the matter.
Conference Re~rt
Alderman Janvary asked when the Conference Report would be available and the
Chief Administrative Officer stated that the report would be presented along with
the Budget, the week before April 8th, 1991.
Alderman Janvary stated that Council is being critized for sending
representatives to various conferences - she noted that conferences give an
opportunity to Staff, and Aldermen to be updated and informed on new methods,
ideas, which are benefisial to Council in helping run this City.
ELEVENTH MEETING
Committee Room #1
April 8th, 1991
Council met on Monday, April 8th, 1991, at 7:00 p.m., in Committee of the
Whole. All members of Council, with the exception of Aldermen Hinsperger and
Ward, who were away on vacation, and Alderman Janvary, who was away due to
personal business, were present. Alderman Orr presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
/K,DEPUTY CITY CLERK '
PLANNING MEETING
Council Chambers
April 8th, 1991
council met on Monday, April 8th, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of Council, with the exception of
Aldermen Nineperger and Ward, who were away on vacation, and Alderman Janvary,
who was away due to personal business, were present. His Worship Mayor Smeaton
presided as Chairman. Alderman Sherat offered the Opening Prayer.
REPORTS
PD-Sl-46 - Chief Administrative officer - Re: Proposed Zoning By-law Amendment
Application -AM-4/Sl- Semi-detached dwelling - G. Convertini, 6170 Dixon Street.
The report recommends the following:
1. That Council support the amendment to the Zoning By-law to permit the
construction of a semi-detached dwelling on the property, provided each
dwelling unit is constructed having an attached garage, and the
modification required to the provision regulating maximum driveway width;
2. That Council direct staff to prepare the by-law for enactment at a
subsequent council meeting;
That the applicant and the Regional Municipality of Niagara be advised
accordingly.
Communication No. 80 - Regional Niagara - Planning and Development Department.
The communication expresses concerns with respect to servicing, and suggests
that comments of the Regional Public Works Department be considered prior to
reaching a decision.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Director of Planning & Development advised that the Notices of the Public
Meeting had been forwarded by prepaid first-class mail on March-Sth, 1991, 30
days ago.
His Worship Mayor Smeston received a negative response to his reguest for a show
of hands by persons present who were interested in the application. He reguested
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.
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the applicant or his agent, in fayour of the proposal, and
His Worship received a positive response to his request for comments from those
opposed to the application.
The Director of Planning & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-36: ZoningAmendment Application; Surrounding Land
Use: Comments from the Public Notification Process; and Planning Review.
Mrs. Eva Kandler, who resides at 6566 Drummond Road, was represented by her
daughter, who expressed concerns regarding drainage problems, as her mothsr's
property runs onto Mr. Convertini's property.
Staff reported that the Engineer has addressed the drainage problem and that a
drai~ would be required to ensure that there would be no impact on adjoining
property.
Mr. Convertini.stated that the.building will be located on the front of the
property facing Dixon and first 60 foot frontale will be up, and garages will
go on a straight end, with sump pumps or natural drainage.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. carried Unanimously.
PD-91-~5 - Chief Administrative Officer - Re: Zoning By-lawAmendment Application
AM-5-91, Temporary Accommodation (KOA Campground), 8625 Lundy's Lane. The report
recommends the following:
That council support the amendment to the Zoning By-law to permit the use
of unserviced cabins for overnight accommodation, subject to provisions
which limit the maximum gross floor area of the cabins to 233 sq.m. (248
sq. ft.) and the maximum number of cabins permitted to 35% of the
unserviced sites.
2)
That Council direct staff to prepare the necessary by-law for enactment
at a subsequent Council meeting;
3)
That the applicant be required to eliminate sources pf storm water
infiltration from the entire property into the sanitary sewer system to
the satisfaction of the Municipal Works Department;
4)
That the applicant and the Regional Municipality of Niagara be advised
accordingly;
That Council direct staff to review the provisions of the city's CE zone
for the purpose of permitting cabins in all camping establishment zones.
Communication Nu. 81 - Letter from Regional Niagara Planning and Development
Department. The communication expresses having no objection to the proposal.
Communication Mo. 82 - Letter from Public Works Department. The communication
indicates having no objections to the proposal, subject to retrofitring.within
the site.
Communication No. 83 - Letter from J.C. Waleh, Bngineering Officer, CNR. The
communication expresses concerns regarding residential developments in the
immediate vicinity of rail operations.
His Worship Mayor Smeaton declared the Public Meeting open and stated that the
same prnoedure would be followed as in the previous application.
- 3 ~
The Director of Planning & Development advised that the Notices of the Public
Meeting had been forwarded by prepaid first-class mail on March 8th, 1991, 30
days ago.
His Worship Mayor Smeatos received indication that Mr. Keyin Robins, Solicitor,
was in attendance on behalf of the applicant; as well as the applicant, Mr. J.D.
Willjams; 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-41: official Plan and Zoning By-law Amendment
Application; Surrounding Land Use: Comments from the Public Notification Process;
and Planning Review.
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the applicant or his agent, in fayour of the proposal; or
those opposed to the application.
Mr. Kevin Robins responded to questions raised and stated this is a normal
service to be provided to campers and that over 80% of the KOA campgrounds have
these types of camping cabins.
Alderman craitor questioned whether these cabins would be a temporary or a year-
round situation.
Mr. Willjams stated that the cabins are intended to be temporary facilities,
with a maximum 2 weeks' stay~ and that they close on October 31st, 1991.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting closed.
ORDERED on the motion of Alderman Orr~ seconded by Alderman cowan, that the
report be received and the application approved. Carried U~.
PD-91-~7 - chief Administrative Officer - Re: Zoning By-lawAmendment Application
AM-7-91 - Niagara Go-Karts Inc., 7104 Kinsmen Court - Mini-Putt Facility. The
report recommends the following:
1) That Council support the amendment to the Zoning By-law to permit the
extension of the existing non-conforming amusement use onto lands which
are to be leased from the Ministry of Transportation and to permit the
extension of the existing amusement use to include a mini-putt facility;
2) That the subject lands be placed under the Site Plan Control to address
grading, lighting, fencing, stormwater management;
3) That Council direct staff to prepare the amending by-laws for enactment
at a subsequent Council meeting;
4) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
Communication No. 8~ - Regional Niagara, Planning and Development Department.
The communication expresses having no objection to the proposed expansion.
Communication NO. 85 - Regional Niagara, Public Works Department. The
communication expresses having no objection to the proposed expansion.
His Worship Mayor Smeaton declared the Public Meeting open and stated that the
same procedure would be followed as in the previous application.
The Director of Planning & Development advised that the Notices of the Public
Meeting had been forwarded by prepaid first-class mail on March 8th, 1991, 30
days ago.
- 4 -
His Worship Mayor Smeaton received indication that Mr. Patrick Robson, was in
attendance on behalf of the applicants; and received a negative response to his
request for a show of hands by persons present who were interested in the
application. Me 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-40: Official Plan and Zoning By-law Amendment
Application; Surrounding Land Use: Comments from the Public Notification Process;
Planning Review and Site Plan Review.
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the applicant or his agent, in favour of the proposal; but
there was a positive response from those opposed to the application.
Mr. Rudy Tychynaki, 7130 Kinsmen Court, indicated that he was opposed to the
proposed amendment for the following reasons, the amount of dust that was created
from traffic leaving the track, erratic driving, littering, and urinating on the
premises, the increase of rats in the area as a result of increased garbage from
the go-kart track.
He also stated that with the new proposal there would be an increase of noise,
vibrations, fumes and dust problems, and he felt that if the proposal went forth,
he would undertake to recoup any and all loses incurred, due to an increase in
the amount of people at the proposed mini-putt.
Mr. Robson responded to questions raised, and specifically addressed Mr.
Tychynski's concerns and assured that the applicants would become more vigilant
now that they were aware of the problems that had been raised.
Mr. Tychynski stated that the proponents have had problems outside their control
and noted that they have been very good neighbors, but he feels that the proposal
is adding to an already existing offensive situation.
Since no further comments were forthcoming, His Worship Mayor smeaton declared
the Public Meeting closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that the
report be received and the application approved, subject to site plan control.
It was further recommended that Mr. Rudy Tyehynski be involved in the site plan
control process. The motion Carried with the following vote~
AYE: Aldermen Campbell, cowan, Cummings, Hendershot, Hopkins, and err.
NAYE= Alderman Craitor, Puttick and Sherat.
PD-91-49 - Chief Administrative Officer - Re: Zoning By-law Amendment Application
AM-12-91 - Niagara Citizens Advisory Committee to the correctional Service of
Canada, 4809 Zimmerman Avenue. The report recommends that council not support
the amendment to the Zoning By-law to permit the proposed community Residential
Resource Centre.
Communication No. 86 - Letter from Mr. William Andres and Mr. Robert Ciupa,
Niagara Citizens' Advisory Committee, 8881 Thorold stone Road. The communication
informs of the efforts of the Niagara citizens' Advisory Committee in
establishing a Community Residential Facility for Federal Parolees at t~e site
of 4809 Zimmermen Avenue.
Cemmunieation No. 87 - Letter from Reverend Glen Bresee,, Rector, Christ Church -
The communication expresses support to the proposed re-zoning.
Communication No. 88 - Letter from Mrs. Rose Zanini, Rose Apartments, 4823
Zimmerman Avenue - The communication expresses opposition to the proposal.
Communication No. 89 - Letter from Janet Greatfix - 8648 Argyll Crescent - The
con~unl~ation expresses concern to the proposed aunendment.
- 5
Communication NO. 90 Letter from Mr. Cyril L. J. MeGinn, Ministry of
Correctional Services. The communication states that the Ministry is not
involved in this application and would not be sending a representative to the
public meeting.
Communication No. 91 - Letter from Regional Niagara Planning and Development
Department. The communication advises that the Region does not have enough
information, with respect to the group home policies to make comments on the
application.
communication No. 92 - A 9-page petition headed by Colleen Sredin, 4701 River
Road. The petition is signed by approximately 143 persons voicing their
objection to the proposed Rehabilitation Home.
Communication No. 93 - A 2-page petition headed by Nancy Brzozowski, 4455 Ellis
Street. The petition is signed by approximately 50 persons expressing
disapproval of the proposed Rehabilitation Home.
Communication No. 94 - Letter dated March 15, 1991. The communication objects
to the development of the proposed Rehabilitation Home.
communication NO. 95 - Letter from carolyn and Gary Burke, 4851 River Road. The
communication expresses concerns regarding the proposed Rehabilitation Home.
COmmunication No. 96 - Letter from Marie R. Legace, 5057 River Road. The
communication expresses Concern for the proposed Rehabilitation Home.
Communication No. 97 - Letter from Gary Rosenfeld, Executive Director, Victims
of Violence International. The communication informs and discussee the tragedies
that have occurred at other halfway houses.
communication No. 98 - Letter from Social Planning COuncil of Niagara Falls.
The communication comments on the proposed Community Residential Resource centre.
Communication No. 99 - (HANDOUT) - Letter from Joyce H. crysler, 4770 Morrison
Street - The communication expresses concern over the proposed Rehabilitation
Home.
Communication No. 100 - (HANDOUT) - Letter from Mrs. Jill Gibb, 4347 Sampfield
Street (Family and Children's Services Niagara - FACe). The communication
expresses concerns with respect to families with young children and seniors over
the proposed Rehabilitation Home.
Communication No. 101 - (H~d~DOUT) - Letter from Downtown Niagara Falls Board of
Management. The communication expresses concern about the by-law change to the
property known as 4809 Zimmerman Avenue.
Communication No. 102 (HANDOUT) - Letter from Mr. Herbert Holfeuer, 4400
Morrison Street. The communication expresses concern regarding the proposed
group home for el-convicts.
Communication No. 103 - (HANDOUT) Letter from Mr. James M. MacLatchie,
Executive Director, the John Howard Society of Canada. The communication advises
that the John Howard Society supports the establishment of halfway houses for
Federally sentenced offenders, but that such facilities need not he under John
Howard Society auspices.
His Worship Mayor Smeaton declared the Public Meeting open and stated that the
same procedure would be followed as in the previous application.
The Director of Planning & Development advised that the Notices of the Public
Meeting had been forwarded by prepaid first-class mail on March 8th, 1991, 30
days ago.
His Worship Mayor Smeaton received indication that Mr. Victor Muratori,
Solicitor, from the firm of Sullivan Mahoney, was in attendance on behalf of the
citizens opposed to the application; and received a positive response to his
rec/uest for a show of hands by persons present who were interested in the
application. His Worship 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 & Development discussed the subject property, and
reviewed the information contained in Technical Report No. PD-91-42; official
Plan and Zoning By-law Amendment Application; Comments from the Public
Notification Procees; Planning Review and Site Plan Control.
The Director of Planning and Development stated that there were major areas of
concern as to whether the proposal fits into the Planning Program, would it be
compatible with the type of accommodation proposed for 20 individuals plus staff.
He stated that group homes are a type of accommodation that provide a structured
living environment to a maximum of 10 residents, but the By-law states a maximum
of 8 residents, which does not comply with the city's group home policies, and
that the proposed occupancy levels are in excess of permitted land use in the
neighborhood. He noted it was the conclusion of staff that the proposed zoning
amendments would not be compatible, both from a physical and social impact
perspective and were not recommending approval of the facility.
Mr. Scott MoKinnon, addressed council in support of the application and stated
that given the opportunity paroled individuals could change.
There was a positive response to Mayor Smeaton's request for comments from
persons, other than the applicant or his agent, opposed to the application.
Mr. Victor Muratori, addressed Council on behalf of the concerned citizens in
Niagara Falls regarding the proposed Community Residential Resource Centre.
Mr. Muratori referred to the Community Resident Facility standards, published
Nove~er 3, 1989, and to the Ontario Group Homes Resource Manual, published in
1983, which dealt with and defined the various types of group homes.
Mr. Muratori discussed the incompatibility of the facility in a residential
neighborhood; stating the facility should be located in an institutional
neighborhood, having parolees living together in a controlled environment. In
summary, Mr. Muratori stated that contrary to the Official Plan, the proposal
could not be passed as such and that the application was grossly premature.
Mr. Doug Embelton, a resident of Chippawa, expressed concern regarding the
proposed Comaunity Residential Resource Centre and addressed two "common sense"
issues. The first was the redevelopment of Niagara Falls north of Bridge Street,
plans for Rosbergs as a possible Senior citizensApartment Build~ng, with stores
located on the lower level, and noted what investor would invest in the downtown
area if this resolution was passed. Mr. Embelton stated that the focus
in Niagara Falls is more towards touriBm and less for industry, and if a
potential threat is placed on the Niagara Parkway, what will happen to the
revenue that Niagara Falls is receiving from the tourist industry.
Mrs. Margaret Nagy , Executive Director, Downtown Board of Management, e~pressed
concern about the by-law change to the property known as 4809 Zimmerman Avenue.
She stated that in the last 8 years, City officials have asked the business
community to be partners with them in the revitalization of the business section,
from Victoria Avenue on the west, River Road, Bridge Street South. The long-
term goal is to establish an up-graded area for the shopping and service needs
of toUristS and local shoppers, also the addition of the Ministry of Tourism
being built in the area is the needed boost to bring all the amenities together.
Mrs. Nagy stated that the Downtown Board of Management, in efforts to revitalize
the River Road area has sent out over 750 letters to possible developers and
businesses to promote this area for redsvelopment, and it is for this reason,
the Downtown Bosrd of Management opposes the change to thie land use for a
halfway house in the area, as it does not fit in with the business, tourist needs
tha~ will develop in the downtown.
- 7
The following residents were in attendance to oppose the amendment:
Mr. Rob McKay, 4755 Zimmerman Avenue; Mr. Gerhard Grau, 4323 Ellis Street;
Mrs. H. Halfsuet, 4400 Morrison Street; Mrs. Rodriguez, 4286 Simcoe Street;
Mrs. L. Sicilieno, 4917 River Road; Mrs. Brzozowski, 4455 Ellis street;
Mr. otto Sindeist, 4255 Ellis Street; Mr. Gary Taylor, 4252 Morrison Street;
Mr. John Garrett, 4337 Simcoe Street; Mrs. C. Burke, 4851 River Road;
Mr. Daniel McRae, 4838 Erie Avenue; Mr. Gordon Filet; Mrs. Linda Eberhart, 4703
Simcoe Street. They expressed concerns regarding safety of their children and
senior citizens, the impact of the facility and image of their neighborhood, the
money and effort put into improvements to homes in the area; the particular
proposal is not in keeping with the area; the facility could be better utilized
as a home for battered women, unwed mothers; the success rate could be 96%, but
the residents are afraid of the failure rate and they do not wish to live with
the odds; not a positive environment for 20 parolees under one roof; the parolees
are returning to a community which will not be supportive of them.
Mr. J. Craig, 6664 Willinger Street, indicated that most parolees are out in
society long before their prison terms are due to expire, and the proposed number
of individuals for this residence could be hardened criminals.
Mr. Robert Ciupa, Vice-President, Niagara Citizens' Advisory Committee gave a
brief history of the organization which was founded in March, 1981.
Mr. Ciupa stated that two main concerns of parolees are, the inability to find
employment and community support. He reported that his organization has worked
with 175 el-offenders and over 80% have successfully gone on to higher education,
but also noted that 6% were re-incarcerated.
Mr. ciupa discussed Absolute Pallet & Crate, which is an incorporated company,
with a Board of Directors, owned by the Niagara Citizens' Advisory committee and
provides employment for parolees. Me stated that under the terms of the contract,
parolees are paid at a rate of 80% of the going rate, that 66% is spent in
production and the remainder of the time is spent in a training facility.
Mr. Ciupa stated the property on Zimmerman Avenue was close to the pallet plant,
the purchase price was within the budget limitations, and the site best met the
criteria of the Advisory Committee.
Mr. Don Morgan of the Niagara Citizens' Advisory Committee introduced Mr. Jim
Wells of the John Reward Society, who works with parolees. Mr. Wells addressed
Council to clarify the John Howard Society's position on recent statements made
to the news media.
(Mr. Wells was present to address Council on the invitation of Alderman err).
Mr. Ciupa responded to questions raised regarding whether the Citizens' Advisory
CoFeittee could go ahead with the project without Council approval; whether Post
Office Building had been taken into consideration for purchase; what were the
standards under which halfway houses operate;criteria over parolees.
The Solicitor commented on federal Jurisdiction, and stated that further
examination of whether the federal government has the authority to circumvent
lonal municipal laws will be looked into.
His Worship Mayor Smeaton requested that any new items pertaining to the
application be presented. Since no further comments were forthcoming, His Worship
Mayor Smeaton declared the Public Meeting closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman cummings, that the
report be received and adopted. Carried Unanimously
· , , , ,
Mls Worship Mayor Smeaton declared a 5-minute adjournment at 10515 p.m.
Following the recess, Council reconvened at 10520 p.m. for the balance of the
meeting.
· , , , ·
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PD-91-34w Chief Administrative Officer - Re: PCS Chemical Destruction at Three
Niagara Falls Electrlc Commission Locations: Site i - Armoury Street and Victoria
Avenue; Site 2 - Swayze Drive (near Sinnicks) Station 18~ Site 3 - 7447 Pin oak
Drive - Niagara Falls Hydro Main Yard. The report recommends the following:
That council offer no objections to the proposal regarding the
decontamination of PCH's at the 3 noted locations, conditional upon:
the proponent notifying the Fire Chief of the actual commencement
of the decontamination process for each site, the quantity of oil
and a contact person (telephone number) where the applicant can be
reached during and after operation hours,
{b) ~meeting all applicable MOE standards and utilizing HOE approved
technology,
obtaining prior approval of the City, if municipal water or sewers
are to be used,
(d) the proponent notifying the Regional Health services Department;
That Council notify the MOE (Hamilton office) and the proponent regarding
recommendation number 1, that no other local permits are required;
3. That the 30-day notification period may be waived;
e
That Council request Rondar Inc. to notify area residents, commercial
businesses and school boards within 200 feet of the site operation, 48
hours prior to commencing operations, with a brief explanation of the
operation and a contact name and telephone number to address possible
concerns.
ORDERED on the motion of Alderman Puttick, and seconded by Alderman Sherat, that
the report be received and adopted. carried Unanimously.
PD-91-43 - Chief Administrative Officer - Interim Control Amendment Applications
IMC-01/91 to IMC-11/91 (inclusive) and IMC-13/91. The report recommends the
following:
1)
That Applications IMC-01/91, IMC-03/91, IMC-04/91, IMC-06/91, IMC-07/91
and IMC-13/91 be approved eubJect to the conditions and reasons noted in
thie report; ~
That Applications IMC-01/91, IMC-05/91, IMC-08/91, IMC-09/91, IMC-10/91
and IM0-11/91 be refused for the reasons noted in this report;
That Council direct staff to prepare the necessary by-laws, for the
applications stated in Recommendation 1, for council adoption at its
meeting of April 15, 1991;
That Council direct staff to proceed with the study which is a requirement
of the passing of the Interim Control By-law.
His Worship Mayor Smeaton received indication that Mr. Brian Sinclair, Solicitor,
was in attendance on behalf of the Applications for 02/91; 03/91; 04/91 and
05/91.
Mr. Sinclair stated that he agreed with the Recommendation for Application
IMC 02/91; IMC 03/91; IMC 04/91 and that he generally agrees with Application
IMC 05/91, except for Plan 5128, parts 9-18 interim control should be left. Mr.
Sinclair st&ted that IMC 10/91 and IMC 11/91 should go through.
His Worship Mayor Smeaton received indication that Mr. Sterling Wood, Solicitor
was in attendance on behalf of Applications 01/91; 08/91 and 09/91.
- 9
Mr. Wood stated that the grandparents wished to pass the property on to their
three granddaughters, who wish to build on the three lots. He advised that all
tests were taken and complied with, but they did not go through land division
committee. It would be unfair to the grandchildren to wait because others had
been abusive. Mr. Wood stated that these were family lots and that Council
consider their application separately.
Mr. Rick Katt referred to Part Lot #1, and that at the time of purchase, he had
received a letter stating various conditions he had to comply with to obtain a
permit. Mr. Katt stated that he has 4 acres of land between homes and has
nothing to do with it.
There was a negative response to Mayor Smeaton's request for any further comments
or questions regarding the applications.
The City Solicitor cautioned council that the study to properly assess the impact
in the Willoughby and Crowland area, particularly development taking place by
testamentary devise, be allowed to continue, and to ensure that the outcome of
the study is not jeopardized by exemptions to the Interim Control By-law, because
if every exemption was granted there would be many appeals to the zoning By-law
amendment.
Alderman Campbell stated that he supported the Interim Control By-law on the
basis of improper use of testamentary devise.
The city Solicitor reminded council that the government has passed Bill C25 to
stop all testamentary devise and suggested that Council wait until the City's
study is completed.
ORDERED on the motion of Alderman Campbell, and seconded by Alderman Cowan, that
the report be received and adopted, except for Schedule 5, IMC 01, 08 and 0g/91.
The motion was Defeate__~dwith the following vote:
AYE: Aldermen Campbell, cowan, Cummings, and Sherat.
NAYE: Aldermen Craitor, Henderehot, Hopkins, Orr and Puttick.
, , , , ,
It was moved by Alderman Hopkins, seconded by Alderman Hendershot, that approval
be granted to proceed past 11:00 p.m. The motion carried with the following
vote=
AYE: Aldermen Campbell, cowan, Cummings, Hendershot, Hopkins, Puttick and
Sherat.
NAYEl Aldermen Craitor and Orr.
, , , , ·
The city solicitor discussed Hill C25, regarding land severance and stated that
if a person had passed away prior to July 27th, 1990, the land cannot be severed.
Therefore the three APplications 01/91; 08/91 and 09/91, would apply subject to
municipal zoning by-laws.
After further discussion, it was ORDERED on the motion of Alderman Orr, seconded
by Alderman Hopkins that the report be received and adopted. The motion carried
with the following votes
AYE~ Aldermen traitor, Hendershot, Hopkins, Orr and Puttick.
NAYE~ Aldermen Campbell, Cowan, Cummings, and Sherat.
PD-91-44 - Chief Administrative Officer - Proclamation of Arbor Day, Earth Day
and World Environment Day. The report recommends the followings
1. That Council adopt the Arbor Day, Earth Day and World Environment
resolutions appearing on'tonight,8 council agenda;
- 10 -
2. That the Mayor Or his representative be requested to plant a tree at a
local school with a representative of the local school and Nature club;
3. That staff report to the Environmental Planning & GreeninS committee and
council at a later date on planned Environment Week activities;
4. That school grouper private industries and Niagara Falls citizens he
encouraged to plant a tree in henour of Arbor Day and to participate in
any activities planned for Arbor Day, Earth Day and World Environment Day.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the
report be received and adopted. Carried UnanimsuslV.
See Resolution
Nee. 15, 16, and 17.
PD-91-48 - Chief Administrative Officer - Street Name Committee, Naming Original
Netherby Road Allowance "Durliat Road". The report recommends the following:
1)
That Council authorize the City Clerk to proceed with the required
notification and public meeting, in co-operation with the Town of Fort
Erie, to consider the name "Durliat Road" for the currently unnamed portion
of the original Netherby Road allowance;
2)
That the appropriate approval be received from the Town of Fort Erie for
the name change on this boundary road.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the
report be received and adopted. Carried Unanimously.
CD-91-26 - Chief Administrative Officer - "The Katharina Plan of Subdivision"
(Revised). Owner: Katharina Mikulcic & 642217 Ontario Ltd. (Mr. Herman Damore).
The report recommends the following:
l)
That the revisions to The Katharina Plan of Subdivision be approved subject
to the Conditions enumerated in this Report.
That the concerns expressed in the comments of the Planning & Development
Department in the MemOrandum dated March 19, 1991, in respect to Ministry
of Transportation lands adjacent to this Subdivision, be endorsed and that
a Copy of this Report be forwarded to the Ministry of Transportation, the
Ministry of Natural Resources and the Niagara Penlns.ula Conservation
Authority for their information.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the
report be received and adopted· Carried Unanimously.
CD-91-27 - Chief Administrative Officer - AM-30/90 - Restricted Area By-laws
#91-34 and #91-35, QEW Mount Properties Inc., Mountain and Mewburn Roads· The
report recommends that Council reaffirm its approval of By-laws #91-34 and #91-
35 in order that the Clerk may notify the Ontario Municipal Board at the same
time as he forwards the By-laws and the letter of objection to the Board with
the request for a hearing.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the
report be received and adopted. carried Unanimously.
B-gl-18 - chief Administrative Officer - Site Plan Approval - Proposed Brookside
Village Co-Operative - 64 Unit Townhouse Development North side of MoLeod Road,
East of Kalar Road (AM-21/90) - By-law 90-274 and By-law 90-275, Site Plan
Control 91-04. The report recommends that council approve the site plan(s) on
display. at tonight'e meeting, being a proposed 64-unit townhouse development,
- 11
servicing Plan being drawing number 90-056-Sl, and the Manhole Profile's being
drawings number 90-056-Cl, C2 and C3 and the Electrical Site Plan being drawing
number E1 of 4 and filed with the Suildings and Inspections Department Of the
City of Niagara Falls on March 13, 1991 and that such approval be subject to the
following conditions:
a)
That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the City) the
following facilities and works shown on the said site plan(s).
Two access ramp(s) to provide ingress and egress between the property
and McLeod Road which shall be in the location and of the width shown
on the Site Plan together with the curbings shown on the Site Plan.
90 off-street parking spaces and the access driveway, all having
dimensions and being in the locations shown on the Site Plan and
which shall be surfaced with hot mix asphalt or approved equivalent,
together with all of the curbings shown on the Site Plan.
Concrete sidewalks of the dimensions and in the locations shown on
the Landscape Plan.
b)
Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential or institutional districts or uses and away from
traffic or adjoining roadways.
The fence, trees, shrubs, and other landscaping of the types and in
the locations shown on the Landscape Plan to be constructed.
The facilities for the storage of garbage and other waste material
in the location shown on the Site Plan, which shall be surfaced with
concrete or equivalent to be constructed.
Such grading or alterations in elevation as shall be necessary to
provide the elevations on the Grading Plan together with all of the
facilities and works for the disposal of storm, surface and waste
water shown on the-Site Servicing Plan.
The dedication of 5.18 metres (17 feet) of land for road widening
5o the' City along the property's frontage on McLeod Road.
The installation of a 1.5 metre (5 feet) wide sidewalk along the
property's frontage on McLeod Road.
and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expense of the owner the facilities or works
mentioned in paragraphs 1, 2, 3, 4,5, 6, 7, 8 and 9 of clause (a} above,
including the removal of snow from access ramps and driveways, parking and
loading areas and walkways.
o)
and further that the owner be required to enter into a site plan agreement
with the City dealing with the facilities, works and matters enumerated
above.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. ~S - BOFKIMS - COWAN - RESOLVED that Council of the city of Niagara Falls,
on the eighth day of April, 1991, agreed that Friday, April 19, 1991, designated
as Arbor Day in the City of Niagara Falls; AND the Seal of the Corporation be
hereto affixed·
·..11
· ..12
12 -
No. 16 - HOPKXNS - COWAN - RESOLVED that the Council of the City of Niagara
Falls, on the eighth day of April 1991, agreed that June 5, 1991 be designated
as World Environment Day in the City of Niagara Falls; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 17 - HOPKINS - COWAN - RESOLVED that the council of the City of Niagara
Falls, on the eighth day of April 1991, agreed that April 22, 1991 be designated
as Earth Day 1991 in the city of Niagara Falls; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
ChiDpawa Creak Cleanu~
NEW BUSINESS
Alderman Hopkins informed that all are welcome on April 22nd, 1991 to Stanley
and chippawa Creek to clean up the area running along chippawa Creek.
* , , , , ,
It was moved by Alderman Cummings, seconded by Alderman Headershot, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
TWELFTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
April 15th, 1991
Council met on Monday, April 15th, 1991, at 4:30 p.m., in Committee
of the Whole. All members of Council, with the exception of Alderman Hinsperger,
who was away on vacation, were present. Alderman Puttick presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose to report in open session.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
April 15th, 1991
Council met on Monday, April 15th, 1991, at 7:30 p.m., for the purpose of
coneidering regular business. All members of Council, with the exception of
Alderman Hinsperger, who was away on vacation, were present. His Worship Mayor
Smeaton presided as Chairman. Alderman Cowan offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman err, seconded by Alderman Sherat, that
the minutes of the meeting held March 18th, 1991, be adopted as printed, and that
the minutes of the Planning Meeting, held April 8th, 1991 be adopted as printed.
Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Hendershot, declared a conflict of interest on Report No. F-91-
15, Cheque Nos. 66718 and 67105, because he is employed by the company.
Alderman cummings, declared a conflict of interest on Report No. F-91-15,
Cheque No. 66606, because he is employed by the company.
Alderman Sherat, declared a conflict of interest on Report No. F-91-15,
Cheque No. 66606, because he is employed by the company.
Alderman Janvary, declared a conflict of interest on Report No. F-91-15,
Cheque NO. 66574~ because a family member is involved, and Cheque No. 66718,
because she works for the Board.
Alderman Ward, declared a conflict of interest on Report No.
MW 91-104, because he has a business interest, and declared a conflict of
interest on Report No. F-91-15, Cheque No. 66716, because he has a business
relationship.
Alderman campbell, declared a conflict of interest on Report No. F-91-15,
Cheque No. 66967, because the organization is a client.
Alderman Hopkins, declared a conflict of interest on Report No. CD-91-23,
because hie employer has a business interest.
Aldermen Cummings and Sherat, both declared conflicts of interest on
Communication No. 11, be$ause their employer ie involved in the project.
~ 2
DEPUTATIONS
Hie Worship Mayor Smeaton welcomed Mr. Allen Gasdell, General Manager of
the Niagara Falls Bridge Commission. Mr. Gasdell stated that two and a half
years ago a study was undertaken to review the cross-border traffic levels over
the bridges, and this study was culminated last November, with the resulting 30-
year expansion plan for Niagara's International Bridges.
Mr. Gasdell reviewed the Niagara Falls Bridge Commission International
construction Report, and responded to questions regarding recent and anticipated
increases in bridge traffic, the impact of the Free Trade Agreement, QEW
widening, complaints from local merchants, the enhancement of the tourist region,
the collection of the GST, Provincial sales tax.
Mr. Gandell stated that the Commission will be meeting with the Federal
~nd.~rovincial Governments within a three to six-week timeframe, to discuss the
Eridge 6%mmi~sion International Construction Report.
ORDERED on the motion of Alderman Cummings, and seconded by Alderman
Janvary, that the matter be referred to staff, the chamber of Commerce and the
Visitor and Convention Bureau. Carried Unanimously.
Grandview Estates
The following matters were introduced by Alderman Puttick for discussion -
Grandview Estates Sewer Project and Contract for the Rental Equipment for the
Landfill Site. Alderman Puttick and members of Council expressed concern
regarding the work being performed to the underground services and the non-
compliance of specifications at the Grandview Estates Project.
The CAO stated that a full report on the subject will be brought to the
next council meeting.
Alderman Craitor stated that he wished to be present when the site would
be inspected. It was noted that all members of Council would be informed when
this process takes place.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
a full report be presented along with notification of an on-site review. ~arrie4
Unanimously.
COMMUNICATIONS
Ne. 104 - Margaret Barringtoe, MPP, Ministry of Bedslug. The communication
requests an opportunity to address Council for a "Provincial Update", and
requesting submission of any questions from Council or staff which she may be
able to address.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hendershot, that
the communication be received and adopted and that May 6th, 1991 be considered
as the date for Margaret Narrington to address council. Carried Unanimously.
No. 105 - Citisens* Forum On canada's Putore, Chairmen's Office. Re:
Proclamation. The communication challenges the City of Niagara Falls to proclaim
a Citizens' Forum Day in our community, and hold large group discussions, using
discussion kits provided by the Citizens' Forum.
ORDERED on the motion of Alderman Puttick, seconded by Alderman eraleer; that
the matter be referred to Alderman Puttick.
Carried Unanim~uslv.
No. 106 - The Niagara Regional Bikers Rights organization - Rex Proclamation.
The communication requests Council to proclaim the month of May Motorcycle Safety
and Awareness Month.
ORDERED on the motion of Alderman Bendershot, seconded by Alderman Ward, that
the request be approved subject to established policy, Carried Unanimously.
- 3
No. 107 - Department of Secretary of State, Judges Chambers, Court of Canadian
Citizenship. Re: Proclamation. The communication requests council to proclaim
the week of April 14th to April 20th, 1991 as "National Citizenship Week".
ORDERED on the motion of Alderman Nendershot, seconded by Alderman Ward, that
the request be approved subject to established policy. Carried Unanimousl .
After further discussion, it was recommended by Alderman Janvary that a letter
be sent to Judge Chambers, extending our hand of friendship to the new Canadian
citizens of Niagara Falls.
No. 108 - Fitness canada, Government of Canada, Fitness and Amateur Bport. Re:
Proclamation. The communication requests Council to proclaim the week of May
24th to June 2nd, 1991 as Canada's Fitweek.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the request be approved subject to established policy. Carried Unanimousl .
NO. 109 - Campaign Life COalition Niagara. Re: Proclamation. The communication
requests Council to proclaim the week of May 12th to May 19th, 1991 as "Respect
for Life Week',.
ORDERED on the motion of Alderman err, seconded by Alderman Sherat, that the
request be approved subject to established policy. The motion Qarried with the
following vote:
AYE:
NAYE:
Aldermen Campbell, Cowan, Craitor, Heedarcher, Hopkins, Janvary, err,
Puttick, Sherat and Ward.
Alderman Cummings.
j
No. 110 - The Niagara Falls & District Labour Council.
communication requests Council to proclaim April 28th,
of Mourning.
Re: Proclamation. The
1991 as a Workers' Day
His Worship Mayor Smeaton introduced Miss Janice Bishop, who spoke on behalf of
the Niagara Falls and District Labour Council and presented a brief report and
requested that Council proclaim April 28th, 1991 as a Workers' Day of Mourning.
ORDSRED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the request be approved subject to establiehed policy.
No. 111 - Chippaws Sports Association. Re: sic-Pitch Tournament. The
communication requests a Special Occasion Permit at the Chippaws Lion'e Club on
June 21st, 22nd and 23rd, 1991~
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the request be approved subject to the approval of the Regional Police
Department, the Niagara Falls Fire Department, the Regional Health services
Department, and the Liquor Licensing Board of Ontario. carried Unanimousl .
No. 112 - Greater Niagara Baseball Association Oldtimers Rez Sic-Pitch
Tournament. The communication requests a Special Occasion Permit at the Eouck
Park, Arthur Street On Saturday, August 17th, 1991 and Sunday, August 18th, 1991.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the request be approved subject to the approval of the Regional Police
Department, the Niagara Falls Fire Department, the Regional Health Services
Department, and the Liquor Licensing Board of Ontario. carri d Unanlmouel .
No. 113 - Regional Niagara, Planning and Development Department -Re: Proposed
Revised Policy Plan Amendments for Strategic Objectives, Urban Areas, and
Agricultural and Rural Area. The communication requests comments by June 7th,
1991.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
report be referred to Planning staff. Carried Unanimously.
see4
- 4
NO. 114 Ministry of the Environment Re: Niagara River Eydroelectric
Development, Environmental Assessment. The communication informs the report is
available for public inspection.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
report be referred to Planning Department and our Consultant Proctor and Redfern
for review. The motion Carried with Aldermen Cummings and Sherat abstaining from
the vote on a conflict of interest previously recorded and with all others voting
in fayour.
No. 115 - The city of Niagara Falls, Building Department - Re: BILD Report - Pre-
Permit Construction Starts Fee. The communication recommends that City Council
refer the attached report to staff for consideration and a further report to
Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan that the
report be received and adopted. Carried Unanimously.
No. 116 - The City of Niagara Palls, Building Department - Re: BILD Report -
Partial Occupancy Fee. The communication recommends that City Council refer the
attached report to staff for consideration and a further report to Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan that the
report be received and adopted. Carried UnanimousiV.
No. 117 - Family and Children's Services Niagara - Re: Wrongful Use of
Stationery. The communication states that the opinions expressed by Mrs. Jill
Gibb, are not the opinions of Family and children's services and that she did
not have authorization to use thelr stationery to convey her personal concerns
regarding a minimum security group home.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot that
the report be received and filed. Carried unanimously.
REPORTS
B-91-23 - Chief Administrative Officer - Re: Chippaws Revitalization strategy
Study. The report recommends the following=
That the "chippaws Revitalization Strategy Study" report be received and
adopted for use in the chippaws BIA area.
That the Chippawa/Welland River Marina Committee which was formed by
Council on February 19, 1990, be merged with the chippawa BIA Steering
Committee including representatives from Ontario Hydro, the Niagara Parks
Commission and Regional Niagara.
That the chippaws BIA Steering Committee be allowed to negotiate with
agencies and governn%ent bodies for approval of the proposed concepts and
the possibility of a cooperative funding scheme.
His Worship introduced Mr. Rick Brady of Proctor & Redfern, who presented an
overview of the Chippawa BIA Study area and presented concept proposaXs for
conunent.
Mrs. Shirley Fisher, addressed Council on behalf of the concerned c'itisens and
business people of the chippawa community. She spoke in opposition to the action
proposed by the study and stated that the storm sewers were a priority and should
first be addressed.
Mr. Blff Lent, Chairman of the BIA expressed his desire to see the Study proceed
as he had endorsed the matter.
ORDERED on the motion of Alderman cummings, seeended by Alderman Cowan that the
report be tabled for about two weeks, in order that .staff review the study.
Carried Unanimously.
NW-91-83 - Chief Administrative Officer - 1991 New Equipment Purchases. The
report recommends that staff be authorized to purchase various pieces of
equipment described in Appendix 'A' from bidders outlined, having a total value
of $1,054,019.44.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hendershot that
the report be tabled for two weeks. The motion parried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Hendershot, Hopkins, err, Puttick,
Sherat and Ward.
NAYE: Aldermen Cummings and Janvary.
MW-91-93 - Chief Administrative Officer - Re: Contract 91-114. Tender for Ellen
Avenue Parking Lot Reconstruction. The report recoaunends that the unit prices
submitted by the low tenderer, Economy Paving be accepted and this contract be
awarded.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Shetar, that
the report be received and adopted. Carried Unanimously.
See B -law No. 91-83.
See Resolution No.19.
NW-gl-gS - Chief Administrative Officer - Re: Contract 91-16.
T.V. Inspection of Sanitary Sewers. The report recommends that the unit prices
submitted by the low tendeter, Cam-Eye Sewer & Pipeline Inc., be accepted and
this contract be awarded, and that the By-law appearing on tonight's agenda be
approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-81.
MW-91-99 - Chief Administrative Officer - Re: Contract 91-17. High Pressure
Hydraulic Cleaning of Sewers & Culverts. The report recommends that the unit
prices submitted by the low tendeter, Trans Video Inspection Ltd. be accepted
and this contract be awarded, and that the By-law appearing on tonight's agenda
be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried UnanimouSly.
see B -law No. 91-80.
MW-91-10I - Chief Administrative Officer - 1991 Capital Budget Projects. The
report recommends the following:
That $1,065,000.00 be pre-approved from our 1991 Capital Budget for
proposed works on:
a) Cropp Street from Dorchester Road to Pettit Avenue;
b} Brock Street from st. Paul Avenue to St. Patrick Avenue;
c) St. Patrick Avenue from Brock Street to Stamford Green Drive;
d) Dorchester Road from Cherrygrove Road to Freeman Street;
ORDERED on the motion of Alderman Mopkins~ seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
NW-gl-102 - Chief Administrative Officer - Municipal Works committee Reports.
l) (MW-91-89) Aerial Photography of Mountain Road Landfill Site The report
recommends that this report be received for the information of Members of
Municipal Coonoil.
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2)
(MW-91-91) Annual Clean-up Campaign.
The report recommends that this advisory report be forwarded to Council
for information.
3) (MW-91-94) Household Hazardous Waste Days.
The report recommends that the prepared contract for Household Hazardous
Waste Day services, signed and sealed by a Laidlaw Environmental Services
Official, be signed by the appropriate City Officials.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan that the report
be received and adopted. Carried Unanimously.
MW-91-103 - Chief Administrative Officer - Waste Management Sub-committee Report,
Solid Waste Information and Security System Landfill Credit system (MW-91-95).
The report recommends the following:
1) That the Solid Waste Information and Security System be approved.
2) That the Information and Security System be made fully operational
Coincident with formal use of the weigh scales at the Landfill;
3)
That the Landfill Credit System be approved in principle subject to further
consideration of a detailed report on the System, to be presented at the
1991 04 22 Meeting of the Waste Management Sub Committee;
4) That the Landfill credit be made fully operational upon implementation of
new collection practices expected to be passed by Council before the end
of June.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
MW-91-104 - Chief Administrative Officer - Municipal Works Committee Report:
Niagara Recycling. The report recommends the following:
That staff be authorized to participate at the upcoming meeting of
Officials to gain support for the principle of public ownership;
That staff be authorized to request that the Ministry of the Environment
(MOE) and Ontario Multi Material Recycling Inc. (OMMRI) review the sale
of Niagara Reeycling, pending the results of all thirteen (13)
Municipalities' participation in the scheduled discussions;
That staff be authorized to inform the Meeting that Niagara Falls offer
to co-operate and assist in any way with the other Municipalities in
establishing Municipal ownership still stands;
e
That staff be authorized to suggest that Niagara Recycling be purchased
by the Regional Municipality of Niagara, with the Agreement of all Area
Municipalities, that the purchase be financed by debentures issued by the
Region and that the repayment of debt charges be over five (5) years and
be charged tc theArea Municipalities on a fair basis to be agreed, as part
of the operating costs of recycling. If this is agreeable in principle
to all Area Municipalities, the offer of OMMRI to provide bridge financing
would be sought;
That current Niagara Recycling personnel continue to provide collection
and processing services as is now the case. As soon as Municl~alOperating
Policies and Procedures are resolved, tenders be prepared eelling for
private sector operation of the public faoility~
6. That staff be authorized to discuss the noted alternatives in the
Report pertaining to the management of this important function. A view
of finding one which is best for all Niagara Municipalities be dealt with.
Since early resolution of this issue is in the best interests of the
public, reports for consideration of all Councils should be prepared before
the end of April 1991.
ORDERED on the motion of Alderman Cummingsf seconded by Alderman Oft, that the
report be received and adopted.
- 7 -
The motion Carried with Alderman Ward abstaining from the vote on a conflict of
interest previously recorded, and with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor~ Cummings, Hendershot, Hopkins, Janvary,
Orr, and Puttick.
NAYS: Alderman Sherat.
R-91-08 - Chief Administrative Officer - Parks & Athletic Fields Schedule.
The report recommends that the attached schedules for special events and regular
use of parks, athletic fields, and school grounds be approved by City Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
R-91-09 - chief Administrative Officer - Purchase of Replacement
Tractor. The report recommends that Ben Berg Farm Equipment be awarded the
contract to supply a Kubota Diesel Tractor Model BSO at the quoted amount of
$24,610.00.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hopkins, Janvary, Orr,
Puttick, Sherat, and Ward.
NAYS: Alderman Craitor.
F-91-14 - Finance Committee - Finance Committee Reports
1. MW 91-58 - 1991 Parkin~ Budget Review
The report recommends that the 1991 Parking Reserve Fund Operating Budget
be approved by the Finance Committee and forwarded to Council for approval.
FC. 91-11 Water Budget Review
The report recommends that the Finance committee review and recommend to
Council:
a) the 1991 water budget;
b) the 1991-1992 water rates and service charges.
ORDERED on motion of Alderman Cummings, seconded by Alderman Ward,
report be received and adopted. Carried Unanimously.
that the
F-91-15 - Chief Administrative Officer - Municipal Accounts.
The report recommends that the accounts totalling $13,049,297.14 for the period
ending April 15, 1991 be approved by the passing of the by-laws appearing later
on the agende.
Additional information was provided On Cheque Nos. 66606, 66909, 67123, 67122,
66716 and 67045.
ORDERED on the motion of Alderman Cowanf seconded by Alderman Hopkins, that the
report be received and adopted. The motion Carried with Alderman Campbell,
Cummingst Janvary, Hendershot, Shetar, and Ward, abstaining from the vote on
Cheque Nos. 66718, 67105, 65606, 66574, 66716, 66718, and 66967 on conflicts of
interest previously recorded, with all other voting in fayour.
see B - aw No. 91-86
C-gl-01 - Chief Administrative Officer - Resolution of Town of Vaughan Respecting
ontario Municipal Board· The report recommends that Council not endorse the
resolution of the Town of Vaughan respecting the Ontario Municipal Board·
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward that the
report be recefved and filed. The motion Carrie~ with the following votes
AYE= Aldermen Campbell, Cowan,
Puttick, Sherat and Ward.
NAYE: Alderman craitor.
- 8 -
Cummings,
Hendershot, Hopkins,
Janvary, Orr,
CD-91-20 - chief Administrative Officer - Reduction and Refund of Taxes - John
Sacco. The report recommends that a refund of taxes amounting to $367.53 for
1989 and $405.85 for the year 1990 be made to John Sacco, 7246 Dirdene street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously.
CD-91-23 - Chief Administrative Officer - Proposed "Springdale Condominium"
Subdivision. The report recommends that the City Clerk be authorized to process
the Application for the "Sprlngdale Condominium" Subdivision and that a Report
be prepared for Council's further consideration of this Plan based on technical
information received, public input.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and filed. The motion carried with Alderman Hopkins
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
CD-91-24 - Chief Administrative Officer - Reduction and Refund of Taxes - Mr.
Deoloux. The report recommends that a refund of taxes amounting to $352.22 for
the year 1989 be made to Michael/Carol Decloux, 7028 Brant Avenue.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously.
AYE: Aldermen Headershot, Sherat, Puttick and Cummings.
NAYE: Aidemen Campbell, Cowan, Craitor, Hopkins, Janvary, Orr, and Ward.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that
the recommendation be received and adopted. Carried Unanimously.
As a result of a ballot vote, the following persons were appointed to serve a
two-year term on the Arts and Culture Commission: Christopher J. Biasucci, Joan
Howarson, Evan Hughes, Maureen MoRse, Ann Speedie, Mary Stewart and Elisabeth
Teunis: AND the following persons were appointed to serve a one-year term:
Kathryn Berggren, Egidio Fantinel, George Gordon, Ted Krasowski, Maria Lovallo,
Barbara Morelists, and Connie Volkenburg.
ORDERED on the motion of Alderman Headershot, seconded by Alderman Sherar, that
the appointments be approved. Carried Unanimously.
See b -law No. 91-91.
CD-91-11 - Chief Administrative Officer - Disposal of Municipal Property South
of Steele Road. The report recommends that Council authorizes the conveyance
of a small triangular parcel of property located south of Steele Road to the
owners of property described as 6940 Steele Road, for the cost of the Appraisal
and survey costs, if a survey is required, plus the Corporation,s out-of-pocket
expenses necessary to transfer the lands.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hendershot, that
the report be received and adopted. Carried UnanimousiV.
CD-91-25 - Chief Administrative Officer - Reduction and Refund of Taxes - Mr.
Cole. The report recommends that a refund of taxes amounting to $105.66 for the
year 1988 and $115.02 for the year 1989 be made to Mr. & Mrs. J. Cole of 5207
Valley View crescent.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously.
CD-91-29 - chief Administrative Officer - Appointments to Recreation Commission.
The report recommends the following:
l}
That Council determine which candidate will be appointed to complete the
term on the Recreation Commission created by th~ resignation o~ Kathy
Pierson; and that Council Confirm the appointment of the remaining five
candidates for the term of 1991 and 1992;
2) That the appointments be confirmed by By-law.
ORDERED on the motion of Alderman Cummings, eeconded by Alderman Craitor, that
the person receiving the lowest vote would be appointed to complete the term
vacated by Kathy Pierson. carried Unanimously.
Following the vote, Mr. Dick Barrington was appointed to complete the vacant
term; and the following persons were appointed for the term of 1991 and 1992:
Cindy Andtaws, Bob Barnes, Maria Lovallo, Rosalyn MoPhail, and David Scott.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
appointments be approved. Carried Unanimousiv.
See Byelaw No. 91-90.
CD-91-30 Chief Administrative Officer - Appointments to Arts & Culture
Commission. The report recommends that Council select appointees to serve on
the newly-formed arts and Culture Commission, and that the appointments be
confirmed by By-law.
It was moved by Alderman Puttick, seconded by Alderman Henderehot, that the by-
view be Mended ~n lnnlude all 17 candidates on ~he Arts and culture commission
'for & one-year term. The motion was Defeated with the following votes
see9
RESOLUTIONS
No. 18 - HOPKINS - HENDERSHOT - RESOLVED that a message of condolence be sent
to the family of the late Alan R. Pierson, a former employee of the Corporation
and the former Clerk of the Regional Municipality of Niagara;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 19 - ~J~MPBELL- SHEMAR- RESOLVED that the unit prices submitted by Economy
Paving for Contract 91-114, Tender for Ellen Avenue Parking Lot Reconstruction
at the low tendered amount of $83,473.38; be accepted; AND that the by-law
appearing on tonight's Council ageads be given the necessary readings to
authorize the execution of .the tender for the Ellen Avenue Parking Lot
Reconstruction;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimous1 .
BY-LAWS
ORDERED on the motion of Alderman Cummings, and seconded by Alderman Hopkins,
that leave be granted to introduce By-law No. 90-319, and the by-law be read a
third and final times
NO, 90-319 -
A by-law to authorize the construction of certain works as
local improvements under section 12 of the Local Improvement
ca~.
- 10
ORDERED on the motion of Alderman Cummings, and seconded by Alderman Cowan, that
leave be granted to introduce the following by-laws, and that the by-laws be read
a first timer
No. 91-78 - A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area.
No. 91-79 -
No, 91-80 -
A by-law to authorize the installation of storm sewermains
including catchbasins as an improvement and extension to the
sewage system in the Urban Service Areas of the City.
A by-law to authorize the execution of an agreement with Trans-
video Inspection Limited for high pressure hydraulic cleaning
of sewers and culverts.
No. 91-81 -
No. 91-82 -
A by-law to authorize the execution of an agreement with Cam-
Eye Sewer & Pipeline Inspections Inc. for the television
inspection of sewers.
A by-law to authorize the execution of an agreement with
Laidlaw Environmental Services Ltd.
No. 91-83 -
A by-law to authorize the execution of an agreement with
Economy Paving Company (St. Catharines) Limited for
reconstruction of the Ellen Avenue parking Lot.
No. 91-8~ -
A by-law to authorize the reconstruction of the roads on
certain streets and repairs or replacement of storm sewers,
sanitary sewers, watermains and services as required together
with all related appurtenances as an improvement and extension
to the sewage system in the Urban Service Areas of the clty
and the construction of certain works as local improvements
under section 12 of the Local Improvement Act. (Brock Street)
NO. 91-85 -
A by-law to authorize the construction of certain works as
local improvements under section 12 of the Local Improvement
Act. (Brock street)
No. 91-86 -
A by-law to provide monies for general purposes.
No. 91-87
A by-law to provide monies for general purposes.
No. 91-88 -
A by-law to provide monies for general purposes.
No. 91-89 -
No. 91-90 -
.Withdrawn
A by-law respecting appointments to certain Boards, Commissions
and Committees.
No. 91-91 -
A by-law respecting appointments to certain Boards, Commissions
and Committees.
91-92 -
A by-law' to authorize the reconstruction of the roads on
certain streets and repairs or replacement of storm sewers,
sanitary sewers, watermains and services as required together
with a~l related appurtenances as an improvement and extension
to the sewage system in the Urban Service Areas of the City
end the construction of certain works as local improvements
under section 12 of the Local Improvement Act. (cropp Street)
NO. 91'93 -
A by-law to authorize the construction of certain works as
local improvements under section 12 of the Local Improvement
Act.
The motion carriedwith Aldermen Campbell, Cummings, Hondotabor, Janvary, Sherat,
and Ward abstaining from the vote on By-law Nos. 91-86; 91-87; 91-88 on conflicts
· .of interest previously recorded; and with al~ others voting in fayour.
11
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
following by-laws be now read a second time:
NO. 91-84 -
NO. 91-85 -
NO. 91-92 -
No, 91-93 -
A by-law to authorize the reconstruction of the roads on
certain streets and repairs or replacement of storm sewers,
sanitary sewers, watermains and services as required together
with all related appurtenances as an improvement and extension
to the sewage system in the Urban Service Areas of the City
and the construction of certain works as local improvements
under section 12 of the Local Improvement Act. (Brock Street)
A by-law to authorize the construction of certain works as
local improvements under section 12 of the Local Improvement
Act. (Brock street)
A by-law to authorize the reconstruction of the roads on
certain streets and repairs or replacement of storm sewers,
sanitary sewers, watermains and services as required together
with all related appurtenances as an improvement and extension
to the sewage system in the Urban Service Areas of the city
and the construction of certain works as local improvements
under section 12 of the Local Improvement Act. (cropp Street)
A by-law to authorize the construction of certain works ae
local improvements under section 12 of the Local Improvement
Act.
C~arried Unanimously
ORDERED on the motion of Alderman rum' .;, seconded by Alderman Cowan that the
following by-laws be now read a second and third time:
No. 91-78 - A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area.
No. 91-79 - A by-law to authorize the installation of storm sewermains
including catchbasins as an improvement and extension to the
sewage system in the Urban Service Areas of the City.
A by-law to authorize the execution of an agreement with Trans-
Video Inspection Limited for high pressure hydraulic cleaning
of sewers and culverts.
No. 91-80 -
No. 91-81
A by-law to authorize the execution of an agreement with Cam-
Eye Sewer & Pipeline Inspections Inc. for the television
inspection of sewers.
No. 91-82 -
NO. 91-83 -
No. 91-86 -
NO. 91-87 -
No. 91-88 -
No. 91-89 -
A by-law to authorize the execution of an agreement with
Laidlaw Environmental Services Ltd.
A by-law
Economy Paving Company (St. Catharines) Limited
reconstruction of the Ellen Avenue parking Lot.
A by-law to provide monies for general purposes.
A by-law to provide monies for general purposes.
A by-law to provide monies for general purposes.
Withdrawn
to authorize the execution of an agreement with
for
NO. 91-90-
A by-law respecting appointments to certain Boards, Commissions
and Committees.
12 -
A by-law respecting appointments to certain Soarde, Commissions
and Committees.
The motion Carried with Aldermen Campbell, cummings, Hendershot, Janvary, Sherar,
and Ward abstaining from the vote on By-law Nos. 91-86; 91-87; 91-88 on conflicts
of interest previously recorded; and with all others voting in fayour.
NEW BUSINESS
Ontario Traffic Conference
Alderman Campbell referred to and submitted the 1991 Ontario Traffic Conference
brochure and stated that there are still tickets available for the Civic Banquet
to be held On Tuesday, May 7th, 1991 at 7:00 p.m.
Heritage Villsge program
Alderman Janvary informed that.the Heritage Village Program has been cut due to
budget.
AYE: Aldermen Campbell, Cowan,
Puttick, and Sherat.
NAYS: Aldermen Cummings and Ward.
13
Craitor,
Hendershot, Hopkins, Janvary# err,
It was moved by Alderman Puttick, seconded by Alderman Cowan, that the meeting
adjourn. Carried Unanimously.
Sewage Treatment Reeds Study
Alderman Hopkins stated that there will be a public Open House at City Hall, on
Tuesday, April 23rd, 1991 at 7:00 p.m. regarding ,,Long-term Sewage Treatment
Needs Study for Central Niagara".
Niagara Falls Union Hall
Aldermen Craitor informed that there would be a social evening at the Niagara
Falls Union Hall, on Saturday, April 20th, 1991 at 7:00 p.m. and that any monies
received would go to assist workers at Nabisco.
Niagara Falls Review
His Worship Mayor Smeaton thanked the Niagara Falls Review for their donation
of a picture of the former Honeymoon Bridge and which now has a special place
in Council Chambers.
New Grandmother
Alderman Cummings congratulated the new grandmother, Alderman Janvary.
noted that grandmother and baby are doing well.
It was
Z~mmerman Avenue
It was requested by Alderman err, seconded by Alderman craitor, that a letter
be drafted to the Solicitor General's office, Ministry of Correctional Services,
Rob Nicholson, M.P., and the Niagara citizens' Advisory Committee, advising that
Council wish to be kept informed of any course of action that may be taken
regarding Zlmmerman Avenue or any such similar proposal in our.area.
S-91-7
It was recommended that payment be made for damages to traffic signal at the
intersection of Morrison and Drummond subject to The RegiOnal Municipality of
Niagara executing a final release.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that
payment be made. The motion Carried with the following vote:
THIRTEENTH MEETING
COMMITTEE OF TEE WHOLE
Committee Room #2
April 29, 1990
Council met On Monday, April 29th, 1991, at 6:00 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Hendershot, were
present. Alderman Craitor presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
REGULAR MEETING
Council Chambers
April 29, 1991
Council met on Monday, April 29th, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members Of Council, with the exception of
Alderman Hendershot, were in attendance. His Worship Mayor Smeaton presided as
Chairman. Alderman Janvary offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
minutes of the regular meeting held April 15th, 1991, be received and adopted.
Carried Unanimousiv.
CONFLICTS OF INTEREST
Alderman Campbell declared a conflict of interest on Cheque No. 67434
because he is the recipient; and on Report No. NR-91-07 because of the nature
of his business.
Alderman Hinsperger declared a conflict of interest on Cheque Numbers
67211, 67212, 67360, 67361 and 67423 because a member of his family is employed
with the company.
Alderman Hopkins declared a conflict of interest
respecting Garbage Collectionat condominiums because he
oondominium industry.
on the Deputation
is employed by the
Alderman Ward declared a conflict of interest on the communication from
the Chamber of Commerce on the Niagara Recycling Assessment Report because he
has a business interest.
DEPUTATIONS
OARBAGE COLLECTION AT CONDOMINIUMS -
Communication NO. l18A - Petition from concerned O~ners/Residents of Townhouse
condominiums - Re: Garbage collection. The Petition, submitted by Joanne
Buchanan smith on behalf of concerned owners/residents, expresses concerns and
suggestions with respect to the subject matter in terms of discrimination,
access, taxe~ side opening trucks, 10 bag allowance per address, sanitization
and cost.
-2 -
- a/a) -
Communication No. ll8B - Muriel Nordens Miller - Re: Garbage Collection for
Townhouses. The communication protests the proposal for increased charges to
the owners of townhouses for garbage collection, in terms of discrimination
agalnst the owners.
Ms. Smith referred to a meeting held by townhouse condominium owners to
consider the proposal of the City to cease garbage pickup at townhouse
condomintums. She reviewed information contained in communication No. 118A, and
stated that garbage collection by private contractors would increase condominium
fees which have already been increased for 1991. Ms. Smith discussed the taxes
paid by the owners, the City's approval to builders of the townhouse
condominiums, as well as the Fire Marshall's approval, suggested that further
approval should not be necessary, and that garbage pickup should continue.
Following further discussion, it was moved by Alderman Janvary, seconded
,~. and the matter be
ow ,
by Alderman C an thK{ the communications be received,
referred to the-upcoming Technical and Municipal Works Committee meetings for
consideration. It was further recommended that Ms. Smith be invited to attend
the meetings- The motion Carried with Alderman Hopkins abstaining from the vote
on a conflict of interest previously recorded, and with all others voting in
fayour.
y.M.C.A./OREATER NIAGARA GENERAL HOSPITAL - RIDE/STRIDE BIKE TOUR -
Dr. stafford Dobbin advised Council of the upcoming Ride or Stride Bike
Tour and Walk-A-Thon scheduled for May 26th, 1991, with benefits towards the
Y.M.C.A. and G.H.G.E. Foundation. He stated that the event would be held at
Kingsbridge Park at 10:00 a.m., that the Tour would be throughout four
Municipalities in the Region, and further, that helmets would be mandatory for
the event. Dr. Stafford Dobbin invited all members of council to participate.
CHIPPAWA REVITALXZATION BTRATEOY STUDY -
Report No. B-91-23 - Chief Administrative Officer - Re= Chippawa Revitalization
Strategy Study (TABLED COUNCIL MEETING 1991 04 15). The report recommends that
the Chippawa Revitalization Strategy Study be further tabled and that another
Public Meeting be held.
- AND -
Communication No. 119A - Jack A. MoLarart Jr. - Re: Chippawa Business Improvement
and/or Development- The communication, forwarded on behalf of concerned citizens
in the Chippaws area, requests notification of any activity in terms of business
improvement and/or development in chippawa, indicates the desire to maintain the
beauty of Chippaws, and requesting permission to address Council.
- AND -
Communication No. 119B - john Gruyich - Re: Chippaws Revitalization Strategy
Study· The communication suggests that the Study, in its current form, would
"seriously harm the residential environment" and the "unique character of the
area", and opposes the closing of Bridgewater Street because of the impact of
traffic congestion, parking noise, pedestrian traffic and cessation of privacy.
Mrs. Shirley Fisher, Mr. Jack McLaren Jr., Mr. Jack McLaren St., Mr. James
Mason, 4230 Front Street~ Mr. Bob MoRse, 4286 Lyons Creek Road, and other
concerned residents of Chippaws were in attendance·
ORDERED on the motion of Alderman traitor, seconded by Alderman Hopkins,
that the communication from the Ontario Hydro, offering-lands along the Welland
River for lease to the Clty~ be brought forward. Carried Unanimously.
- aND -
No. 119C - Ontario Hyde, Regional Real Zstate Officer, Western Region - Rez
Proposed Park, Welland River. The communication refers to a proposed 20 year
lease of lands along the Welland River and requests an early response.
- 3 -
On behalf of interested residents and business persons of Chippawa, Mrs.
Shirley Fisher expressed the view that the storm sewer problem be resolved and
the development freeze be lifted, referred to the cost to taxpayers, suggested
that the proposed plaza would not be viable without an increase in subdivision
development, pointing out that tourists would not remain in the Municipality long
enough to become plaza customers, and expressed the opinion that Chippawa should
remain a bedroom community. Mrs. Fisher asked that the report be tabled to
provide Chippawa residents with an opportunity to consider the matter and submit
recommendations.
Mr. James Mason discussed concerns with respect to the offer to lease
lands from Ontario Hydro. Mr. Mason advised that he and other residents had
maintained the Ontario Hydro lands along the Welland River for some years, with
access right being paid to Ontario Hydro. He suggested that they would be
interested in making an offer to Ontario Hydro for the lands.
Mr. Bob McRae discussed the property west of Sodom Road, and the Ontario
Hydro's formal denial of the use of lands beyond that point insolaf as the
installation of private docks was concerned. A discussion ensued regarding the
boat ramp, recreation area and parking lot for public use which had been
constructed in conjunction with the Chippaws Lyons club.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell,
that Staff be instructed to negotiate a 20 year lease, at $1.00 per year, with
Ontario Hydro, and submit a report to Council. The motion Carried with the
following vote: ~
AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Orr and Puttick.
NAZE: Aldermen Craitor, Hopkins, Janvary, Shetar and Ward.
Mr. McLaren St., discussed his concerns regarding the establishment of the
Chippawa Business Improvement Association, and the desire of Chippawa residents
to maintain the status quo of their essentially residential community. He
referred to the bicycle path from Marineland to Chippawa, along Portage Road,
which he had requested a few years ago, which had become a 10' - 12' strip of
gravel and should be paved. Mr. McLaren expressed agreement with the views of
the other concerned citizens of Chippawa.
ORDERED on the motion of Alderman Minsperger, seconded by Alderman Cowan,
that the report be received and adopted. Carried UnanimousIv.
ORDERED On the motion of Alderman Cummings, seconded by Alderman
Hinsperger, that the communications be received and filed. C~rried UnanimouslL
UNFINISHED BUSINESS
1991 MEW EQUIPMENT PURCEASES ,
Report No. MW-91-83 . chief Administrative Officer - Re: 1991 New Equipment
Purchases (TABLED 1991 04 15) (REVISED SCHEDULE 'A'). The report recommends that
Staff be authorized to purchase various pieces of equipment described in Appendix
'A' from bidders outlined, having a total value of $1,054,019.44.
Following a discussion, it was moved by Alderman Puttick, seconded by
Alderman Orr, that Item Hoe. i and 2 be amended, and that the purchase of one
sedan car and I pick-up truck be deleted from this report and referred to Staff
for a further report as soon as possible. The motion Carried with the following
vote:
AYE:
Aldermen campbell, creator, cummings, Hinsperger, Hopkins, Orr, Putt~ck,
Sherat and Ward.
Aldermen Cowan and Janvary.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hlnsperger, that the balance of the report be received and adopted.
Carried Unanimously.1
-4 -
COMMUNICATIONS
No. 120 - Niagara Falls Family y.M.C.A. - Re= proclamation- The communication
asks Council to proclaim the month of May 1991 as "Y.M.C.A. Month".
Alderman Campbell declared a conflict of interest because he has a
business interest.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the communication be received and the request be approved subject to
established policy. The motion Carried with Alderman campbell abstaining from
the vote on a Conflict Of interest previously recorded, and with all others
voting in fayour.
No. 121 - The Optimist Club - Re: proclamation. The communication asks council
to proclaim the week of May 1st to 7th, 1991 as "Respect For Law Week".
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
eommunieatio~ be received and the request be approved subject to established
policy. Carried UnanimouslY-
No. 122 - Niagara Bicycle Helmet Safety Initiative - Re: proclamation- The
communication asks Council to proclaim the week of May 4th to llth, 1991, as
"Bicycle Helmet Safety Week".
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
communication be received and the request be approved subject to established
policy. Carried UnanimouslY.
No. 123 - Ministry of Natural Resources - Re: proclamation- The communication
asks Council to proclaim the week of May 5th to 11th, 1991, as "National Forestry
Week"
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
communication be received and the request be approved subject to established
policy. Carried UnanimouslY-
No. 124 - Greater Niagara General Hospital Foundation - Re: proclamation- The
communication asks Council to proclaim May llth, 1991 as "Canada Health Day".
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
communication be received and the request be approved subject to established
policy. Carried UnanimouslY.
No. 125 - Statistics Canada - Re: proclamation- The Communication asks Council
to proclaim June 4th, 1991 as "Census Day", and to promote the event.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
communication be received and'the request be approved subject to established
policy. Carried Unanimously-
No. 126 - Canadian Mental Health Association - Re: proclamation- The
communication asks Council to proclaim the week of May 6th to 12th, 1991, as
"Mental Health Week".
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
communication be received and the request be approved subject to established
policy. Carried Unanimously.
No. 127 - Ministr~of the Environment - Re: Solid Waste Management Initiatives.
The communication advises that the Ministry is seriously committed to assisting
Municipalities in implementing Comprehensive waste management systems to maximize
the diversion of waste from landfill and inoineration.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
communication be received and filed. Carried Unanimously,
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No. 128 - The Chamber of Commerce Niagara Falls, canada - Re: Niagara Recycling
Assessment Report. The communication provides information regarding options
available and includes recommendations.
ORDERED On the motion of Alderman Hopkins, seconded by Alderman Janvary, that
the communication be received and filed. The motion carried with Alderman Ward
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in layout.
No. 129 PRW Excavating Contractors Ltd. - Re: Illegal Hook-up to city
Watermain, 6159 Progress Street. The communication expresses concerns regarding
the illegal hook-up to the City watermain at the above noted address.
Mr. Fermino Susin was in attendance to express his concern and opposition
to the information contained in the communication.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan,
that the communication be referred to Staff for investigation and report. It
was further recommended that Mr. Susin receive a copy of the upcoming report.
Carried Unanimously.
No. 130 - COrporation of the City of Thorold - Re: Federal Government GST -
Utilities. The communication asks Council to endorse a resolution to the Federal
Government opposing GST on utilities.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Campbell, that the
communication be received and the resolution endorsed. Carried Unanimously.
No. 131 - Federation of Canadian Municipalities (FCM) - Re: Consent Form.
Communication attaches a Consent Form to be completed by elected members The
of a
Municipal Council who wish to stand for election to the National Board of
Directors.
ORDERED on the motion of Alderman Ward, seconded by Alderman Shetar, that the
communication be received and filed. Carried Unanimously..
No. 132 - The Noncurable Shirley Coppen, MPp - Re: Acrespace Development. The
communication expresses appreciation for work done by Council and City Staff
respecting the Acrespace development in Niagara Falls.
ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the
communication be received and filed. carried Unanimously.
No. 133 - City of Niagara Falls Hoard of Museums - Re: Transfer of Funds to
Operating Revenue for 1991. The communication expresses Concern regarding the
proposed transfer of future Museum Capital funds to the Operating Budget for
1991, and requests an opportunity to address council prior to a decision being
made.
:ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the communication be referred to the Finance committee. The motion Carrie__d with
the following vote:
AYE:
NAYE:
Aldermen Campbell, Cowan,
Puttick, Sherat and Ward.
Alderman Craitor.
Cummings, Hinsperger, Hopkins,
Janvary, Orr,
No. 134 - City of Scarborough . Re: Second Units: Requested Provincial
Government Action. The communication requests comments respecting a resolution
with regard to the legalizerich of second units.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the communication be received and referred to Staff for consideration with
respect to the Official Plan Review and Housing Policies. Carryled Unanimously.
No. 135 - ann & RsF Harthews Home
, Hardware - Rez Sunday Shopping. The
communication requests clarification of the newspaper article which refers to
the status .quo with respect to Sunday shopping as being unacceptable, as well
as the uniqueness of Niagara Falls respecting Sunday Shopping.
- 6 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
communication be received and filed. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Hopkins, Janvary, Orr,
puttick, Shetar and Ward.
NAYE: Alderman Creator.
REPORT~
HR-gl-07 - Chief Administrative Officer - Re: Absenteeism Reduction- The report
recommends the following:
1) That an Administrative Attendance program and attached Policy be approved
by Council;
2) That the purchase of an Employee Assistance program, to provide assessment
counselling and referral services to employees, be approved by Council;
3) That the purchase of Audiometric Testing Services, to assess employee
hearing levels and monitoring equipment to assess work area noise levels,
be approved by Council;
4) That the purchase of educational seminars on preventing back injury be
approved by Council;
5) That a study of flexible work hours, with a view to recommending a system,
be approved by Council;
6) That the establishment of a Joint Management/union Modified Work program
committee, to facilitate the early re-employment of injured employees,
be approved by Council;
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. It was further recommended that hearing
tests be performed in a sound proof booth. The motion Carried with Alderman
Campbell abstaining from the vote on a conflict of interest previously recorded;
and with all others voting in fayour.
ER-91-08 - Chief Administrative Officer - Re: Cheque Numbers 66909 & 67123.
The report provides information regarding the abov~ mentioned Cheque Numbers,
at the direction of Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and filed. Carried UnanimouslY.
FD-91-06 - Chief Administrative Officer - Re: City of Niagara Falls Emergency
Plan. The report recommends that Council approve the revised 1991 Edition of
the city of Niagara Falls Emergency Plan. The Fire Chief was commended on the
report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger, that
the report be received and adopted. Carried Unanimously-
PD-91-54 - Environmental Planning & Greening Committee - Re: Niagara Escarpment
Plan - Five Year Review, Comments on Proposed Revisions. The report recommends
that Council consider the comments of the attached Report (PD-91-50) with respect
to proposed revisions to the Niagara Escarpment Plan.
ORDERED on the motion of Alderman Cummings , seconded by Alderman Sherat, that
the report be received and adopted. The motion Carrie___~dwith the following vote:
AYEx Aldermen Campbell, cowan, Craitor, Cummings~ Hineperger, Hopkins, err,
Puttick, Ward and Shetar.
NAYEz Alderman Janvary.
PD-91-56 - Environmental Planning & Oreeni~g Committee - Rez- Environment Week
Activities. The report recommends the Zollowingz
l)
2)
3)
that the report be received and adopted.
- 7 -
That the City participate in the coordinated Environment Week activities
with Canadians for a Clean Environment;
That Staff be directed to proceed with advertising for Environment Week
activities as part Of the City's contribution to these activities; and
That Staff provide council with a package which outlines the contribution
of the suggested nominees for the City of Niagara Falls Environment Award.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward,
Carried Unanimou__slv.
PD-gl-57 - Chief Administrative Officer - Re: Application No. CD-91-O01, for
Exemption from the Rental Housing Protection Act, 5222 Portage Road. The report
recommends that the application for exemption of the 15 unit rental apartment
building, located on the northeast corner of Portage Road and Valley Way, not
be approved as the application:
1) does not satisfactorily fulfill one of the three criteria set out i~
Section 7 of the Rental Housing Protection Act;
2} does not comply with the policy established by City Council, which
requires that the overall vacancy rate be above 3.0% to warrant the
consideration of an application for conversion of rental units; and
3) the conversion of these 15 rental units has the effect of reducing the
current vacancy rate of 2%, which represents approximately 75 vacant
apartments to 60 vacant units, and effectively represents a reduction in
the vacancy rate to 1.6%.
His Worship Mayor Smeaton declared the Public Meeting open and reviewed
the procedure to be followed.
The Deputy Clerk advised that Notices of the Public Meeting had been
forwarded on April 12th, 1991, and a Notice was published in the Niagara Falls
Review on April 12th, 1991.
His Worship Mayor Smeaton indicated that the applicant and his agent were
in attendance, and received a positive response to his request for a show of
hands from persons interested in the application.
The Director of Planning & Development advised that the Province defines
the criteria required and reviewed the information contained in the attachment
to the report under Proposal, Process, and Analysis. He advised that, under the
Act, Council must be satisfied.that the application would not "affect adversely
the supply of affordable housing-. He stated that, based on the third criteria
enumerated in the recommendations, the application should not be supported at
this time.
During the discussion, it was generally indicated that the vacancy rating
established by C.M.H.C. did not always present a true picture. The City
Solicitor expressed the opinion that if Council wished to make a decision
contrary to the current policy, then Council should first change the policy.
There was · negative response to Mayor Smeaton's request for comments from
persons, other than the applicant or hie agent, in favour of the application;
and a negative response to Mayor Smeaton's request for comments from persons
opposed to the application.
Mr. Brian Sinclair, Solicitor and agent for the applicant, advised that
the tenants had been notified and were aware of the Public Hearing; that the
applicants, Dose Brothers Construerich Limited, had constructed the building to
be used as a condominium with utility features included; and that difficulty had
been encountered in rezoning the property in 1986. Me expressed the view that
the vacancy rate in Niagara Falls was potentially higher than indicated by the
C.M.H.C. statistics, perhaps 5%. Mr. Sinclair asked Council to approve the
application, and if not~ to table the matter.
- 8 -
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting closed.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that
the report be received and the application approved- Carried UnanimouslY.
pD-91-58 - Chief Administrative Officer - Re: Niagara Falls Sridge Commission
international Construction programme- The report recommends the following:
1)- That Council endorse Phase I and phase III of the 8ridge Commission's
Plan, in principle, involving the upgrading of terminal and inspection
facilities at the Rainbow and the Queeneton/Lewiston international
bridges;
2} That all other aspects of the Bridge Commission's Plan be referred to the
Niagara River Corridor Transportation Advisory committee for review and
assimilation with other road authorities' plans and studies.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman
Hinsperger, that the report be received and adopted. carried UnanimouslY.
B-91-22 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for March 1991. The report provides information regarding
permits Issued and Highlights for March 1991, as well as April proposals, and
recommends that this report be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried UnanimouslY.
B-91-25 - Chief Administrative Officer - Re: Site Plan Approval - proposed 3
Storey 6 Unit Apartment Building, 5729 Old McLeod Road/North Side Old McLeod
Road East of Allanthus Avenue; Site Plan Control 90-06, C. of A. 51/90. The
report recommends that the council approve the site plan(s} on display at
tonight's meeting, being a proposed 3 storey 6 unit apartment building, and the
Site Plan being drawing Number 1, and the Site Services Plan being drawing Number
M1 Ray. 2 and filed with the Buildings and Inspections Department of the City
of Niagara Falls on April 11, 1991, and that such approval be subject to the
conditions contained in the report.
ORDERED on the motion of Alderman cowan, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried UnanimouslY.
B-91-26 - Chief Administrative Officer - Re: Amendment to By-laws 6328, 76-60
and 85-60, pEa-permit Construction Starts. The report recommends that permit
fees for building, plumbing and sewers be twice the standard fee when work or
installation has commenced prior to the issuance of a permit, and that the by-
laws on tonight's agenda, which amend By-laws 6328, 76-60 and 8B-60, be approved.
ORDERED on the motion of Alderman err, seconded by Alderman cummings, that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-104,
By-law No. 91-105 and
By-law No. 91-106.
B-91-27 - Chief Administrative Officer - Rez Amendment to By-law 76-60, Fees
for partial Occupancy of a Building Prior to Being Fully'completed. The report
recommends that a fee be charged for partial occupancy of a building prior to
being fully completed and that the by-law on tonight'e ageado, which amends By-
law 76-60, be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman err# that the
report be received and adopted. Carried Unanimously-
· See By-law No. 91-105,
· 9
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H-91-30 - Chief Administrative Officer - Re: Property Standards Order, 5132
Drummond Road. The report recommends that the Corporation retain a work crew
to forthwith complete the Order of the Property Standards Officer.
Mr. Luigi Matrons, owner of the property; and Mr. Jim Robinson, tenant
were in attendance. Mr. Joseph Walker spoke on behalf of the proponents. He
stated that the concerned persons believed they were in compliance, that some
vehicles had been removed from the property and further, that every effort had
been made to comply. Mr. Walker advised that the large dump truck was parked
on the property because no other place of security could be found.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
BILD Committee - Re: Processing of Draft Plans of Subdivision. The report
recommends that the Council refer the attached report to Staff for consideration
and a further report to Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
MW-91-96 - Chief Administrative Officer - Re: Equipment Rental. The report
recommends that the prices submitted by the various contractors for a variety
of equipment, as per the attached Summary, be accepted as required.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
MW-91-97 - Chief Administrative officer - Re: City Employees Ambassador Awards
Program. The report recommends that Council endorse initiation of a City
Employees Ambassador Awards Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
MW-91-105 - Chief Administrative Officer - Re: Tenders for Asphalt, stone and
Concrete. The report recommends that the supply of materials listed in the
report, be awarded as outlined on the attached Summary sheets.
ORDERED On the motion of Alderman Cowan, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
MW-91-107 . chief Administrative Officer - Re: 1991 Tender for the Supply of
Tires, Tubes & Repair Service - City Fleet. The report recommends that the
tender for the supply of tires, tubes and repair service, submitted by DeMol's
Tire Sales & Service Limited in the amount of $4,606.14, be accepted, based on
unit prices tendered.
ORDERED on the motion o~ Alderman Janvary, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
MW-91-113 . Chief Administrative officer - Re: Quotations for Engineering Design
Services feel (i} Dorchester Rd. Storm Sewer, from Morrison St. to Freeman
Street (File 91-102); and (if} Reconstruction of McDougall, College & Cookman
Sts. (File 91-107}. The report recommends that the lowest quotations for the
above noted projects, both received from Upper canada conesditchEs, be accepted,
and Staff be authorized to proceed to finalire the respective Consulting
Engineering Agreements.
Aldermen Cummings and Sherat declared conflicts of interest because their
employer was involved.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan,
that the report be received and adopted. The motion carried with Aldermen
Cummings end Sherat abstaining from the vote on conflicts of interest previously
recordedt and with all others voting in layout.
see Resolution ~o, 21~
- 10 -
MW-91-114 - Chief Administrative Officer - Re: Royal Canadian Legion, 54th
Annual 40 & 8 pilgrimage; Saturday, May 18, 1991. The report recommends that
the 54th Annual pilgrimage of the 40 & 8 Society, American Legion motorcads,
scheduled for Saturday, May 18, 1991, be approved subject to the conditions
contained in the report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried UnanimouslY.
MW-91-116 - Chief Administrative Officer - Re: Niagara Falls Bridge commission,
50th Anniversary parade- The report recommends that the Niagara Falls Bridge
commission, 50th Anniversary parade be approved subject to the conditions
contained in the report.
ORDERED on the motion of Alderman Sherat, seconded by Alderman cowan, that the
report be received and adopted- Carried Unanlmouslv.
MW-91-117 - Chief Administrative Officer - Re: Quotation for Tree Trimming and
Insect Control. The report recommends the following:
1) That Arbor Care be retained at a price of $78.77 per hour for tree
trimming services; and
2) That Chemlawn Inc- be retained at a cost of $84.50 per hour for the
spraying of gypsy moth and other insects infesting trees-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan,
that the report be received and adopted. carried UnanimouslY.
MW-91-119 - Municipal Works COmmittee ' Re: Committee Reports: The report
recommends the following:
1) MW-91-108 - cakes Drive Between Main Street/Portage Road Crosswalk
installation '
It is recommended that crosswalk pavement markings be installed on all
approaches at the intersection of Cakes Drive and Dunn Street;
2) MW-gI-82 - Road Use Special Events Policy -
It is recommended that:
(i) The proposed Road Use Special Events policy be implemented on a
trial basis for a one-year period and then re-evaluated;
(ii) The Director of Municipal Works be given the authority to close any
highway under the jurisdiction Of the City of Niagara Falls for the
purposes of this Policy; and
(iii) The by-law, authorizing the Director of Municipal Works to close any
highway under the Jurisdiction of the City of Niagara Falls, appearing
later on tonight's agenda, be approved.
ORDERED on the motion of Alderman Janvary, seconded by Alderman cowan,
that the report be received and adopted. Carried UnanimouslY.
SeeBy-law No. 91-101.
MW-91-120 - Municipal Works Committee - Re:
recommends the following:
l)
committee Reports. The report
MW-91-106 - proposed Revegetation Plan for the W-5-1 Watercourse Between
Kalar Road and Mentress Road -
It is recommended that:
(~) The proposed Revegetation Plan for the W-5-1 Watercourse described
in this report, as developed by the Revegetatlon Working Group, end as
supported by the Environmental planning and Greening Committee, be
approved; . . 11
- 11 -
(ii} city Council support the Neighbourhood Volunteers planting of trees
and shrubs scheduled for Saturday, May 4, 1991, which is subsidized by the
Ministry of Natural Resources as a "Community Wildlife Improvement
Project";
2)
3)
(iii) Financing for Phases I and II of the Revegetation Plan, in the
amount of $27,300.00, be approved from the Expansion and Renewal Fund.
MW-91-100 _ Purchaser of Home Compostors -
It is recommended that authorization be granted for the purchase of the
following home composters: 1500 Bayside Compostors (12 cubic feet) and
400 Evergreen compostere (27 cubic feet);
MW-91-112 - January - March 1991 COnstruction Status Report -
It is recommended that the construction Status report be received for the
information of Council;
4) MW-91-115 - Disposal of Clean Fill to the City's Landfill Site from the
Regional Municipality of Niagara,s Portage Road Reconstruction Project -
It is recommended that the report be received and adopted. ~
Alderman Ward declared a conflict of interest on Item No. 1 because he is
a property owner in the area.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that
the report be received and adopted. The motion Carrie_~d with Alderman Ward
abstaining from the vote On a conflict of interest previously recorded, and with
all others voting in fayour.
MW-91-121 - Waste Management Sub-Committee _ Re: Committee Report: Landfill
Credit System. The report provides information regarding the Landfill Credit,
and recommends that this report be adopted.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
MW-91-122 _ Chief Administrative Officer - Re: Contract 91-104 - Watermain
Installation on Rysdale Street from Meritrose Road to Beaverdams Road. The report
recommends that the unit prices submitted by Wentworth Lincoln Landscaping Ltd.
be accepted and this contract be awarded.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Shetar, that the
report be received and adopted. Carried Unanimously.
See Resolution NO. 22.
See By-law No. 91-99.
R-91-10 - Chief Administrative Officer - Re: Renovations to Niagara South Arena.
The report recommends that Niagara South Recreation Association be acknowledged
by letter for their financial contribution towards the renovations at Niagara
South Arena.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. carried Unanimously.
R-gl-ll - Chief Administrative Officer - Re: Concession Agreement - Ker Park -
Niagara Falls Minor Boys' Softball Association Ladies Auxiliary. The report
recommends that the by-law appearing on this evening,s agenda, authorizing an
agreement between the City of Niagara Falls and the Niagara Falls Minor Boys'
Softball Association Ldies Auxiliary, be approved.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
See BvTlaw No. 91-102.
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chief Administrative officer - Re: Lease Agreement - Chippaws
R-91-13 ' Jr C Hockey Club - Niagara South Recreation Complex- The report
Merchants
recommends that the by-law appearing on this evening's agenda, authorizing a
lease agreement between the City of Niagara Falls, and the Chippaws Merchants
Jr C Hockey Club, be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted~ Carried UnanimouslY.
See Bv-law NO. 91-103.
R-91-14 - Chief Administrative officer - Re: Agreement - Stamford Memorial Arena
- Niagara Falls Thunder B Hockey Club. The report recommends that the by-law
appearing on this evening'e agenda, authorizing an agreement between the City
of Niagara Falls, and the Niagara Falls Thunder B Hockey club, be approved-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted- Carried UnanimouslY-
See By-law No. 91-100.
R-91-15 - chief Administrative Officer - Re: purchase of the Refrigeration
Equipment for Niagara Falls Memorial Arena- The report recommends that approval
be granted to spend up to $70,000.00 to purchase the new refrigeration equipment
for the Niagara Falls Memorial Arena.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. carried UnanimouslY.
F-91-16 - Chief Administrative Officer - Re: Municipal Accounts- The report
recommends that the accounts totalling $2,670,482.62 for the period ending April
29th, 1991, be approved by the passing of the by-laws appearing later on the
agenda.
Additional information was provided on Cheque No. 67480.
ORDERED on the motion of Alderman campbell, seconded by Alderman Cowan, that the
report be received and adopted- The motion Carried___ with Alderman campbell
abstaining from the vote on Cheque No. 67434 on a conflict of interest previously
recorded; with Alderman Minsperger abstaining from the vote on cheque Nos. 67211,
67212, 67360, 67361 and 67423 on a conflict of interest previously recorded; and
with all others voting in fayour. see By-law No. 91-107
and By-law No. 91-108-
CD-91-28 - Chief Administrative Officer - Re: .Reduction and Refund of Taxes,
Section 496(a) Municipal Act; Barbara Ann Lorentz. The report recommends that
a refund of taxes, amounting to $122.51 for the year 1989, and $135.29 for the
year 1990, be made to Barbara Ann Lorentz of 6780 Topaz Crescent.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Janvary, that the
report be received and adopted. Carried UnanimouslY.
CD-91-32 - chief Administrative officer - Re: Amendment to By-law 76-102,
Duration of Licence. The report recommends that council approve the attached
Schedule 28 to By-law 76-102, as amended, to include various expira~ion dates,
and the amending by-law appearing on tonight's agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman cowan, that the
report be received and adopted. Carried UnanimouslY.
See By-law No. 91-94.
CD-91-33 - chief Administrative Officer - Re: Kinsmen Club of Niagara Falls,
Application for Licehoe, Bale of Fireworks. The report recommends that Council
approve the application for a Hawker & Pedlar Licence submitted by the Kinsmen
Club of Niagara Falls, for the period May 14 through May 20, 1991.
ORDERED on the motion of Alderman Janvary, seconded by Alderman orr, that the
report be received and adopted. Carried UnanimouslY. . . 13
- 13 -
RESOLUTIONS
No. 20 - CUMMINGS - JANVARy - RESOLVED that a message of condolence be forwarded
to the family of the late Mrs. Mary Penny, a respected resident of the community;
and mother-in-law of Robert Lewis, the City's Director of Finance; AND the Seal
of the Corporation be hereto affixed.
C~rried Unanimously.
No. 21 - HINSPERGER - COWAN - RESOLVED that the unit prices submitted by Upper
Canada Consultants for (i) Dorchester Road Storm Sewer, from Morrison Street to
Freeman Street (File 91-102); and (ii) Reconstruction of McDougall, College and
Cookman Streets (File 91-107), be accepted at the low tendered amounts of
$19,420.50 and $17,537.30, respectively; AND the Seal of the Corporation be
hereto affixed.
The motion Carried with Aldermen Cummings and Sherar abstaining from the vote
on conflicts of interest previously recorded, and with all others voting in
fayour.
No. 22 - HOPKINS - SHE~- RESOLVED that the unit prices submitted by Wentworth
Lincoln Landscaping Ltd. for contract 91-104, Watermain Installation on Rysdale
Street from Montrose Road to Beaverdams Road, at the low tendered amount of
$57,931.40, be accepted; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl .
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-94 - A by-law to amend By-law No. 76-102 as amended, being a By-law
respecting the issuance of licenoes.
No. 91-95
No. 91-96
- A by-law to amend Sy-law No. 90-329, as amended. (IMC 3, 6 & 7/91,
Anthony, Spadafore and Place).
- A by-law to amend By-law No. 90-329, as amended. (IMC 13/91,
Birnie).
No. 91-97 - A by-law to amend By-law No. 90-329, as amended. (IMC 02/91,
Normington).
No. 91-98 - A by-law to amend By-law No. 90-329, as amended. (IMC 04/91, Brian
Sinclair).
No. 91-99
A by-law to authorize the execution of an agreement with Wentworth-
Lincoln Landscaping Ltd. for watermain installation on Rysdale
Street.
No. 91-100 - A by-law to authorize the execution of an agreement with the Niagara
Falls Thunder B Hockey Club.
NO. 91-101 -
No. 91-102 -
A by-law to authorize the Director of Municipal Works to exercise
the powers of city Council pursuant to Section 208.44 of The
Municipal Act, R.S.O. 1980, chapter 302, as amended.
A by-law to authorize the execution of a concession agreement with
the Niagara Falls Minor Boys' Softball Association Ladies Auxiliary
respecting Ker Park.
NO. 91'103 -
A by-law to authorize the execution of an agreement with
Chippaws Merchants Jr. C. Hockey Club.
the
14
- 14 -
No. 91-10~ - A by-law to amend By-law No. 6328, as amended, being the Plumbing
By-law.
No. 91-105 - A by-law to amend By-law No. 76-60, as amended, being a by-law
respecting buildings and building permits.
No. 91-106 - A by-law to amend By-law No. 85-60, as amended, being the Sewer
By-law.
No. 91-107 - A by-law to provide monies for general purposes. ($1,953,171.43).
No. 91-108 - A by-law to provide monies for general purposes. ($717,311.19).
The motion Carrie~ with Aldermen Campbell and Hinsperger abstaining from the vote
on By-law Nos. 91-107 and 91-108 on conflicts of interest previously recorded;
'and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that
the following by-laws be now read a second and third time:
NO. 91-94 - A by-law to amend By-law No. 76-102 as amended, being a By-law
respecting the issuance of licences.
No. 91-95. - A by-law to amend By-law No. 90-329, as amended. (IMC 3, 6 & 7/91,
Anthony, spadafore and Place).
NO. 91-96
NO. 91-97
NO. 91-98
NO. 91-99
No. 91-100
No. 91-101
- A by-law to amend By-law No. 90-329, as amended. (IMC 13/91,
Birnie).
90-329, as amended. (IMC 02/91,
- A by-law to amend By-law
Normington)-
- A by-law to amend By-law No. 90-329, as amended. (IMC 04/91, Brian
Sinclair).
- A by-law to authorize the execution of an agreement with Wentworth-
Lincoln Landscaping Ltd. for watermain installation on Rysdale
Street.
- A by-law to authorize the execution of an agreement with the Niagara
Falls Thunder B Hockey club.
- A by-law to authorize the Director of Municipal Works to exercise
the powers of City Council pursuant to Section 208.44 of The
Municipal Act, R.S.O. 1980, chapter 302, as amended.
No. 91-102 - A by-law to authorize the execution of a concession agreement with
the Niagara Falls Minor Boys' Softball Association Ladies Auxiliary
respecting Ker Park.
No. 91-103 - A by-law to authorize the execution of an agreement with the
Chippaws Merchants Jr. C. Hockey Club.
No. 91-104 - A by-law to amend By-law No. 6328, as amended, being the plumbing
By-law.
NO. 91-105 - A by-law to amend By-law No. 76-60, as amended, being a by-law
respecting buildings and building permits.
No. 91-106 - A by-law to amend By-law No. 85-60, as amended, being the Sewer
By-law.
No. 91-107 - A by-law to provide monies for general purposes.
No. 91-108 - A by-law to provide monies for general purposes.
($1,953,171.43).
($717,311.19).
The motion Carried with Aldermen Campbell and Hlnsperger abstaining from the vote
on By-law Nos. 91-107 and 91-108 on conflicts of interest previously recorded;
and with all others voting in fayour.
- 15 -
NEW BUSINESS
ITEMS OF CONCERN:
Residential Resource Centre -
Alderman Orr referred to her previous request that draft letters be submitted
for the consideration of Council, to the Solicitor General, Mr. Rob Nicholson
MP, and the Correctional Service of Canada.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
matter be referred to Mayor Smeaton's office for action. Carried UnanimousiX~
Railway Tracks -
Alderman campbell initiated a.discussion regarding the replacement of tracks
adjacent to Victoria Avenue at clifton Hill.
During the discussion, it was suggested that the property adjacent to the
railway tracks on Portage Road, at the Minolta Tower, needed to be cleared of
litter. The Director of Buildings & Inspections stated that he would take action
on this matter.
Alderman Shetar stated that a response had not been received with respect
to his previous request that the railway crossings at Dorchester Road, Drummond
Road and Morrison Street, be improved. The Director of Municipal Works advised
that since these were Regional Roads, the Region had been contacted regarding
the concern. ~
ITEM OF I~EREST:
Annual Blossom Festival Parade & Events -
Alderman Cummings encouraged Aldermen and their families to attend the Annual
Blossom Festival Parade on Saturday morning, May 5th, 1991, and in the afternoon,
the Tug-of-War on the Rainbow Bridge.
, , , , ,
It was moved by Alderman Puttick, seconded by Alderman Janvary, that the
meeting adjourn to Committee of the Whole. carried Unanimously.
READ AND ADOPTED,
COMMITTEE OF THE WHOLE
Committee Room #1
April 29, 1991
Council met on Monday, April 29th, 1991, at 10:35 p.m., in Committee of
the Whole. All members of Council, with the exception of Alderman Bendershot,
were present. Alderman craitor presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTgD,
C'
- 16 -
COUNCIL MEETING
Council reconvened in formal session
Council Chambers
April 29, 1991
On Monday, April 29th, 1991,
following a meeting in Committee of the Whole.
exception of Alderman Craitor, were present.
as Chairman.
The meeting adjourned.
READ ADD ADOPTED,
/ATA~C~,'D~pUTY CITY CLERK
All members of Council, with the
His Worship Mayor Smeaton presided
FOURTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
May 6, 1991
council met on Monday, May 6th, 1991, at 7:00 p.m. in Committee of the
Whole. All members of Council were present. Alderman Hopkins presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
May 6, 1991
Council met on Monday, May 6th, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of Council were in attendance. His
Worship Mayor Smeaton presided as Chairman. Alderman Ward offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman cummings, seconded by Alderman Orr, that the
minutes of the regular meeting held April 29th, 1991, be received and adopted.
Carried Unanimously.
CONFLICTS OF INTEREST
Alderman cummings declared a conflict of interest on Report No. PD-91-60
City of Niagara Falls Environment Award, because he is a member of the Stamford
Centre Firemen's Association, recommended recipients of the Award.
Alderman Hinsperger declared a conflict of interest on Report No. F-91-
19, Municipal Accounts, cheque No. 67568 because a member of his family is
employed by the company.
Alderman Nopkins declared a conflict of interest on Report Nos. B-91-28,
Sign Application, Dairy Queen Putt Putt; and B-91-31, Site Plan Approval, New
Dairy Queen Putt Putt, Mini Putt, because a member of his family has a business
interest.
ANNUAL BLOSSOM FESTIVAL - AWARD
His Worship Mayor Smeaton discussed the success of the Annual Blossom
Festival Parade which was held Saturday, May 4th, 1991, He displayed the Award
which had been presented to the City of Niagara Falls, as first prize winners
for the city Float, in the Parade.
- 2 -
DEPUTATIONS
QUEEN'8 pI~a~KUPDATB -
Mrs. Margaret Harrington M.P.P., distributed a report enumerating a number
of provincial initiatives with regard to the Ministries of Environment, Municipal
Affairs, Touriem & Recreation, Health, and Industry, Trade & Technology; the
Treasury; and the Ministry of Transportation. She discussed actions taken by
the Ministries, discussed the Ontario budget, and requested comments from Council
with respect to possible solutions to the economic situation, and cross-border
shopping.
MANUFACTUreR8 OUTLET MALL - SUNDAY SHOPPING -
Mr. C. Chataway, Director, Niagara Falls Economic DevelopmentAgency; Mr.
Kamran Kahn, Vice President, The Mogul Group of Companies; and Antonia Marueic,
Leasing Agent for Riverso, were in attendance.
Mr. Chataway referred to the proposal, made in June 1990, with respect
to a Factory Outlet Mall being developed on property in the area of the QEW and
McLeod Read. Me advised Council that Sunday Shopping was very important to the
development, and asked Council for an endorsement similar to that made for the
previous proposal.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that
Council support the proposal and endorse Sunday Shopping in the area. The motion
Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Cu~u~ings, Hendershot, Hopkins, Orr, Puttick,
Sherat and Ward.
NAYE: Aldermen Craitor, Hinsperger and Janvary.
TOURIBM INDUSTRY IN THE CITY OF NIAOAMA FALLS -
Communication No. 136 - Niagara Falls, Canada, Visitor &Convention Bureau -
Tourjam Induetry in Niagara Falls. The Communication requests permission to
address Council.
The following representatives of the Niagara Falls, canada, Visitor &
Convention Bureau were in attendance: Mrs. Amy Signucolo, chair, Board of
Directors; Me. Ethel White and Joe Montgomery, Board members.
Mrs. Bignucolo reviewed a handout communication regarding the promotional
program of the Winter Festival of Lights, its costs in terms of funding and time,
as well as benefits to the City, and suggested~the following three alternatives,
that the Bureau be allowed to contract out the Winter Festival of Lights, that
the City take over and contract out the Festival, or that the Festival be
forgotten. she submitted and reviewed a communication received from Mr. Stephen
Pearoe, Touriem Industry Consultant, Ministry of Tourism & Recreation. The
communication suggested that the Bureau seek out alternative sources of funding,
and address the questions of growth, expansion and profile for the Festival.
Ms. Ethel White stressed the need for a professional person working on a
full time basis for the Festival.
Mr. Joe Montgomery expressed the need for a Committee to take over the
Festival arrangements.
UNFINISHED BUSINESS
1991 N~W E~HXPB4ENT PURCHAB=S - CARS & PICKUPS
Be~or~ No. MW-91-126 - Chief Administrative officer - ReJ 1991 New Equipment
Purchases - Cars and Pickups. (COUNCIL 1991 04 29). The report recommends that,
as originally recommended in Report MW-91-83, three (3) cars and five (5) pickups
be replaced by new vehicles this year·
- 3 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
report be received and that two cars be purchased instead of 3, and 4 pickup
trucks be purchased instead of 5. The motion Carrie_~dwith the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Nendershot, Hinsperger, Orr,
Puttick, Shetar and Ward.
NAYE: Aldermen Hopkins and Janvary.
BOAT RAMP - SODOM ROAD -
Report No. B-91-24 - Chief Administrative Officer - Re: Boat Ramp Scdom Road -
Parking LOt.(COUNCIL 1991 04 29). The report recommends that Council authorize
the execution of the agreement between the City and the Niagara Region for the
lease of the road allowance for the construction of the parking lot.
ORDERED on the motion Of Alderman Ward, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-113.
COMMUNICATIONS
No. 137 - The Town of Richmond Hill - Re: Municipal Government Reetructuring.
The communication asks Council to endorse a resolution to the Province, to begin
a full review of the Municipal and Regional Government structure in the Prov'.hnce.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that
the communication be received and filed. The motion Carried with the following
votes '
AYE: Aldermen Campbell, Cowan, cummings, Hendershot,
Janvary, Orr, Puttick, Sherar and Ward.
NAYE: Alderman Craitor.
Minsperger, Hopkins,
No. 138 - Ontario Federation of Anglers & Hunters - Re: Budget cuts. The
communication encourages Council to direct concerns, regarding budget cuts to
fish and wildlife programs, to the Minister of Natural Resources.
ORDERED on the motion of Alderman cummings, seconded by Alderman Sherat, that
the communication be received and filed. Carried Unanimously.
No. 139 - Mountainview Homes - Re: Zoning By-laws 91-34 & 91-35 - QEW-Mount
Properties Inc. The communication discusses the appeal filed by John Brigis,
owner of adjoining lands, and requests the Municipality,s support in asking the
O.M.B. to dismiss the appeal without holding a hearing.
It was noted that Mr. John Brigis was in attendance.
ORDERED on the motion of Alderman cummings, seconded by alderman
Bineperger, that the communication be received and filed. The motion Carried
with the following votes
NAYE:
Aldermen Campbell, Cowan, Creitor, Cummings,
Hopkins, Janvary, Orr, Puttick and Sherar.
Alderman Ward.
Hendershot,
Hinsperger,
No. 140 - Blue Bell Rebekah Lodge, No. 68 - Re: 'Rebekah Week'. The
communication asks Council to endorse the week of May 26th to 31st, 1991, as
"Rebekah Week'.
ORDERED on the motion Of Alderman Hendershot, seconded by Alderman Cummings, that
the request be approved. Carried Unanimously.
No. 141 - The Canadian Nearing Society - Rez 'Hearing Awareness Month". The
communication asks Council to endorse the month of May, 1991, as 'Hearing
Awareness Month'·
- 4 -
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the request be approved. Carried Unanimously.
No. 142 -DowntownNiagara Falls, Board of Management - Re: The Ontario Retail
Holiday Act. The communication asks Council to take steps to have areas,
outlined in the Downtown Board of Management, designated as Tourist Exempt Areas
under the Act.
The communication was withdrawn from the agenda at the request of Mrs.
Anna Cotfield, chairman of the Downtown Board of Management.
No. 143 - Association of Municipalities of Ontario (aMo) - Re: 1991 Annual AMO
Conference, August 18 - 21, 1991.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the communication be received and filed. Carried Unanimously.
No. 144 - (BANDOUT) - The Chamber of Commerce Niagara Falls, Canada - Re: Budget
Reviews. The communication suggests a comparison of budget requests and previous
year's actuals, the services of an internal auditor, possible revision of
boundaries between cities and the Region, and a review of Police, Education and
Social Services, as well as resistance to new programs being initiated at the
Provincial and Federal levels.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the
communication be received and filed. The motion Carried with the following vote:
AYE:
NAYE:
Aldermen Campbell, Cowan, Cummings, Hendershot, Hinsperger, Hopkins, err,
Puttick, Sherat and Ward.
Aldermen craitor and Janvary.
REPORTS
PD-91-60 - Chief Administrative Officer - Re: City of Niagara Falls Environment
Award. The report recommends the followingz
1)
That the city's 1991 Environment Award be presented to nominees, Mr. Gary
Lemon (Staff and Students Of A.N. Myer), and Stamford centre Volunteer
Firemen's Association, for their contributions in promoting environmental
awareness;
2) That the recipients be contacted and arrangements made for the award
presentation at the Council meeting of June 3, 1991.
ORDERED on the motion of Alderman Campbell, seconded by Alderman
Hinsperger, that the report be received and adopted. The motion carried with
Alderman Cummings abstaining from the vote on a conflict of interest previously
recorded, and with all others voting in layout.
B-91-28 - Chief Administrative Officer - Re= SignApplication, Dairy Queen/Putt
Putt, 7280 Lundy's Lane. The report recommends that City council approve the
application for s ground sign, having a height of thirty feet (30') for Dairy
Queen and Putt Putt, On the south side of Lundy's Lane.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger, that
the report be received and adopted. The motion Carried with Alderman Hopkins
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
B-91-31 - chief A~-inistrative officer - Res Site Plan Approval, Proposed New
Dairy Queen & Putt Putt Mini Golf; South Side Lundy's Lane West Hydro Canal; Site
Plan Control 91-07. The report recommends that the Counoil approve the site
plan(s) on display at tonight's meeting, being a proposed commercial building
end mini putt golf course, and the 8its Plan being drawing Number Xl-2815, and
- 5 -
the Grading and Servicing Plan being drawing Number X2-2815, and filed with the
Buildings and Inspections Department of the city of Niagara Falls on April 29,
1991, and that such approval be subject to the conditions contained in the
report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion Carrie____~d with Alderman Hopkins
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
B-91-29 - Chief Administrative Officer - Re: 1991 Tender for Mowing of Private
Lots and for Chemical Weed control. The report recommends that the tender
submitted by Niagara Commercial Cutting, for the mowing of private lots, be
accepted. It is further recommended that the tender submitted by Chemlawn, St.
Catharines, for chemical weed control be accepted and that the by-law and
agreement, appearing later on tonight's agenda, be approved.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Hinsperger, Hopkins, Janvary,
err, Puttick, Sherat and Ward.
NAYE: Alderman Hendershot.
See By-law No. 91-114.
B-91-32 - chief Administrative Officer - Re: The Buildings & Inspections
Department Report for April 1991. The report provides information regarding
Permits Issued and Highlights for April as well as May Proposals, and recommends
that this report be received and adopted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
S-91-12 - Chief Administrative officer - Re: Application for Judge's Order to
Close Part of Laneway behind Chalet Motor Inn & Sale of that Part of the Laneway
Parts 1, 2 & 3, Reference Plan 59R-7270. The report recommends the following:
1) That the by-law appearing on this evening'e agenda, to authorize an
Application to a District Court Judge for the closing of that part of the
City laneway shown as Parts 1, 2 o& 3 on the attached Reference Plan 59R-
7270, be passed;
2)
That the by-law appearing on this evening,s agenda, to authorize the
conveyance of part of the laneway, referred to in Recommendation No. 1,
above, to Chalet Motor Inn (Niagara) Limited, is hereby approved and
authorized.
ORDERED on the motion of Alderman Ward, seconded by Alderman cowan, that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-109
and B -law No. 91-110.
8-91-14 - Chief Administrative officer - Re: conveyance of Block 45 in the Mount
Carmel Plan 3 Subdivision from River Realty Development (1976) Inc. to the
Ministry of Transportation.
This report was withdrawn from the agenda at the request of the Solicitor.
F~PI-aS - Chief Administrative officer - Rez Supply, Maintenance and Management
of Waterworks. The report recommends that Council adopt the amendments to By-
law No. 75-20, as amended, regulating the supply, maintenance and management of
waterworks, to reflect 1991 water and service rate increases, effective June 1,
1991.
- 6 -
ORDERED on the motion of Alderman Ward, seconded by Alderman Hineperger, that
the report be received and adopted. Carried Unanimously.
See By-law NO. 91-119.
F-91-20 - chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $576,604.09, for the period ending May
6, 1991, be approved by the passing of the by-law appearing later on the agenda.
Additional information was provided on Cheque No. 67715.
ORDERED on the motion Of Alderman Ward, seconded by Alderman Sherat, that the
report be received and adopted. The motion ~ with Alderman Hinsperger
abstaining from the vote on Cheque No. 67568 on a conflict of interest previously
recorded, and with all others voting in fayour.
See BV-law No. 91-120.
CD-91-31 - Chief Administrative Officer - Re: Amendments to By-law 76-102;
Schedule 13 - Hawker & Pedlar; Schedule 22 - Refreshment Vehicles. The report
recommends that Council adopt the proposed amendments to the Licencing By-law
relating to the licensing, regulating and governing Hawker & padlate and
Refreshment Vehicles (motorized and non-motorized) pursuant to the provisions
of The Municipal Act, R.S.O. 1980, as amended, and the amending by-law appearing
on tonight'e Agenda to include the restriction of conducting business on
Municipally owned property.
ORDERED on the motion of Alderman err, seconded by Alderman Janvary# that the
report be received and adopted- Carried UnanimouslY-
See By-law No. 91-117,
and BV-laW No. 91-118.
RESOLUTION
No. 23 - Ct~4MING8 - HINSPERGER - RESOLVED that the Weed Inspector of the City
of Niagara Falls be directed to cause noxious weeds or weed seeds on any
subdivided portion of the Municipality and lots not exceeding ten acres, whether
or not the lots are part of a plan of subdivision, to be destroyed in the manner
prescribed in the regulations made under the Weed Control Act; AND the Seal of
the corporation be hereto affixed.
The motion carried with Alderman Hendershot~voting contrary, and with all others
voting in fayour.
No. 2~ - ~ENDEREHOT - HINaPERGER - RESOLVED that the City of Niagara Falls
temporarily transfer the ownership of land shown as Part 4 on Reference Plan 59R-
7092 to River Realty Development (1976) Inc. for the sole purpose of allowing
River Realty Development (1976) Inc. to complete its Land Titles Application and
thereafter to receive the said Part 4 from River Realty Development (1976) Inc.
forthwith upon River Realty Development (1976) Inc. completing its Land Titles
Application, provided, that River Realty Development {1976) Inc. give an
Undertaking, in a form satisfactory to the city Solicitor, to transfer the said
Part 4 back to the City after completion of its Land Titles Application or at
any time upon demand by the City;
~ND FURTHER that River Realty Development (1976) Inc. be responsible for any
costs, charges or fees assoola'~ed with the said. transfer or reconveyance with
respect to Part 4;
AND the seal of the Corporation be hereto affixed.
Carried UnanimouslY.
- 7 -
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-109 - A by-law to authorize an application for the closing of part of the
lane between Walnut Street and Centre Street.
Ne. 91-~10 - A by-law to authorize the sale of land to Chalet Motor Inn (Niagara)
Limited.
No. 91-111 - A by-law to amend By-law No. 79-100, as amended. (AM-36/90, 537786
Ontario Ltd., 2634 St. Paul Ave.; Report PD-91-19 approved by
Council 1991 02 11).
No. 91-112
- 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 plane and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1983). (AM-36/90).
91-113
- A by-law to authorize the execution of a lease with The Regional
Municipality of Niagara for public parking of motor vehicles
respecting a boat launching ramp.
No. 91-110 - A by-law to authorize the execution of an agreement with Che~Lawn
Inc. - Niagara for chemical weed control.
No. 91-~15
- A by-law to authorize the execution of an agreement with Upper
Canada Planning & Engineering Consultants Ltd. for engineering
design services.
NO. 91-116
A by-law to authorize the execution of an agreement with John Vander
Weyden, carrying on business as Niagara Commercial Cutting for
mowing weeds on private lots.
91-117 - A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issuance of licenoes. (Hawker & Pedlars).
NO. 91-~18 - A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issuanse of licences. (Refreshment vehicle).
91-119
- A by-law to amend Sy-law No. 75-20, as amended, to regulate the
supply of water and to provide for the maintenance and management
of the waterworks and for the imposition and collection of water
rates.
No. 91-120 - A by-law to provide monies for general purposes.
He. 91-121 - A by-law to authorize the execution of a Transfer of Land to River
Realty Development (1976) Inc.
The motion Carried with Alderman Hendershot voting contrary on By-law No. 91-
114; with Alderman Rinsperger abstaining from the vote on By-law No. 91-120 as
previously recorded under Report No. F-91-20; and with all others voting in
fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
following by-laws be now read a seeend and third time:
He. 91-109 - a by-law to authorize an application for the closing of part of the
lane between Walnut Street and Centre Street.
No. 91-~10 - A by-law to authorize the sale of land to Chalet Motor Inn (Niagara)
Limited.
-8-
No. 91-111 - A by-law to amend By-law No. 79-100, as amended.
No. 91-112 -
A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas
without the approval of plans and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1983).
No. 91-113 -
A by-law to authorize the execution of a lease with The Regional
Municipality of Niagara for public parking of motor vehicles
respecting a boat launching ramp.
No. 91-114 - A by-law to authorize the execution of an agreement with themLawn
Inc. - Niagara for chemical weed control.
NO. 91-115 -
A by-law to authorize the execution of an agreement with Upper
Canada Planning & Engineering Consultants Ltd. for engineering
design services,
No. 91-116 -
A by-law to authorize the execution of an agreement with John Vander
Weyden, carrying on business as Niagara commercial Cutting for
mowing weeds on private lots.
No. 91-117 - A by-law to amend By-law No· 76-102, as amended, being a by-law
respecting the issuance of licenoes. (Hawker & Pedlars).
No. 91-118 - A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issuance of licenoes. (Refreshment vehicle).
No. 91-119 -
A by-law to amend By-law No. 75-20, as amended, to regulate the
supply of water and to provide for the maintenance and management
of the waterworks and for the imposition and collection of water
rates.
No. 91-120 - A by-law to provide monies for general purposes.
No. 91-121 - A by-law to authorize the execution of a Transfer of Land to River
Realty Development (1976} Inc.
The motion Carried with Alderman Hendershot voting contrary on By-law No. 91-
114; with Alderman Rinsperger abstaining from the vote on By-law No. 91-120 as
previously recorded; and with all others voting in layout.
NEW BUSINESS
Z~.a4s OF CONCERiqz
Plaques on Rainbow Bridge -
Alderman Puttick expressed concern regarding the condition of Plaques on the
Rainbow Bridge end requested that the Bridge Commission be asked to give the
matter some attention.
Reaching Dairy 9dean -
Alderman Sherat referred to the upcoming rezoning of the Oakwood Gardensproperty
south of Lundy's Lane and expressed concern regarding the possibility of the
mature trees being removed prior to the Public Hearing. He asked that the owner
of the property be approached with e request that the removal of trees be held
in abeyance until after the Hearing.
Blossom Festival Parade -
Alderman Cummings discussed the success of the Parade which was held on 8eturdayt
May 4th, 1991, and noted that the Niagara Regional Police won the Tug-of-War.
-9 -
Y.M.C.A./Y.W.C.A. -
Alderman Craitor stated that the Riagera Falls Family Y.M.C.A. would be
presenting a report to Council regarding future plans and programs. He further
stated that he would present a response to Council with regard to the anonymous
letter of accusation which had been received by the Y.W.C.A.
OntarAo Traffic conference - Niagara Falls -
Alderman Campbell referred to the OTC which is currently being held in the City
of Niagara Falls, and invited Aldermen to attend·
Election- 1991 -
His Worship Mayor Smeaton advised council that he would not be seeking re-
election for the office of Mayor in the 1991 elections·
It was moved by Alderman Campbell, seconded by Alderman err, that the
meeting adjourn.
~T~.D.~ADO ED ......
FIFTEENTH MEETING
SPECIAL MEETING
council Chambers
May 13, 1991
Council met On Monday, May 13th, 1991, at 5:30 p.m., in a special Meeting
for the purpose of considering a Waste Management matter, and the 1991 Budget.
All members of Council were in attendance. His Worship Mayor smeaton presided
as Chairman.
REPORT
MW-91-127 - Waste Management Sub-Committee - Re: Waste Management ~ Collection
Services. The report recommends the following:
1) Recommendations from Waste Management Sub-COmmittee -
(i) That the City's current Large Volume Waste collection Service (2
cubic yards) cease on June 30, 1991;
(ii) That Large Volume Collection Service to the High Density Residential
Sector be provided by the City by way of contractual services; ~
All subject to the 'modified' Four-Part Rule.
2) Recommendation from Staff -
It is recommended that a further report be presented with respect to
increasing Tipping Fees at the Landfill, if necessary, effective after
Labour Day, 1991.
Alderman Hopkins declared a Conflict of interest because the matter
affects his job.
ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that
the report be received and adopted. The motion Carried with Alderman Hopkins
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
, , , , ,
It was moved by Alderman campbell, seconded by Alderman Cummings, that the
Council adjourn to Committee of the Whole, Committee Room No. 1, at 5:30 p.m.,
to discuss a matter with respect to the Niagara Falls, Canada, Visitor
Convention Bureau. Carried Unanimously.
The Council reconvened in the Council Chambers, at 6:00 p.m., for the
balance of the Special Meeting, being a final consideration of the 1991 Budget.
Mis Worship Mayor Bmeaton offered the Opening Prayer.
· , · · ,
CONFLICTS OF INTEREST
Alderman campbell declared a conflict of interest on Report No. F-91-20,
Current Budget (city Portion), under Grants, because the Y.M.C.A. is a client.
Alderman Craitor declared a conflict of interest on Communication No. 1,
Occupation Help & Development Centre, because he is a volunteer member of the
Board.
Alderman cummings declared a conflict of interest on the Report No. F-
91-20, Niagara Promotion Association and the Stamford Volunteer Flremen's
Association because he is a member of both Associations.
-2 -
Alderman Hendershot declared a conflict of interest on Communication No.
1, because he is a member of the Board; and on Report No. P-91-21 and By-laws
No. 91-122, 91-123 and 91-124, because he is employed by the Board of Education.
Alderman Hopkins declared a conflict of interest on the Y.W.C.A., because
his employer has a business relationship-
Alderman Ward declared a conflict of interest on the Niagara Falls,
Canada, Visitor & Convention Bureau because he has a business relationship-
DEPUTATIONS
1991 BUDGET - GRANTS -
Y.W.C.A. -
Mrs. Edie G. Rosenblatt, President, and June McGregor, Executive Director,
of the Y.W.C.A., were in attendance. Mrs. Rosenblatt distributed and reviewed
a communication containing information regarding internal changes in the
Y.W.C.A., and advised that an On-site Analysis had been requested for the fall
of 1991 through the Y.W.C.A. of Canada, and that a detailed operational review
and problem solving process would be completed with recommendations from the
Board of Directors in order to implement a strategic plan in 1991.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, the
1990 Budget level be reaffirmed, and that approval be given for a grant in the
amount of $123,300.00. The motion Carried with Alderman Hopkins abstaining from
the vote on a conflict of interest previously recorded, and with all others
voting in fayour.
Niagara Falls Canada, Visitor & Convention Bureau -
Mrs. Amy Bignucolo, Chair, Board of Directors of the Visitor & convention
Bureau, was in attendance. She distributed and reviewed information with regard
to tcurism visits on an international scale, in terms of activities and events,
and discussed the statistical data attached to the report. Mrs. Bignucolo
expressed appreciation for the assistance of Mr. Stephen Pearce, Ministry of
Recreation & Tourjam, who was in attendance. She requested the support of
Council for the 1991 Budget request in the amount of $363,068.00.
It was moved by Alderman Campbell, seconded by Alderman Craitor, that a
grant in the amount of $363,068.00 be approved for the Bureau. The motion waa
Defeated with Alderman Ward abstaining from the vote on a conflict of interest
previously recorded, and with the following vote:
AYE: Aldermen Campbell and traitor.
NAYE: Aldermen Cowan, Cummings, Headershot, Hi~sperger, Hopkins, Janvary, Orr,
Puttick and sherat.
A discussion followed regarding participation of the City, Visitor &
Convention Bureau and Niagara Parks Commission in the Festival of Lights.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman curmnings, that
council approve a grant in the amount of $325,000.00 for the Niagara Falls,
Canada, Visitor & Convention Bureau, with no classification conditions, and with
the understanding that a meeting be held between the Visitor & Convention Bureau,
the Niagara Parks commission, and city Staff with respect to the Festival of
Lights. The motion carried with Alderman Ward abstaining from the vote on a
conflict of interest previously recorded, and with the following votes
AYE: Aldermen Campbell, Cowan, Craitor, Cummings,
Hopkins, Janvary, Orr, Putrisk and Sherat.
NAYE: A~derman Orr and Puttick.
Hendershot, Hinsperger,
Distress Canire -
Mr. Else Drost, Treasurer of the centre was in attendance. He discussed
the group's response to 'life-threatening situationsm, increased calls, as well
as 'real problems and horrendous stories".
· 3
- 3 -
During the discussion, it was noted that the United Way had funded the
Distress Centre in the amount of $12,000.00, conditional upon the name of the
group being changed to reflect its operation in and funding from the Niagara
area. The group had refused the condition and would not therefore be eligible
for further funding from the United Way.
It was moved by Alderman Hinsperger, seconded by Alderman Craitor, that
a grant in the amount of $10,500.00 be approved. The motion was Defeated with
the following vote:
AYE:
NAYE:
Aldermen Craitor, Hinsperger, Hopkins and Janvary.
Aldermen Campbell, cowan, Cununings, Headershot, Orr, Puttick, Sherat and
Ward.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
CumMings, that a grant in the amount of $8,000.00 be approved. The motion
Carried with the following vote:
AYE:
NAYE:
Aldermen Cowan, Craitor, Cummings, Hendershot, Hinsperger, Hopkins, Orr,
Puttick, Sherat and Ward.
Alderman Campbell.
Niagara Falls Volunteer Bureau
Janlce Wiggins, President, Jackie Strong, Vice-President, and Lynne
Savage, Executive Director of the Bureau~ were in attendance. Jackie Wiggins
distributed and reviewed information regarding the purpose, goals and activities
of the Bureau and asked Council to reconsider the Bureau's budget request.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
council approve a grant to the Niagara Falls Volunteer Bureau, in the amount of
$26,100.00. Carried Unanimously.
Project 8.B.A.R.E. -
COmmunication No. 145 - Project S.B.A.R.E. - Re: Reduced Budget. The
Communication attaches statistical data with respect to Statements of Expenses
and Expenditures for Emergency Co-op Service and Municipal Access, and submits
a request for 1991 funding, reduced to $64,286.00 from $77,239.00.
Ms. Rexanne Felice, Manager, was in attendance. She advised Council that
the organization had submitted a new budget.
During the discussion, reference was made to the need for priorities and
reduction in duplication of services during the recession period.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
communication be received and filed, and that approval be given for a grant to
Project S.H.A.R.E. in the amount of $64,288.00. The motion carried with the
following vote:
AYE: Aldermen Campbell, Craitor, Hendershot, Hopkins, Janvary, Sherat and Ward.
NAYE: Aldermen Cowan, Cummings, Hinsperger, Orr and Puttick.
John Ambulance Boat Patrol -
Mr. Jim Boutilier was in attendance. He discussed the activities of the
Boat Patrol~ in terms of lives saved and lectures to students on water safety,
and provided statistical data. Mr. Boutilier indicated the need for continuance
of this service in the community.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
a grant in the amount of $27,300.00, be approved. The motion Carried with the
following vote:
a
- 4 -
AYE: Aldermen Cowan, Craitor, cummings,
Puttick, Sherar and Ward.
NAYE= Aldermen Campbell, Janvary and Orr.
Hendershot,
Minsperger, Hopkins,
COMMUNICATIONS
No. 146 - Occupation Help & Development Centre - Re: 1991 Funding Grant. The
communication requests that Council reconsider the grant request for 1991.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
communication be received and filed, and further that the grant recommended by
the Finance Committee be approved. The motion carried with Craitor and
Nendershot abstaining from the vote of conflicts of interest previously recorded,
and with all others voting in fayour.
No. 147 - Information Niagara - Re: Funding Review. The communication provides
information regarding previous grants to the group.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
communication be received and filed, and further that the grant recommended by
the Finance Committee be approved. Carried UnanimousIv.
REPORT~
F-91-20 - Chief Administrative Officer - Re: 1991 Current Budget (City Portion).
The report recommends that the Council of the City of Niagara Falls approve the
following:
1) The 1991 current Budget (city Portion) as amended;
2) The 1991 Conferences & Conventions as amended;
3) The 1990 transfer of reserves.
During the discussion, Alderman Cummings, Chairman of the Finance
committee, commended Staff on their efforts to restrict 1991 budget costs.
During the discussion on the purchase of sedans and pickup trucks, Mayor Smeaton
asked that it be recorded that a review of the automobile policy of this
community, in terms of spending, mileage, etc., was requested.
Aldermen Hopkins indicated their opposition to the transfer of the
Museum'8 reserves to revenues.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward,
that the report, with revisions, be received and adopted. The motion Carried
with Aldermen Campbell, Craitor, cummings, Hendershot, Hopkins and Ward,
abstaining from the vote on conflicts of interest previously recorded; with
Alderman Hopkins voting contrary with respect to the transfer of the Museum
reserve fund to revenue; with Alderman Craitor voting contrary; with Alderman
Sherat voting contrary on Aldermanic salary increases; and with all others voting
in fayour.
F-91-21 - Chief Administrative officer - Rez 1991 Tax Hates. The report
recommends that the Council of the City of Niagara Fells receive this report for
informational purposes.
ORDERED on the motion of Alderman cummings, seconded 'by Alderman Ward, that the
report be received and adopted. The motion carried with Aldermen Bendershot and
Janvary abstaining from the vote on the Niagara South school Board, on conflicts
of interest, because they are employed by the Board; and with all others voting
in fayour.
See By-law No. 91-122.
NO. 91-123 and 91-124.
- 5 -
BY-LAWS
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-122 - A by-law to provide for the appropriations for the year 1991.
No. 91-123 - A by-law to fix the rate of taxation for 1991 and to provide for the
levying of taxes.
No. 91-124 - A by-law to provide for the collection of taxes for the year 1991.
The motion Carried with Aldermen Campbell, Craitor, cummings, Hendershot, Hopkins
and Ward, abstaining from the vote on conflicts of interest previously recorded;
with Aldermen Hendershot and Janvary abstaining from the vote on the Niagara
South Public School Board as previously recorded; with Alderman Hopkins voting
contrary with respect to the transfer of the Museum reserve fund to revenue; with
Alderman Craitor voting contrary; with Alderman sherat voting contrary on
Aldermanic salary increases; and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that
the following by-laws be now read a second and third time:
No. 91-122 - A by-law to provide for the appropriations for the year 1991.
No. 91-123 - A by-law to fix the rate of taxation for 1991 and to provide for the
levying of taxes.
NO. 91-124 - A by-law to provide for the collection of taxes for the year 1991.
The motion Carried with Aldermen Campbell, Craitor, Cummings, Mendershot,
Hopkins, Janvary and Ward, abstaining from the vote on conflicts of interest
previously recorded; with Alderman Hopkins voting contrary with respect to the
transfer of the Museum reserve fund to revenue; with Alderman Craitor voting
contrary; with Alderman Shetar voting contrary on Aldermanic salary increases;
and with all others voting in fayour.
, , , , ,
The meeting adjourned to Committee of the Whole.
READ AND ADOPTED,
COMMITTEE OF THE W~OLE
Committee Room #1
May 13, 1991
Council met on Monday, May 13th, 1991, at 7:15 p.m., in committee of the
Whole. All members of Council were present. Alderman Hendershot presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report at the Planning Meeting.
READ ~D ~OPTED,
S. SMEATON
SIXTEENTH MEETING
PLANNING MEETING
council Chaunbers
May 13, 1991
Council convened in the Council Chambers, on Monday, May 13th, 1991, at
7:45 p.m., for the purpose of considering Planning Matters. All members of
Council were in attendance. His Worship Mayor Smeaton presided as Chairman.
REPORTS - PLANNING DiATTERS
PD-91-61 - Chief Administrative Officer - Re: Zoning Amendment Application AM-
8/91, William C. Barrett, 6100 Thorold Stone Rd. (Dow Plaza). The report
recommends the following:
1}
That Council support the amendment to the Zoning By-law to site
specifically permit a billiards room to be established, subject to a
provision to limit the maximum gross floor area to 248 sg.m (2,670 sg.
ft.};
2) That Council direct Staff to prepare the by-law for enactment at a
subsequent Council meeting;
s)
That the applicant and the Regional Municipality of Niagara be advised
accordingly. ~
-~ND -
Communication No. 148A - Regional Niagara Planning & Development Department -
Re: Proposed Zoning By-law Amendment (AM-8/91), Billiards Room; 6100 Thorold
Stone Road (Dow Plaza). The communication advises that the Regional Planning
Department has no concerns with the proposal, but that since Thorold Stone Road
is a Regional road, comments of the Regional Public Works Department should be
considered.
- aND -
Communication No. 148B - Petition from Residents of the Area - Re: Zoning By-
law Amendment AM-8/91. The petition expresses strong opposition to any by-law
amendment which would permit a billiards room to be established in the plaza
building.
His Worship Mayor Smeaton declared the Public Meeting open and explained
the procedure to be followed under the Planning Act, 1983.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting were forwarded by first-class
mail on April 12th, 1991.
His Worship Mayor Smeaton indicated that the applicant 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 & Development discussed the subject lands with
the assistance of posted sketches; and reviewed the following information
contained in Technical Report No. PD-91-55: Proposal; General Information; and
Planning Review, including Background, Official Plan, Zoning, Licencing, and
Impact. He recommended that council support the amendment subject to the
conditions in the recommendation report.
Alderman Ward declared a conflict of interest because he owns property in
the area.
During the discussion, it was noted that this proposal was for a private
members club.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons present in fayour of, or opposed to the application.
- 2 -
Mr. Barrett, the applicant, stated that the intention was to have a
· respectable, up-scale club, with memberships to control the clientele', and
further, that no alcoholic beverages would be served on the premises.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting, with respect to AM-8/91, closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Binsperger, that the
report be received and adopted. The motion Carried with Alderman Ward abstaining
from the vote on a conflict of interest previously required, and with all others
voting in fayour.
PD~91-62 - chief Administrative Officer - Re: Zoning Amendment Application AM-
14/91, Ascot Woods Ltd., Block 73; Draft Approved Ascot Woods, Bxt. No. 4 Plan
of Subdivision. The report recommends the following:
1)
That Council support the amendment to the Zoning By-law to permit the
development of a 60 unit townhouse project, including provisions which
will increase minimum building setbacks from abutting roadways and provide
for a minimum of 1.5 parking spaces per dwelling unit;
2)
That Council direct Staff to prepare the by-law for enactment at a
subsequent Council meeting; and
3)
That the applicant and the Regional Municipality of Niagara be advised
accordingly.
Communication No. 149 - Regional Niagara Planning & Development Department - Re:
Prol0osed Zoning By-law Amendment AM-14/91, Ascot Woods Extension No. 4 Plan of
Subdivision, Montrose Road. The communication advises that the Regional Niagara
Planning Department has no objections to the proposed SO townhouse units, subject
to the comments of the Regional Public Works Department.
His Worship Mayor Smeaton declared the Public Meeting open and explained
that the procedure to be followed would be the same as the previous application.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting were forwarded by first-class
mail on April 12th, 1991.
His Worship Mayor Smeaton received indication that Mr. Brian Sinclair,
Solicitor, was in attendance on behalf of the applicants; and received a positive
response to his request for a show of hands by persons present who were
interested in the application. Be 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 & Development discussed the subject lands with
the assistance of posted sketches; and reviewed the following information
contained in Technical Report NO. PD-91-52; Proposal; General Information;
Planning Review, including Background, official Plan, Nature of the Zone Change,
and compatibility; and Site Plan Control. He recommended that Counoll support
the amendment subject to the conditions in the recommendation report.
Aldermen Cummings and Sherat declared conflicts of interest because their
employer has a business relationship with the applicant.
A negative response was received to Mayor Smeaton'e request for comments
frompersons present, other than the applicant and his agent, who were in fayour
of the application.
The following residents were in attendance to express concerns regarding
the applications Roy Rogers, 7770 Windfield Street; John Moore, 6694 Riall
Street; John Grimo, 5000 Montrose Noad$ and Kaveh Etezsdi, 7789 Preakness Street.
They referred to the denial of a previous application for an amusement park on
the subject lands, to the surrounding housing units, the placement of earth in
-3 -
the proposed park, housing density, property values, noise, dust, exhaust fumes
and buffering. A petition signed by a number of concerned residents living on
Preakness Street, was submitted, andquestions were raised regarding the proposed
number of housing units, fire hydrants, storm sewers, sump pumps, the speed of
current vehicles on Preakness Street, and fencing.
The Director of Planning & Development explained that the questions
regarding services were handled through another process$ that the question of
fire hydrants were in the subdivision agreements and that this application was
for a zoning amendment to establish land use regulations, a townhouse rather than
an apartment building. Me discussed the items of concern to be dealt with under
the site plan control process.
Mr. Brian Sinclair referred to the conditional Offer to Purchase received
from Kenmore Construction, discussed the proposed cooperative housing, the
housing mix, landscaping, and an enclosed playground for children. He stated
that they were desirous of keeping an apartment away from Montrose Road, and that
efforts were being made to make the proposal viable and attractive. Mr. Sinclair
responded to questions regarding the criteria for occupancy, referred to the
three noise studies which had been completed and the comments of the Ministry
of the Environment.
Mr. Ralph Belvedere, Architect, responded to questions raised regarding
Construction materials, responsibility for construction and maintenance of the
boulevard, as well as services. Be discussed changes in the proposal in orde~
to reduce asphalt roads and parking, and increase landscaping open space.
Mr. Jim Kaufman, representing Kenmore Momes, replied to questions raised
with respect to cost per unit, and explained the procedure and responsibilities
of cooperative habitation. Me advised that the group sponsor was the Skyline
Corporation.
Mr. Ian Fripp, Cooperative Mousing Association of Ontario, was in
attendance with Charles Maloney and two other members of the Board of Directors
of Skyline, living in Niagara Falls. He explained efforts to obtain affordable
housing in conjunction with Project S.H.A.R.E.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting, with respect to AM-14/91, closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
the report be received and adopted The motion Carried with Aldermen cummings
and Sherat abstaining from the vote on conflicts of interest previously recorded,
and the with following vote:
AYE:
NAYE:
Aldermen campbell, Cowan, traitor, Hendershot, Hinsperger, Hopkins, Orr,
Puttick and Ward.
Alderman Janvary.
PD-91-65 - chief Administrative Officer - Re: Zoning By-law Amendment
ApplicationAM-9/91, Mikulcic Construction and 642217 Ontario Limited; Katherine
Draft Plan of Subdivision. The report recommends the following:
1)
That Council support in principle the Zoning By-law amendment for the
Katherine draft plan of subdivision, including the modifications to the
zones requested;
2)
That Block 22 in the plan be made subject to site Plan control to address
grading, fencing, storm water management, etc.;
That Council direct Staff to prepare the by-laws for enactment at a
subsequent Council meeting after the subdivision is draft approved and the
applicant has undertaken a study to determine the boundary of the Hazard
Land (ML) sone to the satisfaction of the Niagara Peninsula Conservation
Authority, the Ministry of Natural Resources and the City,s Municipal
Works Department; and
-4 -
That the applicant and the Regional Municipality of Niagara be advised
accordingly.
- AND -
communication No. 150A - Ministry of Natural Resources - Rez Zoning By-law
Amendment, Part Lot 54, Concession n/a (Stamford), File No. AM-9/91. The
communication advises that concerns of the Ministry would be accommodated if the
amendment was replaced with another that incorporated a vegetative buffer.
-aND -
communication No. 150B - Niagara Peninsula Conservation Authority - Re: The
Katherine Plan Rezoning Application NO. AM 9/91, Part of Lot 54 (stamford
Township). The communication advises that the Conservation Authority has no
objections to the rezoning, provided the lands located below the Regional Storm
flood elevation remain zoned as hazard in accordance with Provincial Floodplain
Policy; comments that proceeding with the rezoning at this time may be premature,
since hazard zoning would restrict development on these lots, and suggests that
the rezoning be deferred until the developer has investigated site specific
requirements for development on these lots.
- AND -
Communication NO. 150C (HANDOUT) - Regional Niagara Planning & Development
Department - Re: Proposed Zoning By-law Amendment AM 9/91, Katherine Plan of
Subdivision, Montrose Road. The communication advises that the Regional Planning
Department has no objections to the proposed amendment, and that comments from
the Regional Public Works Departments with respect to a 10' road widening and
one foot reserve should be carefully addressed, particularly with respect to
servicing.
His Worship Mayor Smeaton declared the Public Meeting open and explained
that the procedure would be the same as the preceding applications.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting were forwarded by first-class
mail on April 12th, 1991.
His Worship Mayor Smeaton received indication that Mr. Herman Demote, the
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 Clerk prior to leaving the
meeting.
The Director of Planning & Development discussed the subject lands with
the assistance of posted sketches; and reviewed the following information
contained in Technical Report No. PD-91-53: Proposal; General Information;
Planning Review, including Background, Nature of the Zone Change, and
compatibility; as well as Site Plan Review. He recommended that Council support
the amendment subject to the conditions in the recommendation report. The
Director of Planning & Development replied to questions raised with regard to
Lots 8 and 9 being subject to the approval of the Niagara Peninsula Conservation
Authority and Ministry of Natural Resources.
A discussion ensued with respect to the policy of dedication for
neighbourhood parklands.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons present in fayour of~ or opposed to the application.
Mr. Demote expressed concern regarding the 'hazard land' zoning, and
stated that the "small river' was actually a 'ditch' put there by himself 15
years ago, and asked the cooperation of the City with regard to this matter.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting, with respect to aM-9/91, closed.
ORDERED on the motion of Aideman Campbell, seconded by Alderman Cr&itor, that
the report be received and adopted. Carried Unanimously.
- 5 -
PD-91-69 Chief Administrative Officer - Re: Official Plan Amendment
Application 0PA-195, Vince DiCesims, 7230 - 7280 Lundy#s Lane. The report
recommends that Council not support the amendments proposed to the official Plan
in fayour of maintaining the lands for prestige industrial and business park
development.
-AND -
Communication No. 151A - Ministry of Natural Resources - Re= Official Plan &
Zoning By-law Amendment; Part Lot 141, 148 & 157, Concession n/a (Stamford),
File No. OPA-195 & AM-32/90. The communication suggests that through site plan
control, the existing woodlot be incorporated into the design of the proposed
development as much as possible.
- AND -
Communication No. 151B - Fred Paul, Hynde Paul Associates - Re: Proposed
Official Plan & Zoning By-law Amendments; OPA-195 & AM-32/90; Proposed Oakwood
Gardens Subdivision, V. Dicesims. The communication, on behalf of the applicant,
requests a further review of the rezoning request, pending resolution of the OPA
question, and advises that the applicant is prepared to absorb any cost
associated with postage for further public notification, should a second Public
Meeting for the requested Zoning By-law Amendment be required.
Communication No. 151C - Fred Paul, Hynde Paul Associates - Re= Proposed OPAl
195 & AM-32/90, Oakwood Gardens Subdivision. The communication attaches copies
of a Technical Planning report prepared by the firm, for the information of
Council.
-AND -
Communication No. 151D - Regional Niagara Planning & Development Department -
Re: Proposed Official Plan & Zoning By-law Amendment, Mixed Uses, Residential;
7230 & 7280 Lundy's Lane, and some Ontario Hydro lands. The communication
attaches comments which indicate that residential development may not be the most
appropriate use of the site, and suggests that the present Prestige Industrial
zoning and designation appears to be the best land use.
- AND-
Communication No. 151E (HANDOUT) - Petition/Residents of clare Crescent, McMillan
Drive & Brookfield Avenue South - Rez Proposed Oakwood Gardens Subdivision.
The petition indicates acceptance of the idea of prestige residential single
family homes; reduction of density by allowing 50' lot frontage rather than 45';
requests that mature trees be retained where possible; and indicates reluctance
to have the wildlife sanctuary in the neighbourhood destroyed.
His Worship Mayor Smeaton declared the Public Meeting open and explained
the procedure to be followed under the Planning Act 1983.
The Director of Planning & Development read the Declaration of the clerk
that a Notice of the Public Meeting, with respect to the Official PlanAmendment,
was published in the Niagara Falls Review on April 12th, 1991. He stated that
the Zoning matter had been withdrawn at the request of the applicant, and that
the Official Plan Amendment only would be considered.
His Worship Mayor Smeaton received indication that Mr. V. DiCesims, the
applicant, and Mr. Dante Marineill, Solicitor, were 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.
Alderman Hopkins declared a conflict of interest because a member of his
family has a business relationship with this matter.
The Director of Planning Q Development discussed the subject lands with
the assistance of posted sketches; and reviewed the following information
contained in Technical Report No. PD-91-59X Proposal; General Information;
Circulation Comments; Planning Review, including Previous Application, Official
Plan, Proposed Industrial Policies, Land Use Compatibility & Development
6
Constraints, and Nature of the official Plan Amendment. He discussed the type
of environment being 'sensitive to trees' and suggested that an enlarged park
facility would preserve the trees. Re recommended that Council not support the
proposed amendment-
The Director of Planning & Development referred to the current revision
of the City's Official Plan, and discussed the nearby Montrose Business Park.
In response to questions raised, the Director of Municipal Works stated
that the high lift pumping station was a question of concern to the City, the
Region and the Ministry of the Environment, would be dealt with through the
planning process, and might determine whether or not a subdivision could be
developed now or in the future.
During the discussion, concern was expressed that, subsequent to
notification, the Economic Development Agency had not provided comments regarding
this matter. It was noted that the Agency had been notified.
Mr. Tim McMahon, 6295 Clare Crescent, expressed the view that if the lands
remained industrial prestige, with unknown future development and trees removed,
the noise might be higher than for a single family residential subdivision, that
single family residential was preferred, and expressed concern regarding multiple
family housing. He reviewed the handout petition which was signed by residents
of clare crescent, McMillan Drive and Brookfield Avenue South, and accepted the
idea of prestige residential single family homes.
Mary and John Brettle, 6387 Clare Crescent, discussed the proximity of the
subject lands to the Queen Elizabeth Way, and the accompanying noise of traffic
on the highway; questioned the purchase of Ontario Rydro lands; and expressed
the opinion that the property was not appropriate for residential zoning.
Mr. Paul Naray, 6311 Clare Crescent, was in agreement with the
recommendation of Staff that the property remain prestige industrial, because
of the advantage of advertising along the Q.B.W., stated that there would be less
traffic with this zoning, and approved of single family prestige homes.
Mr. Marineill confirmed that the Public Meeting was being held to deal
with the designation of the Official Plan only. He referred to the suggestion
of Staff that a 'more acceptable form of residential use for these lands would
eliminate single family lots'. Mr. MarineIll expressed the opinion that the best
use of these lands would be 'strictly multiple family, to create clusters of
buildings' located throughout the lands, preserving the majority of the woodlot.
Be stated that the applicant would be in agreement, because he would achieve a
· higher density as a trade-off'.
Mr. Fred Paul, Mynde Paul Associates, discussed the owners' inability to
market the property for prestige industrial, stated that the plan and rezoning
amendment had been withdrawn and expressed the view that prestige industrial
would not preserve the trees. Me referred to the front yard setback, as well
as parking and buildings, and stated that they were in fayour of tree
preservation. Mr. Paul referred to the lands as isolated, suggested that a study
of appropriate land use might be completed and a study regarding the preservation
of trees was a possibility.
Mr. MarineIll advised that single family had originally been proposed,
and then changed because of concern expressed. He suggested that multiple family
would provide the best opportunity for preserving the woodlots; that a
residential subdivision would provide the Municipality with greater powers under
the Planning Act, to restrict land for park purposes, and that a good portion
of the woodlot could be designated as lots for park purposes. Mr. Marineill
discussed the Niagara Industrial subdivision to the south of the subject lands,
where services had been installed 20 years ago, and which still contains vacant
lots, and compared this situation with a residential development where lots were
prosold. Me stated that these lands would not be developed for industrial
purposes because there was no need for industrial property, that residential
could be made to 'fit the property', asked Council to approve the request for
a change in designation, and stated that the applicant would be in agreement with
any required studies. He further stated that they would work with Staff, the
Ministry of the Environment and the Ministry of Natural Resources.
- 7 -
since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting, with respect to OPA 195, closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the
application for an amendment to the official Plan to change the designation of
the subject lands from prestige industrial to residential, be approved. The
motion Carried with the Alderman Hopkins abstaining from the vote on a conflict
of interest previously recorded, and with the following vote:
AYE: Aldermen Campbell, Craitor, Hendershot, Hinsperger, Orr, Puttick and Ward.
NAYE: Aldermen Cowan, Cu~unings, Janvary and Sherar.
PD-91-63 - Chief Administrative Officer - Re: Proposed Regional Policy Plan
Amendment 50, Golf course Application; Mr. Jim Maraschiello, Greenworld
Enterprises Ltd. The report recommends that the Region of Niagara be advised
that the City considers Regional Plan Amendment No. 50 to be premature and does
not support the application.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
report be received and adopted. Carried Unanimously.
PD-91-67 - Chief Administrative Officer - Re: Review Of Proposed Housing.~
Policies, Regional Niagara Policy Plan. The report recommends that the contents
of this report be endorsed by Council and forwarded to the Region for
consideration in the final drafting of Regional Niagara Policy Plan amendments
for housing.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherar, that
the report be received and adopted. Carried Unanimously.
PD-91-64 - Chief Administrative Officer - Re: Interim Control Amendment
Application IMC-14/91 - James Susin. The report recommends that the Interim
Control Amendment Application IMC-14/91 be approved.
Alderman Hopkins declared a conflict of interest because the subject lands
adjoin his property.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan,
that the report be received and adopted. The motion carried with Alderman
Hopkins abstaining from the vote on a conflict of interest previously recorded,
and with all others voting in fayour.
PD-91-66 Chief Administrative Officer Re: Interim Control Amendment
Applications IMC-05/91, IMC-10/91 & IMC-11/91, Parts 1, 4 and 8, 59R-5128. The
report recommends the following:
l)
2)
That applications IMC-10/91 and IMC-ll/P1 be approved for the reasons
noted in this report; and
That application IMC-05/91 be approved with respect to Part 8 of Reference
Plan 59R-5128 only.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
CD-91-34 - Chief Administrative Officer - Re: Proposed Plan of Condominium
Subdivision - 'Brandon Park Mall'; File No. 26-CD-91008(1); Owners BMVH Holdings
Ltd. (Mr. Bruno Mettel, Treasurer). The report recommends that the City Clerk
be authorized to process the application for the Brandon Park Ms11 Condominium
Subdivision and that a report be prepared for Councll's further consideration
of this Plan, based on technical information received, public input, etc.
- 8 -
ORDERED on the motion of Alderman Sherat, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimousiv.
CD-91-35 - Chief Administrative Officer - Re: Proposed Plan of condominium
Subdivision - 'Pine Mansions"; File No. 26-CD-91007(1); Owner= Pine Wood Homes
(TARA) Ltd. - (Mike Colaneri). The report recommends that the City Clerk be
authorized to process the application for the 'Pine Mansions' Condominium
Subdivision and that a report be prepared for Council's further consideration
of this Plan, based on technical information received, public input, etc.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
9
Mayor's office to make an official declaration of National Access Awareness Week
to promote the activities and efforts of the Committee.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
request be granted. Carried Unanimously.
No. 153 (HANDOUT} - The Premier of Ontario - Re= 'Arrive Alive-Drive Sober Week'
- May 13th to 20th, 1991. The communication requests support of the impaired
driving movement by proclaiming "Arrive Alive-Drive Sober Week'.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
request be granted. Carried Unanimously.
NEW BUSINESS
CD-91-36 - Chief Administrative Officer - Re: Proposed Plan of condominium
Subdivision - 'Walnut Grove Estates'; File No. 26-CD-90013(1); Ownerr 842720
Ontario Ltd. (Rick Harrison). The report recommends that the 'Walnut Grove
Estates' Condominium Subdivision be approved subject to the conditions enumerated
in this report.
Alderman Hopkine declared a conflict of interest because his employer has
a business interest.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hineperger,
that the report be received and adopted. The motion Carried with Alderman
Hopkins abstaining from the vote on a conflict of interest previously recorded,
and with all others voting in favour.
ITEM OF INTEREST:
Miss Niagara -
Alderman Cummings referred to the attendance of Aldermen at the crowning of Miss
Tanya Memme, as Miss Niagara 1991-92 at the Park Hotel on Saturday, May 11, 1991.
Miss Memme was also winner of the talent segment of the competition.
, , , , ,
It was moved by Alderman Janvary, seconded by Alderman Cowan, that the
meeting adjourn. Carried Unanimously.
S-91-13 - Chief Administrative Officer - Re: Exemption in Zoning By-law for
Uses by Governments & Other Public Agencies. The report provides background
information with respect to a proposed Half Way House for parolees of the Federal
Penitentiary system, and recommends that the report be received for the
information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. It was further recommended that a copy of
the report be forwarded to the persons opposed. Carried Unanimously.
· · · · ·
REPORT
Report No. R-91-16 - Director of Parks & Recreation - Rez Niagara Falls Thunder
- Seasons Tickets. The report, which was considered earlier this evening in
Committee of the Whole, recommends that the funds currently allocated in the
Parks and Recreation Department Budget (Niagara Falls Arena), for an extra Staff
person to assist with the Thunder games, be re-allocated and used to cover costs
to promote the sale of season tickets, for the 1991 Budget year only.
Alderman Craitor declared a conflict of interest because he is Treasurer
of Junior B Hockey.
Alderman Hendershot declared a conflict of interest because a member of
his family is employed by the City.
ORDERED on the motion of Alderman Cummings, seconded by Aldenman
Hlnsperger, that the report be received and adopted. The motion carried with
Aldermen Craltor and Hendershot abstaining from the vote on conflicts of interest
previously recorded, and with all others voting in fayour.
COMMUNICATZON8
No. 152 (~aNDOUT) - National Access Awareness Week C~smittee - Rez National
ACCess Awareness Week - May 26th to June lst~ 1991. The communication asks the
READ ~D ~OPTED,
MAYOR
SEVENTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
June 3, 1991
council met on Monday, June 3rd, 1991, at 4:30 p.m., in Committee of the
Whole. All members of Council, with the exception of Alderman Cowan, were in
attendance. Alderman Hinsperger presided as chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
June 3, 1991
Council met on Monday, June 3, 1991, at 7:30 p.m., for the purpose
of considering regular business. All members of Council, with the exception of
Alderman Cowan, were present. His Worship Mayor Smeaton presided as Chairman.
Alderman Puttick offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Craitor asked that the May 13th, 1991 minutes be amended to
indicate that his conflict of interest with the item on the Occupation Help &
Development Centre was because he was a volunteer member of the Board.
Alderman Ward asked that the May 13th, 1991 minutes be amended to indicate
that his conflict of interest on the Visitor and Convention Bureau was because
he has a business relationship.
Alderman Sherar requested that the minutes of the Planning Meeting held
On May 13th, 1991, be amended under Report No. PD-91-69, page 6, to indicate that
during the discussion he had requested a Study respecting the preservation of
trees on the subject lands, and that Mr. Fred Paul had indicated that a Study
was a possibility.
ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the
minutes Of the meeting held May 6, 1991, and Special Meeting held May 13th, 1991,
be adopted as printed; and the minutes of the Planning Meeting held May 13th,
1991~ be adopted as amended. carried Unanimously.
CONFLICTS OF INTEREST
Alderman campbell declared a conflict of interest with Report No. F-91-
21, Municipal Accounts, cheque No. 67719 and 68050, because the YMCA is a client.
Alderman Craitor declared a conflict of interest on Report No. CD-91-37,
Lottery Licence Fees Schedule, end By-law No. 91-125, because he is an Executive
Officer for an organization which operates a bingo.
Alderman Cummings declared s conflict of interest on Report No. F-91-21,
Municipal Accounts, Cheque No. 68067 Niagara Promotion Association, because a
member of his family is employed with the organization; and on Cheque No. G7747
because he is employed by the firm.
Aldermen Hendershot and Janvary declared conflicts of interest on Report
No. F-91-21, Municipal Accounts, Cheque No. G8302 because they are employed by
the Board.
- 2 -
Alderman Ninsperger declared a conflict of interest on Report No. F-91-
21, Municipal Accounts, cheque Nee. 67734, 67735, 67893, 67911, 67928, 68066,
68210, and 68230 because a member Of his family is employed with the company;
and a conflict of interest on Report No. R-91-12, Concession Agreement - Niagara
South Recreation complex - Niagara South Recreation Association, and By-law No.
91-134, because he is a member of the Association.
Alderman Sherar declared a conflict of interest on Report No. F-91-21,
Municipal Accounts, Cheque No. 67747 because he is employed by the firm.
Alderman Ward declared a conflict of interest on Report No. F-91-21,
Cheque No. 67995 Niagara Recycling, because he has a business relationship
pending.
pRESENTATIONS
ACHIEVEMENT AWARDS - BADMINTON -
His Worship Mayor Smeaton presented Achievement Awards to Kathleen Hunt,
Jeff Garter, chris Durdan and Charmine Reid who were in attendance with their
Coaches, Mark Nelson, Gord Wade and Ross Durdan. He congratulated them on their
achievements at the Canadian Junior Badminton Championships in Calgary, and
wished them success in their future endearours.
ACHIEVEMENT AWARDS - A.N. MYER COUNCIL/WORLD AFFAIRS -
His Worship Mayor Smeaton presented Achievement Awards to Dinesh Parakh,
Mike D'Abramo, Llsa Talbot, Rob Waltere, Richard Lachman, and to Messrs. Keenan
and Kramer, Staff Advisors, for the A.N. Myer Council of World Affairs. He
congratulated them for their achievements at the Yale University Model United
Nations Conference and the Kent State University Model United Nations Conference.
NIAGARA FALLSENVIRONMEN~AWARD 1991 -
The following representatives of A.N. Myer Secondary School were in
attendance to receive the Niagara Falls Environment Award for 1991: Mrs. Franka
Moss, Principle, Garry Lemon, Teacher; and Students, Ian Climenhague, Don Harris,
John Iding, Mike Buckborough, Deanna Desson, Nancy Fiere, Ian Speck, Ginger
Miller, Sarah Foster and Celia Liu. Mayor Smeaton congratulated the group and
offered best wishes for the future.
His Worship Mayor Smeaton congratulated and presented Bob Prentice,
President, George CaBwell and Nort Weaver, of the Stamford Centre Volunteer
Firemen's Association with the Niagara Falls Environment Award for 1991.
DEPUTATIONS
NIAGARA FALLS PROFESSIONAL BASEBALL CLUB - SAKES PARK -
His Worship Mayor smeaton provided historical background with respect to
the development of the sakes Park in preparation for a major league facility at
a Class A ball level. He introduced Larry Grossman, the former Mlnister of
Industry and TouriBm; Harold Freeman, Chief Financial Advisor, and Steve Stunt,
Vice President, who were interested in bringing a Class A ball franchise to the
city of Niagara Falls.
Mr. Grossman, Chairman of the group, provided information regarding the
proposal to site the baseball franchise in the New York Penn League, discussed
monetary and social benefits to the community, and requested Council's approval.
The Director of Parks s Recreation provided information regarding actions
taken to accommodate the franchise at the park, in terms of activities, physical
additions and renovations at Sakes Park and the Optimist Park, scheduling,
operation of the concession by the Ladies Auxiliary, Greater Niagara Baseball
Association, parking, advertising, fencing, coats, and anticipated changes.
-3 -
Mr. Kenneth Eastman, President, G.N.B.A., requested additional information
and expressed concerns regarding operating funds, parking, safety for children,
and lack of prior knowledge, and suggested that further consideration should be
given to the proposal.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Henderehot, that a Letter of Intent, as presented and amended, be given to Larry
Grossman for consideration at the New York Penn League meeting scheduled for
Sunday, June 9th, 1991. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cummings, Hendershot, Hinsperger, Hopkins,
err, Puttick, Sherat and Ward.
NAYE: Alderman Craitor.
Janvary,
THE NIAGARA PARKS CO]~flSSION - FUTUR~ VENTURES -
Chairman Pamela Walker and Mr. D.W. Schafer, General Manager, Niagara
Parks Commission were in attendance. Chairman Walker reviewed the continuing
program of activities in the Park, discussed facilities provided for handicapped
persons, the restoration and enhancement of touriBm facilities in Niagara Falls,
and the creation of jobs during this recessionary period. She referred to plans
for the power generating station on Niagara River, the Festival of Lights, the
Week-end Awareness Program and participation in a year-round flower show in the
mid-west.
STATISTICS CANADA - CENSUS DAY -
Mr. Douglas Newson, Director for the Ontario Region, and christine Landry,
Manager, Census Communications, and Nancy Thompson, Access Area Manager, were
in attendance. Mr. Newson expressed appreciation of the support of Council with
regard to the 1991 Census and referred to the beneficial uses for the Provincial
and Federal Governments in this national undertaking.
UNFINISHED BUSINESS
LOTTERY LICENCE FEE SCHEDULE -
Repor~ No. CD-91-37 - Chief Administrative Officer - Re: Lottery Licence Fee
schedule. The report recommends that Council pass the by-law appearing later
on this evening's agenda amending By-law No. 86-215.
Aldermen Craitor, cummings, Hopkins and Ward declared conflicts of
interest because they are members of associations which conduct bingee.
During the discussion, concern was expressed regarding the monies being
paid out of the funds, to the Federal Government for G.S.T. Council requested
that the clerk report back to council on the G.S.T. matter.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hlnsperger,
that the report be received and adopted. The motion Carried with Aldermen
Craitor, cummings, Hopkins and Ward abstaining from the vote on Conflicts of
interest previously recorded, and with all others voting in fayour.
See By-law No. 91-125.
I~MING ORXGXNAL NETHERBY ROAD aLLOWANC~ -
Repor~ No. CD-91-38 - Chief Administrative officer - Re, Renaming Original
Netherby Road Allowance. The report recommends that subject to input received
at this Public Meeting, the by-law on tonight's Agenda be enacted and passed,
and be registered in the Registry Office for Niagara South.
- 4-
Communication No. 1sea - Linda & Philip Bankin ~ Re: Street Name-Naming of
Original Road. The communication recommends that the street be named Butternut
Road or Butternut Tree Road, or a name other than a family name, such as a name
to reflect the environmental system be utilized.
-AND -
communication No. 1522 - Linda & Philip Nankin - Re~ Renaming of Street to
Durliat Road. The communication expresses objection to the renaming of the
street to Durliat Road in terms Of identification for emergencies and to the
general public, withdrawal of the name 'Hankin' to avoid the use of any family
name, Butternut Road or Butternut Tree Road with its historical connotation would
be suitable, and a name from nature; and recommends that Butternut Road or
Butternut Tree Road be the name of the original road allowance known as Netherby
Road, located between Hallaway Bay Road and Schill Road.
Mrs. Hankin was in attendance, end reviewed the information contained in
communication Nos. 152A and 152B.
Mr. L. Patterson, 7600 Netherby Road, referred to the Public Meeting held
in Stevensville with representation from interested citizens from Fort Erie and
Niagara Falls, as well as Staff from both communities, to consider the renaming
of the street, and indicated that the Durliat Road was the preference of the
majority.
ORDERED on the motion of Alderman Napkins, seconded by Alderman Ward, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Craitor, Hendershot, Minsperger, Hopkins, Puttick and Ward.
NAYE: Aldermen Campbell, Cummings, Janvary, Orr and Shetar.
COMMUNICATIONS
No. 153 - Trine Upper - Re: Glenview Subdivision. The communication attaches
a petition requesting that at least two four-way stop signs be placed along
Ferguson street to slow traffic.
ORDERED on the motion of Alderman Cummings, seconded by Alderman campbell, that
the communication be referred to the Municipal Works committee.
Carried Unanimously.
No. 154 - City of Toronto - Re: Leg Hold Traps Legislation. The communication
asks council to endorse a request to the Province that special legislation be
considered, enabling the Toronto City Council to pass by-laws prohibiting the
using, setting, maintaining, selling, leasing or distribution of leg-hold traps,
snares and connibears in Toronto.
ORDERED on the motion of Alderman cummings, seconded by Alderman Ninsperger, that
the request be endorsed. Carried Unanimously.
Ne. 155 - city of North Yerk - Re: Provincial Government - Welfare Act. The
communication asks council to endorse a resolution to the Province, opposing
recommended changes to the Provincial Welfare Act, and urging the Premier and
Minister of Community & Social Services to reject the report.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that
the request be endorsed. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward,
that the communication be forwarded to the Social Planning Council for Comments.
Carried Unanimously.
No. 156 - The Niagara Parks Commission - Re: Fireworks Display over canadian
Horseshoe Falls - Monday, July 1, 1991. The communication requests permission
to hold the display.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that
the request be approved, subject to insurance liability and other required
approvals. Carried Unanim0uslv.
- s -
No. 157 - city of Niagara Falls - Re: Ontario Recreation Facility Association
Conference - June 16 - 21, 1991, at Niagara Falls Arena. The communication
requests a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that
Council indicate it has no objection to the issuance of a Special Occasion Permit
to the Ontario Recreation Facility Association, in conjunction with their Annual
Conference to be held on June 16th, 17th, 18th, 19th, 20th, and 21st, 1991, at
Niagara Falls Arena, subject to the approval of the Regional Police Department,
the Niagara Falls Fire Department, the Regional Health Services Department and
the Liquor Licensing Board Of Ontario. Carried Unanimously.
No. 158 - Oreater Niagara Baseball Association - Oldtimers Baseball Team - Re:
Three Pitch Baseball Tournament, August 17th and 18th, 1991, at Houck Park. The
communication requests a Special occasion Permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that
Council indicate it has no objection to the issuance of a Special Occasion Permit
to the G.N.B.A. Oldtimers Baseball Team, in conjunction with their Three Pitch
Tournament to be held On August 17th, and 18th, 1991, at Houck Park, Niagara
Falls, subject to the approval of the Regional Police Department, the Niagara
Falls Fire Department, the Regional Health Services Department and the Liquor
Licensing Board of ontario. Carried Unanimously.
No. 159 - United Way - Re: Sic-Pitch Tournament, August 23rd, 24th and 25th,
1991, at Optimist and Palmer Parks. The communication requests a Special
Occasion Permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that
Council indicate it has no objection to the issuance of a Special occasion Permit
to the United Way, in conjunction with their Sic-Pitch Tournament to be beld on
August 23rd, 24th, and 25th, 1991, at Optimist and Palmer Parks, Niagara Falls,
subject to the approval of the Regional Folice Department, the Niagara Falls Fire
Department, the Regional Health Services Department and the Liquor Licensing
Board of Ontario. carried Unanimously.
No. 160 ChAppawa Volunteer Fire Fighters' Association - Re: Sic-Pitch
Tournament, July 4th, 5th, 6th, and 7th, 1991, at Chippawa Fire Hall and
surrounding Ball Diamonds. The communication requests a Special Occasion Permit
for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that
Council indicate it has no objection to the issuance of a Special Occasion Permit
to the Chippawa Volunteer Fire Fighters Association, in conjunction with their
Sic-Pitch Tournament to be held on July 4th, 5th, and 6th, 1991, at the Chippawa
Fire Ball and surrounding ball diamonds, Niagara Falls, subject to the approval
of the Regional Police Department, the Niagara Falls Fire Department, the
Regional Health Services Department and the Liquor Licensing Board of Ontario.
Carried Dnanimously.
No. 161 - Niagara Falls Men's Fastball Association - Re= Fastball Tournament,
July 11th, 12th, 13th, and 14th, 1991, at Ker Park. The Communication requests
a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that
Council indicate it has no objection to the issuance of a Special Occasion Permit
to the Niagara Falls Men's Fastball Association, in conjunction with their
Fastball Tournament, to be held on July 11th, 12th, 13th and 14th, 1991, at Ker
Park, Niagara Falls, subject to the approval Of the Regional Police Department,
the Niagara Falls Fire Department, the Regional Health Services Department and
the Liquor Licensing Board of Ontario. Carried Unanimouelv~
No. 162 - Minister of the Environment aND Federation of Canadian Municipalities
(FCM) - Re: Environment Week 1991. The communication asks Council to proclaim
the week of June end to 8th, 1991 as 'Environment Week'.
During the discussion, it was Alderman Hopkins announced that the
Environmental Planning and Greening Committee was holding an Open House at
Niagara square on June 8th, 1991.
ORDERED on the motion of Alderman Cummings, seconded by Airierman Puttick,
that the request be approved subject to established policy. Carried Unanimously.
No. 163 - The Association of Campground Owners of the City of Niagara Falls -
Re: Proposed Changes of Licensing By-law 76-102, Schedule 9. The communication
supports the Mended by-laws for the purpose of obtaining 1991 Licences only,
and with the understanding that there will be further amendments to the by-law.
During the discussion, Staff was asked to meet with the campground owners,
prior to the fall of 1991, for a discussion of concerns.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the communication be received and filed. Carried Unanimously.
NO. 164 - Michael D. Harris, MPP, Nipissing - Re: NDP Ontario Budget. The
communication advises of a Task Force holding Public Bearings in Ontario, and
provides information and concerns regarding the Ontario Budget.
ORDERED on the motion of Alderman Henderehot, seconded by Alderman Cummings, that
the communication be received and filed. Carried Unanimously.
REPORTS
HR-91-09 -Chief Administrative Officer - Re: Rules and Regulations. The report
attaches a summary of revisions to the City's Rules and Regulations, and
recommends that the report be approved by Council.
Aldermen Bendershot and Janvary declared conflicts Of interest because
they each have a son-in-law employed by the City.
A discussion ensued regarding the interpretation of a number of the rules
and regulations.
ORDERED on the motion of Alderman cummings, seconded by Alderman err, that the
report be tabled to June lOth, 1991, for a report from the Solicitor. The motion
Carried with Aldermen Bendershot and Janvary abstaining from the vote on
conflicts of interest previously recorded, and with all others voting in fayour.
B-91-36 - Chief Administrative Officer - Re: Niagara Falls Memorial Arena -
Interior Painting - Aluma-Zorb ceiling. The report recommends that council
approve the following expenditures for the purpose of implementing painting and
energy saving improvements at the Niagara Falls Memorial Arena:
1) That Judd and Munn Ltd., the low tenderer, be awarded a contract in the
amount of $45,395.00 to remove rust, prime and apply protective painting
on all exposed surfaces of the structural steel roof assembly;
2) That Bassai Limited be awarded a contact to install an Aluma-Zorb ceiling
over the ice area as a measure towards reducing avoidable energy and
'brightening- the arena for a cost of $31,930.00. It is estimated that
approximately $16,000.00 will be contributed by Ontario Hydro in
accordance with their incentive Program for reducing electrical energy;
3) That a contingency fund be provided in the amount of $8,000.00 which in
part, will cover the cost of painting the portion of exposed roof decking
which will not be concealed by the Aluma-Zorb ceiling.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward,
Carried UnanimousIv.
that the report be received and adopted.
R-91-12 - Chief Administrative Officer - Rot Concession Agreement - Niagara
South Recreation Complex - Niagara South Recreation Association. The report
recommends that the by-law ap~earing on this evening's agenda authorizing an
agreement between the City of Niagara Falls and the Niagara South Recreation
Association be ap~roved.
- 7 -
Alderman Hinsperger declared a conflict of interest because he is a member
of the Association.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that
the report be received and adopted. The motion Carried with Alderman Hinsperger
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
See By-law No. 91-134.
R-91-17 - Chief Administrative Officer - Re: Special Events. The report
provides information regarding the Canada Day Celebration and Volunteer
Recognition Evening, and recommends that the report be received and filed for
the information of Council.
During the discussion, Alderman Janvary advised that the information
regarding Volunteer Recognition Evening should be amended to read Priday, October
4th, 1991.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that the
amended report be received and adopted. Carried Unanimously.
R-91-18 - Canada Day COmmittee - Re: Canada Day Celebrations - Proclamation.
The report contains a proclamation respecting Canada Day celebrations, and
requests the approval of Council.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
R-91-19 - Canada Day committee - Re: Canada Day - Free Swimming. The report
recommends that City Council agree to free swimming at the four Municipal Pools
on Monday, July let, 1991, as part of the celebrations planned for Canada's 124th
birthday.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanlmouslv.
R-91-20 - Canada Day Committee - Re: Canada Day - Parade. The report recommends
that Council approve the Canada Day Parade to be held on July let, 1991.
ORDERED on the motion Of Alderman Hopkins, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
R-Pl-21 - Niagara Falls Recreation COmmission - Re: Summer Ice Schedule. The
report recommends that the attached schedule for the use of summer ice hours at
the Jack Bell Arena be approved by City Council.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
BX-LAWS
In response to the general agreement of members of Council~ the following
by-laws were brought forward:
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:
No. 91-128 - A by-law to amend By-law No. 79-200, as amended. (AM-7/91, Niagara
Go-Karts Inc., 7401 Kinsmen crt.; Report PD-91-47 adopted by council
April 8, 1991).
No. 91-129 - A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas
without the approval of plans and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1983,(AM-7/91 Site Plan Control By-law, Niagara oo-Karts Inc.).
Carried
-8 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that
the following by-laws be now read a second and third time:
No. 91-128 - A by-law to amend By-law No. 79-200, as amended.
No. 91-129 - A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas
without the approval of plans and drawings otherwise required under
subsection 4 or subsectlon 5 of section 40 of the Planning Act,
1983.
Carried Unanimously.
REPORTS
MW-91-133 - Chief Administrative Officer - Re: Quotation 41-91 - Conversion of
Parking Meters. The report recommends the following:
1} That the unit prices submitted by J.J. MacKay be accepted for the
Conversion of 75 Parking Meter Mechanisms;
2) That the unit prices submitted by J.J. MacKay be accepted for the supply
of 30 Rebuilt Mechanisms;
3) That the unit prices submitted by J.J. MacKay be accepted for the supply
of 15 Twin Vault Housings, and 5 Single Vault Housings.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary,
carried Unanimously.
that the report be received and adopted.
MW-91-135 - Chief Administrative Officer - Re: Knights of Columbus Parade - File
NO. G-180-22. The report recommends that the Knights of Columbus Parade,
scheduled for June 8, 1991, be approved subject to the following conditions:
1} That the event meet all requirements from all other authorities;
2)
That a copy of one million dollar ($1,000,000) liability insurance,
indicating coverage for the City of Niagara Falls, be presented to Staff
prior to the event.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
MW-91-140 - Municipal Works Committee - Re: Committee Report: Road Repairs to
Willoughby Drive and Marshall Road, and Truok Restriction on Willoughby Drive.
The report recommends the following:
1)
2)
That · truck restriction (restricting trucks having a registered gross
vehicle weight greater than 4,500 kilograms} be placed on Willoughby Drive
between Main Street (Chippews) end Marshall Road, and Weaver Road between
Sodom Road and the Niagara River Parkway;
That Willoughby Drive, from south of Weinbrenner Road to Marshall Road,
and Marshall Road, from Willoughby Drive to the Niagara River Parkway, be
upgraded to base asphalt.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
MW-91-141 - Municipal Works committee - Rot
advises that Report MW-91~130 ettached, was
Municipal Works Committee meeting on May
report be received and filed·
see Resolution No. 26.
Committee Report. The report
considered and approved at the
1991t and recommends that this
- 9 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
MW-91-143 - Chief Administrative Officer - Re: Contract 91-118 - Containment
Well and Forcemain/Flow Meter Chamber. The report recommends that the tender
received from Provincial Construction (Niagara Falls) Limited, the only tender
received for this contract, be accepted and this contract awarded.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously..
MW-91-144 - Chief Administrative Officer - Re: Contract 89-237-II Northwood
Subdivision. This report was withdrawn from the agenda.
MW-91-145 - Municipal Works Committee - Re: committee Report: Storm Sewer Cost
Sharing and Sidewalk Construction for Niagara Road 108, Portage Road. The report
recommends the following:
1)
That the city's share of the storm sewer, estimated at $45,000.00, be
deducted from the anticipated Regional share of storm sewers constructed
by the City this year; and
2)
That the City request the Region to construct a sidewalk along the east
side of Portage Road from Valley Way to Kitchener Street.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
MW-91-146 - Municipal Works Committee - Re: Committee Report. The report
recommends the following:
1)
MW-91-137 - O'Neil Street Parking Restriction -
It is recommended that:
(i) Parking not be restricted on either side of O'Neil Street from
Dorchester Road to Portage Road/St. Paul Avenue;
(ii) The centre Line pavement markings be marked in the middle of the
roadway;
2)
(iii) 50 km Speed Limit Signs be posted; and
(iv) Staff investigate further into School Zone Speed Limit Postings.
MW-91-123 - Burdarts Drive - Request for Parking Restriction and Truck
Restriction - File O-180-20 -
It is recommended that:
(i) Parking be restricted on both sides of Burdette Drive between
LaMarsh Street and Pettit Avenue between the hours of 9:00 a.m. and 5:00
p.m., Monday to Friday;
(ii) A heavy truck restriction be implemented on Burdette Drive between
LaMarsh Street and Pettit Avenue;
(lii) Staff forward a letter to canadian Home Products Ltd., requesting
them to encourage that delivery trucks use cropp Street instead of
Burdette Drive between LaMarsh Street and Pettit Avenue; and
(iv) The by-law amending By-law 89-2000 (being a by-law to regulate
parking and traffic on City roads) appearing later on tonight's agenda,
be epproved.
MW-91-124 - Strohan street Parking Restriction -
It is recommended thatx
(l) A parking restriction be implemented at all times on the north side
of Strohan Street between Johnson Drive and Addison Avenue; and
- 10 -
(ii) The by-law amending By-law 89-2000 (being a by-law to regulate
parking and traffic on City roads) appearing later on tonight's agenda,
be approved.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
See By-law No. 91-126.
MW-91-147 - Municipal Works COmmittee - Re: committee Report: Low Flow Fixtures
Proposed Plumbing By-law. The report recommends the following:
1) That Council approve the installation of water conserving plumbing
devices; and
2} That the by-law appearing later on tonight's agenda, be approved.
-AND -
COmmunication No. 165 - BILD Committee - Re: B-91-34 - LOW Flow Fixtures By-
law. The communication asks Council to consider the information Contained herein
and a report to Council.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
See By-law No. 91-142.
MW-91-148 - Municipal Works COmmittee - Re: Committee Report: Oakwood Drive
Sanitary Sewer Local Improvement Project - File 91-110. The report recommends
the following:
1)
That the Oakwood Drive sanitary Sewer be designed on the basis of draining
by means of a gravity sanitary sewer westerly under the Q.E.W. to the
proposed Mentress Business Park Pumping Station, conditional upon Council
approving construction of the Mentress Business Park Pumping Station;
2)
3)
That the residential dwellings and establishments on Oakwood Drive, which
are to be serviced by the proposed sanitary sewer, be required to remove
sources of extraneous flow prior to connection to the sanitary sewer
(including disconnection of downspouts, foundation weeping tile, repair
of leaking internal systems, installation of sump pumps, etc., as may be
required by the Director of Municipal Works); and
That a condition of connection to the proposed sanitary sewer be that
sewage flows be limited to flows based on the existing zonings for the
subject properties, and that any future higher density rezonings require
financial contribution towards the cost of the Pumping Station.
ORDERED on the notion of Alderman Puttick, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
MW-91-149 - Municipal Works COmmittee - Re: Committee Reports: The report
recommends the following:
1)
NW-91-150 - Leachate Pumping System -
It is recommended that this advisory report be received and filed;
2)
MW-91-134 - 1991 Rural Road Resurfacing Program -
It is recommended tbat the information contained
received and flled~
in this report be
-aND-
MW-91-159 (HANDOUT) - Chief Administrative Officer - Re, Leachate Pumping
Station. The report recommends than an expenditure of $12,600.00 be authorized
to Niagara Falls Hydro and an expenditure of $14,000.00 be authorized to Ground
Aerial Maintenance Systems to install three phase power to the Leachate Pumping
System.
- 11 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
the reports be received and adopted. Carried Unanimously.
MW-91-151 - Municipal Works Committee - Re: Committee Report: Update on the
Stanley Avenue Sewage Treatment Plant Capacity. The report recommends the
following:
1) That this report be received for the information of Council;
2)
That the city consider developing a strategy on how to allocate its sewage
treatment plant reserve quota in the interim period until additional
treatment capacity is constructed by the Region of Niagara; and
s)
That the Montrose Business Park M.O.E. Sewer Certificate Application be
prepared on the basis of servicing the entire 150 acre site, which will
use up the equivalent of approximately 500 units of the City's existing
2,063 units reserve sewage treatment capacity quota.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat,
that the report be received and adopted. Carried Unanimously.
MW-91-152 - Chief Administrative Officer - Re: Contract 91-09 - crack Sealing.
The report recommends that the unit prices submitted by 788893 ontario Ltd.
(a.k.a. Niagara Crack Sealing) be accepted for the above contract.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
MW-91-153 Chief Administrative Officer Re: Contract 91-04 Asphalt
Patching. The report recommends that the unit prices submitted by the low
tendeter, Economy Paving Company (st. Catharines) Limited, be accepted for the
above contract.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted· Carried Unanimously.
MW-91-154 - Chief Administrative Officer - Re: Purchase of Street Lights for
Valley Way/Queen Street PRIDE Program Downtown Revitalization. The report
recommends that the required street lights for the PRIDE program on Valley Way
from Huron to Victoria and on Queen Street from Buckley Avenue to Victoria Avenue
be ordered from Guillevin International at the unit prices bid at a total
estimated cost of $73,240.05.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted· Carried Unanimously.
MW-91-155 - Chief Administrative officer Re: Dust Control and Road
Stabilization. The report recommends that Staff be authorized to purchase 160
tonnee of liquid calcium chloride at a cost of 8241.60 per tonne. This price
includes the G.S.T. It is further recommended that Staff be authorized to
purchase 330 tonnes of Tembind, at a cost of 8111.00 per tonne, plus G.B.T. from
Proviro Systems.
ORDERED on the motion of Alderman Henderehot, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
MW-91-156 - Municipal Works Committee - Re~ Committee Report: Sale of Garbage
Packers. The report recommends that Council authorize Staff to sell two rear-
loading garbage packers to Sheehan's Truck centre Inc. at a total cost of
$5,671.00.
Alderman Ward declared a conflict of interest because he has a business
relationship.
· · 12
- 12 -
O~DERED on the motion of Alderman Hendershot, seconded by Alderman
Hinsperger, that the report be received and adopted. The motion carried with
Alderman Ward abstaining from the vote on a conflict of interest previously
recorded, and with the following vote:
AYE:
NAYE:
Aldermen Campbell, Craitor, Cummings, Hendershot, Binsperger, Hopkins,
Janvary, Puttick and Sherat.
Alderman err.
MW-91-157 - Municipal Works COmmittee - Re: Committee Report: Resolution from
the corporation of the Township of St. Vincent. The report recommends that the
Resolution from the Corporation of the Township of St. Vincent be received and
filed for information.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman craitor, that
the report be received and adopted. Carried Unanimously.
MW-91-158 - Municipal Works COmmittee - Re: committee Report: Tree Removal at
5803 Stanley Avenue - Sunset Inn. The report recommends the following:
1)
That the request by the owners of the Sunset Inn for removal of a tree at
their location, at 5803 Stanley Avenue, be granted; and
2}
That Staff investigate the possibility of the placement of a tree at
another location on this property.
Mr. Fred Cipparone, cipparone Enterprises Limited, 5784 Stanley Avenue,
expressed strong opposition to the removal of the tree, which had been planted
by his father many years ago, and was a healthy maple tree.
Mr. and Mrs. M. Aiello, Sunset Inn, expressed their concern that the tree
was obstructing the sign which advertised their business, and was causing a loss
of business.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat,
that the tree remain on the property. The motion Carried with the following
vote:
AYE: Aldermen Cummings, Bendershot, Hopkins, Janvary, Puttick, Shetar and Ward.
NAYE: Aldermen Campbell, craitor, Hinsperger and err.
F-91-21 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $7,972,760.46, for the period ending June
3, 1991, be approved by the passing of the by-laws appearing later on the agenda.
Additional information was provided on cheque Nos. 68207 and 68215.
ORDERED on the motion of Alderman Cummings and Janvary, that the report be
received and adopted. The motion Carried with Aldermen Campbell, Cummings,
Hendershot, Minsperger, Janvary, Sherat and Ward aberaining from the vote on
conflicts of interest on cheque numbers previously recorded; and with all others
voting in fayour.
See By-law Nos. 91-144,
No. 91-145, 91-146,
and By-law No. 91-147.
F-91-22 - Finance Committee - Rex Committee Reports. The report recommends the
followingx
1}
FC-gl-13 - 1991 Capital Budget -
It is recommended that the 1991 Capital Budget be approved in principle
and forwarded to Council June 3, 1991 for approval, and that Staff be
directed to initiate an in-depth study to be reported back to the Finance
Committee by September, 1991, pertaining to the financing of the major
projects contained in report FC-91-13;
- 13 -
R-91-22 - Evaporator COndenser - Niagara South Arena -
It is recommended that Cimco-Lock Refrigeration be contracted to
provide and install an evaporator condenser unit at Niagara South
Arena, at a cost Of $30,557.06.
ORDERED on the motion of Alderman cummings, seconded by Alderman Puttick,
that the report be received and adopted. Carried Unanimously.
CD-91-39 - Chief Administrative Officer - Re: Remuneration for D.R.O.'S and
Poll Clerks, Municipal Election - November 12, 1991. The report recommends that
the rates, included in the report, be paid for Election workers and polling
places for the November 12, 1991 Election.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimously.
S-91-14 - Chief Administrative Officer - Re: The Establishment of Certain Lands
as Public Highways. The report recommends that the by-law included on this
evening's agenda, for the establishment of public lands contained in this report
as public highways, be passed.
ORDERED on the motion Of Alderman cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
8-91-17 - Chief Administrative Officer - Re: River Realty Development (1976)
Inc., Mount Carme1 Plan 3 Subdivision - Release and Abandonment of Right-of-Way.
The report recommends that the City of Niagara Falls release and abandon any
interest it may have as a right-of-way over part of Parcels 62-1, 62-2, 62-3,
62-4, Section 59 Stamford, shown as Part 2 on Reference Plan 59R-1734.
ORDERED on the motion of Alderman Mendershot, seconded by Alderman Hopkins, that
the report be received and adopted. Carried Unanimously.
B-91-39 - Chief Administrative Officer - Re: Former Dairy Queen Property,
Stamford Green Plaza, Portage Road. The report provides background information
regarding the railroad ties placed in a vertical position along the north and
west property lines of the subject property and recommends that the information
be received for the information of City Council. The Director of Buildings &
Inspections indicated that he would contact the owners of property on the plaza.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 25 - JANVARY - HINSPERGER -RESOLVED that Alderman Mark Hopkins be appointed
Acting Mayor for the period June 17 to June 21, 1991, inclusive; during the
absence of His Worship Mayor William Smeaten; AND the Seal of the corporation
be hereto affixed.
Carried Unanimously.
No. 26 - PUTTICK - JAMVARY - RESOLVED that the following recommendations for
road repairs to Willoughby Drive and Marshall Road, and truck restriction on
Willoughby Drive, be adoptedz
1)
A truck restriction (restricting trucks having a registered gross vehicle
weight greater then 4,500 kilograms) be placed on Willoughby Drive
between Main Street (chippawa) and Marshall Road, and Weaver Road between
Sodom Road and the Niagara River Parkway~
AND the Seal of the Corporation be hereto affixed·
Carried Unanimous1v.
· 14
- 14 -
BY-LAWS
ORDERED on the motion of Alderman cummings, seconded by Alderman Sherar, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
NO. 91-125 - A by-law to amend By-law 86-215. (Lottery Licerice fees).
No. 91-126 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking, Heavy Vehicles).
No. 91-127
- A by-law to amend By-law No. 79-200, as amended. (AM-4/91 G.
Convertini, 6170 Dixon St.; Report PD-91-46 adopted by Council
April 8, 1991).
No. 91-128 - (See pages 7 and 8).
No. 91-129 - (See pages 7 and 8).
No. 91-130
- A by-law to amend By-law No. 79-200, as amended. (AM-14/91, Ascot
Woods Ext. No. 4 - Block 73, Ascot Woods Ltd.; Report PD-91-62
adopted by Council May 13, 1991).
No. 91-131
- A by-law to authorize the execution of a subdivision agreement with
Ascot Woods Ltd. and others respecting the Ascot Woods Extension
No. 4 Subdivision.
No. 91-132 - A by-law to amend By-law No. 90-329, as amended. (IMC 14/91 James
Susan; Report No. PD-91-64 approved by Council May 13, 1991).
No. 91-133 - A by-law to amend By-law No. 90-329, as amended. (IMC 5/91, 10/91
and 11/91; Report No. PD-91-66 approved by council May 13, 1991).
No. 91-134 - A by-law to authorize the execution of a concession agreement with
the Niagara South Recreation Association.
No. 91-135 - A by-law to authorize the execution of a release and abandonment of
right-of-way. (River Realty Dev. (1976) Inc.).
No. 91-136
- A by-law to authorize the execution of an agreement with 788893
Ontario Limited, operating as Niagara crack Sealing for crack
sealing on various road surfaces.
No. 91-137 - A by-law to authorize the execution of an agreement with Economy
Paving company (st. catharines} Limited for asphalt patching.
No. 91-138 - A by-law to authorize the execution of an agreement with Ancient
Chinese City Development Corporation.
No. 91-139 - A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited.
No. 91-140 - Withdrawn.
No. 91-141 - A by-law to change the name of part of Netherby Road, in the former
Townships of crowland, Willoughby and Humberstone, to Durliat Road.
No. 91-142 - A by-law to establish certain road widenings and one foot reserves
as public highways.
NO, 91-143
- A by-law to control the discharge of water from plumbing systems
into the sanitary sewer system of the Corporation of the City of
Niagara Falls.
No. 91-144 - A by-law to provide monies for general purposes.
(Period ending May 13, 1991).
- 15 -
No. 91-145 - A by-law to provide monies for general purposes.
(Period ending May 20, 1991).
No. 91-146 - A by-law to provide monies for general purposes.
(Period ending May 27, 1991).
No. 91-147 - A by-law to provide monies for general purposes.
(Period ending June 3, 1991).
The motion Carried with Aldermen Craitor, Cummings, Hopkins and Ward abstaining
from the vote on By-law No. 91-125 on conflicts of interest previously recorded
in Report No. CD-91-37; with Alderman Hinsperger abstaining from the vote on
By-law No. 91-134 as previously recorded in Report No. R-91-12; with Aldermen
Campbell, Cummings, Hendershot, Hinsperger, Janvary, Shetar and Ward abstaining
from the vote on By-law Nos. 91-144, 91-145, 91-146, and 91-147, as previously
recorded under Report No. F-91-21; and with all others voting in fayour.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Craitor, that
the following by-laws be now read a second and third time:
No. 91-125 - A by-law to amend By-law 86-215.
No. 91-126 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking, Heavy Vehicles).
No. 91-127 - A by-law to amend By-law No. 79-200, as amended.
No. 91-128 - (See pages 7 and 8).
No. 91-129 - (See pages 7 and 8}.
No. 91-130 - A by-law to amend By-law No. 79-200, as amended.
No. 91-131 - A by-law to authorize the execution of a subdivision agreement with
Ascot Woods Ltd. and others respecting the Ascot Woods Extension
No. 4 Subdivision.
No. 91-132 - A by-law to amend By-law No. 90-329, as amended.
No. 91-133 - A by-law to amend By-law No. 90-329, as amended.
No. 91-134 - A by-law to authorize the execution of a concession agreement with
the Niagara South Recreation Association.
No. 91-135 - A by-law to authorize the execution of a release and abandonment of
right-of-way.
No. 91-136 - A by-law to authorize the execution of an agreement with 788893
Ontario Limited, operating as Niagara Crack Sealing for crack
sealing on various road surfaces.
No. 91-137 - A by-law to authorize the execution of an agreement with Economy
Paving Company (St. catharines) Limited for asphalt patching.
No. 91-138 - A by-law to authorize the execution of an agreement with Ancient
Chinese City Development Corporation.
We. 91-139 - A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited.
No. 91-140 - Withdrawn.
No. 91-141 - A by-law to change the name of part of Netherby Road, in the former
Townships of Crowland, Willoughby and Numberstone, to Durliat Road.
- 16 -
No. 91-102 - A by-law to establish certain road widenings and one foot reserves
as public highways.
No. 91-143 - A by-law to control the discharge of water from plumbing systems
into the sanitary sewer system of the Corporation of the City of
Niagara Falls.
No. 91-144 - A by-law to provide monies for general purposes.
No. 91-145 - A by-law to provide monies for general purposes.
No. 91-146 - A by-law to provide monies for general purposes.
No. 91-147 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Craitor, Cummings, Hopkins and Ward abstaining
from the vote on By-law No. 91-125 on conflicts of interest previously recorded;
with Alderman Ninsperger abstaining from the vote on By-law NO. 91-134 as
previously recorded; with Aldermen Campbell, Cummings, Hendershot, Binsperger,
Janvary, Shetar and Ward abstaining from the vote on By-law Nos. 91-144, 91-145,
91-146, and 91-147, as previously recorded; and with all others voting in
fayour.
, , , , ,
It was moved by Alderman Bendershot, seconded by Alderman Ward, that
permission be granted to proceed past 11:00 p.m. Carried Unanimously.
, · · · ,
NEW BUSINESS
- 17 -
ITEMS OF INTEItEST:
Tree tr~sming -
Alderman Puttick advised members of Council that a tree on City property
adjacent to his home requires trimming, and that he would be contacting the
Municipal Works Service Centre himself in this regard.
Chippawa Lions Carnival -
Alderman Ward provided information regarding the Chippawa Lions Carnival which
is scheduled for June 5th to 8th, 1991, and invited members of Council and Staff
to attend.
Invitation/Prince Charles & Princess Diana -
Alderman Shetar stated that the Prince and Princess had scheduled an upcoming
visit to Ontario and suggested that they be invited to visit Niagara Falls.
Corporate Challenge -
Alderman Hendershot provided information regarding the corporate Challenge which
was held last week-end, and suggested that letters of recognition be forwarded
from Mayor Smeaton's office to Janie Stafford, John Hymes and Lydia Tychynsky.
*****
It was moved by Alderman Puttick, seconded by Alderman err, that the
meeting adjourn.
ITEMS OF CONCER~:
Review of Council Schedule -
His Worship Mayor Smeaton referred to the current schedule of Council Meetings
and expressed the view that there was 'a disadvantage of not having access to
the Agenda every week'.
It was moved by Alderman Craitor, seconded by Alderman Hendershot, that
the former schedule be reinstated. Following a discussion, it was moved by
Alderman Ward, seconded by Alderman Janvary, that the matter be tabled to June
10th, 1991, for a further report. The motion to table was Defeated with the
following vote:
AYE: Aidermen Hinsperger, Hopkins, Janvary, err and Ward.
NAYE: Aldermen CampbeI1, Craitor, cummings, Hendershot, Puttick and Sherat.
The motion to reinstate the former schedule was Defeated with the
following vote:
AYE: Aldermen Hineperger, Hopkins, Janvary, err and Puttick.
NAYE: Aldermen Campbell, Craitor, cummings, Hendershot, Sherar and Ward.
ORDERED on the motion of Alderman campbell, seconded by AIderman
Hinsperger, that in September 1991 Council resume the schedule of meetings
whereby Regular council Meetings will be held each Monday, with the exception
that on the second Monday of each month the meeting will be reserved for
Planning Matters only. The motion Carried with the following votez
AYEz Aldermen Campbell, Cummings, Hendershot,
Puttick and Sherat.
MAYEl Aldermen Craitor, Janvary and Ward.
Hinsperger, Hopkins, err,
Niagara South Soard of Education/Overages -
Alderman Puttick expressed concerns regarding a recent newspaper article with
respect to school overages.
.... I7
READ AND ADOPTED,
EIGHTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
June 10, 1991.
Council met on Monday, June 10th, 1991, at 5:00 p.m., in Committee of the
Whole. All members of council, with the exception of Alderman sherar who was
on vacation, and Alderman Cummings who was ill, were present. Alderman Cowan
presided as chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
MAYOR SMEATON
SPECIAL MEETING
Council Charabers
June 10, 1991
council met on Monday, June 10th, 1991, at 7:15 p.m., prior to a Planning
Meeting, for the purpose of considering matters of concern. All members of
Council, with the exception of Alderman Sherat who was On vacation, and Alderman
Cummings who was ill, were present. His Worship Mayor Smeaton presided as
Chairman. Alderman Craitor offered the Opening Prayer.
REPORTS
F-91-2~ - Chief Administrative Officer - Re: Niagara Falls Visitor & Convention
Bureau - Grant Payment. The report advises that the Niagara Falls Visitor &
Convention Bureau had requested and would be receiving the $50,000 1991
allocation on June 12, 1991, in advance of the accounts being passed by Council
on June 17th, 1991, and recommends that the report be received and adopted.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Bendershot,
that the report be received and adopted. Carried Unanimously.
BR-91-12 - Chief Administrative Officer - Re: Revised Rules and Regulations.
The report recommends that the attached revised Rules and Regulations be approved
by Council.
Aldermen Hendershot and Janvary declared conflicts of interest because they
each have a non-in-law employed by the City.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
report be referred to a future meeting between the Chief Administrative Officer,
the Director of Human Resources, and appropriate Union representatives, for
consideration and a report back to Council for further discussion. The motion
Carrie~ with Aldermen Mendershot and Janvary abstaining from the vote on
'conflicts of interest previously recorded, and with the following vote:
AYE: Aldermen cmmpbe11, craitor, Hinsperger, Orr, Puttick and Ward.
NAYE~ Aldermen Cowan and Hopkins.
COMMUNICATION
No. 165 - Ministry of Treasury and Economics - Rex City's Request for Funding
Under CETA. The communication advises that the Province will finance one-third
of costs to a maximum of $600,000 for external servicing for Montrose Business
Park through CETA.
- 2 -
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the communication be received and filed. The motion ~arried with the following
vote:
AYE: Aldermen campbell, Cowan, Craitor, Mendershot, Hinsperger, Hopkins,
Janvary, Orr and Ward.
NAYE: Aideman Puttick.
It was moved by Alderman Hinsperger, seconded by Alderman Janvary, that the
meeting adjourn to the Planning Meeting, at 7:30 p.m. Carried Unanimously.
NINETEENTH MEETING
PLANNING MEETING
Council chambers
June 10, 1991
Council met on Monday, June 10th, 1991, at 7:30 p.m., for the purpose of
considering Planning Matters. All members of council, with the exception of
Alderman Sherat who was on vacation, and Alderman Cummings who was ill, were
present. His Worship Mayor Smeaton presided as Chairman.
REPORTS - PLANNING MATTERS
PD-91-78 - Chief Administrative Officer Re: Zoning By-law Amendment
ApplicationAM-16/91, F. & E. Bagnulo, 3432 Montrose Road. The report recommends
the following:
1)
2)
That Council support the amendment to the Zoning By-law to permit the
development of a 2 storey, 16 unit apartment building, including the requested
modifications to the R5A zone and a provision requiring a building setback
of 9m (30 ft.) from the Montrose Road allowance, provided the applicant can
satisfy the Municipal Works Department's concerns about ground water recharge;
That the property be placed under Site Plan Control to address grading,
lighting, landscaping, fencing, storm water management, ground water recharge,
protection of mature trees, etc., and that Staff be directed to prepare the
amending by-laws for enactment at a subsequent Council meeting;
3) That the City receive $2,500 for the future construction of a 1.5m wide
sidewalk to the satisfaction of the City's Municipal Works Department;
4) That the applicant satisfy the Regional Public Works Department requirements
for any road widehinge, site servicing drawing and driveway permits; and
5) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
-AND -
Communication No. 166 - Regional Niagara Planning & Development Department - Re:
Proposed Zoning By-law Amendment (AM-16/91) Two Storey, 16 Unit Apartment
Building, Montrose Road. The communication advises that there are no objections
to this development.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Director of Planning
advising that the Notices of
mail on May 10th, 1991.
& Development read the Affidavit of the Clerk
the Public Meeting were forwarded by first-class
His Worship Mayor Smeaton received indication that Mr. Dante Marineill,
Solicitor, was in attendance on behalf of the applicants; 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 & Develol~nent discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-74: Proposal; General Information; circulation
comments; Planning Review, which included Northwest community Secondary Plan and
Camel Neighbourhood Development Plan, Notice of the Zone Change and Compatibi-
lity; and Site Plan Review. Me recommended that Council support the amendment,
subject to the applicant satisfying the concerns indicated.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons in fayour of, or opposed to the application.
- 2 -
Mr. Marinelli advised that the applicant was prepared to abide by the
recommendations of Staff, and suggested that the engineering concerns could be
dealt with during the site planning process.
The Director of Planning & Development, Director of Municipal Works and
Director of Buildings & Inspections responded to questions raised regarding
harming, engineering works and sidewalks.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting, with respect to AM-16/91, closed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that
the communication be received and filed and the report be received and adopted.
Carried Unanimously.
PD-91-79 - chief Adsinistrative Officer Re: Zoning By-law
Application AM-15/91, Paul Lepiane & Dr. Vasic, 5497 Portage Road.
recommends the following:
Amendment
The report
1)
That Council support the amendment to the Zoning By-law to permit a pizza and
submarine sandwich shop to be established in and as part of the existing
variety store, known municipally as 5497 Portage Road;
2) That a road widening of 2.4m (8 ft.) on Prospect Street be dedicated to the
City;
3) That Staff be directed to prepare the necessary by-law for enactment at a
subsequent Council meeting; and
4) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
- AND -
Communication No. 167 - D. Badovinac - Re: 5497 Portage Road. The communication
expresses opposition to the current application to amend By-law No. 79-200, in
terms of increased litter, as well as 30 pizzerias and 14 submarine shops having
already been established in Niagara Falls, and asks that Portage Road not be
allowed to follow in the 'footsteps' of Lundy's Lane.
Alderman Bendershot declared a conflict of interest because members of his
family live in the subject area.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983, would be as in the
previous application.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting were forwarded by first-class
mail on May 10th, 1991.
His Worship Mayor Smeaton indicated that Dr. Vasic, the 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 Clerk prior to leaving the meeting.
The Director of Planning & Development discussed the-subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report NO. PD-91-73: Proposal; Location; General Information;
Circulation Comments; and Planning Review, which included Background, Nature of
the Zone Change, and Impact. He responded to questions raised regarding parking.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons in fayour of, or opposed to the application.
Dr. Vasic discussed the current vacant status of the property, and stated that
the amendment would improve problems with respect to litter and traffic. He
further stated that it would be a very small volume operation, which would serve
mainly the hospital and professional building Staff.
- 3 -
Since no further Comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting, with respect roAM-15/91, closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the
communication be received and filed and the report be received and adopted. The
motion Carried with Alderman Nendershot abstaining from the vote on a conflict
Of interest previously recorded, and with all others voting in favour.
PD-91-80 chief Administrative Officer Re:
Application AM-11/91, Landcorp Ontario Limited,
Southeast Corner Montrose and Thorold Stone Roads.
following=
Zoning By-law Amendment
Part of Township Lot 79,
The report recommends the
1)
2)
That council support the amendment to the Zoning By-law to permit a service
sector industrial complex to be developed, including a site specific provision
to allow the minimum required frontage to be reduced to 6m (19.6 ft.);
That the applicant/developer be required to enter into a servicing agreement
with the City to address sanitary and storm sewers and the construction of
sidewalks to the satisfaction of the Municipal Works Department;
3) That Staff be directed to prepare the necessary by-law for enactment at a
subsequent Council meeting; and
4) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
-AND -
Communication No. 168 - Antonio Paonessa - Re: AM-11/91. The communication
expresses opposition to the proposed zoning by-law amendment because of increased
traffic, noise and pollution, as well as decreased privacy; and suggests that
the developers be responsible for the cost of installing a fence.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983, would be as in the
previous applications.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices Of the Public Meeting were forwarded by first-class
mail on May 10th, 1991.
Hie Worship Mayor Smeaton received indication that Ken Gonyou 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-75: Proposal; General Information; Circulation
comments; and Planning Review, which included Background, Nature of the Zone
Change, and Impact. Me replied to questions raised regarding access to Thorold
Stone Road and noise, and stated that the proposed use would general less
traffic.
The Director of Municipal Works responded to questions raised regarding the
widening of Thorold Stone Road bridge over the QEW, and the sewer system in the
subject area.
Mr. Stewart Branscombe, River Realty Development (1976) Inc., discussed the
one foot reserve placed along Thorold Stone Road by the Regional Municipality
of Niagara in order to restrict access from the intersection of Montrose Road
east. He referred to the Commercial Office Opportunities Study which was
approved by Council in 1988, the current vacancy rate for commercial buildings
in Niagara Falls, OST and economic situation, and asked Council to deny the
application.
· 4
- 4 -
Mr. Gonyou, Landcorp Ontario Limited, reviewed the previous actions with
respect to the subject lands, and advised that the appllcation was for commercial
rather than retail purposes. Be advised that similar uses were intended for both
the front and rear of the property, and the same access would be used, and that
their Planning Consultant, Hick Brady of Proctor & Redfern and the City Planning
Staff had agreed that the plans were in conformity with the Northwest Secondary
Plan, market demands, the Commercial Offices Opportunities Study, as well as
research by Landcorp in St. Catharines. Mr. Sonyou reviewed the proposed uses,
good highway access, visibility of the highway, plenty of parking and site
amenities. Be referred to the building designs, as well as Staff comments, and
requested approval of the application.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting, with respect teAM-11/91, closed.
ORDERED on the motion of Alderman err, seconded by Alderman Ward, that the
Communication be received and filed and the report be received and adopted.
Carried Unanimously.
PD-91-82 - Chief Administrative Officer - Re: Official Plan and Zoning By-law
Amendment Application (O.F.A.) 201, and AM-10/91, 7340 Lundy's Lane, Whitewater
Holdings Ltd. The report recommends the following:
1)
That council support the amendment to the Official Plan to delete the
provision stipulating that the predominant use of the subject lands will be
for water recreational purposes of a theme park nature and replace them with
a provision that the predominant use of the lands will be Tourist Commercial,
including ancillary water recreational uses, to a maximum depth of 160 metres;
2) That Council support the amendment to zone the lands Tourist Commercial while
maintaining all the existing water park uses, except for the wave pool use;
3)
That the amending by-law include a provision requiring a building setback from
the Lundy's Lane road allowance generally in accordance with the site plan
submitted;
4) That the applicant be required to undertake a traffic impact study to the
satisfaction of the Regional Public Works Department;
That Staff be directed to prepare the necessary by-laws for enactment at a
subsequent Council meeting; and
6) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
-AND -
Communication No. 169A - The Niagara Falls Lundy's Lane Tourist Association -
Rez OPA 201 and AM-10/91. The communication strongly opposes the proposal
because of the current economic situation which has adversely affected local
businesses, vacant and abandoned tourist commercial properties, low occupancy
levels, and attaches a summary of a recent statistical survey.
- AND -
Communication No. 169B - T.A. Richardson, Bullivan, Mahoney - Rez Application
of Whitewater Holdings Ltd, OPA and Zoning By-law Amendment, 7430 Lundy's Lane.
The communication, on behalf of Orsini Brothers Inns Inc., opposes the
application because the amendment granted in 1985 designating the predominant
use of the subject lands to be for water recreational purposes of a Theme Park
nature and for parking; and because there has not been a review of the type of
facility, the market or trade area, the servicepopulation and effect on existing
and plan facilities. It is requested that the application be denied because it
is premature.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983, would be as in the
previous applications.
The Director of Planning & Development read the Affidavit of the Clerk
advising that notice of this Public Meeting was given in accordance with the
- 5 -
regulations, by publication of the two amendments in the Niagara Falls Review
on May 10th, 1991.
His Worship Mayor Smeaton 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. Be 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-76: Proposal; General Information; Circulation
Comments; Planning Review, which included Previous Application, Nature of the
Official Plan Amendment, Nature of Zone Change, and Impact Assessment; and Site
Plan Review.
Mr. T.A. Richardson, Solicitor, Sullivan, Mahoney, expressed opposition to
the application, on behalf of Orsini Brothers Inns Inc., because the policy
provides for Theme Park as the predominant use of the subject land and because
Of the impact on existing businesses. He discussed the current economy and its
effect on the local community, and asked that Council deny the applications.
The Director of Planning & Development responded to questions regarding the
adequacy of parking facilities for the proposed hotel, and advised that Council
did not have controls with respect to the vacancy rate for hotels, nor had
Council required a market study with respect to this aspect.
The Director of Buildings & Inspections discussed the required parking for
hotels as one parking space for every two units, and advised that the parking
available at the front and side provided sufficient spaces for an hotel, with
ample parking at the rear for the recreational facilities.
Mrs. Winnifred Valiquette, 8405 Lundy's Lane, chairman of the Niagara Falls
Lundy's Lane Tourist Association, referred to the concerns outlined in
Communication No. 169A, and expressed opposition to the applications in terms
of the current 'slump' in the economy and its effect on local hotel owners.
A number of residents from the nearby Bambi Subdivision expressed concerns
with respect to parking, fencing and drainage.
Mr. Brian Sinclair discussed the three stages of development for the subject
lands, 158 metres south of Lundy's Lane being the first stage, the next 160
metres an overflow parking area, and the remaining lands development holding.
Be stated that no change had been requested for stages two and three, that "Bambi
Subdivision residents would not be affected in any way,' and expressed the view
that an hotel should be a better use than a wave pool. Mr. sinclair addressed
the concern expressed regarding the hotel vacancy rate, and stated that this
factor had nothing to do with the application, that the wave pool was not a
successful venture, and that the Menechellas were excellent operators, who owned
a great deal of property in Niagara Falls, and were showing confidence in the
future economy of the area. Be stated, with regard to the parking Concern, that
the hotel parking would be 'self-contained", and referred to the wood lot at the
rear as a buffer zone. In response to questions raised, he indicated reluctance
to have the applications approved in principle and placed on hold, and advised
that the intended time frame for "breaking ground' with respect to the
development was 'not for some timer.
During the discussion, it was agreed that if there was concern regarding an
sever-abundance' of hotel rooms in the area, the matter should be addressed
through the Niagara Falls Visitor & Convention Bureau.
The Director of Buildings & Inspections stated that the site would be
inspected tomorrow with respect to the concerns expressed by Bambi Subdivision
residents and to confirm conformation with the Site Plan Agreement.
In reply to questions raised, the City Solicitor stated that the Municipal
Act indicates competition should not be controlled through planning, and
expressed tl~e opinion that the market place would decide who survives.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting, with respect to O.P.A. 201 and AM-10/91, closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger,
that the communications be received and filed and the report be received and
adopted. The motion carried with the following vote:
AYE: Aldermen Campbell, Cowan, Hendershot, Hinsperger,
Ward.
NAYE: Aldermen Craitor, Janvary and err.
Hopkins, Puttick and
PD-91-81 -Chief Administrative Officer - Re: Official Plan Amendment, OPA 198,
City of Niagara Falls, Industrial Policies. The report recommends the following:
1) That Council support Official Plan Amendment No. 198, which replaces the
current policies for industrial development with new contemporary policies
that reflect the changing trends in the industrial market place; and
2) That the amendment be forwarded to the Ministry of Municipal Affairs for
circulation and adoption.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983, would be as in the
previous applications. He congratulated the Planning Staff on the report.
The Director of Planning & Development read the Affidavit of the Clerk
advising that notice of this Public Meeting was given in accordance with the
regulations, by publication in the Niagara Falls Review on May 10th, 1991.
His Worship Mayor Smeaton 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 & Development reviewed the information contained in
the report, and discussed the subject lands with the assistance of posted
sketches. Be replied to questions raised regarding the Willoughby and Chippaws
areas.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting, with respect to O.P.A. 198, closed.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
PD-91-84 - Chief Administrative Officer - Re: Official Plan Amendment No. 202,
Proposed Housing Policies. The report recommends the following:
1) That Council support Official Plan Amendment No. 202, which represents new
housing policies for both the Niagara Falls Section and chippawa Section of
the existing Official Planl and
2) That the amendment be forwarded to the Ministry of Municipal Affairs for
cirsulation and adoption.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983, would be as in the
previous applications.
The Director of Planning & Develolx~ent read the Affidavit of the Clerk
advising that notice of this Publie Meeting was given in accordance with the
regulations, by publication in the Niagara Falls Review on May lOth, 1991.
His Worship Mayor Smeaton received a positive response to his request for a
show of hands by persons present who were interested in the application. He
requested that sll 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.
I
- 7 -
The Director of Planning & Development discussed the subject lands with the
assistance of posted sketches, and provided an overview of information contained
in the report.
Mrs. Barb Morelatto, 8076 Beaverdams Road, as spokesperson for a group of
concerned citizens in the community, expressed concerns and suggested that 25%
affordable housing be included in requirements for available lands for the next
10 years; that sufficient sewage quota be allotted each year for 25% affordable
housing on a priority basis; that implementation of affordable housing be
implemented immediately in the Official Plan; and that an integration of a
suitable mix of affordable housing be included in all subdivisions.
Mr. Lon Robertson, 8143 Sarah Street, expressed concerns regarding the sewage
and continuation of the flooding problem in the Chippawa area. He suggested that
the situation indicates 'a kink in the sewage llne.m
In reply to questions raised, the Director of Municipal Works stated that a
report would be upcoming in two months regarding the sewage situation.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting, with respect to O.P.A. 202, closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the
report be received and adopted. It was further recommended that the concerns
and four recommendations submitted by Mrs. Motellate be referred to Staff for
a further report on June 24th, 1991. Carried Unanimously=
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor,
that Mrs. Moralists be invited to participate in the Mayor's Housing Committee.
Carried Unanimously.
PD-91-85 - Chief Administrative Officer - Re: Tourjam Master Plan Study Reports
i and 2 - Background and Recommended Roles. The report recommends that Report
Nos. I and 2, submitted by Malone, Given, Parsons, as part of the Tourism Master
Plan Study, be circulated to various agencies and interest groups for comment
to the Steering Committee.
communication No. 170 - A. Douglas Bittell, Vice President Operations, SkyIon
Hotels, Ad Roc Committee Chairman - Re: Tourism Study Development Process. The
Communication expresses concern that the Ad Boc committee of the Visitor and
Convention Bureau has not been invited to be part of the Tourjam Study
Development Process.
Mrs. Amy Bignucolo, chair, Niagara Falls Visitor & Convention Bureau,
indicated concern that the Bureau be participants in the Study. His Worship
Mayor Smeaton advised that a copy of the report would be submitted to groups
after it had been considered by council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that
the communication and filed and the report be received and adopted.
Carried Unanimously.
-PD-91-83 - Chief Administrative Officer - Re: Interim Control Amendment
AppllGation IMC-15/91, Michael Bowden. The report recommends the followings
e. ~l? '.,,..
1) That Interim Control Amendment Application IMC-15/91 be approved, subject to
the conditions of this report; and
2) That the by-law be presented to Council for consideration at its meeting of
June 17~ 1991.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the
re~ort be received and adopted· Carried Unanimously.
· 8
8
TWENTIETH MEETING
CD-91-~I - Chief Administrative officer - Re: AM-36/90, Restricted Area By-law,
East Side of St. Paul Avenue, 2734 St. Paul Avenue - 527786 Ontario Ltd. The
report recommends that Council reaffirm its approval of By-law 91-111 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.
During the discussion, with reference to Item 2, Page 2, and the existing
problems in the area of Hunter's Drain.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
NEW BUSINESS
ITEMS OF CONCERN:
Stamford Arena Repairs -
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
Report No. B-91-40, Structural Improvements, Stemford Memorial Arena, be received
and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan,
Janvary, Orr, and Ward.
NAYE: Alderman Puttick.
traitor, Hendershot, Hinsperger, Hopkins,
Humane Society Agreecent -
Alderman Cowan advised that the Humane Society Agreement would expire at the
end of this Council's term, and that it was necessary to discuss the mandate.
He suggested that a Committee of Council, Staff and the Humane Society, be formed
to discuss an agreement. Aldermen Cowan and Ward volunteered to act on the
Committee.
Ald. Ward suggested that the Chief Administrative Officer, Solicitor,
Treasurer, two representatives of the Humane Society Staff and two of the Board
also act on the Committee.
ORDERED on the motion of Alderman cowan, seconded by Alderman Ward that the
Committee be formed as recommended. Carried Unanimously.
XTEM OF INTERESTZ
Manager - Policy Planning
The Chief Administrative Officer introduced Bob Bollbruok, Hanager - Policy
Planning to Council, Mr, Bolibruck was welcomed,
****
It was moved by Alderman Puttick, seconded by Alderman Campbell~ that the
meeting adjourn.
READ AND ADOPTED,
TACK, DEPUTY CITY CLERK · · ' · S. SMEATON
REGUL~R MEETING
council Chambers
June 17, 1991
Council met On Monday, June 17th, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of council, with the exception Of
His Worship Mayor Smeaton who was on vacation, and Alderman Puttick who was
absent on Municipal business, were present. Acting Mayor Mark Hopkins presided
as Chairman, and offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Ward asked that the minutes of the Planning Meeting held June 3rd,
1991, under New Business, Review of Council Schedule, be amended to read that
Council resume the schedule of meetings whereby Regular Council Meetings will
be held each Monday, with the exception that on the second Monday of each month
the meeting will be reserved for Planning Matters only.
ORDERED on the motion of Alderman Shetar, seconded by Alderman Hinsperger, that
the amended minutes of June 3rd, 1991 and the minutes of the Special and Planning
Meetings of June 10th, 1991, be adopted. Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Cowan declared a conflict of interest on Report No. PD-91-89 because
he is employed with the company.
Alderman Cummings and Ward declared conflicts of interest on Report No. CD-
91-44 and Resolution No. 28, because they are members of organizations which
conduct bingos.
Alderman Cummings declared a conflict of interest on Communication No. 176
from Niagara Promotion Association because his wife is employed by the
organization.
Alderman Hinsperger declared a conflict of interest on Report No. F-91-25,
Cheque NoB. 68353, 68367 and 68519 because a member of his family is employed
with the company.
Alderman Janvary declared a conflict of interest on Report No. F-91-25, Cheque
No. 68526 because her husband is a dentist.
Alderman Orr declared a conflict of interest on Report No. F-91-25, Cheque
No. 618539 because she is employed by the Board.
Alderman Ward declared a conflict of interest on Report No. PD-91-88 because
he has a business relationship.
PRESENTATIONS
Cl~Y OF NIAGARA FALLS AMBASSADOR AWARD - OWEIDA CANADA -
Acting Mayor Hopkins and Mr. Rob McLeod, President, Economic Development
Agency, congratulated and presented the Ambassador Award to Mr. Doug Clancy, Vice
President of Oneida Canada Silversmiths Limited.
CITY OF NIAGARa FALLS aMBASSADOR AWARD - E.H. FERREE COMPANY -
Acting Mayor Hopkins and Mr. Rob McLeod, President, E.D.A., congratulated and
presented theAmbassador Award to Mr. Paul Burman, Past President, andMr. Ralph
Burman, President of E.H. Fartee Company Limited.
- 2 -
DEPUTATIONS
NIAGARA PENINSULA CONSERVATION AUTHORITY -
Mr. Charles Ort and Mrs. June Gardner, Members of the Niagara Peninsula
Conservation Authority Commission, distributed and reviewed the 1990 Progress
Report, and Gypsy Moth Aerial Spraying. Mr. Ort asked Council Consider
requesting the Authority to have fill lines established and registered on the
Welland River, to assist in the control of improper filling.
WAIVING OF COUNCIL CONSENT POLICY - DORCHESTER/OLDFIm',n ROADS -
COmmunication No. 171 - Henry Muller, President, Muller's Meats Limited - Re:
Dorchester - Oldfield Lot l, Consent Application B-209/91. The communication
provides information regarding the proposed plan of subdivision at Dorchester
and Oldfield Roads, the sale of Lot i to an industry which will be moving to
Niagara Falls, and asks Council to waive its Consent Policy with respect to
severance prior to approval of a Plan of Subdivision and payment of $80,830 for
widening of Dorchester Road, sidewalks on Dorchester Road, and other
improvements.
Report No. PD-91-88 - Report of chief Administrative Officer - Re: Waiving of
Council Consent Policy; Henry, Bella and George Mullet and Agnes Fedor; Consent
Application B-209/91. The report recommends the following=
1) That council not waive its Consent Policy regarding the number of lots allowed
to be created by severance;
2) That the development proceed by plan of subdivision.
Mr. Henry Mullet, who was in attendance, referred to the information contained
in Communication No. 171, stated that he was willing to conunit himself to
installing any necessary services, discussed the position of the lot frosting
on Dorchester Road which would not require road widening at this time, and
further stated that he would be willing to pay the impost fee #when the time
comes'.
It was moved by Alderman Cummings, seconded by Alderman Janvary, that approval
be given for Mr. Muller to proceed. The motion was amended on the motion of
Alderman Craitor, seconded by Alderman Cowan, that approval be granted subject
to a Letter of Credit from Mr. Muller in an amount suffi8cien6t to cover
necessary costs. The motion to amend ~arried with Alderman Ward abstaining from
the vote on a conflict of interest previously recorded, and with the following
vote=
AYE= Aldermen Cowan, Craitor, Hinsperger, Orr and Sherat.
NAYE= Aldermen Campbell, Cummings, Rendershot and Janvary.
The original motion as amended Carried with Alderman Ward abstaining from the
vote on · conflict of interest previously recorded, and with the following vote:
AYE: AIdermen Campbell,
Janvary and Sherar.
NAYE: Alderman Orr.
Cowan, traitor, Cummings, Rendershot, Hinsperger,
EXTENSION - HOURS OF OPBNINO -
Messrs. Frank Lapenne, John Lapenne and John Tennier, the delegation of
licehoed establishment owners, who requested permission to address Council at
this meeting regarding the extension of hours of opening, were not in attendance.
A,O. BRIDGE PARK TENNIS COURTS -
COmmunication No. 172 - John 0rth - Re: Tennis Courts at A.G. Bridge Park. The
communication reviews concerns regarding the intrusion of privacy, noise and
· 3
3
other problems caused by some tennis court players at A.G. Bridge Park,
unsuccessful attempts made by Mr. Orth, and contacts with the Recreation
Department to resolve the problem, and suggesting the following: no lighting
on the subject courts, netting along the fence line, a by-law prohibiting hockey
and ball hockey on these courts with posted signs, grading and sodding of the
area east of the courts, a barrier to make the area inaccessible to cars, a sign
with respect to noise and foul language, and guidelines governing the placement
of public tennis courts.
- AND -
Report No. R-91-23 - Chief Administrative Officer - Re: A.G. Bridge Tennis
Courts - Letter from Mr. John Orth. The report provides a summary of background
action taken with respect to the concerns of Mr. Orth and former residents of
6303 Carlton Street, pertaining to the tennis courts; providing a list of
suggestions for the consideration of Council, in response to the recommendations
made by Mr. Orth, for the consideration of Council, and recommends that the
report be received for the information of Council.
Mr. Orth, who was in attendance, discussed his concerns over the years, and
actions taken by the City without success.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger,
that the report and recommendation be received and referred to a meeting between
Staff and Mr. Orth for discussion, and a report to Council which should include
costs. Carried Unanimously.
PROSTITUTION PROBLEMS - MORRISON AVENUE -
COmmunication NO. 173 - Petition from Residents of Morrison Street and Victoria
Avenue - Re: Prostitutes. The petition asks that prostitutes be removed from
the Morrison Street/Victoria Avenue.
Mrs. Wendy Waldron, 4750 Morrison Street, discussed the problem of prostitutes
loitering in her driveway, front porch, harassing and abusing her, referred to
her contacts with the police without action being taken, and asked Council to
resolve the situation.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar,
that a letter and/or phone call be forwarded from the office of the Mayor or
Chief Administrative Officer, to the Regional Police, advising of the right of
a tenant to take action against trespassers, asking the Police to take action
regarding the prostitution problems, increase Police patrols in the area, and
to forward a letter to Mrs. Waldron to this effect. Carried Unanimously.
GUN CONTROL -
COmmunication No. 174 - Wendy Cukier & Heidi Rathjen - Re: Gun Control - Sill
C-17. The communication refers to sill C-17, the proposed new gun control
legislation, discusses a number of groups in favour of and those opposed to
· tougher gun laws', provides information regarding suggestions for additional
restrictions, and requests support.
Professor Cukier addressed Council with respect to the concerns of current
and proposed gun legislation, and presented a video containing information
regarding diverse firearms. She asked Council to support a resolution submitted
by numerous large City Mayors in Canada.
ORDERED on the motion of Aldermen cummings, seconded by Alderman campbell, that
the draft resolution be received for the consideration of Council and Staff, with
comments from the Regional Police and Gun clubs. It was further recommended
that · report be submitted within three weeks, and that Mr. Rob Nicholson, MP,
be invited to attend the meeting or submit his comments. ~arried Unanimousl .
UNFINISHED BUSINESS
G.E.T. - EFFBC~ ON BINGO LICENOSeS -
Report No. CD-91-44 - Chief Administrative Officer - Re: Goods and Services Tax
Effect on Bingo Llcencees. The report recommends the following:
- 4 -
l)
That council indicate their objections to the Minister of consumer and
commercial Relations, to the exclusion of the Goods and Services Tax (G.S.T.)
from the Provincial Term and Condition #15, with respect to the 15% allowable
expense calculation;
2) That Council endorse a resolution appearing on this evening's ageride in this
matter;
3)
That copies of the resolution and this report be circulated to the Association
Of Municipalities of Ontario {AWe), Association of Municipal Clerks and
Treasurers of Ontario (AMCTO), all Ontario Municipalities with a population
of 50,000 or over and all Municipalities within the Regional Municipality of
Niagara with a commercial bingo hall in operation.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot,
that the report be received and adopted. The motion Carried with Aldermen
Cummings and Ward abstaining from the vote on conflicts of interest previously
recorded, and with all others voting in fayour.
BOAT RAMP SOBOM ROAD - PARKING LOT -
Repor~No. B-91-44 - chief Administrative Officer - Re: Boat Ramp Sodom Road -
Parking Lot. The report recommends that Council award the contracts for the
Landscaping Phase I to Kevin Steele Landscaping for the quotation amount of
$10,318.81, and the Surface Treatment of the Parking Lot to Norjohn Limited for
the quotation amount of $25,882.38. Prior to commencing any on site works, the
contractors are required to enter into the necessary agreements and produce all
the required insurances and documents.
ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report
be received and the recommendation regarding landscaping be adopted. It was
further recommended that the recommendation for surface treatment be tabled and
referred to Staff to investigate alternative methods of surface treatment, and
submit a report on July 8th, 1991. carried Unanimously.
COMMUNICATIONS
No. 175 - Elisabeth Teunis, Run Organ·set - Re: 11th Annual Terry Fox Run -
September 15, 1991. The communication requests permission to hold the event,
and invites Mayor Smeaton and Members of Council to participate.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that
the request be approved. Carried Unanimously. ~
No. 176 - Niagara Promotion Association - Re: 1992 Niagara Falls Canada Blossom
Festival Parade - May 9th, 1991. The communication asks Council's permission
to hold the event.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger,
that the communication be received and filed, and the request referred to Staff.
The motion Carried with Alderman Cummings abstaining from the vote on a conflict
of interest previously recorded, and with all others voting in fayour.
No. 177 - OitF of Toronto - Re Oath of Allegiance to the Crown for Police
Officers in Ontario. The communication asks council to consider a resolution
requesting the Prey·he·el Standing committee on Regulations to review the
regulation and recommend to the Legislative Assembly of Ontario that it be
repealed.
ORDERED on the motion of Alderman err, seconded by Alderman Campbell, that the
Council support the resolution, and that · copy be forwarded to Mrs. Marg
Herrington, MPP, for information. Carried Unanimously.
We. 178 - The Corl~r·tion ef the Cit= of Cambridge - Re: ontario Labour
Relations Act Reform· The communication advises that the city Council of
Cambridge approved a resolution requesting the Province of Ontario to undertake
· broad consultation process with ·11 potentiall~ affected parties prior to the
introduction of any legislation to amend the Ontario Labour Relations Act.
- S -
ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the
council support the resolution. The motion carried with the following vote:
AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hinsperger, Janvary, err,
Shetar and Ward.
NAYE: Alderman Creator.
No. 179 - City of Peterborough - Re: Market Value Assessment Method (MVA). The
communication requests a donation for A Two Tier Property Tax Study, with respect
to a higher mill rate on land and lower mill rate on buildings.
ORDERED on the motion of Alderman err, seconded by Alderman cummings, that the
communication be referred to the Finance Committee. Carried Unanimously.
No. 180 - CitF of St. Cather·nee - Re: Maritime Coastal Defence Vessels. The
communication requests support of a resolution asking the Minister of National
Defence to give favourable consideration to the Port Weller Dry Docks' proposal
to build maritime coastal defence vessels.
ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the
resolution be supported. Carried Unanimously.
No. 181 - Environmental Planning & Green·rig Committee - Re: Reports Presented
at Meeting May 21, 1991. The communication attaches the following reports: City
of Niagara Falls Pestle·de Practices Review, Project Green 2000 and St. Paul
Nature Area, and recommends that these be forwarded to Council for informational
purposes.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that
the recommendations be approved. Carried Unanimously.
No. 182 - The Niagara Peninsula cerebral Palsy Association - Re: 44th Annual
Conference - October 25 to 27, 1991, Best Western Hotel, Niagara Falls. The
communication asks Council to sponsor a Banquet or Luncheon.
ORDERED on the motion of Alderman err, seconded by Alderman Ward, that the
communication be referred to the Finance Committee. Carried Unanimously.
No. 183 (BANDOUT) Regional Niagara Chairman W.W. Dick Re: Regional
Apportionment Workshop. The communication provides information regarding a
Workshop scheduled for July 4, 1991, at 6:00 p.m. in the Environmental Centre
Training Room, conrad Eidt Building.
ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the
communication be reeeived and filed. Carried Unanimouslv~
REPORTS
BR-91-10 - Chief Administrative Officer - Re: O.M.E.R.S. - i Optional service.
The report recommends that Council pass the by-law appearing on tonight's agenda
authorizing an amendment of a Supplementary Benefits Agreement under the Ontario
Municipal Employees Retirement System.
ORDERED on the motion of Alderman cummings, seconded by Alderman era·tot# that
the report be received and adopted. Carried Unanimously.
See B -law NO. 91-153.
HR-91-11 - Chief Administrative Officer - Re: Employee Recognition Night. The
report recommends that Council authorize an Employee Recognition Night to be held
on November 2, 1991 at the German Village, as well ·s an expenditure of $2,300
towards operating costs.
ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
BR-91-13 - Chief Administrative Officer - Re: Negotiations Between the Niagara
Falls Profes.sionel Fire Fighters Association and The Corporation of the City of
Niagara Fells. The report recommends the following~
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1}
That Ross Dunsmore of the firm Hicks, Morley, Hamilton, Stewart, Storie be
retained to represent Councll in all matters pertaining to the ensuing
interest arbitration between the above subject parties;
2} That Ross Dunsmore, in conjunction with the Director of Human Resources,
select the City#s nominee to the Board of Arbitration;
3)
That council's established Negotiating Committee meet with the Niagara Falls
Professional Fire Fighters' Negotiating committee to establish a List of
Matters in Issue;
4}
That the Nlagara Falls Professional Fire Fighters Negotiating Committee#s
request for a 6% interim wage increase, plus interest at prevailing rates,
effective January 1, 1991, be denied.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Hopkins, Janvary, Orr and
Sherat.
NAYE: Aldermen Craitor and Hendershot.
B-91-37 - Chief Administrative Officer - Re= GrantApplication for the Buildings
& Inspections Department. The report recommends that Council authorize that an
application be made to the Ontario Ministry of Housing, Buildings Code Branch,
for a matching grant not exceeding $5,000.00 to purchase a laser printer and hire
a part time employee in the Buildings & Inspections Department.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
Resolution No. 29.
B-91-38 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for May 1991. The report provides information regarding
Permits Issued and Highlights for May 1991, as well as June Proposals, and
recommends that the report be received and filed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
B-91-41 - Chief Administrative Officer - Re: Property Standards Order, 4437 John
Street. The report recommends that the Corporation' retain a Disposal Service
to forthwith complete the Order of the Property Standards Officer.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
B-91-42 - Chief Administrative Officer - Re: Property Standards Order, 4094
Victoria Avenue. The report recommends that the Corporation retain a Demolition
Service to forthwith complete the Order of the Property Standards Officer.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
B-91-43 -Chief Administrative Officer - Re: Property Standards order, 5697 Dunn
Street. The report recommends that the Corporation retain a Disposal Service
to forthwith complete the Order of the Property Standards Officer.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
PD-91-87 - Chief Administrative Officer - Re: Waiving of Council Consent Policy,
Nlcola S Esther Golia, Consent Application B-228/91. The report recommends that
Council waive its consent policy limiting the maximum number of new lots allowed
to be created through the severance process to two for Consent Application B-
228/91, subject to the payment of full subdivision fees for the proposed lot.
ORDERED on the motion of Alderman cummings. seconded by Alderman sherat, that
the report be received and adopted. Carried Un~nimouslv.
- 7 -
PD-91-89 - Chief Administrative Officer - Re: Decontamination of PCB's at
Cyanamid Canada Inc. (Niagara Plant), Stanley Avenue. The report recommends the
following:
1)
That council Offer no Objections to the proposal regarding the decontumination
of PCB's at cyanamid Canada Inc. (Niagara Plant}, Stanley Avenue, conditional
upon -
(a) the proponent notifying the Fire chief of the actual commencement of the
decontamination process;
(b) meeting all applicable Ministry of the Environment (MOE) standards and
utilizing MOE approved technology;
(c) obtaining prior approval of the City if Municipal water or sewers are to
be used;
2) That Council notify the MOE and the proponent regarding recommendation #1 that
no other local permits are required; and
3} That the 30 day notification period may be waived.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman Cowan
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
MW-91-144 - Chief Administrative officer - Re: contract 89-237-II Northwood
Subdivision. The report recommends that the unit prices submitted by the low
tendeter, Alfidome Construction Limited, be accepted and this contract be
awarded.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
MW-91-168 (HANDOUT) - Municipal Works Committee - Re: Committee Reports. The
report recommends the following:
1}
MW-91-160 - Updating of the Pavement Management System by Infrastructure
Management Services Ltd. (IMS) -
It is recommended that the firm of IMS Infrastructure Management Services
Ltd., be retained to complete a retesting of the City's road system at a total
estimated cost of $94,000 (excluding GET);
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that
the report be received and adopted. The motion Carried with the following
vote:
AYE: Aldermen Campbell, Cowan,
Janvary, Sherat and Ward.
NAYE: Alderman Orr.
craitor, cummings, Hendershot, Hinsperger,
2) MW-91-161 Purchase of 8treat Poles for Valley Wey/~ueen Street PRIDE
Program/Downtown Revitalisation -
It is recommended that the required street light poles for the PRIDE Program
on Valley Way from Huron Street to Victoria Avenue, and on Queen street from
Buckley Avenue to Victoria Avenue be ordered from Nedco (St. Catharines) at
the unit prices bid at a total estimated cost of $18,219.45.
· ORDERED on the motion of Alderman Hinsperger, seconded by Alderman cowan, that
the report be received and adopted. Carried UnanimouslvL
MW-91-169 - Chief Administrative Officer - Re: Contract 91-02 - 1991 sidewalk
Repairs and New Sidewalk Construction. The report recommends that the unit
prices submitted by the low tendeter, Master Paving & construction Limited, be
accepted and that the by-law appearing on tenight's agende, be passed awarding
this contract.
ORDERED on the motion of Alderman campbell, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-155.
-8 -
MW-91-170 (HANDOUT) - Chief Administrative Officer - Re: Proposed Fence along
Forest Glen Woodlot, Mount camel II Subdivision. The amended report, which was
considered earlier this evening in Municipal Works committee, recommends that
the City direct the Developer to install a 5' high black vinyl chainlink fence
along the backs of lots backing onto the forest Glen Park Woodlot, and that the
13 property owners be given an opportunity to have gates installed in the fence
at their cost.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
MW-91-171 - Chief Administrative Officer - Re: Contract 89-232-1II Drummond Park
Village (Ext. 3-1 & 3-2}; 89-233-III Drummond Park Village (Alex Avenue)] and
89-234-III Ascot Woods (Ext. 3A & 3B). The report recommends that the unit
prices submitted by the low tenderer, Steed & Evans Ltd., be accepted and this
contract be awarded.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
re~ort be received and adopted. carried Unanimously.
See By-law No. 91-156.
R-91-24 (HANDOUT) - Alderman Bruce Ward - Re: Roving Maintenance Crew. The
report, which was considered earlier this evening in Municipal Works Committee,
recommends that a two person maintenance crew be hired from July 2nd until
September 6th 1991, to enhance the maintenance of various public areas throughout
the City.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
Council approve the formation of a two man crew on an experimental basis
beginning July 7th, 1991, at a cost of $12,000, for concerns of clean-up on
Municipally owned property in Niagara Falls. The report be received and adopted.
The motion Carried with the following vote:
AYE: Aldermen Cummings, Hinsperger, Janvary, Sherat, Ward and Acting Mayor
Hopkins.
NAYE: Aldermen Campbell, Cowan, Craitor, Hendershot and err.
MW-91-173 - Parking Committee - Re: committee Report: Dennis Lane Parking
Restriction. The report recommends the following:
1) That Parking be restricted on both sides of Dennis Lane between St. Paul
Avenue and Portage Road; and
2) That the by-law amending By-law 89-2000 (being a by-law to regulate parking
and traffic on City roads) appearing later on tonight#s ageride, be approved.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with the following
Vote:
AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Hendershot, Hinsperger, err,
Shetar and Ward.
NAYE: Alderman Janvary.
see By-law No. 91-152.
F-91-25 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,238,373.97 for the period ending June
17, 1991, be approved by the passing of the by-laws appearing later on the
agenda.
Additional information was provided with respect to late mileage reports from
Staff.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. The motion Carried with Aldermen Hlnsperger,
Janvary and err abstaining from the vote on conflicts, on cheque numbers
previouslM recorded.
See By-law No. 91-160
and By-law No. 91-161,
- 9 -
CD-91-40 - Chief Administrative Officer - Re: Proposed Plan of Subdivision
· Mentress Heights"; Regional File No. 26T-91002; Owner: St. George's Serbian
Orthodox church; Donate A. Colangelo In Trust (Future Owner). The report
recommends that the city clerk be authorized to process the Application for the
"Mentress Heights Subdivision- and that a report be prepared for Council's
further consideration of this Plan, based on technical information received,
public input, etc.
Mr. Colangelo was in attendance and advised that the application should
indicate a total of 157 Residential Units with 105 apartments.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
CD-91-42 - Chief Administrative Officer - Re Special Occasion Permits: St.
George Serbian Orthodox Church, and G.N.B.A. - N.H.L. Sic-Pitch. 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 Janvary, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
CD-91-43 - Chief Administrative Officer - Re: Use of composite Ballots in
Municipal Elections. The report recommends that Council pass the by-law
appearing later on this evening's agenda authorizing the use of Composite Ballots
at Municipal elections held in the city of Niagara Falls.
ORDERED on the motion of Alderman Craitor, seconded by Alderman err, that the
report be referred to staff for a draft sample of alternative ballots.
Carried Unanimously.
CD-91-45 - Chief Administrative OffAcer - Re: Disposal of Unopened Road
Allowance lying to the south of Warher Road, west of Garner Road. The report
recommends that Council authorize Staff to proceed with the closing and sale of
an unopened road allowance located between Township Lot 9 and Gore Lots 10 and
11, to the owner of property whose holdings surround the said allowance. The
conveyance to be made at the appraised value of $9,900.00 plus the cost of the
appraisal and the cost of the Reference Plan, and the cost of the City's out-
of-pocket expenses in completing the transaction, including legal advertisements,
appropriate documentation, etc.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
CD-91-46 -Chief Administrative Officer - Re: Amendment to the Chippaws Business
Improvement Area By-law. The report recommends that the City Council pass the
by-law appearing on this evening's agenda to specify a maximum and minimum yearly
special charge in the ~Chippawa Business Improvement Area" and this report be
received and filed.
ORDERED on the motion of Alderman err, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
See B -law No. 91-158.
8-91-19 (HANDOUT) - City solAcitor - Re: Ratification of Items in committee of
the Whole on June 3rd, 1991. The report recommends that Council adopt the
resommendations made in Committee of the Whole on June 3rd, 1991 for the
following items, namely:
1) S-91-09, Damage to City Property;
2) 8-91-16, Construction Lien - Ferro Btructural Steel;
3) S-91-18, Tax Arrears - Etezsdi.
- 10 -
ORDERED on the motion of Alderman Orr, seconded by Alderman Ward,
report be received and adopted. Carried Unanimously.
RESOLUTIONS
that the
see By-law No. 91-154.
No. 27 - ORR - BHERAR - RESOLVED that Alderman Paisley Janvary be appointed
Acting Mayor for the period July 6th to July 13th; that Alderman Gary Hendershot
be appointed Acting Mayor for the period July 14th to July 21st~ and that
Alderman Bruce Ward be appointed Acting Mayor for the period July 22nd to July
28th, during the absence of His Worship Mayor WilljamS. Smeaton; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously.
No. 28 - ORR - BRERAR - RESOLVED that WHEREAS licensed lottery operations exist
in the Province of ontario to provide funding for works of charitable, religious
or conununity benefit;
AND WHEREAS Provincial Terms and conditions exist to ensure the proper
administration of lottery schemes in the Province of Ontario;
AND WHEREAS Provincial Terms and Conditions Under Which a Bingo Lottery Licence
is Issued, Term #15 states, 'The amount expanded, exclusive of prizes awarded,
in the conduct and management of any bingo lottery shall not exceed 15% of the
gross receipts derived therefrom'~
AND WHEREAS the Federal Goods and Services Tax (GST) is an administrative
expense, which licencees must bear in the administration of their licensed
lottery;
AND WHEREAS the Federal Sales Tax, which was the predecessor to the GST, was an
allowable administrative expense pursuant to Provincial Term and Condition
AND WHEREAS not all organizations who are licenseable for lottery purposes are
able to recover any GST expenses, in whole or in part~
AND WHEREAS licencees stand to lose a substantial amount of their profit, which
is used for charitable, religious or community projects;
BE IT THEREFORE RESOLVED that the Council of the Corporation of the City of
Niagara Falls respectfully request the Honourable Marilyn Churley, Minister of
Consumer and Commercial Relations to review the position of Ministry staff, which
indicates that the GST, although an administrative expense, is not an allowable
expense under Provincial Term and Condition #15;
AND BE IT FURTHER RESOLVED that the Minister instruct, that all administrative
expenses, including the GST, be permitted in the calculation of the
administrative expenses pursuant to Provincial Term and condition
AND that this resolution be circulated to the Association of Municipalities of
Ontario (ANO), the Association of Municipal clerks and Treasurers of Ontario
(ANCTO), all Ontario Municipalities with a population of over 50,000 persons and
all Municipalities within the Regional Municipality of Niagara with a commercial
bingo hall in operation] AND the Seal of the Corporation be hereto affixed.
The motion carried Aldermen Cummings and Ward abstaining from the vote on
conflicts of interest previously recorded, and with all others voting in fayour.
No. 29 - ORE - 8RERAR - RESOLVED that WHEREAS the Ontario Ministry of Housing
has developed a programwhereby they will provide a grant of up to fifty percent
of eligible costs with a maximum award of $5,000.00 for innovative projects for
Building Departments;
ANDWHEREAS the Buildings and Inspections Department of the City of Niagara Falls
has developed a proposal for consideration by the Ministry of Housing WHEREIN
to develop and expand our computerized system by hiring a part time employee to
help in the completion of logging zoning on all our property files and inputting
the present card index into the File server. Also, the purchase of a 1seer
printer will allow staff to print more efficiently;
THEREFORE the City of Niagara Falls hereby makes application for a grant to
purchase a laser printer and hire staff necessary to expand our computerized
property files having a maximum cost of $10,000.00 of which the City will pay
fifty percent; AND the Seal of the corporation be hereto affixed.1
Carried Unanimously.
- 11 -
BY-LAWS
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-140 - A by-law to authorize the execution of an agreement with Alfidome
Construction Limited for base asphalt, curbs and gutters in the
Northwood Subdivision.
No. 91-148 - A by-law to amend By-law No. 79-200, as amended. (AN-8/91 William
C. Barratt, Thorold Stone Billiard Club, Dow Plaza; Report PD-91-
61 approved by Council May 13, 1991).
No. 91-149
- A by-law to amend By-law No. 79-200, as amended. (AM-3/91 T. Morin
Travelparks Ltd., Jelly Stone Park; Report PD-91-32 approved by
Council March 11, 1991).
NO. 91-150
- A by-law to amend By-law NO. 85-238 respecting the classes of
development that may be undertaken in site plan control areas
without the approval of plans and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1983. (Jelly Stone Park).
No. 91-151 - A by-law to amend By-law No. 90-329, as amended. (IMC 15/91 M.
Bowden).
No. 91-152 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking - Dennis Lane).
No. 91-153
- A by-law to authorize the amendment of a Supplementary Benefit
Agreement under the Ontario Municipal Employees Retirement System
(mSystem").
No. 91-154 - A by-law to authorize the execution of a Deed to Soltan Etezadi.
No. 91-155
- A by-law to authorize the execution of an agreement with Master
Paving & Construction (Niagara Falls) Ltd. for 1991 sidewalk repairs
and new sidewalk construction.
No. 91-156
- A by-law to authorize the execution of an agreement with Steed and
Evans Limited for asphalt pavement in the Drummond Park Village
Subdivision Extension 3-1 and 3-2, Drummond Park Village
Subdivision - Alex Avenue, and Ascot Woods Subdivision Extensions
3A and 3B.
No. 91-157
- A by-law to authorize the execution of an agreement with Judd & Munn
Contractors Limited for interior painting of the Niagara Falls
Memorial Arena.
No. 91-158 - A by-law to specify maximum and minimum yearly special charges in
the Chippawa Business Improvement Area.
No. 91-159 - Withdrawn.
No. 91-160 - A by-law to provide monies for general purposes.
(June 10, 1991 - $585,034.88).
No. 91-161 - a by-law to provide monies for general purposes.
(June 17, 1991 - $1,653,339.09}.
The motion Carried with Alderman Cummings voting contrary on By-law No. 91-1481
with Alderman Ward abstaining from the vote on By-law No. 91-148 on a conflict
of interest because he owns property in the area/with Alderman Janvary voting
contrary on By-law NO. 91-1521 with Aldermen Hinsperger, Janvary and Orr
abstaining from the vote on By-law Nos. 91-160 and 91-161 on conflicts of
interest previously recorded under Report No. F-91-251 and with all others voting
in favouro
- 12 -
ORDERED on the motion of Alderman err, seconded by Alderman Hendershot, that the
following by-laws be now read a second time:
NO. 91-140
- A by-law to authorize the execution of an agreement with Alfidome
Construction Limited for base asphalt, surbs and gutters in the
Northwood Subdivision.
No. 91-148 - A by-law to amend By-law No. 79-200, as amended.
No. 91-149 - A by-law to amend By-law No. 79-200, as amended.
No. 91-150
- A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas
without the approval of plans and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1983.
No. 91-151 - A by-law to amend By-law No. 90-329, as amended.
No. 91-152 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking - Dennis Lane).
NO. 91-153
- A by-law to authorize the amendment of a Supplementary Benefit
Agreement under the Ontario Municipal Employees Retirement System
("System").
No. 91-184 - A by-law to authorize the execution of a Deed to Soltan Etezadi.
No. 91-155
- A by-law to authorize the execution of an agreement with Master
Paving & Construction (Niagara Falls) Ltd. for 1991 sidewalk repairs
and new sidewalk construction.
No. 91-156
- A by-law to authorize the execution of an agreement with Steed and
Evans Limited for asphalt pavement in the Drummond Park Village
Subdivision - Extension 3-1 and 3-2, Drummond Park Village
Subdivision - Alex Avenue, and Ascot Woods Subdivision Extensions
3A and 3B.
No. 91-157
- A by-law to authorize the execution of an agreement with Judd & Munn
Contractors Limited for interior painting of the Niagara Falls
Memorial Arena.
Me. 91-158 - A by-law to specify maximum and minimum ~early special charges in
the Chippaws Business Improvement Area.
No. 91-159 - Withdrawn.
No. 91-160 - A by-law to provide monies for general purposes.
(June 10, 1991 - $585,034.88).
No. 91-161 - A by-law to provide monies for general purposes.
(June 17, 1991 - $1,653,339.09).
The motion Carried with Alderman Cu~nings voting contrary on By-law No. 91-148;
with Alderman Ward abstaining from the vote on By-law No. 91-148 on a conflict
of interest previously recorded/with Alderman Janvary voting contrary on By-
law No. 91-152; with Aldermen Hinspmrger, Janvary and err abstaining from the
vote on By-law Nee. 91-160 and 91-161 on conflicts of interest previously
recorded/and with all others voting in favour.
NEW BUSINESS
C,H. ATKXNEON, LE~X~X~R ~ ~IB EDITOR
Alderman Hendershot referred to the above matter and 'diginformation, respecting
the Arts & Culture Commission - the Commission will not be spending, nor
requesting any funds from the City. He invitedMr. Atkinson to attend a meeting
-of the Commission.
- 13 -
GNGH PARKING
Alderman Cummings referred to a resident having received a parking ticket at GNGH
while admitting his wife to hospital in an emergency situation. He suggested
that the Commissionaires be asked to use discretion.
USER FEES AT LANDFILL SITE
Alderman Campbell referred to the increased costs at the Landfill Site.
Director of Municipal Works discussed the matter in detail.
The
*****
It was moved by Alderman err, seconded by Alderman Ward that the meeting
adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
TWENTY-FIRST MEETING
SPECIAL MEETING
Committee Room 2
June 24, 1991
Council met on Monday,.June 24th, 1991, at 4:30 p.m. in a Special Meeting
to consider Report MW91-164 - Montrose Business Park. All members of Council
were, present~ His Worship Mayor Smeaton presided as Chairman. Alderman
Hendershot offered the Opening Prayer.
REPORT
MW-91-16~ - Chief Administrative Officer - Re: Montrose Business Park. The
report recommends the following:
1)
That the City proceed with the construction of the pumping station and
forcemain at an estimated cost of $1,371,150.00 of which $428,000.00 will
be funded by the Province, but only after the passage of a Development
Charge By-law by City Council;
2)
That the City invite proposals for the sale of the Montrose Business Park
in whole or in part subject to development conditions such as sale price,
performance guarantees and the appropriate contribution towards the cost
of the pumping station and forcemain.
MW-91-148 (Attachment) - Re: Municipal Works Committee Report - Oakwood Drive
'SanitarY~sewer Local Improvement Project.
Aldermen Cummings and Sherat declared conflicts of interest on Report No.
MW-91-164, because their employer is involved.
The Director of Planning and Development provided a brief history with
regard to Report MW-90-193 and reviewed the information contained in Report MW-
91-164.
The Director of Municipal Works discussed Report No. MW-91-148 regarding
Oakwood Drive Sewer System and recommended to proceed with the construction of
the pumping station to allow local sewers on Oakwood Drive, and stated it would
be a cost saving by having a large pumping station in the Business Park as an
outlet for the Oakwood Drive sewer system.
The following matters were discussed during the meeting, Council's role,
future growth of the City, does Council have the mandate to risk the public's
money, the need for industrial serviced land, the impact of a pumping station,
cost recoverability, and the CHTA grant Of $428,000.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion carrie____~dwith Aldermen cummings
and Sherat abstaining from the vote on conflicts of interest previously recorded,
and with the following votez
AYEz Aldermen Campbell, Cowan,
Janvary, and Ward.
NAYHZ Aldermen Orr and Puttick.
Craitor, Hendershott Hinsperger, Hopkins,
· , , · ,
His Worship Mayor smeaton adjourned the meeting which was to reconvene in
Council Chambers, at 7z30
- 2 -
The Council convened to Committee of the Whole at 6:30 pm. to discuss a
Human Resources matter.
READ AND ADOPTED,
"w,w . ,'q'
COMMITTEE OF THE WHOLE
Committee Room #2
June 24, 1991
Council met on Monday, June 24th, 1991, at 6:30 p.m., in Committee of the
Whole. All members of Council were in attendance, except for Aldermen Campbell
who had declared a conflict of interest because of a business relationship, and
Alderman Janvary, who had declared a conflict of interest because she has a son-
in-law employed by the City. Alderman Ward presided as chairman.
Following consideration of the item presented, the Committee of the Whole
arose without reporting. .8aa"Aaa
READ AND ADOPTED,
, , · , ,
The Council reconvened in Council Chambers at ?:30 p.m. in a Special
Meeting for the purpose of considering the New Draft Official Plan and Other
matters of concern. All members of council, except for Alderman Campbell, were
present. His Worship Mayor Smeaton presided as Chairman.
· · , , ·
Municipal Waste Pick-up
His Worship Mayor smeaton received indication that Mr. Tony Zafeeris,
Manager, Tony's Place, 5467 Victoria Ave., wished to address council on behalf
of the Restaurant Association, regarding the Municipal Waste Pick-up Program.
Comtunication No. 184 - Mr. Tony Zafeeris submitted a Petition'on behalf of 100
concerned Motel and Restaurant owners, who expressed concerns with respect to
the 10 bag per week allowance for their establishments, costs and sanitary
conditions. Mr. Zafeeris requested that a meeting be set up with restaurant/
motel owners# staff and Council, to discuss these concerns.
Following further discussion, it was moved by Alderman Ward, seconded by
Alderman Puttick, that · meeting be arranged between Mrs. Margaret Mingle, the
Director of Municipal Works, the chief Administrative Officer, for Wednesday,
July 3rd, 1991 at 11z30 a.m. in the Director of Municipal Works Office, and that
· a report be brought back to Council. It was further recommended th&t Mr. Zafeeris
be invited to attend the meeting. Carried Unanimously.
REPORTS
PD-91-93 - Chief Administrative Officer - Re: Supplementary Report Official Plan
Amendment NO. 202 Proposed Housing Policies. The report recommends the
following:
1)
2)
That this report be circulated to Mrs. B. Morellato;
That Council adopt the recommendations contained in the original report
(attached PD-91-84) respecting Official Plan Amendment No. 202 - Proposed
Housing Policies;
3)
That the Municipal Works Department investigate the allotment of sewage
quotas for affordable housing as part of the preparation of the City-wide
servicing strategy.
The Director of Planning & Development discussed the subject report and
stated that the Official PlanAmendment is a very serious undertaking and further
addresses the points raised by Mrs. Morellato and their relationship to the
proposed housing policies.
His Worship Mayor Smeaton introduced Mrs. Barbara Morellato who thanked
Council for considering her recommendations in their report, but noted that she
opposes the Official Plan as it stands now. Mrs. Morellato stated the 3 year
supply of lots and blocks in subdivisions is not suitable, she questioned why
not include affordable housing in all areas. Mrs. Morellato expressed the
following concerns: the report should insure that affordable housing is a
priority; the Secondary Plan method of implementing affordable housing in 10 to
20 years is too long to wait for the need; she feels that Niagara Falls should
be a leader in affordable housing.
The Director of Planning & Development responded by stating that Niagara
Falls is a leader in the field of affordable housing, and well ahead of
provincial policy, and well distributed in new and older areas. He noted that
the production of affordable housing should be monitored; thus providing a
balance, by encouraging, promoting, and facilitating.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that
the report be received and adopted. Carried Unanimously.
See B -law No. 91-162
PD-91-90 -Chief Administrative Officer - Re: New Draft Official Plan - Executive
Summary. .The report recommends the following:
1) That Council receive and file this report;
2)
That Council authorize Staff to circulate copies of the New Draft Official
Plan to the public, city departments and to agencies having an interest
in the Plan for review and comment;
3)
That Council authorize staff to proceed with public hearing arrangements
for the September 9, 1991 meeting of council in order to consider all
public and agency comments.
Mr. Ed Babb, Policy Project Planner, presented the New Draft Official Plan,
and stated the purpose of the New Official Plan was to provide guidance for the
physical development of the City of Niagara Palls to the year 2011. He noted
that the Plan will providequality living environments; residential neighborhoods
protected from incompatible land uses; functional and efficient
see4
- 4 -
road network; °greening' of the city; ensuring the Environmentally Significant
Areas are protected and that proper attention is paid to contaminated building
sites; conservation of farm lands, while allowing some flexible use of lands for
non-farm purposes; industrial development, while providing up-to-date standards
for such development.
Mr. Babb reviewed the following points of the Plan: Preamble, Land Use
Policies, Environmental Management, Administration and Implementation.
His Worship Mayor Smeaton thanked Mr. Babb for an excellent and concise
report.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
PD-91-91 - Chief Administrative Officer - Re: New Draft Official Plan - Overview
of Work Schedule and Public Consultation Programme. The report recommends that
Municipal Council receive and file this report.
The Manager of Policy Planning, Mr. R. Bolibruck, presented the Overview
of Work Schedule and Public Consultation Program with the assistance of a Flow
Chart.
His Worship Mayor Smeaton received a negative response to his request for
any questions from the gallery.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
PD-91-94 - Chief Administrative Officer - Re: New Draft Official Plan - Areas
of Land Use Designation and Urban Boundary changes. The report recommends that
Council receive and file this report.
The Director of Planning & Development discussed ~nd reviewed the following
areas of land use designation and urban boundary changes with the assistance of
posted sketches; Beaverdams Community, stamford Community, North/West Community;
Elgin Community; Westlane Community; Drummond Community, Queen Victoria
Community, Grassy Brook Community, chippawa community; crowland community; and
Willoughby community.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman cowan, that the
report be received and adopted. Carried Unanimously.
R-91-25 - chief Administrative Officer - Re: Niagara Falls Memorial Arena
Refrigeration Equipment Installation contract. The report recommends that
Toromont Industries Ltd., operating as Cimco-Lock Refrigeration, be awarded the
contract to install the new refrigeration equipment for Niagara Falls Memorial
Arena at the quoted amount of $87,915.00 and that By-Law No. 91-164 to authorize
an agreement with Toromont Industries Ltd. for the installation of this equipment
be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimousiv.
See By-law No. 91-164.
~Y-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-162
A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area (Niagara Falls
and Chippawa Sections) (Housing Policies)
NO. 91-163
A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls PlanningArea (Niagara Falls
Section) (Industrial Policies)
NO. 91-164
A by-law to authorize the execution of an agreement with
Toromont Industries Ltd., operating as Cimco-Lock Refrigeration
for certain renovations and changes to the Niagara Falls
Memorial Arena.
NO. 91-165
A by-law to authorize the execution of a subdivision agreement
with Angelo Bonato and Livia Bonato, as Joint tenants,
respecting the Bonato Estates Plan of Subdivision.
Carried Unanimous1 .
Following further discussion, it was moved by Alderman Puttick, seconded
by Alderman Hopkins, that Council consider, at a public meeting, the 95 acres
(Ancient chinese city development) previously regarded Tourist Commercial as
Residential. The motion was Defeated with the following vote~
AYEx Aldermen Cowan, Craitor, Hopkins, Puttick and Sherat.
NAYEx Aldermen Cummings, Hendershot, Hlnsperger, Janvary, Orr and Ward.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the following by-laws be now read a second and third time:
No. 91'162
A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area (Niagara Falls
and Chippawa Sections) (Housing Policies)
No. 91-163 - A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area (Niagara Falls
., Section) (Industrial Policies)
- 6 -
1) That the City does not object to the Application for an amendment to the
Emergency Certificate of Approval by Niagara Waste Systems (Walker Bros.) to
accept additional waste from Halton Region subject to the following
conditions:
a) The rate at which Balton's waste is accepted at Niagara Waste Systems
Landfill be limited to the current rate (approximately 10,000 t per month).
b) Disposal of Halton's waste at the Niagara Waste Systems Site cease as soon
as the Halton Landfill is operational.
c) The Certificate of Approval include a condition that Niagara Waste Systems
will reserve for Niagara Municipalities capacity equivalent to that used
up by the acceptance of Halton's waste.
2) That the City does not request that this Application be referred to a Hearing
under the Environmental Assessment Act;
3) That the Ministry of the Environment be petitioned to expedite the approval
process for design and construction of Halton Region's Landfill in order to
ensure the landfill is operational as soon as possible.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Puttick,
Sherar, and Ward.
NAYE: Aldermen Cowan and Cummings.
R-91-43 - Chief Administrative Officer - Re:Ice Resurfacer - Niagara south
Arena. The report recommends that Frank J. Zamboni & Co. Ltd. be awarded the
tender to purchase an ice resurfacer for Niagara South Arena at a total of
$44,840.80 (including all applicable taxes).
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that
the report be received and adopted. Carried Unanimously.
CD-91-66 - Chief Administrative Officer - Re: Decline of Ballots, Municipal
Elections. The report recommends that this report be received and filed for
information.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the report be received and filed. Carried Unanimously-
F-91-40 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $1,857,559.63 for the period ending
October 28, 1991 be approved by the passing of the by-law appearing later on the
agenda.
Additional information was provided on Cheq~%s No. 72230.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously..
bY-LAWS
ORDERED on the motion of Alderman cummings, seconded by Alderman Sherat, that
leave be granted to introduce the following byTlaws, and the by-laws be read a
first time:
- 6 -
No. 91-164
A by-law to authorize the execution of an agreement with
Toromont Industries Ltd., operating as Cimco-Lock Refrigeration
for certain renovations and changes to the Niagara Falls
Memorial Arena.
No. 91-165
A by-law to authorize the execution of a subdivision agreement
with Angelo Bonato and Livia Bonato, as joint tenants,
respecting the Bonato Estates Plan of Subdivision.
carried Unanimously.
NEW BUSINESS
ITEMS OF CONCERN=
Association of Municipalities of ontario (AMO)
Alderman Puttick referred to the upcoming AMO Convention (approx.
members) being held in Toronto on August 21st.
1800
Attending the Convention are His Worship Mayor Smeaton, Aldermen Craitor,
Hendershot and Puttick.
After further discussion it was moved by Alderman Puttick, seuonded by Alderman
Ward, that the Visitor and Convention Bureau set up a display at the Royal York
Hotel for Conventions to be held in Niagara Falls for 1993/1994.
Carried Unanimously.
His Worship Mayor Smeaton suggested that a special brochure presentation
be prepared for conventions in Niagara Falls.
Railsidlng - Victoria Avenue
Alderman Ward referred railsiding near Victoria Avenue which is abandoned
and disconnected from the mainline - this matter to be brought forward at the
next staff meeting, to be referred to Municipal Works Department.
July 1st - Canada Day Celabrations
Alderman Hendershot advised that there was no ceuncil meeting on Monday,
July 1st, 1991 - that it was Canada's 124th birthday. He invited and encouraged
Council to attend and participate in the Canada Day celebrations. He noted that
judges were required for the pie eating contest.
U.8.8.R. Visitors
Alderman Hendershot stated that the Sunrise Rotary club has invited 8
Soviet visitors to be guests of Niagara Falls. They had been scheduled to attend
the Fort Erie Friendship Festival, but are now attending the festivities in
Niagara Falls. His Worship Mayor Smeaton will be presenting a momento welcoming
these individuals from the Republic of Georgia of the U.S.S.R., to Niagara Falls.
*****
It was moved by Alderman Wardt seconded by Alderman Orr, that the meeting
adjourn.
READ AND ADOPTED,
S · SMEATON
TWENTY-SECOND MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
July 8, 1991
Council met on Monday, July 8th, 1991, at 6:00 p.m., in Committee of the
Whole. All members of Council, with the exception of His Worship Mayor Smeaton
who Was absent on vacation, were present. Alderman Orr presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND AD TED,
E.C. WAGG, CITY CLERK
PLANNING MEETING
Council Chambers
July 8, 1991
Council met on Monday, July 8th, 1991, at 7:30 p.m., for the purpose of
considering Planning Matters, and regular business. All members of Council, with
the exception of His Worship Mayor Smeaton who was absent on vacation, were
present. Acting Mayor Paisley Janvary presided as Chairman. Alderman Cummings
offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Campbell asked that the minutes of June 24th, 1991, be amended to
indicate that his conflict on page 2, was because he has a business relationship.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
minutes of the meeting held June 17th, 1991, be adopted as printed, and the
minutes of the meeting held June 24th, 1991, be adopted as amended.
Carried Unanimously.
REPORTS - PLANNING MATTERS
PD-91-102 Chief Administrative Officer Re: Zoning By-law Amendment
Application AM-17/91, M. Rlcci (cakes Drive Motel Ltd.), 6546 & 6505 Buchanan
Avenue. The report recommends the following:
1) That Council support the amendment to the Zoning By-law to remove a s~ecial
provision which allowed some of the required parking for the Cakes Inn Hotel
to be provided off-site and to zone Tourist Commercial (TC) the parcel which
had been zoned Parking (p) to accommodate the required off-site parkingl
2) That the City receive the payment of Expansion & Renewal fees applicable at
the time of building permit issuancel
3} That a daylighting triangle acceptable to the Director of Municipal Works be
dedicated to the City prior to the approval of the amending by-lawl
4) That Staff be directed to prepare the amending by-Aaws for enactment at a
subsequent Council meeting] and
5) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
2
Communication No. 185A - Regional Niagara Planning & Developsent Department -
Re: Proposed Zoning By-law Amendment (AM-17/91) Tourist Commercial Uses, 6505
& 6546 Buchanan Avenue. The communication advises that there are no objections
to this development provided there is adequate parking for the hotel and
enclosing comments from the Regional Public Works Department indicating no
objections to the proposal.
-AND
Communication No. 185B - CN Rail - Re: Application to Amend Zoning By-law 79-
200. The communication advises that there are no objections in principle,
providing concerns regarding drainage and the installation of a chain-link fence
are addressed.
- AND -
Communication No. 185C - Niagara Falls, Canada, Visitor & Convention Bureau -
Re: File AM-17/91. The communication advises that the Bureau is unable to
comment properly until the Tourism Master Plan Land Use is in position.
Communication No. 185D (HANDOUT) - MinistxTof Natural Resources - Rez Rezoning
Application Amendment NO AM-17/91. The communication expresses no objection to
the application.
Acting Mayor Janvary declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on June 7, 1991.
Acting Mayor Janvary received indication that Mr. John Broderick, Solicitor,
was in attendance on behalf of the applicants; and received a positive response
to her request for a show of hands by persons present who were interested in the
application. She 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-92: Proposal; General Information; Circulation
Comments; Planning Review, which included Background, Nature of the Zone Change
and Impact; and Site PlanReview. In response to questions raised, he explained
the impost policy.
Acting Mayor Janvary received a negative response to her request for comments
from persons, other than the applicant or his agent, in fayour ofw or opposed
to the application.
Mr. Bredcrick advised that he had nothing to add other than that the
recommendations and conditions had been reviewed with his client and that they
were acceptable.
Since no further comments were forthcoming, Acting Mayor Janvary declared
the Public Meeting, with respect to AM-17/91, Closed.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
OPa)ERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
communications be received and filed. Carried Unanimously.
PD-91-104 Chief Administrative Officer - Rex Zoning By-law Amendment
Application AM-18/91 Q O.P.A. 199, 5933 & 5939 McLeod Road; 842622 Ontario
Limited. The report recommends the followings
- 3 -
l)
That Council support the amendment to the Official Plan to permit the site
to be developed at a density of approximately 72 units per hectare (30
u.p.a.);
2)
That Council support an amendment to the Zoning By-law to permit the
construction of a 3 storey, 18 unit building and that the amending by-law
zone the lands the Residential Apartment 9B Density Zone (RSS), including a
modified building height provision to permit the construction of a peaked
roof;
3) That a daylighting triangle acceptable to the Director of Municipal Works be
dedicated to the City and that the payment of Expansion & Renewal fees to
the City, applicable at the time of building permit issuance, be required;
4) That the lands be placed under Site Plan Control to address grading, lighting,
landscaping, fencing, parking, etc., and that Staff be directed to prepare
the amending by-laws for enactment at a subsequent Council meeting; and
5) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
Communication NO. 186 - Regional Niagara Planning & Development Department - Re:
Proposed Official Plan and Zoning By-law Amendment, 3 Storey, 18 Unit Apartment
Building; 5933 and 5939 McLeod Road. The Communication advises that the
Department has no objections.
Acting Mayor Janvary declared the Public Meeting open and explained that the
procedure to be followed under the Planning Act, 1983, would be as in the
previous application.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on June 7th, 1991 and Notice Published in the local newspaper, with
respect to the Official Plan Amendment, on June 7th, 1991.
Acting Mayor Janvary received indication that Mr. John Broderick, Solicitor,
and Mr. Goldfinch, applicant, were in attendance; and received a positive
response to her request for a show of hands by persons present who were
interested in the application. She 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-96= Proposal; General Information; Circulation
Comments; and Planning Review, which included Official Plan, Draft Residential
Policies, Nature of the Official Plan Amendment; Nature of the Zone Change,
and Impact; and Site Plan Review.
Acting Mayor Janvary received a negative response to her request for comments
from persons, other than the applicant or his agent, in fayour of, or opposed
to.the application.
Mr. Broderick advised that he had reviewed the recommendations with his
client, that the proposal should be under site plan control, and that this was
being prepared. In response to concerns raised regarding traffic, Mr. Bredcrick
stated that, earlier on this date, the builders had been directed to keep the
trucks off the street.
Since no further comments were forthcoming, Acting Mayor Janvary declared
the Public Meeting, with respect to AM-IS/91, Closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherat, that the
communication be received and filed. Carried Unanim0uslv.
-4 -
PD-91-103 Chief Administrative Officer - Re: Zoning By-law Amendment
Application AM-20/91, Don P. Ellison, 6529 & 6531 Level Avenue. The report
recommends the following:
1)
That Council support the amendment to the Zoning By-law to permit the
conversion of an existing 1-1/2 storey dwelling into a dwelling providing four
apartment units through the construction of a 2 storey addition, including
the modification requested to the By-law provision which regulates the minimum
interior side yard to recognize the setback of the existing dwelling;
2) That a 2.5m (8.2 ft.) road widening be dedicated to the City;
3)
That the property be placed under Site Plan Control to address grading,
lighting, landscaping, fencing, management of storm water and to ensure the
removal of a second dwelling, existing at the rear of the site;
4) That Staff be directed to prepare the necessary by-laws for enactment at a
subsequent Council meeting; and
5) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
-~ND -
Communication No. 187A - Regional Niagara Planning & Development Department -
Re: AM-20/91. The communication advises that there is no objection to this
proposal, and attaches comments from the Regional Public Works Department
indicating no concerns.
- AND -
Communication No. 187B - Social Planning Council of Niagara Falls - Re: Zoning
Amendment No. AM-20/91. The communication indicates that the proposed
develoIMnent contributes to the housing mix and is a good example of infill; is
accessible to all amenities and in a low traffic area; expresses concern
regarding the dwelling unit to be demolished, and protection of the current
tenants.
Communication No. 187C (HANDOUT) - Ministry of Natural Resources - Re: Rezoning
Amendment Application AM-20/91. The communication indicates no objection to the
proposal.
Acting Mayor Janvary declared the Public Meeting open and explained that the
procedure to be followed under the Planning Act, 1983, would be as in the
previous applications.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on June 7th, 1991.
Acting Mayor Janvary received indication that the applicant, Mr. Don P.
Ellison, was in attendance; and received a positive response to her request for
a show of hands by persons present who were interested in the application, She
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 & Developsent discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report NO. PD-91-95: Proposal; General Information; circulation
Con~nents; and Planning Review, which included Official Plan, and.Nature of the
Zone Changes and Site Plan Review.
Acting Mayor Janvary received a negative response to her request for comments
from persons, other than the applicant or his agent, in fayour of, or opposed
to the application.
Mr. Ellison advised that he had notified the City, last week, about changes
in the parking design, and road widening. We referred to the difficulty which
5
would be caused by the recommended 8.2 ft. road dedication, and asked that the
recommendation be amended. Mr. Ellison stated that the tenants in the upper
floor had moved, and that the tenants in the lower floor were being accommodated.
The Director of Planning & Development explained the Official Plan Policy
requirement for 66 foot wide road allowances and the opportunity to achieve this
goal for the future in the redevelopment of lands.
Since no further comments were forthcoming, Acting Mayor Janvary declared
the Public Meeting, with respect to AM-20/91, closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor,
Hopkins, Orr, Puttick and Ward.
NAYE: Alderman Sherat.
Cummings, Hendershot,
Binsperger,
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the communications be received and filed. Carried Unanimously.
PD-91-105 chief Administrative Officer Re: Zoning By-law
Application AM-33/90, 800423 Ontario Limited, 3780 Welland Street.
recommends the following:
Amendment
The report
1) That Council not support the amendment to the Zoning By-law to permit the
development of a 4 storey, 50 unit apartment building which includes
modifications to the provisions regulating the maximum building height and
minimum interior side yard width;
2) That, as requested by the applicant, council consider supporting a modified
proposal for a 3 storey, 48 unit apartment building, which represents a more
compatible form of residential land use;
3} That Council consider the matter of peak roof or flat roof construction to
determine whether any height relief should be granted;
4) That the property be placed under Site Plan Control to address grading,
lighting, landscaping, fencing, etc.;
5) That the amending by-law be held in abeyance until the Infrastructure Needs
Study is completed, and it is determined to the satisfaction of the Director
of Municipal Works that the development can be serviced; and
8) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
Cosuaunication No. 188A (HANDOUT) - Ministry of Natural Resources - Re: Zoning
Amendment AM-33/90. The communication indicates no objection to the proposal.
- AND -
Communication No. 188B - Dante F. MarineIll, Solicitor - Re: 800423 Ontario
Limited - 3780 Welland Avenue; AM-33/80. The communication advises that a new
revised plan is being submitted showing a three-storey structure, one with a flat
roof and the other showing a peaked roof. The opinion is expressed that the
peaked roof design would be better suited for the site, would allow architectural
treatment for the building and blend in with the residential flayour of the
neighbourhoodl and asks the Planning Department to Consider the amended plan.
Communication No. 188C - Social Planning Council of Niagara Falls -Reg Zoning
Amendment AM-33/90. The communication states that the develo~nent provides a
good example of a range and mix of housing and redevelopment, expresses concerns
regarding the potential for condominiums, sewer systems and the high vacancy
rates which exist in the rental market in Chlppawa.
8
Communication No, 188D (HANDOU~) - Regional Niagara Planning & Development
Department - Re: Proposed Zoning By-law Amendment AM-33/90, Four Storey, Fifty
Unit Apartment Building, 3780 Welland Street. The communication advises that
the Public Works Department indicates that there are servicing concerns in the
area caused by combined sewers, and therefore, the amendment cannot be supported
until the concerns are resolved.
Acting Mayor Janvary declared the Public Meeting open and explained that the
procedure to be followed under the Planning Act, 1983, would be as in the
previous applications.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on June 7th, 1991.
The Director of Planning & Development stated that public notification had
been given for a 4-storey, 50 unit apartment building, but that the applicant
was asking council to consider a modification to a 3-storey, 48 unit apartment
building. He further stated that it was for Council to decide whether or not
to consider the modified proposal, and that this had been done previously.
During the discussion, it was noted that the result of the Study with respect
to Chippawa was anticipated at an early date. It was further noted that if the
application was postponed to a later date, the residents within 400 mettea would
require additional notification, and that some of the residents were present at
this meeting.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that
the matter be deferred to the August 12th, 1991, Planning Meeting. The motion
Carried with the following vote:
AYE: Aldermen Campbell, Craitor,
err, Sherat and Ward.
NAYE: Aldermen Cowan and Puttick.
Cummings, Hendershot, Hinsperger, Hopkins,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the communications be received and filed. Carried Unanimously.
PD-91-98 - Chief Administrative Officer - Re: Request for Extension to Draft
Plan Approval, T.G. Bright's Business Park Subdivision, 26T-88034 (Revised).
The report recommends the following:
l)
That a Council resolution supporting a one year extension to the T.G. Bright's
Business Park draft plan of subdivision be adopted and forwarded to the
Regional Municipality of Niagara, conditional upon the applicant maintaining
the appropriate subdivision sign which complies with the Municipal and
Regional requirements;
2) That a copy of this report and councll's decision be forwarded to the Regional
Municipality of Niagara and to River Realty Development (1976) Inc.
Aldermen Cummings and Sherat declared conflicts of interest because their
employer is involved.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman err, that
the report be received and adopted. The motion carried with Aldermen Cummings
and SheEar abstaining from the vote on conflicts of interest previously recorded,
and with the following vote:
AYE: Aldermen Campbell, Cowan, Oral:or, Hendershot, Hinsperger, Hopkins, err
and Ward.
NAYEs Alderman Puttick.
See Resolution NO. 30.
PD-91-99 - Chief Administrative Officer - Rot Application for Exemption from
Part Lot control, Lot 9, Harpmr Drive, Balmoral court Subdivision (Registered
Plan M-190). The report recommends the followings
- 7 -
1) That the request from Sam Cardamone and Bernie visca to be exempt from Part
Lot Control, Lot 9, Registered Plan M-190, be approved and that council pass
the appropriate by-law to designate the lands as exempt from Part Lot control;
and
2) That the applicants give notification to the City when the deeds have been
registered in order that the by-law be rescinded.
ORDEKED on the motion of Alderman Ward, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously=
PD-91-101 - Chief Administrative officer - Re: Interim Control Amendment
Application IMC-16/91, James Flannigan. The report recommends the following:
1) That Interim Control Amendment Application IMC-16/91 be approved, subject to
the conditions of this report; and
2) That council adopt the respective by-law appearing on tonight's agenda.
There was a negative response to Acting Mayor Janvary's request for comments
from persons in attendance.
ORDERED on the motion of Alderman err, seconded by Alderman cowan, that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-169.
PD-91-106 - Chief Administrative Officer - Re: Proposed Park Lease to the City
of Niagara Falls, Ontario Hydro Lands/Welland River. The report recommends that
Ontario Hydro be requested not to issue any new boat dock permits given the
City's expressed interest in a park lease of Welland River lands.
Mr. Robert McRae, Lyons Creek Road, received additional information regarding
the location of the subject lands.
During the discussion, it was suggested that the concerns of nearby residents
we taken into consideration during the planning process.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
CD-91-47 - Chief Administrative Officer - Re: Proposed Plan of Condominium
Subdivision - 'Pine Mansions', File No. 28-CD-91007(1); Owner: Pinewood Homes
(Tara) Ltd. - Mike Colaneri. The report recommends that the Pine Mansions
Condominium Subdivision be approved subject to the conditions enumerated in this
report.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
CD-9~-48 - Chief Administrative Officer - Re: Proposed Plan of condominium
Subdivision - 'Brandon Park Mall', File No. 26-CD-91008(1); Owner= BMVHHoldings
Ltd. (Bruno Me:tel, Treasurer).
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
REGULAR COUNCIL MEETING
DEPUTATIONS
8OCXALPIa~RNINO COUNCIL - NORTH YORE RESOLUTION -
MS. Julia Darnay, Executive Director, and Rexanne Felice, Project Manager,
of Project S.H.A.R.E., were in attendance. Ms. Darnay reviewed, and submitted
to the Clerk, an informative report on the Provincial Government,s 'Baok on
- 8 -
Track' report, which had been rejected in the resolution received from the City
of North York. The City of Niagara Falls supported North York at the Council
Meeting held June 3, 1991. The social Planning Council expressed interest in
hearing City Couneil's concerns regarding the report in order that these might
be forwarded to the Province.
Acting Mayor Janvary expressed appreciation to MS. Darnay.
HYDI~NT LOCATION -
Report No. MW-91-176 - Municipal Works Committee - Re: Committee Report:
Hydrant Lees=ion at Lot 24, Plan 59M-166/Montrose Manors Subdivision, Southwood
Drive. The report recommends the following:
1) That the owner of Lot 24, Southwood Drive, be advised that the relocation of
the hydrant (estimated cost $2,300.00) will be at his cost; and
2) That the owner of Lot 24 be advised that the relocation of the curb depression
will be at his cost (estimated cost $500).
Mr. O. Falivena, 4378 Meadowvale Drive, expressed the view that it was unfair
to ask him to be financially responsible for the relocation of the fire hydrant
and Curb.
During the discussion, reference was made to other hydrant relocations, and
a request for further information regarding action taken in these instances.
ORDERED on the motion of Alderman Puttick, seconded by Alderman cummings, that
the report be tabled for two weeks for further information. The motion Carried
with the following vote=
AYE: Aldermen campbell, Craitor, cummings, err, Puttick and Sherar.
NAYE: Aldermen Cowan, Hendershot, Hinsperger, Hopkins and Ward.
UNFINISHED BUSINESS
BOAT RAMP SODOM ROAD - PARKING LOT -
B-91-44 - Chief Administrative Officer - Re: Boat Ramp Sodom Road - Parking
Lot. (COUNCIL 1991 06 17). The report recommends that Council award the contract
for the Surface Treatment of the parking lot to Northland Bitulithic Limited for
the quotation amount of $31,084.57 (Option #2) including all taxes. Prior to
commencing any on-site works, the contractors are required to enter into the
necessary agreements and produce all the required insurances and documents.
Mrs. Shirley Fisher, 4266 Lyons Creek Road; Robert McRae, 4286 Lyons Creek
Road; and other residents of the subject area were in attendance to express their
concerns regarding traffic, parking, road and water safety, signage, paving the
roadway, ingress/egress, dogs running at large, and the "Johnny-on-the-spot,.
The concerns were referred to the Director of Buildings & Inspections for
investigation and action.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
NO. 189 - Residents of PetNile Cour~ - Rex Basketball Pole & Net - The
communication requests that a Basketball pole and net located on.City Property
in front of 7411 Pettulle Court, be allowed to remain.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be refer to the Municipal Works Committee. Carried Unanimously.
No. 190 - Niagara North Board of Waste Management - Rex 1991 Budget. The
communication submits the Board's 1991 Budget for approval of Municipal Councils.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Shetar, that the
communication be endorsed. carried Unanimously.
- 9 -
No. 191 - Niagara District Airport Commission - Re: Transfer of Ownership. The
communication requests council's endcreation of the initiatives proposed by the
Commission concerning the transfer of ownership of the Niagara District Airport
to local authority.
Regional Councillor Bill Dixon, an Airport commission Member, assured council
that the proposal would not require financial assistance at the Municipal level.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the
resolution be endorsed. Carried Unanimously.
No. 192 city of Oshawa - Re: 'Rolling Thunder Theatre Group'. The
communication asks Council's endcreation of a resolution requesting financial
support of Provincial Ministries for the "Rolling Thunder Theatre Group", which
is comprised of members with special needs.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the
resolution be endorsed. Carried Unanimously.
No. 193 - Regional Municipality of Niagara - Re: Retail Business Holidays Act.
The communication provides Notice of a Public Meeting to be held on Thursday,
July 18, 1991, at 7:00 p.m., in the Regional Building, in respect to a request
for exemption under the Retail Business Holidays Act, to allow Sunday openings
of the proposed Manufacturers outlet Mall, to be located at McLeod Road and the
Q.E.Way. Aldermen Craitor and Hendershot volunteered to attend the meeting.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that
the communication be received and filed. Carried Unanimously.
No. 194 - Patriarch, Inc. - Re: "Street Stands". The communication requests
the City's permission to locate "stands" on City streets for the purpose of
distributing brochures advising of therapy and information available at their
privately-run centres, in respect to drug abuse.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the request to use City streets not be granted. Carried U~
No. 195 - Niagara citisen's Advisor~ Committee - Re: Proposed Community Parolee
Facility. The communication suggests that city Council and Planning Department
identify alternative locations to the Simmerman Avenue site.
Alderman Ward declared a conflict of interest because he has a business
relationship.
Mr. Laurence Furnell, 5239 River Road, Gary Burke, and other residents of the
area were in attendance to express their concerns.
Mr. Spironello, representing the group, was in attendance to respond to
COncernS,
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger,
that the communication be received and filed. The motion Carried with Alderman
Ward abstaining from the vote on a conflict of interest previously recorded, and
with the following votex
AYE: Aldermen campbell, Cowan,
Hopkins, err and Sherat.
NAYEx Alderman Puttick.
Craitor, Cummings, Hendershot,
Hinsperger,
No. 196 - Association of MUnicipalities of Ontario (AMO) - Re: AMO Ad Hoc
Licensing Committee Meeting with Ministry of Municipal Affairs Officials. The
communication advises that the aforementioned meeting is scheduled for July 18,
1991 to review problems that Municipalities are facing wlth regards to licensing.
ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the
communication be referred to Staff for consideration and/or response·
Carried Unanimously.
· · 10
- 10 -
No. 197 - (HANDOUT) - Acting MaFor Alderman Paisley Janvary - Re: voluntary
Water Restrictions. The communication requests residents in the City to
voluntarily restrict lawn watering and outside water use by participating in an
even-odd outside water use schedule because of the unusually dry summer to date.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the communication be received and filed. Carried Unanimously.
REPORTS
Acting Mayor Janvary declared a conflict of interest on Report No. HR-91-15
because a member Of her family is employed by the City and her husband has a
business interest, asked Alderman Cummings to take the vote for this report, and
stepped down from the chair.
Alderman Headershot declared a conflict of interest on Report No. HR-91-15,
because a member of his family is employed by the city.
HR-91-15 -Chief Administrative Officer - Re: Employee Benefit Carrier. The
report, considered earlier this evening by the Finance Committee, recommends the
following:
1) That Sun Life Assurance Company of Canada replace Canada Life Assurance
Company, effective september 1, 1991, as the carrier for employee benefit
plans;
2) That the Director of Human Resources be duly authorized to do such things as
are necessary to effect this change.
ORDERED on the motion of Alderman Craitor, seconded by Alderman err, that the
report be received and adopted. The motion carried with Acting Mayor Janvary
and Alderman Hendershot abstaining from the vote on conflicts of interest
previously recorded, and with all others voting in fayour.
Acting Mayor Janvary returned to the chair.
B-91-45 - Chief Administrative officer - Re: Stamford Memorial Arena Structural
Improvements - Capital Funding. The report recommends that City Council approve
the by-law on tonight's ageads for capital expenditure of 6270,000.00 for the
structural improvements at the Stamford Memorial Arena.
ORDERED on the motion of Alderman err, seconded by Alderman Ninsperger, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that
approval be granted for tenders to be called with respect to raising the wires
in the Arena. Carried Unanimously.
see By-law NO. 91-166.
B-91-46 - Chief Administrative officer - Re: Site Plan Approval, Proposed 25
Unit Condominium Townhouses, Block 174, Plan 59M-183, Mount Carmel II, Mount
Carmel Blvd., AM-54/88, By-laws 89-280 & 89-281; A-112/90 & A-4/91; Site Plan
Control 90-09. The report recommends that the Council approve the site plan(s)
on display st tonight's meeting, being a proposed 25 unit Condominium Townhouse
Development, and the Site Plan being drawing Number A0, and the Landscape Plan
being drawing Number A0.1, end the Grading Control Plan being drawing Number 01,
and the Plan end Profile Drawings being drawing Numbers 02 end 03 and filed with
the Buildings and inspections Department of the city of Niagara Falls on July
2, 1991, and that such approval be subject to the conditions outlined in the
report.
Mr. Stewart Branscombe, River Realty (1978) Xnc., was in attendance.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously,
- 11 -
R-91-47 -Chief Administrative Officer - Re: Site Plan Approval, Proposed 6 Unit
On-Street Townhouse Development Lots 164, 165 & 166, Plan 285, Epworth circle;
AM-42/89, By-law 90-126, Site Plan Control 90-08. The report recommends that
the Council approve the site plan(s) on display at tonight's meeting, being a
proposed 6 unit on-street Townhouse Development, and the Site Plan being drawing
Number 1-2734, and the Grading and Servicing Plan being drawing Number 2-2734
and filed with the Buildings and Inspections Department of the City of Niagara
Falls On July 2, 1991, and that such approval be subject to the conditions
contained in the report.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
B-91-~8 Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for June 1991. The report provides information regarding
Permits Issued and Highlights for June 1991, and recommends that this report be
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
MW-91-190 (HANDOUT) - Municipal Works Committee - Re: Indian Defence League of
AmericaAnnual Parade (MW-91-174). The report recommends that the Indian Defence
League of America Annual Parade scheduled for Saturday, July 20, 1991, be
approved subject to the following conditions:
1) That the event meet all requirements from all other authorities;
2) That a grant in the amount necessary to purchase one million dollar
($1,000,000.00) liability insurance be given to the Indian Defence League Of
America;
3} That a copy of one million dollar ($1,000,000.00} liability insurance
indicating coverage for the City of Niagara Falls be presented to Staff prior
to the event.
Mr. Harry Mill, representing the Indian Defence League of America, was in
attendance.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that
the report be received and adopted. The motion carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Mendershot, Minsperger,
Hopkins, err, Puttick and Sherat.
NAYE: Alderman Ward.
MW-91-177 - Municipal Works Committee - Re: Committee Reports. The report
recommends the following:
1. Update on eEW Study - NwI. 405 to McLeod Road. (MW-91-165) -
It is recommended that:
(i) this report be received for the information of Municipal Council; and
(ii} a Council resolution be passed confirming that Thorold Stone Road at the
QEW meets the City's warrant for sidewalks on both sides of Thorold Stone
Road, end that the Ministry of Transportation design the Thorold Stone Road
overpass to accommodate sidewalks on both sides of the bridge deck.
2. Reconstruction of Lewis Avenue to Fortythe St. (MW-91-172) -
It is recommended thatt
(l) Lewis Avenue and Foraythe street from Stanley Avenue to centre Street
he included in the 1991 Asphalt Overlay Program at an estimated cost of
$70,000,00; and
- 12 -
(ii) the storm sewer and watermain construction works on Lewis Avenue and
Foraythe Street be deferred to 1998 when a new Ontario Hydro Tunnel Drop shaft
is scheduled to be available.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman 8herar, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 32.
MW-91-178 - Chief Administrative officer - Rez 1991 Hot Mix Asphalt Overlays.
The report recommends that the unit prices submitted by the low tenderer Steed
& Evans Ltd., be accepted and that the by-law appearing on tonight's agenda be
passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 33.
See By-law No. 91-173.
MW-gl-179 -Chief Administrative Officer - Re= contract 91-08, Surface Treatment
of Roads and Cold Mix Open Graded Resurfacing Program. The report recommends
that the unit prices submitted by the low tendeter, Norjohn Contracting Ltd.,
be accepted and that the by-law appearing on tonight's agenda be passed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and adopted. carried Unanimously.
See Resolution NO. 34.
See By-law No. 91-172.
MW-91-189 - (HANDOUT) - Municipal Works Committee - Re= Committee Report MW-
91-185, Tourjam Signing and Mapping. The report recommends the following~
1) That Council authorize the expenditure for the completion of a Tourist Area
Map in camera ready form at an upset limit of $19,000.005
2) That Council authorize the hiring of Mannfor Productions Incorporated for the
completion of the tourjam area guide map;
3) That Council authorize staff to prepare the necessary agreement.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the report be received and adopted. Carried Unanimously.
F-91-26 - Finance COmmittee - Re: Committee Reports. The report recommends
the following:
1. N,F. Cerebral Palsy Association - Request for Funds -
It is recommended that the report be received and filed.
2. Lethbridge RCMP Veterans' COurt challenge COmmittee Request for Funds -
It is recommended that the report be received and filed.
3. The Broken Cress Re,cost for Funds -
It is recommended that the re~ort be received and filed.
4. St. Patrick's Church Bingo Donations -
It is recommended that the report be received and filed.
5. FC-91-14, Tax Balances at June 1/91 -
' It is recommended that the report be received and filed.
6. FC-91-15, Interim Installment Date Change Information -
It is recommended that the report be received and filed,
- 13 -
7. 2835 RCACC Request for Financial Assistance -
It is recommended that the Royal Canadian Artillery Cadet Corps be granted
the sum of $400.005
8. Two Tier Property Tax Research - City of Peterborough -
It is reconuended that the Two Tier Property Tax Committee be granted the sum
of $100.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the report be received and adopted. Carried Unanimously.
F-91-27 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $14,585,078.68, for the period ending July
8th, 1991, be approved by the passing of the by-law appearing later on the
agenda.
Aldermen Cummings and Shetar declared conflicts of interest on Cheque No.
69167 because they are employed by the company.
Aldermen Hendershot and Janvary declared conflicts of interest on Cheque Nos.
68937 and 69231 because they are employed by the Board.
Alderman Hinsperger declared a conflict of interest on Cheque Nee. 69019,
69032, 69033 and 69162, because a member Of his family is employed by the
company.
Additional information was provided on cheque Nee. 69233 and 68859.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the
report be received and adopted. The motion Carried with Aldermen Cummings,
Sherat, Hendershot, Janvary and Hinsperger abstaining from the vote on cheque
Numbers and conflicts listed above; and with all others voting in fayour.
See By -law Nee. 91-175,
91-176 and No. 91-177.
CD-91-49 - Chief Administrative Officer - Re: Special Occasion Permit, Club
Italia. 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 Puttick, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
CD-91-SO - Chief Administrative officer - Re: Amendment to By-law 76-102,
Schedule 9, Camping Establishments. The report recommends that the proposed
changes to By-law 76-102, Schedule 9, governing the standards of Camping
Establishments in the City of Niagara Falls (as attached)~ be adopted by Council
and a by-law prepared to amend By-law 76-102.
Mrs. Dianne VanKleef was in attendance.
ORDERED on the motion of Alderman cummings, seconded by Alderman Campbell,
that the report be received and adopted. Carried Unanimously.
See B -law No. 91-168.
Verbal Report - Chief Administrative Officer - Re: S-91-24, Landfill Site
Extension, Appraisal of Property of T.G. Bright & co. Limited] S-91-22, King
Edward Hotel, 4200 Queen Street~ 9-91-21, contract Solicitor] S-91-20, Jay-vee
Waterbed Heaters Ltd., Tax Seizure~ MW-91-183, Staffing Changes Resulting from
Changes in Waste Collection Servlcee~ and MW-91-187, Staffing Changes in the
Maintenance & Operations Division (Service Centre), Equipment Section and
Administration Functions. The City Solicitor (Acting Chief Administrative
Officer) advised that the recommendations of the first five aforementioned
- 14 -
reports had been approved in Committee of the Whole earlier this evening; and
that the sixth report had been referred to the Chief Administrative Officer for
a further report.
Acting Mayor Janvary and Alderman Hendershot declared conflicts of interest
on Report NoB. MW-91-183 and MW-91-187 because they each have a son-in-law
employed by the Municipality.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that
the reports be received and recommendations adopted. The motion Carried with
Acting Mayor Janvary and Alderman Hendershot abstaining from the vote on
conflicts of interest previously recorded; with Alderman Puttick voting contrary
on Report No. MW-91-187, and with all others voting in fayour.
RESOLUTIONS
No. 30 - WARD - COWAN - RESOLVED that the Council of the City of Niagara Falls
hereby supports a one year extension of draft plan approval for the T.G. Bright
Business Park Subdivision, File No. 26T-88034, (Revised), conditional upon the
applicant maintaining the appropriate subdivision sign which complies with
Municipal and Regional requirements; AND the Seal of the Corporation be hereto
affixed.
The motion Carried with Aldermen Cummings and Shetar abstaining from the vote
on conflicts of interest previously recorded, with Alderman Puttick voting
contrary, and with all others voting in favour.
No. 31 - WARD - COWAN - RESOLVED that it is hereby confirmed that Thorold Stone
Road at the Queen Elizabeth Way does meet the City's warrant for sidewalks on
both sides of Thorold Stone Road, and that the Ministry of Transportation be
therefore asked to design the Thorold Stone Road overpass to accommodate
sidewalks on both sides of the bridge deck; AND the Seal of the Corporation be
hereto affixed. Carried Unanimously.
No. 32 - HOPKINS - SRERAR - RESOLVED that
1. Lewis Avenue and Forsythe Street from stanley Avenue to Centre Street be
included in the 1991 Asphalt Overlay Program at an estimated cost of
$70,000.00; and
2. the storm sewer, sanitary sewer and watermain construction works on Lewis
Avenue and Forsythe Street be deferred to 1998 when a new OntarioHydro Tunnel
Drop shaft is scheduled to be available;
AND the Seal of the corporation be hereto affixed.
Carried Unanimously.
No. 33 - CUBO4XMGS - HENDBRSBOT - RESOLVED that the unit prices submitted by
Steed & Evans Ltd., for Contract No. 91-03, 1991 Hot Mix Asphalt Overlays, be
accepted at the low tendered amount of $923~972.55; AND the Seal of the
Corporation be hereto affixed.
carried Unanimously.
Ne. 34 - HEIqDEHSEOT - CUMMINGS - RESOLVED that the unit prices submitted by
NorJohn Contracting Ltd., for contract No. 91-08 - Surface Treatment of Roads
and cold Mix Open Graded Resurfacing Program, at the low tendered amount of
$416,435.84, be accepted; AND the Seal of the Corporation be hereto affixed.
Cerried Unanimously.
15
- 15 -
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-166 - A by-law to authorize the reinforcement of the existing roof system
at the Stamford Memorial Arena.
No. 91-167
- A by-law to authorize the execution of an agreement with the
Minister of Municipal Affairs respecting a project in the city of
Niagara Falls Community Improvement Project Area (Valley Way from
Huron Street to Victoria Avenue and Queen Street from Buckley Avenue
to Victoria Avenue) under the Ontario Program for Renewal,
Improvement, Development and Economic Revitalization (PRIDE).
No. 91-168 - A by-law to amend By-law No. 76-102 as amended, being a by-law
respecting the issuance of licences.
No. 91-169 - A by-law to amend By-law No. 90-329, as amended. (Pts. i &2,
Reference Plan 59R-6348}.
No. 91-170 - A by-law to designate certain land not to be subject to part lot
control. (Lot 9, Plan 59M-190}.
No. 91-171
- A by-law to authorize the execution of a subdivision agreement with
River Realty Development (1976) Inc. respecting the Mount carmel
Plan 3 Subdivision.
No. 91-172
- A by-law to authorize the execution of an agreement with Norjohn
Limited for surface treatment of roads and the cold mix open graded
resurfacing program.
No. 91-173 - A by-law to authorize the execution of an agreement with Steed and
Evans Limited.
NO. 91-174 - A by-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (Whitewater Holdings).
No. 91-175 - To provide monies for general purposes. (June 24/91 $12,057,875.46).
No. 91-176 - To provide monies for general purposes. (July 1/91 $1,255,764.26).
No. 91-177 - To provide monies for general purposes. (July 8/91 $1,271,438.96).
The motion Carried with Aldermen Cummings, Sherat, Hendershot, Janvary and
Hinsperger abstaining from the vote on conflicts of interest previously recorded
under Report No. F-91-27; and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
following by-laws be now read a second and third time:
No. 91-166 - A by-law to authorize the reinforcement of the existing roof system
at the Stamford Memorial Arena.
No. 91-167
NO. 91-168
- A by-law to authorize the execution of an agreement with the
Minister of Municipal Affairs respecting a project in the City of
Niagara Falls Community Improvement Project Area (Valley Way from
Huron Street to Victoria Avenue and Queen Street from Bucklay Avenue
to Victoria Avenue) under the Ontario Program for Renewal,
Improvement, Developsent and Economic Revitalization (PRIDE).
- A by-law to amend By-law No. 76-102 as amended, being a by-law
respecting the issuance of licenoes.
No, 91-169
- A by-law to amend By-law No.
Reference Plan 59R-6348).
90-329, as amended.
(Pts. i &2,
· · · 16
- 16 -
No. 91-170 - A by-law to designate certain land not to be subject to part lot
control. (Lot 9, Plan 59H-190).
No. 91-171 - A by-law to authorize the execution of a subdivision agreement with
River Realty Development (1976) Inc. respecting the Mount CarmeI
Plan 3 Subdivision.
No. 91-172 - A by-law to authorize the execution of an agreement with NorJohn
Limited for surface treatment of roads and the cold mix open graded
reeurfacing program.
- A by-law to authorize the execution of an agreement with Steed and
Evans Limited.
- A by-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (Whitewater Holdings}.
- To provide monies for general purposes. (June 24/91 $12,057,875.46).
- To provide monies for general purposes. (July 1/91 $1,255,764.26).
- To provide monies for general purposes. (July 8/91 $1,271,438.96).
The motion Carried with Aldermen cummings, Shetar, Nendershot, Janvary and
Hlnsperger abstaining from the vote on conflicts of interest previously recorded;
and with all others voting in fayour.
No. 91-173
No. 91-174
No. 91-175
No. 91-176
No. 91-177
NEW BUSINESS
ITEMS OF CONCERNs
Recycling
Ald. Campbell, Craitor and Ward discussed the urgent need for extension of
recycling facilities in the Lundy's Lane Tourist Industry and restaurants, and
agreed that a meeting with concerned citizens, and City Staff be scheduled to
consider the matter.
Letter from Mayor Saeaton Rez Provincial Crane
ORDERED on the motlon of AId. Cummings, seconded by AId. Hendershot, that the
communication be received and filed. Carried Unanimously.
Niagara Recycling ~
Aid. Hopkins referred to the handout letter from Niagara Recycling regarding
the sale of assets to the private sector. No action was taken.
Festival of Lights
Aiderman Cun~nings referred to a decision made in Finance Committee earlier this
evening with respect to the Festival of Lights.
ORDERED On the motion Of Ald. Hendershot, seconded by Ald. Hinsperger, that the
recommendation of the N.F. Visitor & Convention Bureau, that $14,000.00 be
provided to the Bureau to assist with staffing cost to coordinate the 1991/92
Festival of Lights program, as approved by the Finance committee, be adopted.
The motion Carried with the following votes
AYEz Aldermen Campbell, traitor, Cummings,
Puttick, SheEar and Ward.
NAYEZ AIdermen Cowan and OrE.
Hendershot, Hinsperger, Hopkins,
Provincial Assistance to the Tender Fruit Industry
AId. Hopkins referred to the Handout communication from Regional Niagara Planning
& Development Dept., regarding the industry. The Planning Director advised that
the matter had been dealt with.
· 17
- 17 -
ITEMS OF INTERESTS
Canada Day
Alderman Puttick congratulated Ald. Hendershot on the success of Canada Day
events. Ald. Janvary suggested that appreciation be expressed to Cynthia
Robarts.
Ald. Puttick referred to the recent Arenas' Convention, and advised that a report
would be forthcoming.
Niagara Regional Exhibition - Niagara Falls Day
Alderman Janvary discussed a conununicatlon received from the Niagara Regional
Exhibition and the suggestion that Niagara Falls Day be scheduled for September
15, 1991.
ORDERED on the motion of Ald. Cummings, seconded by Ald. Hendershot, that the
matter be referred to the Civic Committee to organize.
It was moved by Alderman Puttick, seconded by Alderman err, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
TWENTY-THIRD MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
July 22, 1991
council met on Monday, July 22nd, 1991, at 6:00 p.m., in Committee of the
Whole. All members of Council, with the exception of His Worship Mayor Smeaton
who was absent on vacation, were present. Alderman Puttick presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
~ / AC [
REGULAR MEETING
Council chambers
July 22, 1991
council met on Monday, July 22nd, 1991, at 7:30 p.m., for the purpose of
considering regular business. All members of Council, with the exception of His
Worship Mayor Smeaton who was absent on vacation, and Alderman Orr who was ill,
were present. Acting Mayor Bruce Ward presided as Chairman. Alderman Hinsperger
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the minutes of the meeting held July 8th, 1991, be adopted as printed.
Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Campbell declared a conflict of interest on Report No. PD-91-110,
because his parents are members of a group which is opposed to Walker Brothers
expansion application.
Aldermen Craitor, cummings, Hopkins and Ward declared conflicts of interest
on Handout Report No. CD-91-53, because they are members of organizations which
conduct bingos.
Alderman Hinsperger declared a conflict of interest on Report No. F-91-28,
Cheque Nos. 69292, 69302, 69305, 69322, 69484 and 69485 because a member of his
family is employed by the company.
Alderman Ward declared a conflict of interest on Report No. F-91-28, cheque
No. 69320 because he is a shareholder in the company.
DEPUTATIONS
WALKER BROTHER8' LIMITED - LICENSING/REZONINO APPLICATIONS -
Report NO. PD-91-110 - Chief Administrative officer - Re: Walker Brothers
Quarries Limited, Proposed Expansion and Zoning By-law Amendment, Regional Plan
Amendment, License Application and Lakes & Rivers Improvement Act Application.
It was agreed that this report, which had been considered earlier this evening
in Committee of the Whole, be brought forward. The report provides a review of
- 2 -
actions taken to date with respect to the application of Walker Brothers Limited,
including the recommendation of the Environmental Planning & Greening committee
to defer this matter until all necessary information was received and sufficient
time given to analyze the information and an educated decision be made; and
recommends that this report be received for the information of Council.
Communication No. 198A - Duncan MacFarlane, Brooks, MacFarlane, Bielby & Smith
-Re: Licensing/Rezoning Applications of Walker Brothers Quarries Limited. The
communication requests permission to address Council on July 22nd, 1991.
-AND -
Communication No. 198B - N. Walker, President, Walker Brothers Quarries Limited -
Re: Licensing/Rezoning Applications of Walker Brothers Quarries Limited. The
Communication refers to the subject matter and asks Council to schedule a public
meeting for August 26th, 1991, to consider the matter.
Communication No. 198C - D. Aello, Aello Acres - Re: Walker Brothers Quarries.
The communication requests permission to address Council. Mr. Aello was in
attendance and requested, and received, the assurance of council that the
neighbouts in the subject area would be permitted to participate in the planning
process prior to a decision being made with respect to the application.
Mr. Russ chessman, Solicitor, Smith, Torrence& Lyons, was in attendance on
behalf of Walker Brothers Limited, and indicated that his client was interested
in proceeding with the planning process.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that Staff be directed to proceed with the Public Meeting in the normal planning
procedure. The motion Carried with Alderman Campbell abstaining from the vote
on a conflict of interest previously recorded, and with all others voting in
fayour.
CANADIAN ART CULTURE C~x,v-BRATION -
Communication No. 199 - Ted Krasowski, Special Projects Chairperson, The COuncil
of Canadians. The communication requests permission to address Council regarding
the *Canadian Content*, the National Days for the Celebration of canadian Art
and Culture, scheduled for August 3, 4, and 5, 1991, and to request that these
days be declared 'Canadian Content' days in Niagara Falls.
Mr. Krasowski invited Council members to participate in the 'Canadian
Content', provided further information regarding the group as well as upcoming
events, and requested moral support for the Celebratiop.
DUNN STREET RESIDENCE -
Mrs. Ann Halachan, 5797 Dunn Street, was in attendance to protest the recent
article in the local newspaper with respect to the condition and clean-up of her
home by City workers. She referred to her busy lifestyle and stated that she
was continuing to upgrade the condition of her property.
UNFINISHED BUSINESS
REQUEST FOR GUN CONTROL -
Communication NO. 200A - Wendy Cukier, COalition for Oun Control - Re: Proposed
Legislation for Gun Control BAll C-17. The communication attaches the
information regarding the Coalition's position on gun control, preliminary
submission to the Parliamentary Committee, and supporting comments from Oakvilla
Town council, Guelph city Council, the Mayor of Hamilton, Mayor of Winnipeg,
Toronto Board of Education, Ottawa Board of Education, Lakehead University, .
- 3 -
l'Ecole Polytechnique and Concordia University, Toronto Police Association,
Special Parliamentary Committee on Violence Against Women, Montreal Teacher's
Association, Evangelical Lutheran Church, and three political parties; as well
as support from the council of Big city Mayors, Canadian Police Association,
Canadian Criminal Justice Association and United Church of Canada.
- AND -
COmmunication NO. 200B - Resolution of FCM Big City Mayors' Caucus on Gun
Control. The resolution requests the Federal Government to immediately implement
legislation to contain recommendations incorporated therein, and include the
Federation of Canadian Municipalities in its consultations on gun control as well
as its current consultations with Provincial Governments, Police Forces and
interest groups.
- AND -
Communication NO. 200C - Larry Whitmore, Executive Manager, Ontario Handgun
Association - Re: Gun Control. The communication asks that David Harris,
President, Ontario Handgun Association; Lorne Rowe, President, Safeguard:
canadian for Responsible Gun Laws; and Bill Amot, President, Trillium Sports be
permitted to address Council on July 22nd, 1991. The communication suggests
inaccurate assumptions made by the Coalition for Gun Control in its presentation
to Council and exaggerates the source of the supply of criminal firearms; refers
to the low cost of primary liability insurance; and discusses the need for
enforcement of current laws.
- aND -
Communication No. 200D - Boss Orainge, Niagara Falls Revolver Club - Re: Gun
Control. The communication attaches information regarding gun control
legislation and requests permission to address Council.
- ~ND -
Communication No. 200E - George Miller, The National Firearms Association - Re:
Proposed Legislation to Gun Control. The communication states that the Criminal
misuse of firearms in this City is cause for concern by civilians and the Police,
discusses the safe storage of guns, and other control measures, and attaches a
supporting letter from Dr. D.I. Lorenzart.
- AND -
COmmunication No. 200F - Rich Crosslay - Re: Gun Control. The communication
requests permission to address council regarding this matter.
- AND -
Communication Nee. 2000, E, l, J, K, L and M - Marcia Erwin; Dr. J.N. Burkholder,
Medical Officer of Health, Regional Niagara Health Services Department; Phyllis
McLeod$ Brenda and John Brucato; Micki Smajda; Carolyn Komaromi; and Dr. Bonnie
M. Greene, Director, Office of Church in Society, The United Church of Canada.
The communications support stronger gun control.
- AND -
Communication
Langford, and
port stronger
Nos. 200 N, O, P, and Q (HANDOUTS) - Gwen Robinson, c. Evans, c.
Janice D. Gallsober - Re: Gun Control. The communications sup-
gun controls.
- ~ND -
Communication No. 200R (HANDOUT) Don campbell - Re: Gun Control. The
communication attaches newspaper cuttings suggestsquestions regarding the items,
and states that 'Guns don't kill people. People kill people'.
ORDERED on the motion of Alderman Puttick, seconded by Alderman cummings, that
the policy of 15 minute addresses be adhered to, with no rebuttals. The motion
· Carried with the following votes
AYE: Aldermen Cowan, Craitor, Cummings, Hinsperger, Hopkins, Puttick and SheEar.
NAYE: Aldermen Campbell, Mendarcher and Janvary.
Professor Wendy Cukier, President, Coalition for Gun Control, referred to her
communication with attachments from supporting groups, and requested the support
of council with regard to stronger gun controls.
- 4-
Lorne Rowe, President, Safeguard Canadians for Responsible Gun Laws expressed
opposition to the proposal of the Coalition for Gun Control that the gun laws
of Canada be strengthened. Re spoke on behalf on responsible gun owners, and
suggested that the Federal Government should take action to improve storage of
firearms, training, tighten access to firearms, reduce the criminal misuse of
firearms and the drug related problem, as well as a closer study of the proposed
legislation. Mr. Rowe stated that the suggested resolution would not reduce the
street problems caused by the criminal element.
Mr. David Harris, President, Ontario Handgun Association; Ross Grainge,
Niagara Falls Revolver Club~ George Miller, The National Firearms Association~
and Rich Crossley, expressed opposition to the requested resolution, stated that
controls would not be a deterrent to the criminal element, that the current
legislation was sufficient if enforced, expressed concern regarding the rising
crime rate and criminal use of firearms, and reviewed the resolution with
submissions concerning some items. It was suggested that the mechanics of Bill
C-17 were 'unworkable'.
Inspector Mike Locke, Niagara Regional Police Force, stated that registration
of guns allows law enforcers to check registration when they are stolen,
discussed the need for gun control by the state to ensure the 'freedom of
citizens as a whole', and suggested that citizens who disagree with the judiciary
have the right to contact their Member of Parliament.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger,
that the communications be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that
the correspondence be received and filed, and no action be taken. It was
requested that a recorded vote be taken. The motion was Defeated with the
following vote=
Alderman campbell
Alderman Cowan
Alderman Craitor
Alderman Cummings
Alderman Hendershot
NAYE
AYE
NAYE
AYE
NAYE
Alderman Hinsperger NAYE
Alderman Hopkins AYE
Alderman Janvary NAYE
Alderman Puttick NAYE
Alderman Sherat NAYE
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger,
that the resolution to the Federal Government be endorsed in principle and
stronger legislation be urged, with copies forwarded to the Minister of Justice
and Rob Nicholson, M.P. The motion Carried with the following vote=
AYE: Aldermen campbell, Hendershot, Hinsperger, Hopkins, Janvary, Puttick and
Shetar. ~
NAYEz Aldermen Cowan, Craitor and Cummings.
HYDRANT K~LOCATXON -
MW-91-184 - Chief administrative Officer -Ret Hydrant Relocation. The report
recommends that Report MW-91-176, attached, be adopted and that this report be
received and filed.
Mr. O. Falevina was in attendance to protest financial responsibility for the
relocation.
During the discussion, questions were raised regarding the goat of rmmoval
of the hydrant.
ORDERED on the motion of Alderman Puttick, seconded by Alderman cummings, that
the report be tabled for 3 weeks for further information. The motion Carried
with the following votez
AYEz Aldermen traitor, Cummings, Henderehot, Hlnspergert Puttick and Sherat.
NAYgl Aldermen campbell, Cowan, Janvary and Hopkins.
- 5 -
COMMUNICATIONS
No. 201 - City of Kitchaser - Re= Ontario Labour Relations Act. The
communication asks that the following resolution be presented to Council:
requesting the Province of Ontario to undertake a broad consultation process with
all potentially affected parties prior to introduction of legislation to amend
the Ontario Labour Relations Act and to implement the Employee Wage Protection
Program.
ORDERED On the motion of Alderman Hopkins, seconded by Alderman Hendershot, that
the communication be referred to Staff for comments, with input from the Union.
Carried UnanimousIv.
No. 202 - The Regional Municipality of Waterloo - Re: Development Charges Act
S.C. 1989 and Ontario Regulation 725/89. The communication asks that the
following resolution be presented to Council: requesting the Province to
establish a Task Force, in conjunction with appropriate Municipal organizations,
to review and standardize the administrative implications of the above named Act,
and delay the implementation date for Development Charge By-laws.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the resolution be supported. The motion was Defeated with the following vote:
AYE: Aldermen campbell, Cummings, Rinsperger and Sherat.
NAYE: Aldermen Cowan, Craitor, Hendershot, Hopkins, Janvary and Puttick.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that
the communication be received and filed. The motion carried with the following
vote:
Aldermen Campbell, Cowan, Craltor, Hendershot, Hinsperger, Hopkins, Janvary
and Puttick.
NAYE: Aldermen cummings and Sherat.
No. 203 - Minister of Housing - Re= 'A Housing Framework for Ontario'
#Government Land for Housing'. The communication attaches copies of the above
mentioned papers and asks assistance in developing a comprehensive policy for
housing.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that
the communication be referred to the Mayor's Rousing Committee for a
report. Carried Unanlmouslv.
No. 204 - ontario Federation of Anglers & Hunters - Re: Purple Loosestrife.
The communication requests consideration of a by-law to control purple
loosestrife in the City, and contact the Ontario Ministry of Agriculture and Food
and the Ontario Ministry of Natural Resources for information on the methods of
control.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the Ministry of Agriculture & Food be asked to consider amending the Provincial
regulations to have purple loosestrife declared a noxious weed.
carried Unanimously.
No. 205 - Gerard Marclet, Director, "Michael" Journal - Rez Provincial credit
System. The communication asks Council to endorse a resolution requesting the
Province to institute a Provincial credit System to flnance the production and
distribution for the citizens of the Province.
ORDERED on the motion of Alderman cummings, seconded by Alderman Janvary, that
'the communication be received and filed. carried Unanimously.
No. 206 - DOwntown Niagara Falls, BOard of Management - Re: Discount Dollar Days
Kickoff Luncheon' for Downtown Staff. The communication requests permission to
use City Hall for the event, which is scheduled for Tuesday, August 13, 1991,
11~30 a.m. to lx30 p.m.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the request be approved. Carried Unanimously.
- 6 -
- 7 -
No. 207 - The Conservation Council of Ontario - Re= 4th Annual Lieutenant
Governor's Conservation Awards. The communication invites Council to attend the
Awards dinner October 23, 1991 at Royal York Hotel, Toronto.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the communication be referred to Staff for recommendations.
Carried UnanimousIv.
R-91-31 - Recreation Commission - Re: Winter Ice Schedule. The report
recommends that the attached schedules for Special Events and Regular Use of
Winter Ice for 1991/1992 at Municipal Arenas be approved.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
No. 208 - Aldemn Gar[ Hendershot, Acting Mayor - Re: Cross-border Shopping,
Toronto Meeting July 18, 1991. The communication provides information
regarding the results of the meeting.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the communication be received and filed. Carried Unanimously.
REPORTS
R-91-26 - Recreation Commission - Re: Skateboarding Facility. The report
recommends that up to $5,000.00 be approved to initiate a pilot skateboarding
program at the Lions Outdoor Rink.
Mrs. Nancy Atkin, 5086 Maureen crescent, addressed Council on behalf of
concerned residents of the area adjacent to the Lions Outdoor Rink. She referred
to a Handout petition which itemized high noise levels, vandalism and theft,
minors drinking a!cohol and lack of supervision at this outdoor ice rink. Mrs.
Atkin expressed the concern of residents that a skateboarding facility would
increase these problems for the neighbourhood.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that
the report be received and filed, and no action taken. The motion Carried with
the following votez
AYE: Aldermen Cowan, Cummings, Hinsperger, Hopkins, Janvary, Puttick and Sherat.
NAYE: Aldermen Campbell, Craitor and Hendershot.
B-91-50 - Chief Administrative Officer - Re: Site Plan Approval Proposed 60-
Unit Co-Op Townhouse Development, Block 73 Plan 59M-200 Ascot Woods Extension
4 Subdivision, Preakness Street, AM-14/91, By-laws 91-130, 90-179, 90-180, Site
Plan Control 91-10. The report recommends that the council approve the site
plan(s) On display at tonight's meeting, being a proposed 60 unit townhouse
development, and the Site Plan being drawing Number S1, and the Planting Plan
being drawing Number L1, and the Site Details being drawing Number L2, and the
Grading and Service Plan being drawing Number 01 and the Plan and Profile
Drawings being Numbers 02, 03 and 04, and filed with the Buildings and
Inspections Department of the City of Niagara Falls on July 16th, 1991, and that
such approval be subject to the conditions contained in this report.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
B-91-51 - Chief Administrative officer - Re: Site Plan Approval Proposed
Expansion to Industrial Plaza, 7868 Oakwood Drive. The report recommends that
the Council approve the site plan(s) on display at tonight's meeting, being a
proposed Industrial Plaza Expansion, and the Site Plan being drawing Number 91-
01, and filed with the Buildings and Inspections Department of the City of
Niagara Falls on July 16th, 1991, and that such approval be subject to the
conditions enumerated in this report.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimously.
R-91-27 -Chief Administrative Officer - Rex Niagara South Recreation Complex -
Evaporator Condenser. The report recommends that E.S. Fox be contracted to
provide and install an evaporator condenser and an automatic shut-off device to
the refrigeration system at the Niagara South Recreation Complex at a cost of
$33,064.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. carried Unanimously.
R-91-28 - chief Administrative officer - Re: L.B. Pearson/Mary Ward School
Parking Lot. The report recommends that Staff be authorized to prepare an
agreement with the Welland county Roman catholic School Board to allow for the
construction of a parking lot (turn around) on city property.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the report be received and adopted. Carried Unanimously.
R-91-30 - Chief Administrative Officer -Rez A.G. Bridge Tennis Courts. The
report provides information regarding action taken as a result of concerns
expressed by Mr. John Orth with respect to the A.G. Bridge Tennis Courts
adjoining his property; provides options regarding fencing, signage and a basket
to return stray tennis balls periodically, and recommends that the report be
considered by Council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that
the recommended signage and basket be installed, and further, that the proposed
fencing be referred to the 1992 budget deliberations. Carried Unanimously.
PD-91-107 - Chief Administrative Officer - Re: Application for Condominium
Conversion File No. CD-91-002 Under The Rental Housing Protection Act for 5852
Frontenac St. The report recommends that subject to the comments made at the
Public Meeting, Council could approve of the application as the removal of these
units does not adversely affect the supply of affordable rental housing in the
Municipality.
-AND -
Communication No. 209A - Regional Niagara Planning & Development Department -
Rez Application Under The Rental Housing Protection Act, condominium conversion,
5852 Frontenac Street, 15 Townhouse Units. The communication advises that based
on the Region's Housing Policies, the Regional Planning Department would
encourage the City not to support the application.
-AND -
Communication No. 209B - Ministr~ of Housing - Rez Rental Housing Protection
Act, 1989, 5852 Frontenac Street. The Communication advises that Council may
approve the application if the conversion will not adversely affect the supply
of affordable rental housing in the City of Niagara Falls.
-AND -
Communication No. 209C (BANDOU~) - Social Planning Council of Niagara Falls -
Rat CD-91-002 Condominium conversion, 5852 Frontenac Street. The communication
'reviews the positive and negative aspects of the conversion·
Acting Mayor Ward declared the Public Meeting open and reviewed the procedure
to be followed under the Rental Housing Protection Act.
The Clerk advised that the Notices of the Public Meeting had been mailed on
July 5th, 1991, and Notice had been published in the Niagara Falls Review on July
5th, 1991.
8
In response to Acting Mayor Ward's request, Mr. D. Marineill, Solicitor,
indicated that he was in attendance on behalf of the applicants and a positive
response was received to indicate the presence of persons interested in the
application.
The Deputy Director of Planning & Development explained the application under
the Rental Rousing Protection Act, discussed the type of ownership, and advised
that the conversion would not harm the rental rate in the Municipality. He
stated that the condominium conversion was acceptable because the vacancy rate
for the City was approximately 3% and tenants would have little difficulty in
finding alternative accommodation.
Mrs. sandra Arsenault, 4230 Meadowvale Drive, addressed Council on behalf of
the tenants, declaring the tenants in agreement with the conversion to affordable
housing.
Mr. Marineill referred to the Planning Department's support of the
application, advised that 14 out of 15 tenants had signed consent to the
application, and that the 15th tenant was on vacation. He further advised that
this was an opportunity for the tenants to purchase an affordable residence, and
stated that the buildings would be up-graded.
Since no further comments were forthcoming, Acting Mayor Ward declared the
Public Meeting with respect to CD-91-002 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and the application approved. Carried Unanimously.
PD-91-108 - Chief Administrative Officer - Re: Application for Condominium
Conversion File No. CD-91-003 Under The Rental Rousing Protection Act for 4230
MeadowVale Dr. The report recommends that subject to the comments made at the
Public Meeting, Council could approve of the application as the removal of these
units does not adversely affect the supply of affordable rental housing in the
Municipality.
- AND -
Communication No. 210A - Regional Niagara Planning & Development Department -
Re: Application Under The Rental Housing Protection Act, Condominium Conversion
CD-91-003, 4230 Meadowale Drive, 22 Townhouse Units. The communication advises
that based on the Region's Housing Policies, the Regional Planning Department
would encourage the city not to support the application.
- AND -
Communication No. 210B - Ministr~ of Housing - Re= RQntal Housing Protection
Act, 1989, 4230 Meadowvale Drive. The communication advises that Council may
approve the application if the conversion will not adversely affect the supply
of affordable rental housing in the City of Niagara Falls.
- AND -
Communication No. 210C (HANDOUT) - Social Planning Council of Niagara Falls -
Re= CD-91-003 Condominiumconversion, 4230 Meadowvale Drive. The communication
reviews the positive and negative aspects of the conversion.
Acting Mayor Ward declared the Public Meeting open and reviewed the procedure
to be followed under the Rental Housing Protection Act.
The Clerk advised that the Notices of the Public Meeting had been mailed on
July 5th, 1991, and Notice had been published in the Niagara Fall~ Review on July
5th, 1991.
In response to Acting Mayor Ward's request, Mr. D. MarineIll, Solicitor,
'indicated that he was in attendance on behalf of the applicant~ and a positive
response was received to indicate the presence of persons interested in the
application.
-9-
The Deputy Director of Planning & Development advised that this application
was similar to the preceding one. He stated that the proposal was for a 22 unit
townhouse, that the vacancy rate for townhouses was low, that the number of
tenants who wished to purchase or obtain long term leases was good, that the
vacancy rate in the City was 3.8%, and therefore alternative accommodation was
available. The Planning Department recommended approval of the application.
There was a negative response to Acting Mayor Ward's request for comments from
persons present, other than the applicant or his agent, in fayour of or opposed
to the application.
Mr. Marineill advised that the situation was the same as in the previous
application, that it was a small townhouse development, that there was vacancy
in the development, and that the tenants had indicated consent to the proposal.
Since no further comments were forthcoming, Acting Mayor Ward declared the
Public Meeting with respect to CD-91-003 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and the application approved. Carried Unanimously.
MW-91-192 - chief Administrative Officer - Re: By-law to Authorize
Reconstruction on: 1. Brock Street from St. Paul Ave. to St. Patrick Avenue;
2. St. Patrick Ave., from Brock St. to Stamford Green Drive; 3. Stamford Green
Dr., from St. Paul Avenue to Dorchester Road; 4. Linden Ave., from Stamford Green
Dr. to Russell St. The report recommends the following:
1) 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 work, and;
2) That, subject to there being no valid objections, the by-law appearing on
tonight's agenda be given three readings and be passed by Council.
There were no comments received from interested persons present.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously..
See By-law No. 91-178.
MW-PI-193 - Chief Administrative Officer - Re: contract 91-101 Storm Sewer
Installation on University Ave., Cropp St. and Easement to Morrison St.; Road
Reconstruction on Cropp St. The report recommends that the unit prices submitted
by the low tendeter, V. Gibbons Contracting Ltd., be accepted and that the
contract be awarded to this firm.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously:
See Resolution No. 36.
See By-law No. 91-183.
MW-91-194 - chief Administrative officer - Re: Welland county Roman Catholic
Separate School Board - Wilson Crescent Extension. The report recommends that
the by-law dedicating Parts 1, 2 and 3, Plan 59R-7889 as public highways, be
approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot~ that
the report be received and adopted. carried unanimously._
see By-law No. 91-179.
MW-91-198 - Chief administrative Officer - Re: Contract 91-102 Dorchester Road
Storm Sewer from Freeman Street to Morrison Street. The report recommends that
the unit prices submitted by the low tendeter, Stephens & Rankin Inc. be accepted
and that the contract be awarded to this firm.
- 10 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 37.
See By-law No. 91-182.
MW-91-200 (BANDOUT) - Nunicipel Works Committee - Re:
Recycling Program. The report recommends the following:
committee Report:
1) That on behalf of 10 Municipalities (not including St.1 Catharines and Fort
Erie), the Region be authorized to:
(a) Pursue the Municipal acquisition of Niagara Recycling;
(b) Prepare an acquisition agreement for the 10 area Municipalities and the
Region with Niagara Recycling for the administration and the operation of a
Recycling Program for the next two years at an approximate cost of $190/tonne;
(c) Make a formal application to the Ministry of the Environment for enhanced
funding which will return the operating grants to the 50% rate; and
(d) Request the Ministry of the Environment and Ontario Multi-Material
Recycling Incorporated to forgive the debts to Niagara Recycling.
2. That a $35/tonne diversion fee surcharge be approved for the period from July
1, 1991 until the acquisition of Niagara Recycling is completed.
ORDERED On the motion of Alderman Hopkins, seconded by Alderman Janvary, that
the report be received and adopted. The motion C~rried with the following vote:
AYE: Aldermen Campbell, Cowan, Creator,
Hopkins, Janvary and Sherar.
NAYE: Alderman Puttick.
Cummings,
Hendershot,
Hinsperger,
MW-91-201 (MeNDOUT) - Municipal Works Committee Re: Committee Report:
Westmeadow Subdivision Stage II. The report recommends the following:
1) That the attached Terms of Reference for hiring the Engineering consultant
to design the Subdivision Services and external sewer outlets, be approved;
2) That Staff be authorized to obtain quotes from the list of Consultants
attached; and
3} That Council approve in principle the servicing scAeme for the above-noted
Subdivision.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
, , , , ,
Acting Mayor Ward had previously declared a conflict of interest because he
is a member of an organization which conducts bingee, and asked Alderman
Hendershot to chair the following Report No. CD-91-53.
CD-91-53 (BANDOUT) - Chief Adsinistra~ive Officer - Re: Ukrainian Canadian High
Horizons - Request for Building Fund. The report, which was approved as amended
by the Finance Co~mittee earlier this evening, recommends the following:
1) That the request of the Ukrainian Canadian High Horizons to accumulate
$300,000.00 for the purpose of building a new hall/cultural centre be
approved;
2) That the Ukrainian Canadian High Horizons be permitted to accumulate these
funds at a rate not to exceed 25% of yearly bingo profits, subject to current
Municipal practice with respect to accounts and reporting requirements;
3} That Staff investigate the development of a policy for the use of bingo funds
for building related matters.
It was recommended that Recommendation No. 2 be amended to read $30,000 rather
than 25%.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger,
that the amended report be received and adopted. The motion carried with
Aldermen Craitor, Cummings, Hopkins and Ward abstaining from the vote on
conflicts of interest previously recorded, and with the following vote:
AYE: Aldermen Campbell, Hinsperger, Janvary, Puttick and sherar.
NAYE: Alderman Cowan.
Acting Mayor Ward returned to the Chair.
, , · , ,
F-91-28 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $3,068,983.O6 for the period ending July
22nd, 1991, be approved by the passing of the by-law appearing later on the
agenda.
Additional information was provided on cheque Nee. 69479 and 69576, and a
report was requested on Cheque No. 69550.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Creator, that
the report be received and adopted. The motion Carried with Aldermen Hinsperger
and Acting Mayor Ward abstaining from the vote on conflicts of interest, on
Cheque Numbers previously recorded; and with all others voting in fayour.
See By-law No. 91-187
and By-law No. 91-188.
, , , , ,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that approval be granted to proceed past 11:00 p.m. The motion CarTied with the
following vote:
AYE: aldermen Campbell, Creator, Cummings, Hendershot, Hinsperger, Hopkins,
Puttick and Sherat.
NAYE: aldermen Cowan and Janvary.
, , · , ,
S-91-25 - Chief administrative Officer - Re: Establishment of Certain Lands as
Public Eighways. The report recommends that the by-law included on this
evening's agenda for the establishment of the following lands as public highways
be passed:
1) Blocks 10, 11 and 12 on Registered Plan 59M-179 to become part of Deerbrook
Street;
2) Blocks 9~ 13 and 14 on Registered Plan 59M-179 to become part of Hemlock
StreetI
3) Block U on Registered Plan M-53 to become part of Ethel Street;
4)
Part cf Range 15 and 16 City of the Falls company Plan, now known as Part 1
and designated as Part I on Reference Plan 59R-7271 to become part of Buchanan
Avenue;
5)
Part of Lot 170 for the former Township of Stamford and being designated as
Part I on Reference Plan 59R-7506 to become part of McLeod Road.
- 12 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot,
that the report be received and adopted. Carried Unanimously.
See By-law No. 91-180.
CD-91-52 - Chief Administrative Officer - Re: 1991 Local Improvements Program.
The report recommends that the Local Improvements described in proposed By-law
91-85, as curb and gutters on Brock Street, from St. Paul Avenue to St. Patrick
Avenue, be deleted from the by-law by resolution and that an application be
submitted to the O.M.B. for the remaining works in the by-law.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See Resolution NO. 35.
CD-91-54 - Chief Administrative Officer - Re= Special Occasion Permit Canadian
Corps Unit #104. 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 Puttick, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 35 - CUMMINGS - JANVARY - RESOLVED that the proposed By-law 91-85, being a
by-law to authorize the construction of certain works as local improvements under
section 12 of The Local Improvement Act, which was read a first and second time
at the meeting of council on April 15, 1991, be amended as follows:
1) By deleting, in Schedule 'A' to said By-law 91-85, the reference to works
proposed on Brock Street from St. Paul Avenue to St. Patrick Avenue;
2) By amending proposed By-law 91-85 to indicate the revised total cost of the
works and distribution of costs;
3) That By-law 91-85 be also amended appropriately insofar as costing to reflect
the deletion of the works on Brock Street;
AND the Seal Of the corporation be hereto affixed.
Carried Unanimously.
No. 36 - CUI~4ENGS - JANVARy - RESOLVED that the unit prices submitted by V.
Gibbons Contracting Ltd. for Contract No. 91-101 - Storm Sewer Installation on
University Avenue, Cropp Street, and Easement to Morrison Street; and Road
Reconstruction on cropp Street, at the low tendered Mount of $777,663.27, be
accepted; AND the Seal of the Corporation be hereto affixed.
carried Unanimously.
No. 37 -CUMMINGS - CRAXTOR -RESOLVED that the unit prices submitted by Stephens
& Rankin Inc., for Contract No. 91-102 - Dorchester Road Storm Sewer from Freeman
Street to Morrison Street, at the low tendered Mount of $1,040,537.85, be
accepted; AND the Seal of the Corporation be hereto affixed.
carried UnanimoUsly.
BY-LAW~
ORDERED on the motion of Aldermen Cummings, seconded by Aldermen 8herar, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time;
· · 13
- 13 -
No. 91-178 - A by-law to authorize road reconstruction of Brock Street, St.
Patrick Avenue, Stamford Green Drive and Linden Avenue.
No. 91-179 - A by-law to establish certain lands as part of Wilson crescent being
a public highway-
No. 91-180 - A by-law to establish certain road widehinge and one foot reserves
as public highways.
NO. 91-181 - A by-law to authorize an agreement with the Minister of Tourjam and
Recreation for services and funding assistance in the preparation
of a Tourjam Master Plan-
No. 91-182 - A by-law to authorize the execution of an agreement with Stephens
and Rankin Inc. for storm sewer installation.
No. 91-IS3 - A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. for storm sewer installation, easement and road
reconstruction-
No. 91-184 - A by-law to authorize the execution of an agreement with Northland
Bitulithic Limited for surface treatment of the Sodom Road Marine
Parking Lot.
No. 91-185 - A by-law to authorize the execution of a Full and Final Release
respecting the King Edward Hotel.
No. 91-186 - A by-law to amend By-law NO. 79-200, as amended. (AM-5/91 James D.
WilllamB In Trust; KOA campground, 8625 Lundy's Lane~ Report PD-
91-45 approved by Council April 8, 1991).
No. 91-187 - A by-law to provide monies for general purposes(S968,167.57 July 15,
1991).
No. 91-188 - A by-law to provide monies for general purposes(S2,100,815-49 July
22, 1991).
The motion Carried with Aldermen Hinsperger and Acting Mayor Ward abstaining from
the vote By-law Nos. 91-187 and 91-188, on conflicts of interest previously
recorded; and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the following by-laws be now read a second and third time=
No. 91-178 - A by-law to authorize road reconstruction of Brock Street, St.
Patrick Avenue, Stamford Green Drive and Linden Avenue.
NO. 91-179 - A by-law to establish certain lands as part of Wilson Crescent being
a public highway.
Nn. 91-180 - A by-law to establish certain road widenings and one foot reserves
as public highways.
No. 91-181 - A by-law to authorize an agreement with the Minister of Tourjam and
Recreation for services and funding assistance in the preparation
of a Tourlsm Master Plan.
No. 91-182 - A by-law to authorize the execution of an agreement with Stephens
and Rankin Inc. for storm sewer installation.
Ne. 91-183 - A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. for storm sewer installation, easement and road
reconstruction.
No, 91-~8t - A by-law to authorize the execution of an agreement with Northland
Bltulithtc Limited for surface treatment of the Sodom Road Marine
Parking Lot.
- 14 -
No, 91-185 - A by-law to authorize the execution of a Full and Final Release
respecting the King Edward Motel.
No. 91-186 - A by-law to amend By-law No. 79-200, as amended. (AM-5/91 James D.
Willjams In Trust; KOA campground, 8625 Lundy's Lane; Report PD-
91-45 approved by council April 8, 1991).
No. 91-187 - A by-law to provide monies for general PurPoses(;968,167.87 July 15,
1991).
No. 91-188 - A by-law to provide monies for general Purposes($2,100,S15.49 July
22, 1991).
The motion Carried with Aldermen Hinsperger and Acting Mayor Ward abstaining from
the vote By-law Hos. 91-187 and 91-188, on conflicts of interest previously
recorded; with Alderman Puttick voting contrary On By-law No. 91-185; and with
all others voting in favour.
ITEM OF CONCERNX
NEW BUSINESS
Buses Parking/Souvenir City
Alderman Hendershot referred to complaints received from residents in the area
of Souvenir City, River Road, indicating that buses were parking with motors
running and causing noise and Pollution. It was determined that River Road in
this area was under the Jurisdiction of the Niagara Parks Commission, and was
a 'No Parking' area. The Director of Buildings & Inspections will approach the
Niagara Parks Commission and the Realth Department regarding this matter.
ITEMS OF INTERESTX
Entertainment - Firemen's Park -
Alderman Cummings advised that on Tuesday evenings there is entertainment at
Flremen's Park, and that on July 23rd, International Night will be celebrated
by a Club Italia Dance, Scottish Dance School, Indian dance, and Regional Police
Pipes and Drums.
Convention Facilities -
Alderman Puttick suggested that the funds for the pumping station at the
Industrial Park be diverted to the construction of a 9onvention centre in the
area of Buchanan Avenue and Murray Street.
Remembrance DaF , November 11, 1991 -
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that
the Council meeting scheduled for November 11, 1991, On Remembrance Day, be
cancelled. The motion Carried with the following vote:
AYEx Aldermen campbell, Cowan, Cummings, Hendershot, Binsperger, Puttick and
Sherat.
NAYE: Aldermen Oraltot, Hopkins and Janvary.
· , , , ·
It was moved by Alderman Hopkins, seconded by Alderman Janvary, that the
meeting adjourn. Carried Unanimously.
TWENTY-FOURTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
July 29, 1991
Council met on Monday, July 29th, 1991, at 7:00 p.m., in Committee of the
Whole. All members of council, with the exception of Alderman Janvary who was
absent because of an illness in the family, and Alderman Einsperger who is on
vacation, were present. His Worship Mayor Smeaton presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
P~EAD AND ADOPTED,
MAYOR S. SMEATON
SPECIAL MEETING
council chambers
July 29, 1991
Council met on Monday, July 29th, 1991, at 8:25 p.m., for the purpose of
considering regular business. All members of Council, with the exception of
Alderman Janvary who was absent because of an illness in the family, and Alderman
Hinsperger who is on vacation, were present. His Worship Mayor Smeaton presided
as Chairman, and offered the Opening prayer.
REPORT
HR-91-16 - chief Administrative Officer - Re: Amended Collective Agreement
between The Corporation of the City of Niagara Falls and Canadian Union of Public
Employees and its Local 133. The report recommends that council ratify the
amended Collective Agreement between The Corporation of the City of Niagara Falls
and Canadian Union of Public Employees and its Local 133 for 1991/1992 by passing
the by-law appearing on tonight's agenda-
Alderman Eendershot declared a conflict of interest because his son-in-law
is employed by the City.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. The motion carried with Alderman Rendershot
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in favour.
BY-LAW
ORDERED on the motion of Alderman Cummings, seconded by alderman Craitor, that
leave be granted to introduce the following by-law, and the by-law be read a
first timex
No. 91-190 - A by-law to authorize an Agreement with Canadian Union of Public
Employees and its Local 133.
The motion carried with Alderman Rendershot abstaining from the vote on a
conflict of interest previously recorded, and with all others voting in
fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Oft, that the
following by-law be now reada second and third timex
· 2
2
No. 91-190 - A by-law to authorize an Agreement with Canadian Union of Public
Employees and its Local 133.
The motion Carried with Alderman Hendershot abstaining from the vote on a
conflict of interest previously recorded, and with all others voting in
favour.
REPORT
HR-91-17 - Chief Administrative Officer - Re: Non-Union Salaries and Benefits
for 1991 and 1992. The report recommends that Council authorize a 5 1/4% salary
increase for non-union employees, effective January ls 1991, and a 5% salary
increase effective January 1, 1992.
During the discussion Staff was requested to submit a report indicating
alternative methods of increasing salaries of non-union workers.
ORDERED On the motion of Alderman campbell, seconded by Alderman 0rr, that
the report be received and adopted. The motion Carried with the following vote:
Aldermen Campbell, cowan, Craitor, Hendershot, Hopkins, err, Puttick,
Sherat and Ward.
NAYE: Alderman Cummings.
BY-LAWS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that
leave be granted to introduce the following by-law, and the by-law be read e
first time:
Ne. 91-191 - A by-law respecting sick leave, pensions and other benefits for
employees.
The motion Carried with the following vote:
AYEz Aldermen Campbell, Cowan, Craitor, Hendershot,
Sherat and Ward.
NAYE: Alderman cummings.
Hopkins, err, Puttick,
- 3 -
No. 91-189 - A by-law to authorize the execution of an agreement with Manefor
productions Inc. to carry out the work in order to complete the
Tourism Area Guide Map.
CarriedUnanlmousl ·
RESOLUTION
No. 38 - PUTTICK - CUMMINGS - RESOLVED that a message of condolence be forwarded
to the family of the late Louisa M. Mangoff, a highly respected and well known
family in the community; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl .
NEW BUSINESS
His Worship Mayor Smeaton expressed appreciation to Aldermen Hendershot,
Janvary and Ward for taking over the duties of his office while he was on
vacation.
READ AND ADOPTED,
ORDERED on the motion of Alderman err, seconded by Alderman Hendershot, that the
following by-law be now read a second and third time:
No. 91-191 - A by-law respecting sick leave, pensions and other benefits for
employees.
The motion Carried with the following vote:
AYE: Aldermen campbell, Cowan~ craitor, Hendershot,
Sherat and Ward.
NAY~= Alderman Cummings.
Hopkins, err, Putticks
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
leave be granted to introduoe the following by-law, end the by-law be read a
first time{
No. 91-189 - a by-law to authorize the exesutien Of an agreement with Manefor
Productions Inc. to carry out the work in order to complete the
Tourism Area Guide Map.
Carried Unanimousiv.
ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the
following by-law be now read a seeend and third times
· 3
TWENTZ-FIFTE MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
August 12, 1991
Council met on Monday, August 12th, 1991, at 4:30 p.m., in Committee of the
Whole. All members of Council, with the exception of Alderman Cowan, and
Alderman Janvary who was absent due to illness in the family, were present.
Alderman Ca~nphell presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
SPECIAL MEETING
Committee Room #2
August 12, 1991
council met on Monday, August 12th, 1991, at 6:30 p.m., for the purpose of
meeting with Image Consultants. All members of Council, with the exception of
Alderman Cowan, and Alderman Janvary who was absent due illness in the family,
were present. His Worship Mayor Smeaton presided as Chairman.
KENNETH CAPEAN & ASSOCIATES LIMITED - IMAGE CONSULTANTS -
His Worship Mayor Smeaton advised that members of the firm, Kenneth Caplan
and Associates, Marketing and Image Management Consultants, were in attendance,
and wished to make a presentation to Council. Me referred to the firm's
promotional accomplishments for other Municipalities, the private sector and
community organizations, and discussed the current economic difficulties. Mayor
Smeaton stated that the Consultants had requested and attended meetings with the
Chief Administrative Officer; Amy Bignucolo, chair of the Board, Niagara Falls
Visitor S Convention Bureau; and Robb McLeod, president of the Niagara Falls,
Canada, Visitor & Convention Bureau to discuss the proprosed program.
Mr. Kenneth Caplan introduce Fern Glass, Office Manager, and Antoinette Yuen,
Marketing Representative, who had accompanied him to the meeting. Me reviewed
a written submission on creating a Market-Driven Strategy for Tourism, Economic
Development and Capital Growth. Mr. caplan discussed the Issues of Free Trade,
the G.S.T., the Recession, a more demanding tourist culture and declining tourist
revenues, as well as the creation of a unified identity and image policy for the
city, combining tourjam and economic development.
Mr. Caplan reviewed a Cohesive Action Plan for Tourism and Economic
Development and discussed the Work Plan and Terms of Service. He responded to
questions raised with respect to payment of fees, the City's identity, attitude,
the revitalization process and a single identity.
Amy Bignucolo expressed agreement with the presentation and referred to the
strategy for dollars.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that
approval be given in principle to proceed with the program outlined.
Carried Unanimously.
, · , ·
- 2 -
The Special Meeting was adjourned to the council Chambers for a Planning
Regular Meeting at ?:35 p.m.
READ AND ADOPTED,
TWENTY-SIXTH MEETING
council chambers
August 12, 1991
council met on Monday, August 12th, 1991, at 7:35 p.m., for the purpose of
a planning Meeting and considering regular business. All members of council,
with the exception of Alderman cowan, and Alderman Janvary who was absent due
to illness in the family, were present. His Worship Mayor Smeaton presided as
Chairman. Alderman Shetar offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Craitor asked that the July 22nd, 1991, Minutes, Page 5,
Communication No. 203, Minister of Housing motion be amended to read "that the
communication be referred to the Mayor's Housing Committee for a report'.
ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the
minutes of July 22nd, 1991 be adopted as amended, and the minutes of July 29th,
1991, be adopted as printed. Carried Unanimously.
pRESENTATION
ONTARIO HYDRO -
Mr. Stuart Owen presented a cheque in the amount of $20,000 to the City on
behalf of Ontario Hydro, for the City's participation in the reduced lighting
program. His Worship Mayor Smeaton expressed appreciation on behalf of the
community.
REPORT
MW-91-209 (BANDOUT) Chief Administrative Officer - Re: Niagara Falls
Development Charges Study. The report, which was considered earlier this evening
in Committee of the Whole, recommends the following:
1)
That council authorize Staff to advertise Notice of the Public Meeting on
September 12, 1991, at 5:00 p.m., in the council Chambers, as required by the
Development Charges Act;
2) That Council authorize Staff to meet with the BILD Committee and distribute
summaries of the Development Charges Study;
3) That Council will, at its meeting of September 30, 1991, consider the passage
of a Development Charges By-law for the City of Niagara Falls;
The figures are subject to review and change as a result of the approval
procedure.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the report, as amended te include 'the figures are subject to review and change
as a result of the approval procedure'~ be received and adopted.
carried Unanimously.
PLANNING MEETING
CONFLICTS OF INTEREST
Alderman Campbell declared a conflict of interest on PD-91-115 because his
brother has a business interest.
Alderman Cummings declared a conflict of interest on Report No. F-91-30,
Cheque No. 69697 because his employer is involved; and on Cheque No. 69718
because & member of his family ie employed with the Inn.
-2-
Alderman Bendershot declared a conflict of interest on Report He. F-91-30,
Cheque No. 70069 because he is the payee; and on Cheque No. 69675 because a
member of his family is employed with the company.
Alderman Ninsperger declared a conflict of interest on Report No. F-91-30,
Cheque Nos. 69663, 69664, 69878 and 70156 because a member of his family is
employed with the company; and a conflict of interest on Communication No. 221,
Town of Fort Erie, and No. 222, Bell Canada, because he has a monetary interest
in Bell canada.
Alderman Hopkins declared a conflict of interest on By-law NO. 91-195 because
his employer has a business relationship.
Alderman Sherar declared a conflict of interest on Report No. F-91-30, Cheque
No. 69697 because hie employer is involved.
REPORTS - PLANNING MATTERS
Report No. PD-91-116 - Chief Administrative Officer Re: Zoning By-law
Amendment Application AM-33/90, 800423 Ontario Limited (D. Marinelie), 3780
Welland Street. The report recommends the following:
1)
2)
That council support the amendment to the Zoning By~law to permit the
development of a 3 storey, 48 unit apartment building, which includes a
modification to the provision regulating the maximum building height to permit
a peaked roof;
That the amending by-law be held in abeyance until the applicant satisfies
the requirements of the Chippawa Development Quota;
3)
That approval be granted subject to voluntary compliance with the city's Low
Flow Fixture By-law (By-law 91-143) and subject to Ministry of Environment
concurrence with the development quota;
4) That approval be granted subject to a road widening of 4.88 metres across the
entire Welland Street frontage being dedicated to the City;
That the property be placed under Site Plan Control to address grading,
lighting, landscaping, fencing, etc.; and
6) That the applicant and the Regional Municipality of Niagara be advised
aceordingly.
-AND - ~
Communication No. 211A - Niagara Peninsula Conservation Authority - Re: Rezoning
Application AM-33/90. The communication advises that the Niagara Peninsula
Conservation Authority has no objection.
-AND-
Communication No. 211B -L on Robertson, Chippawa FloodCommlttee ~ Re= AM-33/90
Zoning By-law 79-200. The communication refers to basement flooding in Chippawa
and problems related to this situation, and expresses opposition to the proposed
development at the present time.
Couunication No. 211C - Memo from Director of Buildings & Inspections - Rex
Revised Application AM-33/90, 800423 Ontario Ltd., 3780 Welland Avenue. The memo
states that the Department is not opposed to the further processing of the
application, provided the lands ere placed under Bite Plan Control in order to
address site accessibility and design concerns.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Deputy Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Hosting had been forwarded by first-
class mail on July 12, 1991.
His Worship Mayor Smeaton received indication that Mr. Dante Marinelie and
the applicant were 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 Deputy Director of Planning & Development discussed the eubject lands with
the assistance of posted sketches; and reviewed the following information
contained in Technical Report NO. PD-91-114: Proposal; General Information;
Circulation Comments; Planning Review - including Background, Official Plan, The
Character of Chippawa, Nature of the Zone change, and Servicing; as well as Site
Plan Review.
In response to Mayor Smeaton's request for comments from persons, other than
the applicant, in favour of the proposal, Robert Storey; Jack MoLaren, 3824
Bridgewater Street; and Jim Willlame, Lundy's Lane; expressed satisfaction with
the modified application.
John Rodesakes, 8363 Hears Crescent, and other residents expressed concerns
regarding the application in terms of the size of the building in the residential
neighbourhood, buffer, and peaked roof.
Mr. Marinelie discussed the application for the modified design of a 3 storey,
48 unit apartment building, stating that the current zoning permits a height of
3 storeys or 40'. He stated that the peaked roof design would be more
architecturally pleasing, that the property had no value as a commercial site;
and that appropriate fencing would be addressed through the site plan process.
Mr. Marinelie referred to the studies undertaken in Chippawa with respect to
basement flooding, and stated that he had been advised by the City's Engineering
Department that this development would not have an affect on the existing
flooding problems in Chippawa, would not increase the 'level or frequency Of
basement flooding by the basements having the problem, and no additional
basements being flooded', and further, that "there is a remote chance that there
may be more overflow to the environment". Re asked Council to support the
recommendations of City Staff, with respect to Nee. I and 2, but that #3 should
be amended to read Low Flow Fixture By-law.
The Director of Municipal Works advised that Mr. Marinelie was correct in that
there would be no significant impact on the problem in Chippawa, but that the
recommendation to hold the amending by-law in abeyance until the applicant
satisfies the requirement of the Chippawa Development Quota, should be
maintained. Re expressed the view that corrective measures, with respect to
basement flooding in chippawa, should be in place before the development
proceeded, that the system has a eapacity for dry weather, but that the problem
in Chippawa is wet weather flows getting into the system, and further, that the
system would improve through the development quota system.
Since no further comments were forthcoming, Mayor Smeaton declared the Public
Meeting, with respect to AM-33/90, closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report
be received and adopted. The motion carried with the following vote:
AYE: Aldermen cempbe11, Craitor, Hendershot, Hinsperger, Hopkinst err and Ward.
NAYEt Aldermen Cummings, Puttick and Sherat.
Report No. PD-91-118 - Chief Administrative Officer - Re: Zoning By-law
Amendment Application AM-21/91, A. Sacco, T. Cuviello, P. Larsen, G. McCabe, F.
Maiuri, M. Szezepanski, 8052, 8076-8126 Oakridge Drive. The report recommends
the followingt
1) That Council support the amendment, inclusive of the property known as 8064
Oakridge Drive, to permit the construction of a fence in place of a berm and
landscaped strip along the northerly limits of the Thorold Stone Road
allowance~
- 4-
That the land owners affected by the by-law enter into an agreement respeoting
the construotion and maintenance of the detailed fencing as approvedS
3) That an amending by-law be prepared for enactment at a subsequent Council
meetings and
4) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
-aND-
Comsunication No. 112A - Niagara Peninsula Conservation Authorit~ - Nezoning
Application AM-21/91. The conununication advises that the Niagara Peninsula
Conservation Authority has no objection.
-AND-
Cosmunication No. 112B (I~a~)OUT) - Mrs. M. Xseppon Re: AM-21/99. The
communication expresses concerns regarding fencing, increased noise level from
traffic, and lack of maintenance.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed would be the same as the previous application.
The Deputy Director of Planning & Development read the Affidavit of the clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on July 12, 1991.
His Worship ~ayor Smeaton received indication that Mr. T. Curielie, one of
the applicants, was in attendanceS 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 & Development discussed the subject lands with
the assistance of posted sketchesy and reviewed the following information
contained in Technical Report No. PD-91-108= Proposals General Information$
Circulation Conunents~ Planning Review - including History, Reverse Lot Frontage
Guidelines, Background and Nature of the Zone change.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons, other than the applicant, in fayour of the application.
Mrs. I. Iseppon, 8050 Thorold Stone Road, was in attendance to express
concerns regarding increased noise level from traffic and the lack of grass
cutting in the rear of the subject area.
i
Mr. Cuviello distributed snapshots of the subject lands, stated that the
homeowners had paid for their own fences in this development, that he had owned
six of the lots prior to the develol~nent~ that gates in the fences had been
mandatory, referred to the cost of upSfading the rear yards, and stated that the
uncut grass was on Regional property.
Since no further comments were forthcoming, Mayor Smeaton declared the Public
Meeting, with respect to AM-21/91, closed.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
Repor~ No. FD-gX-II9 chief adainistrative Officer - Rex Zoning By-law
Amendment AM-22/gl, Farr Lumber Ltd., 4425 & 4431 First Avenue. The report
recommends the following,
1) That Council support the amendment to the zoning By-law to permit additional
lands to be used for parking purposes for Farr Lumber and the construction
of an addition to the lumber and building supplies store~
That the by-law include a provision for a landscaped area of 310 sq.m (3,337
sq. ft.) to be provided in the southwest corner of the property~
- 5 -
3) That the property be placed under Site Plan Control;
4) That the amending by-laws be prepared for enactment at a subsequent council
meeting; and
5) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
-aND -
Communication No. 213A - Niagara peninsula Conservation Authority - Rezoning
Application AM-22/91. The communication advises that the Niagara Peninsula
Conservation Authority has no objection.
- AND -
Communication No. 213B - D'Arcy & Debts Wauchope - Re: Application File AM-
22/91) to ~mend the City's Zoning By-law 79-200. The communication encloses
photographs of the subject property indicating disrepair and materials piled
higher than the fence, and requesting improvements to the Farr Lumber property
with respect to upgrading the storage buildings, a privacy fence extension,
restricted height of stored materials, and weed control, and withholding approval
of the application until the improvements are made.
- AND -
Communication No. 213C - MS. Betty Phelps - Re~ AM-22/91. The communication
expresses opposition to the proposed expansion of Farr Lumber in terms of
increased traffic and danger to neighbourhood children, and increased air
pollution from vehicles.
- AND -
Communication No. 213D - MinistxTof the Environment - Re: Application to Amend
the City#s Zoning By-law 79-200, Farr Lumber, 4425 First Avenue. The
communication advises that there is no objection to the application, based on
the intent of the rezoning.
Ris Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed would be the same ae the previous applications.
The Deputy Director of Planning & DeveloL~nent read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on July 12, 1991.
His Worship Mayor Smeaton received indication that the applicant, Mr. Farr
was in attendance, as well as the architect, Brian Watkinson; 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 Deputy Director Of Planning & Development discussed the subject lands with
the assistance of posted sketches~ and reviewed the following information
contained in Technical Report No. PD-91-112= Proposal~ General Information;
Circulation Comments; Plannlng Review - including Background, Nature of the Zone
Change, and Compatibility; and Site Plan Review.
His Worship ~ayor Smeaton received a negative response to his re~uest for
comments from persons, other than the applicant, in fayour of the application.
In response to Mayor Smeaton's request for comments from persons opposed to
the application, D'Arcy and Debra Wauchope, 4370 Second Avenue, expressed their
concerns regarding the condition of the building, property, and referred to the
need for a privacy fence. They expressed further concern that materials were
being piled higher than the fence on Farr Lumber property.
Mr. Watkinson advised Council that the building was being painted, that the
property was being cleaned up, and the garage which straddled the property line
was being partially demolished. He stated that the neighbout on who's property
the other half of the garage was situated would retain use of the remaining half
of the garage and was bsLng permitted access to it via Farr Lumber property.
- 6 -
Mr. Watkinson stated that Mr. Farr was willing to supply lumber for a fence.
Since no further comments were forthcoming, Mayor Smeaton declared the Public
Meeting, with respect to AM-22/91, closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. It was further recommended that the
concerned residents be invited to participate in the site plan process at which
time the proposed fence would be negotiated. Carried Unanimously.
Repor~ No. PD-91-115 Chief Administrative Officer Re: Zoning By-law
Amendment AM-23/91, Congregations of Jehovah's Witnesses, 6457 Montrose Road.
The report recommends that Council not support the application as the proposed
church building and parking area will impact adversely on the area and will
significantly alter the development and future land use on surrounding lands.
- AND -
Communication NO. 214A - Niagara Peninsula Conservation Authority - Rezoning
Application AM-23/91. The communication advises that the Niagara Peninsula
Conservation Authority has no objection.
- AND -
Communication No. 214B - Mary & Leslie Holmes - Re: AM-23/91. The communication
strongly opposes the proposed application because the it would be impossible to
develop property owned by Mr. and Mrs. Holmes.
Communication No. 214C - Regional Niagara Planning & Development Department -
Re: Proposed Zoning By-lawAmendment AM-23/91; Place of Worship, 6457 Mentress
Road. The communication encloses comments from the Regional Public Works
Department indicating that there are no objections to the zoning change,
suggesting that a 10' road widening be dedicated, a site plan be completed
indicating proposed lot drainage, site servicing and detailed entranceway design,
as well as Regional permits to be obtained; and submits comments on watermains,
sanitary sewer and storm sewer.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed would be the same as the previous applications.
The Deputy Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on July 12, 1991.
His Worship Mayor Smeaton received indication that Peter J. Padlay, Architect,
was in attendance on behalf of the applicants; 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 & Development discussed the subject lands with
the assistance of posted sketches; and reviewed the [oilowing information
contained in Technical Report No. PD-91-113: Proposal; General Information;
Circulation Comments; Planning Review - including Background, Official Plan,
Development Potential, Zoning, Site Design, and Land Assembly$ and Site Plan
Control. In reply to questions raised, he stated that the church would be
erecting a wooden privacy fence.
In response to Mayor Smeaton's request for comments from persons, other than
the applicant, in fayour of the application, Ray Spencer 6450 Kendale Court;
Martin collee, 6432 Armstrong Drive~ end other residents expressed agreement with
the proposal. They stated that since the Congregation had taken over the
property was improved.
In reply to questions raised, the Director of Municipal Works advised that
a condition of the development had been a turn-around be provided by the
developer.
- 7 -
Mr. Padley, Architect, advised that concerns of residents had been addressed
in terms of headlights, noise, landscaping, and the closing of Laurentian
Crescent. Me stated that landscaping had been increased to 6 metres and could
accommodate the turn-around; that there was no difficulty with dedication of land
to the City; that attempts had been made to enhance the parking lot; that Kingdom
Hall was a residential type of building with just one storey; that there would
be two meetings during the week which would be finished at 10:00 p.m., and one
on Sunday; and that there would be no bingos because the Hall would be used only
for religious purposes, including wedding and funerals. Mr. Padley explained
thatMrs. Holmes had been approached to purchase her lands, without success; and
that the trees would be left standing where possible. He discussed the meeting
held on May 22, 1991, to address concerns of residents, and suggested that the
Mall would be a 'great contribution to the community in that area".
Since no further comments were forthcoming, Mayor Smeaton declared the Public
Meeting, with respect teAM-23/91, closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that
the report be received and the application approved, subject to site plan
approval with respect to engineering consideration of the turn around, road
dedication and trees. The motion Carried with Alderman Campbell abstaining from
the vote on a conflict of interest previously recorded, and with all others
voting in fayour.
Reper~ No. PD-91-120 - chief Administrative Officer - Re:
Amendment Application IMC-17/91, Jove Bielich. The report
following:
Interim Control
recommends the
1) That Interim control Amendment Application IMC-17/91 be approved, subject to
the conditions of this report;
2) That council adopt the respective by-law appearing on tonight's agenda; and
3) That the applicant dedicate to the City, prior to the issuance Of a building
permit, the necessary road widening dedications along Willoughby Drive and
Marshall Road.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman err, that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-197.
REGULAR ~ETING
DEPUTATIONS
GARBAGE PICK-UP -
Communication No. 215A - A. Bignucolo, Chair of the Board, Niagara Falls, Canada,
Visitor & Convention Bureau. The communication requests permission to address
council.
-AND -
Communication NO. 215B - Technical Committee, Waste Management Committee - Re:
Garbage Pick-up. The communication advises that the following recommendations
are supported by the Niagara Falls Economic Development Agency: community
education, a workable recyclable program, and allowing businesses to put out the
necessary number of bags until a program is in place; recommends the adoption
of the first two recommendations, and for those businesses having a real problem
that Council agree to allow them to put out as many bags as necessary over the
10 bag limit, provided the excess bags contain recyclebias; encourage the
businesses to make application to participate in the credit system; and the
purchase of a truck for recycling.
-AND-
Communication No. 21sc - Niagara Falls Economic Development Agency - Re: Waste
Disposal. The communication requests a ramseasement of the Muni~lpality,s
position with respect to the 10 bag limit for small businesses, to allow more
time to provide education regarding recycling, and to reflect reductions in solid
waste disposal,
- 8 -
-~ND -
Comunication No, 215D (H~NDOUT) - Niagara Falls, Canada, Visitor & Convention
Bureau - Re: Waste Management. The communication acknowledges that the tourist
industry is a great producer of waste material and wishes to comply with a
reduction of waste.
Mrs. Amy Bignucolo reviewed the Handout communication from the Niagara Falls,
canada Visitor & Convention Bureau and advised that small businesses have concern
regarding the amount of waste produced and the affect on the environment.
However, they have difficulty with the waste disposal policy of the City in terms
of the 10 bag limit. She asked the City to consider the following:
1) Educate the business community about recycling and composting through workshop
training in cooperation with the Ministry of the Environment and the Visitor
& Convention Bureau;
2) Introduce the mechanics of a workable recycling composting program for
commercial establishments;
3)
Allow small businesses to put out as many bags as necessary to allow them to
carry on business until a workable system is implemented which will enable
them to reduce waste as so desired by the Sanitation Department.
Mrs. Bignucolo explained the difficulties encountered by people who have
their business and residence at one municipal address, and suggested that a
concession be made for the balance of the year to allow extra bags of garbage,
until the program of recycling and composting is in place. She suggested that
households might have a 5 bag limit allowing for an increase to 15 for
businesses.
, , , , ,
It was moved by Alderman Ward, seconded by Aldenman Hendershot, that approval
be granted to proceed past 11:00 p.m. The motion Carrie~ with the following
vote:
AYE: Aidemen Campbell, traitor, Hendershot, Hinsperger, Hopkins and Ward.
NAYE: Aldermen Cummings, Orr, Puttick and Sherat.
Mrs. Win Valiquette, Lundy's Lane Business Association, requested that the
City change the 10 bag limit policy with respect to a business and residence
being at the same address. Other residents expressed their concerns regarding
this matter.
The Maintenance & Operations Engineer responded ~oquestions raised regarding
the 10 bag limit, and suggested the possible purchase of a truck for recycling
in the near future.
Mr. Henry Mullet, 7046 McMillan Drive, questioned the purchase of another
truck in terms of other Municipalities in the Region, and Regional program.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings that
the three recommendations suggested by the Technical Committee be approved, i.e.,
community education, the introduction of an workable recycling program, and
allowing small businesses to put out the necessary number of bags until a program
is in place, providing the excess bags contain recyclables. It was further
recommended that staff be dlrected to review the matter of duplicate recycling
On commercial properties, with a reduction Of the bag limit per household and
increase per commercial sites. Carried Unanimousiv.
NIAOARA SQUARv' - HOLIDAY OPENINGS -
Comsunication No. 216 - Cameron J. costley, Oeneral Manager, Niagara square -
Re: Holiday Openings. The communication asks permission to address Council
and request a by-law to permit Niagara Square, 7555 Mentress Road, to remain open
on a holiday as defined in the Retail Business Holidays Act.
· 9
- 9 -
Mr. Costley, on behalf of cambridge Shopping, referred to the proposed Factory
Outlet Mall for this community, as well as cross-border shopping, and the
millions of dollars being lost through canadians shopping in the U.S. as well
as decreased tourjam. He requested that Niagara Square be granted the choice
to remain open on Sundays, and asked Council to endorse this request to a future
Council.
ORDERED on the motion of Alderman Orr, seconded by Alderman Bendershot, that
Cambridge Shopping be supported in their application for a Regional By-law
permitting them to remain open on Sundays and Holidays under a Tourist
designation. Carried Unanimously.
COMMUNICATIONS
No. 217 - Regional Niagara Health Services Department - Re: Sicmedical Waste
Disposal. The communication recommends guidelines regarding biomedical waste.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hopkins, that
the communication be tabled to August 26, 1991. carried Unanimously.
No. 218 - Regional Niagara Health Services Department - Re: Smoking in Public
Places. The communication refers to the current status of Municipal by-laws with
regard to smoking in public places, suggests a review of the by-law, presenta-
tions to Council and offers assistance.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
communication be received and filed. Carried Unanimously.
No. 219 - City of Vancouver - Re: Comprehensive Nuclear Weapons Test Ban. The
communication asks Council to support a resolution to the Federal Government to
change its policy and actively support negotiations for a comprehensive nuclear
weapons test ban in every appropriate international forum, including the United
Nations and the Conference on Disarmament.
ORDERED on the motion of Alderman cummings, seconded by Alderman Campbell, that
the request be approved. Carried Unanimously.
No 220 - city of Thorold - Re: Question on the Municipal Ballot Regarding Two
Levels of Government in the Niagara Region. The communication asks Council to
consider a resolution respecting two levels of government.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the question be brought forward to the ballot. Carried Unanimously.
No. 221 - Town of Fort Erie - Re: Telephone Book Recycling. The communication
asks Council to support a resolution requesting Bell Canada to address this
matter, and give consideration to establishing a pick-up and drop-off system.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be referred to the Waste Management Sub committee for review and
recommendation. The motion ~arried with Alderman Hinsperger abstaining from the
vote on a conflict of interest previously recorded, and with all others voting
in favour.
Ne. 222 - Bell canada - Re: Telephone Book Recycling. The communication
attaches a copy of Bell Canada's response to the Town of Fort Erie letter, and
advises of recycling companies and activities of the company.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be referred to the Waste Management Sub Committee for review and
recommendation. The motion carried with Alderman Hinsperger abstaining from the
vote on a conflict of interest previously recorded, and with all others voting
in fayour.
No. 223 - City of Nepean - Re: Air India Flight 182 Disaster. The communication
asks council to support a resolution requesting the Federal Government to
initiate a Royal Commission of Inquiry into the circumstances surrounding the
· 10
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Air India tragedy including recommendations aimed at ensuring that a similar
incident does not re-occur.
ORDERED on the motion of Alderman cummings, seconded by Alderman Rendershot, that
the communication be received and filed. Carried UnanimouslY.
No. 22{ - city of Welland - Re: Applications to Committee of Adjustment. The
communication asks Council to consider a resolution to the Minister of Municipal
Affairs to incorporate a reduced appeal period for applications to the Committee
of Adjustment for consideration of variances to the zoning by-law which are minor
in nature-
ORDERED on the motion of Alderman cummings, seconded by Alderman }lendershot, that
the communication be referred to the Committee of Adjustment for review and
recommendation. Carried UnanimouslY-
No. 225 - Elisabeth Teunis, Run Orgacizer - Re: llth Annual Terry Fox Run.,
September 15, 1991. The communication requests permission to erect a banner on
Stanley Avenue from September 2nd to 15th, 1991, regarding the Annual Run.
Alderman Cummings advised that the First Annual Terry Fox picnic was scheduled
for Saturday, August 17th, 1991, at the piremen's Park, and invited everyone to
attend-
ORDERED on the motion of Alderman Henderehot, seconded by Alderman craitor, that
the requeet be approved. Carried UnanimouslY-
No. 226 - City of Kitchaser - Re: Municipal/Provincia~ Working session on By-
law Enforcement- The communication invites the Municipality to a .day-long
seminar" of Municipal enforcement issues, on Thursday, October 3, 1991.
ORDERED on the motion of Alderman }lopkiss, seconded by Alderman Craitor, that
the communication be received and filed. carried UnanimouslY.
NO. 227 - Mayor Smeatun - Re: Convention Centre. The communication suggests
the formation of a steering committee of council, the private sector, the EDA
and Chamber of Commerce, to evaluate the matter with respect to a study.
ORDERED on the motion of Alderman Cummings, seconded by Alderman }lendershot, that
the suggestion be approved. Carried UnanimouslY-
We. 22s - Leebach Literacy of Canada - Re: 'Literacy Day'. The communication
asks council to recognize Sunday, September 8th, 1991, as -Literacy Day in
Niagara Falls'.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
request be approved. Carried Unanimously-
REPORTS
B-91-53 - Chief As'inletretire Officer - Re: The Buildings & Inspections
Department Report for July 1991. The report provides information regarding
Permits Issued and Highlights for July 1991, as well ae August proposals, and
recommends that this report be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the report be received and adopted. carried UnanimouslY.
B-91-5O - Chief Administrative Officer - Re: site Plan Approval, proposed Used
Car Lot & Automotive Care centre; Southwest Corner of Valleyway and Bucklay
Avenue; AM-33/89, Site Plan Control 91-11. The report recommends that the
Council approve the SIte Plan(s) on display at tonight's meeting, being a
proposed used oar lot and automotive care centre, and the Site Plan being drawing
}lumber SP-1, and filed with the Buildings and Inspections Department of the City
of Niagara Falls on August 6th, 1991, and that such approval be subject to the
conditions outlined in the report.
Mr. greg Newton, the owner, advised that he would be willing to plant trees,
but that the property was covered with asphalt.
· . 11
- 11 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot,
that the report be received and adopted. It was further recommended that the
matter of tree plantinge on the property be referred to Staff for negotiation
and report. Carried Unanimously.
R-91-32 - Chief Administrative officer - Re: corporate Sponsorship Policy. The
report recommends that the corporate sponsorship policy attached to this report
be approved by Council.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the
report be received and adopted. Carried Unanimously.
MW-91-205 - Chief Administrative officer Re: By-law to Authorize the
Reconstruction on: Valley Way from approximately Huron Street to Victoria Avenue
and Queen street from Buckley Avenue to Victoria Avenue. The report recommends
the following:
1) 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 work;
2) That, subject to there being no valid objections, the by-law appearing on
tonight's agenda be given three readings and passed by Council.
ORDERED on the motion of Alderman err, seconded by Alderman craitor, that the
report be received and adopted. Carried Unanlmouslv.
See By-law No. 91-192.
MW-91-206 - Municipal Works COmmittee - Re: Committee Reports: The report
recommends the following:
1) MW-91-195 - Mewburn Road/C.N.R. Bridge Advisory LOad Restriction -
File G-190-8 -
It is recommended that this report be received for the information of Council.
2) MW-91-197 - January - June 1991 COnstruction Status Report -
It ie recommended that the construction status reports be received for the
information of Council.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherar; that the
report be received and adopted. Carried Unanimously.
MW-91-207 - Municipal Works Committee - Re: Committee Report: Sidewalk on
Portage Road - Arthur Street to Valley Way. The report recommends that a
sidewalk be constructed on the east side of Portage Road from Arthur Street to
Valley Way, with the section of sidewalk from the Senior Citizens Apartments to
the existing sidewalk at Valley Way being curb-face sidewalk in order to match
into the existing boulevard slopes.
ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report
be received and adopted. Carried Unanimously.
MW-gl-213 - Chief Administrative Officer - Rez Gateway Design at Valleyway and
Victoria Avenue. The report recommends that the Mayor and clerk be authorized
to execute the Consulting Services Agreement with the firm of chapman, Murray
Associates Architects Inc., in the amount of $6,600.00 for the design and site
su~ervision of the Valleyway-Victoria Avenue careway Structure.
ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report
be received and adopted. carried Unanimously.
- 12 -
MW-91-214 - Chief Administrative Officer - Re: contract # 91-111, Reconstruction
and Storm Sewers on Stamford Green Drive, Linden Avenue, Brock Street and St.
the unit prices submitted by the low
patrick Avenue- The report recommends that amount of $1,054,901-90 be accepted
tendeter, Voleci Construction Ltd., in the
and that the contract be awarded to this firm.
ORDERED on the motion of Alderman cummings, seconded by Alderman Shetar, that
the report be received and adopted- Carried Unanimous1 ·
See Resolution No. 40.
~ee BV-law No. 91-193.
MW-91-215 - Chief Administrative Officer - Re: Engineering Design Services
Westmeadow II Subdivision. The report recommends the following:
1) That Council authorize Staff to enter into an Engineering Agreement with the
firm of Kerry T. Howe, for the design of services in the Westmeadow I1
Subdivision;
2) That the above agreement has an upset limit cost of $S6,496.00S
3) That the above fee to be split between the Developer and the City. The
Developer,s share is estimated at $39,547.00 and the City's share is estimated
at $16,949.00-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted- Carried UnanimouslY.
MW-91-216 - Municipal Works COmmittee - Committee Report: Chlppawa Community
Sewer infrastructure Needs program - Draft Final Report. The report recommends
the following:
1) That this report and the accompanying Chippawa I.N.P. Draft Final Report be
received and input be provided by Municipal Council;
2) That the remedial action initiative alternatives outlined in the report be
considered for inclusion into a proposed -Remedial Measures Action program"
for the Chippawa Community;
3) That consideration be given to establishing a ,Development Quota' in the
chippawa Community that would permit development to proceed only upon the
condition that there is a net improvement to the system of 6 littea of
extraneous flow removed for every I litre of raw sewage generated by the
development or redevelopment project;
4) That the net improvement be verified prior to development proceeding through
an Annual Sewer Flow Monitoring Program;
5) That until a comprehensive .Remedial Measures Action program' is finalized,
development proposals which are considered in the interim, be permit~ed to
proceed upon condition that they comply with the 6=1 extraneous flow removal
quotas and
6} That staff refer all development proposals within the Chlppawa areato Council
for approval, under the Quota System.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried UnanimouslY.
MW-91-217 - Municipal Works Co~mittee - Re~ Committee Report~ Maintenance of
8hrtner's Creek Storm Water Management Reservoirs and Dykes. The report
recommends that the City agree to contribute 45% funding of the major repair and
maintenance works to be carried out in 1991 by the Niagara peninsula conservation
Authority on the Shriner's Creek storm water management facilities.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
report be received and adopted. carried UnanimouslY.
13
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F-91-29 - Finance committee - Re: committee Reports. The report recommends the
following:
1) FC-91-15, Tax Balances at June 30, 1991 -
It is recommended that council approve the recommendation.
2) Statement of Revenue and Expenditure -
It is recommended that Council receive the report for informational purposes.
3) Requests for Fundingz ability Fund Canada; & Christian Children's Fund of
Canada -
It is recommended that Council receive the report for informational purposes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that
the report be received and adopted. Carried Unanimously.
F-91-30 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $7,3S9,623.00 for the period ending August
12th, 1991, be approved by the passing of the by-laws appearing later on the
agenda.
Additional information was provided on Cheque Nos. 69778, 70085, 70149, and
70294S and further information was requested on Cheque No. 70358.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherar, that
the report be received and adopted. The motion carried with Aldermen Cummings,
Hendershot, Hinsperger and Sherar abstaining from the vote on conflicts of
interest, on cheque numbers recorded previously.
see By-law No. 91-198,
No. 91-199 & No. 91-200.
8-91-27 - Chief Administrative Officer - Re= Resale of Part of Lots 53 & 54,
Registered Plan 243 designated as Part 2 on Reference Plan 59R-4981, Falls
Industrial Park - 6045 ,Progress Street. The report recommends that Council
approve the request of a transfer of 6045 Progress Street to Linetech Equipment
Inc.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-196.
CD-91-55 - Chief Administrative Officer - Re: Special Occasion Permit, Royal
canadian 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 this report.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman cummings, that
the report be received and adopted. Carried Unanimously..
RESOLUTIONS
No. 39 - CU~MXNG8 - BENDERSHOT - RESOLVED that pursuant to the Public
Transportation and Highway Improvement Act, the council of the Corporation of
the City of Niagara Falls hereby requests a supplementary allocation of subsidy
monies for the year 1991, for Traffic Signalization work, in the amount of
$32,100.00S AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 40 - CUMMINGS - 8HERaR - RESOLVED that the unit prices submitted by the low
tendeter, Volsoi Construction Ltd., in the amount of $1,054,901.90, be accepted
and that the contract be awarded to this firm; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
· 14
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By-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No. 91-192 - A by-law to authorize road reconstruction of Queen Street from
Buckley Avenue to Victoria Avenue and Valley Way from approximately
Huron Street to Victoria Avenue.
No. 91-X93 - A by-law to authorize the execution of an agreement with Volsci
Construction Co. Inc. for underground services, road reconstruction
and storm sewer installation.
No. 91-~94 - A by-law to authorize the execution of an agreement with E.S. FOX
Limited for a condenser replacement at the Niagara South Arena.
No. 91-195 - A by-law to authorize the execution of an agreement with 842720
Ontario Ltd. and others respecting the proposed Walnut Grove Estates
condominium Subdivision.
No. 91-196 - A by-law to authorize the resale of land in the Falls Industrial
Park to Linetech Equipment Inc.
Ne. 91-197 - A by-law to amend By-law No. 90-329, as amended. (IMC 17/91, a-
Bielich).
No. 91-198 - A by-law to provide monies for general purposes.
July 29, 1991).
No. 91-199 - A by-law to provide monies for general purposes.
August 5, 1991).
($731,115.78 -
($716,619.96 -
No. 91-200 - A by-law to provide monies for general purposes. ($5,911,887.29 -
August 12, 1991).
The motion Carried with Alderman Hopkins abstaining from the vote on By-law No.
91-195 On a conflict of interest previously recorded; with Aldermen Cummings,
Hendershot, Hinsperger and Sherat abstaining from the vote on By-law No. 91-200,
on conflicts of interest previously recorded under Report No. F-91-30; and with
all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the
following by-laws be now read a second and third time~
Ne. 91-192 - A by-law to authorize road reconstruction of Queen Street from
Buckley Avenue to Victoria Avenue and Valley Way from approximately
Huron Street to Victoria Avenue.
Ne. 91-193 - A by-law to authorize the execution of an agreement with Volsci
construction co. Inc. for underground services, road reconstruotion
and storm sewer installation.
No. 91-194 - A by-law to authorize the execution of an agreement with E.S. Fox
Limited for a condenser replacement at the Niagara South Arena.
No. 91-195 - A by-law to authorize the execution of an agreement with 842720
Ontario Ltd. and others respecting the proposed Walnut Grove Estates
Condominium Subdivision.
No. 91-196 - A b~-law to authorize the resale of land in the Falls Industrial
Park tc Linetech Equipment Inc.
No. 91-197 - A by-law to amend By-law No. 90-329, as amended. (IMC 17/91, J.
Bielich).
- 16 -
No. 91-198 - A by-law to provide monies for general purposes. ($731,115.75 -
July 29, 1991).
No. 91-199 - A by-law to provide monies for general purposes. ($716,619.96
August 5, 1991).
No. 91-200 - A by-law to provide monies for general purposes. ($5,911,887.29 -
August 12, 1991).
The motion Carried with Alderman Hopkins abstaining from the vote on By-law No.
91-195 on a conflict of interest previously recorded; with Aldermen Cummings,
Bendershot, Binsperger and Sherar abstaining from the vote on By-law No. 91-200,
on conflicts of interest previously recorded; and with all others voting in
favour.
NEW BUSINESS
ABe Cenference Attendance:
Alderman Hopkins referred to the upcoming AMO Conference and a previous
discussion in the Finance Committee regarding attendance at the Conference.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that
Council authorize an expenditure not exceeding $500.00 for attendance of Mayor
Smeaton and three Aldermen at the Association of Municipalities of Ontario
Conference, in order to extend an invitation to hold the next AMO conference in
Niagara Falls. carried Unanimously.
It was moved by Alderman err, seconded by Alderman Cummings, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
TWENTY-SEVENTH MEETING
Committee Room #2
August 26, 1991
council met on Monday, August 26th, 1991, at 7:10 p.m., in Committee of the
Whole. All members of Council, with the exception of Alderman Janvary who was
absent due to illness in the family, were present. Alderman craitor presided
as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND AD D,
PLANNING MEETING
council met on Mondayt August 26, 1991 at 7:35 p.m., for the purpose Of a
Planning Meeting and considering regular business. All members of council, with
the exception of Alderman Janvary who was absent due to illness in the family,
were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cowan
offered the Opening Prayer.
Prior to Council, His Worship Mayor smeaton and members of Council attended
a ribbon cutting ceremony and were presented with a Certificate of Recognition
for participation in community programming by Maclean Hunter Cable T.V.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman err, seconded by Alderman Hendershot, that
the minutes of the Special Meeting of August 12, 1991, and the minutes of the
Regular Meeting of August 12, 1991, be adopted as printed. Carried Unanimously.
PRESENTATIONS
His WOrship Mayor Smeaton congratulated and presented an Achievement Award
to Kevin Crawford on his life saving act, which involved a car carrying four
women that went off the Queen Elizabeth Highway and landed upside down in the
Lyons creek, trapping one of the women under water. Keyin entered the muddy water
and with assistance turned the vehicle on its side which allowed him to enter
the vehicle and pull the woman free from the oar.
His Worship Mayor Smeaton presented a brief profile on Steve Germsin, who was
unable to attend council, on having aided a child in the water in distress. Steve
responded to the young girl's cries for help by entering the water, swimming out
an estimated 25 feet and guiding the young girl safely to shore. His Worship
Mayor Smeaton noted that Mr. Getmain will be receiving hie Achievement Award at
a later date.
His Worship Mayor Smeaton presented an Achievement Plaque to Mr. Gord Histrop
for becoming the 1991 olympic Trap Open Champion for Ontario.
His Worship Mayor Smeaton congratulated and presented Mr. Howard Watson with
a Certificate of Resognition for Certified Road Supervisort Intermediate.
· 2
Elizabeth Teunie, Chairperson, for the Terry Fox Association, made a
presentation to the par~s and Recreation Department on behalf of the Association,
in appreciation of their participation in the Terry Fox Association- Miss Teunis
extended an invitation to Mayor Smeaton, members of Council and the general
public to attend the Terry Fox Run on September 15th, 1991 at I o'clock-
CONFLICTS OF INTEREST
Alderman Nendershot declared a conflict Of interest on Report Me. F-91-31,
Cheque No. 70411, because he is the payee.
Alderman MinBperger declared a conflict of interest on Report No. p-91-31,
Cheque Nee. 70395, ~0396, 70572, and 70599, because a family member is employed
by ~e organization-
Alderman ~am~be11 declared a conflict of interest on Item No. 91-61, because
his parents are members of ,a group opposed to Walker Brothers expansion
application.
Alderman Hopkins declared a conflict Of interest on Report We. CD-91-51,
because employer has a business relationshiP-
REPORT- pLANNING MATTERS
pD-gl-122 - Chief Administrative Officer - Re: Zoning Amendment AM-25/87,
Regional policy Plan Amendment 44, License Application - Aggregates Act Lakes
& Rivers improvement Act Application Walker Brother Quarries Ltd. The report
recommends the following:
1~ That Council approve the proposed zoning amendment to fezone lands owned by
Walker Brother Quarries Ltd. from Agricultural {A} and Hazard Land (ML) to
Extractive Industrial (EI) and Hazard Land (HL). It is further recommended
that the amending by-law stipulate that no processing operations be permitted
on the lands, that setbacks from the excavation areas be maintained in
accordance with the site plan prepared by the proctor S Redfern Group, dated
September, 1989 (updated July 1991) which is to be further revised to reflect
the requested 3.0m road widening along Beechwood and Garner Roads, ae well
as the requested 150m setback at the southwest corner of Mountain Road and
Garner Road;
2) That Council, as a co~4nenting agent, advise t~e Regional Municipality of
Niagara that it supports the approval of Regional policy plan Amendment No.
44, to expand the possible Aggregate Area, aB proposed. In addition, it is
recentended that the existing possible Aggregate Area southeast of the Trans
canada pipeline be removed as a possible Aggregate Area;
3) That council, as a commenting agency, advise the Ministry Of Natural Resources
Of the followings
(a) the City of Niagara Palls has no objections to the proposed Lakes and
Rivers improvement Act application with regard to the creek diversion,
subject to the satisfaction of the Ministry of Natural Reeourcee~ Niagara
peninsula conservation Authority and Department of Fishcries & Oceans
with all aspects of the Greek design.
(b) the City of Niagara Falls requests that the license conditions, attached
as Appendix It be incorporated as part of the liGense approval under The
A~gre~ates Act for the proposed quarry.
- 3 -
- AND -
Communication No. 229A - Niagara Escarpment Commission - Re: Proposed Zoning By-
law, AM-25/87. The communication advises that the Niagara Escarpment commission
has no objection to the proposed zoning by-law amendments to permit quarry
expansion provided a 150m setback from Mountain Road ie established.
- AND -
Communication No. 229B D. Aello Re: Walker Brothers Quarries. The
communication requests permission to address Council regarding Walker Brothers
application, on August 26, 1991.
- ]&ND -
Communication No. 229C - Regional Niagara Planning And Development Department -
Re: Proposed Zoning By-lawAmendment (AM-25/87) Walker Brothers Quarry Expansion
South of Mountain Road, east and west of Beechwood Road. The communication
states the department is in the process of preparing a recommendation report
concerning the Regional Policy plan Amendment and the application for a license,
which will be presented to the Regional Planning Services Committee on September
11, 1991. Subsequently, the department will provide final comments with respect
to the proposed zoning By-law Amendment.
-AND -
Communication No. 229D - Transcanada PipeLines - Re: Amendment to City's Zoning
By-law ApplicationAM-25/87. The communication states that TransCanada PipeLines
have no objection to the zoning amendment, provided that certain conditions be
incorporated into the zoning amendment.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on July 26, 1991, along with Notices being published in the Niagara
Falls Review and the St. Catharines Standard.
His Worship Mayor Smeaton received indication that Mr. Bohdan S. Onyschuk,
Solicitor for the applicant was in attendance, along with Mr. J. Haggerty,
Agrologist and Mr. R. Pleuman; 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 Manager of Policy Planning discussed the subject lands with the assistance
of posted sketches; and reviewed the following information contained in Technical
Report No. PD-91-117: Proposal; Zoning & Surrounding Land Use; History of
Proposed Quarry Expansion; Local Official Plan.
The Planner of Policy Planning discussed the subject lands with the assistance
of p~eted sketches; and reviewed the following information contained in Technical
Report Me. PD-91-117; Environmental impact on woodlots, the impact on creek
diversion; compatibility impacts regarding noise generated from the quarry, dust
emissions, blasting and ground vibration impact; extensive use of landscape
screening; the effect on ground water quality and quantity of water wells in
the area; design elements to accommodate fish habitats.
The Director of Planning and Development in reply to queetions raised, advised
that drawdown impacts from thequarry operation could impact on the water quality
or quantity in the area, it would be part of the licensing conditions that Walker
Brothers be responsible for replacing such water supplies.
His Worship Mayor 8meaton received a negative response to his request for
comments from persons, other than the applicant, in support of the application.
In response to Mayor Smeaton'e request for comments from persons opposed to
the application, Mr. Hans De Meel, 3306 Garner Road, Mr. D. Aello, Aello Acres,
Mr. R. Sanderson, 3720 Garner Road, Mr- John Bakkar, (pALS), and Mr. G. Maloney,
3460 Garner Road, expressed the following concernat noise levels, truck traffic,
dustpollution, commercial signs, vibrations from blasting, property devaluation,
loss of peaceful lifestyle, the impact of blasting on residences, sociological
impacts, no compensation for the loss of enjoyment of their properties,
infringement of basic rights, stress on residents in the area, lo86 of good
agricultural land, quarry eventually being used aea dump site.
Mr. K. Paul Holmes, 3274 Garner Road, expressed concern on behalf of the
residents of Garner Road on the following items, noise levels, blasting, dust
problems, encroachment o~ the quarry operation- Me felt that the residents of
Garner Road do not wish to have a large, noisy, dirty, dusty, earth-shaking rock
quarry for a new neighbout.
Mr. Richard Zeliznak, 1005 Old Thorold Stone Road, expressed concern regarding
haulage routes to Walker Brothers Quarries, serious overturns of trucks in the
vicinity due to the flow of traffic. Mr. Zeliznak also recommended that Old
Thorold Stone Road be closed completely, and that Davis Road be used as a haulage
route.
Miss Jean Grandoni expressed her concerns regarding soil mapping information,
and referred to information provided by the Ecological Services for planning and
the Ontario Institute of Pedology to the Ministry of Agriculture and Food. Miss
Grandoni questioned the accuracy of the map depicting soil capabilities on the
subject property.
Mr. Onyschuk, Legal council for the applicant, stated the applicants have
conducted studies for the past three years, regarding every issue that was to
be dealt with; also that the need for aggregate is fundamental to this city and
to the Region, Walker Brothers supply approximately 30% to the Region and 70%
to Niagara Falls.
Miss Jean Grandonl questioned the percentage of rock being shipped to the
United States, and expressed her concerns regarding the impact of creek diversion
to the surrounding climate in the area.
Mr. Onyschuk responded to the various concerns raised by the residents of the
area. He stated that Walker Brothers guarantee to provide compensation te the
residents, should the water supplles be affected. Mr. Onyschuk advised that
strict conditions are enforced by the Ministry of the Environment and the
Ministry of Natural Resources regarding blasting, well interference, noise and
dust emissions- Mr. Onyschuk stated that a two-phase licensing approach would
not be recommended, as trees need to mature in landscaping area #2 and Garner
Road, also the proposed landscaping plan complements the creek diversion deeign
and he felt licensing should be endorsed in whole. Mr- Onyschuk also responded
requestions on the feasibility of the site being used as s future landfill site
and noted the applicant has no intention, at this time, for such a use, but, if
tests proved that it could be an acceptable landfill site, it would be something
to be looked at in the future.
It was moved by Alderman Nard, seconded by Alderman Sherat, that approval be
granted to proceed past 11:00 p.m. for Planning Matters. Carried UnanimouslY.
, · · · ,
The city Solicitor responded to questions regarding City obtaining own
consultants to review the re~ort, and stated that it would be at a considerable
coat to the CLty obtain the services of such consultants.
His Worship Mayor Smeaton requested that any new items pertaining to the
application be presented. Since no further comments were forthcoming,
Worship Mayor Smeaton declared the Public Meeting with respect to AM-25/87,
cloeed.
ORDERED on the motion of Alderman cummings, seconded by Alderman err that the
application be denied. It was requested that a recorded vote be taken. The
motion carried wlth Alderman Campbell abstaining from the vote on a conflict of
interest previously recorded and with the following vote:
Alderman Cowan A~E
Alderman Craitor AYE
Alderman Cummings AYE
Alderman Henderehot AY~
Alderman err AYE
Mayor Smeaton AYE
Alderman Minsperger NAYE
Alderman Hopkins NAYE
Alderman Puttick NAYE
Alderman Sherar NAYE
Alderman Ward NAYE
His Worship Mayor Smeaton declared a 10~minute adjournment at 11:50 p.m.
Following the recess, Council reconvened at 12:00 midnight for the balance of
the meeting.
MISCELIJUNEOUS PLANNING MATTSRS
Report No. CD-91-51 - Chief Administrative Officer - Re: Proposed Plan of
Condominium subdivision - 'Industrial Mall'} File No. 26-CD-91009(1)} 766357
Ontario Inc. (John Kendall, President}. The report recommends that the City
Clerk be authorized to process the Application for the Industrial Mall
Condominium Subdivision and that a Report be prepared for council's further
consideration of this Plan based on technical information received, public input.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
REGULAR MEETING
DEPUTATIONS
Severance ADVlicatien -
COmmunication No. 230 - Sinclair, crews, Solicitors for Mile and Mila grkljus -
Re: Severance Application. The communication requests council's support for the
application for severance.
COmmunication No. 231 - dated Januar~ 13, 1989, Planning & Development Department
Re: Consent Application B-42/89, Mile and Milks Krkljus, Pt. Lot 15, Concession
1. The communication states the Building & Inspections, Planning & Development
and Municipal Works Departments of the City of Niagara Falls have reviewed the
consent application and recommend the Land Division committee refuse consent
Application B-42/89.
Mr. Brian Sinclair addressed Council on behalf of the applicant for support
of the application.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that
the request he approved and the application be supported. The motionSwith
the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Cummingss Hendershot, Hinsperger, err,
puttick, sherat, and Ward.
NAYE: Alderman Hopkins.
Request for Easement - Overhead WalkwRy -
Report CD-91-S7- Chief Administrative Officer - Re: Orsini Brae., Request for
Easement Overhead Walkway. The report recommends that the attached
co~munications be received for the information and consideration of Council.
Mr. Peter pasquet expressed his concern regarding the proposed overhead
walkway and stated that he felt that the walkway would not be an attractive
addition, there was no wheelchair access, and no parking on either side of the
street. Mr. pasquet stated that his main concern was that there should be a ramp
for wheelchair access.
ORDERED on the motion of Alderman Cummings, eeconded by Alderman Hinsperger that
the request be supported- Carried UnanimouslY.
Water service -
C~w~unicaticn Ne. 232 - Mr. L~reaso Siciliene- Re: Water Servioe Dispute. The
communication states that Mr. siclliano wishes to address Ceuncil regarding his
Water Bill.
His Worship Mayor Smeaton advised that Mr. siciliano will be addressing the
Finance Committee regarding this matter.
Taxation - Penalty Policy -
Alderman Wayne campbell presented a petition on behalf of Ms. Weedy Macklem
regarding the City's Penalty Policy on Taxation. The petition was referred to
Finance staff-
COMMUNICATIONS
coamunication Me. 233 - LindF Mazsarella, Ontario Sales Administration Manager,
Brights - Re: Grape & Wine Festival# September 13, 14, 20 & 21, 1991. The
communication requests permission to hang banners advertising the events.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
request be approved subject to the approval of other agencies. Carried
Unanimously.
REPORTS
Report No. B-91-58, Chief Administrative Officer - Re: Site Plan Approval -
Bridgewater Street. The report recommends that council approve the site plan(e}
on display at tonight#s meeting, being a proposed retirement home and the Site
Plan being drawing number 1, and filed with the Buildings and Inspections
Department of the City of Niagara Falls on August 19, 1991 and that such approval
be subject to the following conditions:
a) That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the City) the
following facilities and works shown on the said site plan(e).
Two access ramp(s) to provide ingress and egress between the
property, Main Street and Bridgewater Street which shall be in the
location and of the width shown on the site plan together with the
curhinge shown on the Site Plan.
18 Off-street parking spaces and the access driveways, all having
dimensions and being in the locations shown on the site plan and
which shall be surfaced with hot mix asphalt or approved equlvalent,
together with all of the curhinge shown on the Site Plan.
Concrete sidewalks of the dimensions and in the locations shown on
the Site Plan.
Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential Or institutional districts or uses and away
from traffic or adjoining roadways.
The fence, trees, shrubs and other landscaping of the types and in
the locations shown on the Site Plan to be constructed.
The facilities for the storage of garbage and other waste material
in the location shown on the site plan, which shall be surfaced with
concrete or equivalent to be constructed.
Such grading or alterations in elevation as shall be necessary to
provide the elevations on the Site Plan together with all of the
facilities and works for the disposal of storm, surface and waste
water shown on the Site Plan.
That the developer agrees to comply with thequota requirements for
off-site extraneous flow reduction works in accordance with the
city's "Extraneous Flow Reduction Action Plan for the Chippaws
Community'.
That the above mentioned off-site remedial works be carried out
prior to completion of the building super-structure (i.e.
drywalling).
That this site plan be required to install 12 litre low flush
toilets (if the building permit is issued prior to the phasing-in
date specified in city's Low Flow Fixture By-law),
b} that the owner be required to maintain to the satisfaction of the City and
at the sole risk and expense of the owner the facilities or works mentioned
in paragraphs 1,2,3,4,5,6,7,8,9 and 10 of clause (a) above, including the
removal of snow from access ramps and drivewayn, parking and loading areas
and walkways.
c) and further that the owner be required to enter into a site plan agreement
with the City dealing with the facilities, works and matters enumerated above.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell that
the report be received and adopted. Carried Unanimously.
Verbal Report- City sellcitor - Re: NU-Age Enterprises Limited construction Lien
- Lewis Avenue/McUrail Avenue. The report recommends that the firm of Martin,
Steppard, Fraser be retained to act on behalf of the City and file a Statement
Of Defence and to take all steps as may be necessary to protect the City's
interest in the action between Nu-Age Enterprises Limited re. Master Paving &
Construction (Niagara Fallsl Ltd. and The Corporation of the City of Niagara
Falls. The City Solicitor advised that the recommendation should be that the
City consent to the action being dismissed without costs, ae had been approved
in committee of the Whole earlier this evening·
ORDERED on the motion of Alderman Ward, seconded by Alderman err that the
recommendation be received and adopted. Carried UnanimoUSly.
- 8 -
Ee~M)rt BR-gX-2I - Chief Adminimtrativ$ Officer - Re: School Crossing Guards Wags
Increase - The report recommends that the rate of pay for School crossing Guards
for the 199~-1992 school year be increased from $7.35 to $7.74 per hour effective
September 3, 1991. That the rate of pay for School Crossing Guards for the 1992-
1993 school year be increased from $7.74 to $8.13 per hour effective September
8, 1992.
ORDERED on the motion of Alderman err, seconded by Alderman Binsperger, that the
report be received and adopted. Carried UnanimouslY-
Relx~rtMWgl-230 - Chief Administrative Officer - Re: St. Patrick School Request
for School Crossing Guard. The report recommends the followingz
1} That a School Crossing Guard not be implemented at the intersection of First
Avenue and Maple Street~
2} That Crosewalks should not be painted at the intersection of First Avenue and
Maple Street;
3} That a Crosswalk should be painted on First Avenue at the St. patrick School
gate access$
4) That the necessary 'School Area Ahead' signs be replaced.
ORDERED on the motion of A~derman puttick, seconded by Alderman Cummings that
the report be Tabled for further information- The motion Carried with the
following vote:
AYE: Aldermen Campbell, cowan, Craitor, cummings, Hendershot, Hinsperger, err,
Puttick, Sherat, and Ward.
NAYS: Alderman Hopkins.
Report MW91-231 - Chief Administrative Officer - Re: Request to Place Waste
Container on Public property at Elgin Block, Queen Street. The report recommends
that the request to place a waste container on public property at the Elgin Block
be granted subject to site specific details and an agreement being negotiated
between staff and the property owner.
ORDERED on the motion of Alderman err, seconded by Alderman Ward that the report
be received and adopted. CarLied UnanimouslY.
Report MW91-180 - Chief Administrative Officer - Re: Ferguson Street Traffic
Operations Request for All Way Stop Controls. The report recommends that All
Way Stop Controls are not installed at any intersection along Ferguson Street-
ORDERED on the motion of Alderman Craitor, seconded by Alderman cummings, that
4-way stops be installed at two locations for a 6-month trial basis- The motion
carrie____~dwith Alderman err abstaining from the vote on a conflict of intereet~
because a family member is involved, and with all others voting in fayour.
Report F-91-31 - Chief Administrative officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $1,538,716.26 for the period ending
August 26, 1991, be approved by the passing of the by-laws appearing later on
the agenda.
Additional information was provide~ on Cheque Non. 70411, 70395, 70396, 70572,
and 70599.
ORDERED on the motion of Alderman puttick, seconded by Alderman Hopkins, that
the report be received end adopted. The m0tion~with Aldermen Hendershot,
and Hinsperger abstaining from the vote on con~l£cts of .interest, on cheque
numbers recorded previously.
- 9
, , , , ,
It was moved by Alderman Puttick, seconded by Alderman Bendershot, that the
meeting adjourn, and that council reconvene on Tuesday, September 3, 1991 to
consider matters not completed. carried Unanimously.
M~ ~D ~OPTED,
MAYOR WILLI~4~. SMEATON
TWENTY-EIGHTH MEETING
Committee Room #1
September 3, 1991
Council met on Tuesday, September 3rd 1991, at 4:30 p.m., in Committee Of
the Whole. All members of Council, with the exception of Alderman Ward who was
out of town, were present. Alderman Hopkins presided as Chairman.
Following consideration Of the items presented, the Committee of the Whole
arose to report in open session.
CONTINUED MEETING
Council reconvened on Tuesday, September 3rd, 1991, at 5:10 p.m., for the
purpose of considering the balance of items remaining from the unfinished meeting
of August 26th, 1991. All members of Council, with the exception of Alderman
Ward who was out of town, were present. His Worship Mayor Smeaton presided as
Chairman. Mayor Smeaton lead the Opening Prayer.
WELCOME
His Worship Mayor Smeaton welcomed the return of Alderman Janvary to the
Council meetings. He advised that Mr. Janvary had received a heart transplant,
was now home and progressing well.
CONFLICTS OF INTEREST
Alderman Hendershet declared a conflict of interest on Report No. HR-91-18
United Way Incentive Program for Civic Employees, because a member of his family
has an interest.
Alderman Janvary declared a conflict of interest on Report No. F-91-31,
Municipal Accounts, cheque No. 70413, which was considered at the beginning of
the meeting held August 26th, 1991, because a member of her family has a business
interest.
4
UNFINISHED BUSINESS
Repor~ Me. CD-91-56 - chief Administrative Officer - Re: Use of Composite
Ballots in Municipal Elections. The report recommends that Council pass the by-
law on this evening's ageride authorizing the use of Composite Ballots at
Municipal Elections held in the city of Niagara Falls.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report be received and adopted, and further, that Council receive a report
on the results on the composite ballots after the elections.
Carried Unanimously,
See E -law No. 91-312.
COMMUNICATION8
Ro. 234 - Regional Niagara Health 8errices Department - Rez Sicmedical Waste
Disposal. The communication recommends guidelines regarding hismedical waste.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hins~erger, that
the communication be received and filed· Carried Unanimo~sly~
-2-
He. 235 - Niagara Falls Big Brothers Inc. - Re: proclamation- The communication
asks Council to proclaim the month of September 1991 as 'Big Brother Month' in
Niagara Falls-
ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the
request be approved subject to established policy- Carried UnanimouslY-
No. 236 - Regional Councillor Msrcel Brunelle, Chaimn, O.T.C. Elected Officials
Committee - Re: Ontario Traffic Conference. The communication advises that a
meeting will be held on Thursday, September 5th, 1991, at 10:00 a.m., in Durham
Regional Headquarters, to discuss resolutions regarding speed limits and traffic
control devices, requesting'comments, and invitinq a Council representative to
participate.
ORDERED on the'motion'of Alderman campbell, seconded by Alderman err, that the
Chairman of the O.T.C. Elected Officials be advised of the concern and opposition
of Council to the resolutions- Carried UnanimouslY.
No. 237 - Meyer Smeetcn - Re: 1991 Association of Municipal Clerks & Treasurers
of Ontario (AMCTO) Conference- The communication recommends that the next
Council invite the AMCTO to hold the 1997 Conference in the City of Niagara
Falls.
ORDERED On the motion of Alderman Hendershot, seconded by Alderman Campbell, that
the communication be received and npproved0 Carried Unanimously-
No. 238 - Jerome N. Sprackman, president, Landawe Shopping Centram Limited -
Re: property Taxes, 5175 Victoria Avenue. The communication refers to the
current recession~ increased costs, and the overwhelming tax burden on business
and individuals, and advises that instructions have been given to pay taxes based
on $1.50 per square foot of leased space.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the communication be referred to the Finance Committee- Carried UnanimouslY.
No. 239 - Allard van Veen, president, pXTCB-XM ONTARIO - Re: 1991 pitch-In Week.
The communication requests active support for the pitch-In Week Program.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that
Mr. van Veen and the Hencurable Ruth Grief be advised of Council'e support and
request for continued funding at the $75,000.00 level. Carried UnanimouslY.
REPORTS
R-91-29 - Chief Administrative Officer - Re: Contract - Niagara Falls Thunder.
The report recommends that the by-law appearing later on this evening's agenda,
to amend the agreement between the City and the Niagara Falls Thunder effective
January let, 1992, be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman craitor, that
the report be received and adopted. The motion~with the f~llowing vote:
AYE: Aldermen Campbell, Cowan, craitor#
Hopkins, Janvary and Sherat.
NAYE~ Aldermen err and Puttick.
Cumminge~ Hendershot, Hlnsperqer,
See By-law Me. ~1-207.
R-91-33 - Chief Administrative Officer - Rez Park Develol~ent Program. The
rel~rt, which was previously approved by the Finance Committee, recommends the
following~
1) That the 10 Year Park Development program be epproved in princlple~
2} That the Perks and Restcaries Department park development procedure be
approved ~
- 3 -
3) That $184,000.00 be transferred from the Public Purposes Levy Account to the
Park Development Account, to commence the 1991 work as outlined in this report
for Crimson, Bambi, Preakness, Carolyn and Mount Carmel Parks.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger,
that the report be received and adopted. Carried Unanimously.
R-91-35 - Chief Administrative Officer - Re: Roving Maintenance Crew Update.
The report provides information regarding the hiring and activities of a two man
roving maintenance crew to enhance the maintenance Of various high volume public
and tourist areas throughout the City, and recommends that the information be
filed for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously~
R-91-36 - Recreation Commission - Re: Crimson Park Report. The report, which
was considered previously by the Finance Committee, recommends that Council
approve the Crimson Park Master Plan dated July 17, 1991.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried UnanimouslX~
R-91-37 - Chief Administrative Officer - Re: Athletic Field Lighting Charges.
The report provides information regarding the current charges for athletic field
lighting at City-owned parks, and recommends that the report be received for the
information of council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimousl~_~
BR-91-18 - Chief Administrative Officer - Re: United Way Incentive Program for
Civic Employees. The report recommends that Council approve two one-week
vacations (5 days each} to be awarded to the winners of the City's 1991 United
Way Incentive Program draws.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. The motion Carried with Alderman Hendershot
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
~R-Sl-20 - chief Administrative Officer - Re: Letter from City of Kitchener.
The report recommends that council endorse a request to the Province of Ontario
to undertake a broad consultation process with allpotentially affected parties
prior to the introduction of any legislation to implement the Employee Wage
Protection Program under the Employment Standards Act.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger~ that
the report be received and adopted. Carried Unanimously.
B-91-$2 - Chief Administrative officer - Rez King Edward Hotel Demelition -
Capital Funding. The report recommends that City Council approve the by-law on
tonight's agenda for the capital expenditure of $200,000.00 and the calling of
tenders for the demolition of the King Edward Hotel.
ORDERED on the motion of Alderman Cummings, seconded by Alderman cowan, that the
report be received and adopted. The motion Carried with the following votes
AYEz Aldermen Campbell~ Cowsn~ traitor,
Hopkins, Janvary, Puttick and Sherat.
NAY~ Alderman err.
cummings#
Henderehot~ Hinsperger~
See By-law No. 91-209.
B-91-55 - chief Administrative Officer - Rex Cash-In-Lieu Agreement between the
COrporation of ~he City of Nlagere Falls & Elizebeth Allen, 4584 Erie Avenue.
The report recommends that Council authorize a cash-in-lieu agreement with
Ellzmbeth Alien. (A by-lew authorizing the agreement will be presented to
Council at the next available meeting.
- 4 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. carried UnanimouslY.
B-91-56 - Chief Administrative Officer - Re: operating Agreement, Low Rise
Rehabilitation Frogram. The report recommends that Council pass the by-law on
tonight's agenda to authorize the operating agreement with the Ministry of
Mousing-
ORDERED On the motion of Alderman Hopkins, seconded by Alderman Hendershot, that
the report be received and adopted. Carried UnanimousLY-
See By-law No. 91-206.
B-91-57 - chief Administrative officer - Re: site Plan Approval - proposed
Commercial Plaza Addition, 4735 Drummond Road, North of Morrison Street, Site
Plan Control 91-12. The report recommends that the Council approve the site
plan(e) on display at tonight's meeting, being a proposed commercial plaza
addition, and the Site Plan being drawing Number A-l, and the Grading and site
Servicing plan being drawing Number 9103-SS1 and the Storm Water Management being
drawing Number 9103-SWMand filed with the Buildings and Inspections Department
of the City of Niagara Falls on August 21, 1991, and that such approval be
subject to the condltione enumerated in this report-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted- Carried Unanimously-
MW-91-221 - Chief Administrative Officer - Re: llth Annual Terry Fox Run,
September 15, 1991. The report recommends that the Terry Fox Run, scheduled for
Sunday, September 15, 1991, be approved subject to the following conditions:
1) That the event meet all requirements from all other authorities;
2) That arrangements are made between the event organizer and the Niagara
Regional police to ensure that a minimum of three police officers are
available for point duty throughout the entire event;
3) That a copy of one million dollar ($1,OO0,O00-O0) liability ineurance
indicating coverage for the City of Niagara Falls be presented to Staff prior
to the event-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
the report be received and adopted. Carried UnanimouSlY.
MW-91-222 - Chief Administrative Officer - Re: Laguna court Neighbourhood
Barbecue. The report recommends that the Neighbourhood Barbecue scheduled for
the evening hours of September 17, 1991, be approved subject to the following
condition:
1} That a copy Of one million dollar ($1,000,000.00) liability insurance,
indicating coverage for the City of Niagara Falls, be presented to Staff prior
to the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger,
that the report be received and adopted- Carried UnanimouslY.
MW-91-225 - Chief Administrative Officer - Re: Contract #91-108 - PRIDE -
Reconstruction of Valley Way from Huron Street to Victoria Avenue and Queen
Street from Buckley Avenue to Victoria Avenue. The.report recommends the
followings
1) That the by-law appearing oN tonight'e agenda authorizing the temporary road
closure of Valley Way from Queen Street to Victoria Avenue and Queen Street
from Buokley Avenue to Victoria Avenue, from approximately September 9the 1991
~o November 8th, 1991, be passedi
- 5 -
2) That the unit prices submitted by the low tenderer, Provincial Construction
Ltd., be accepted and that the contract be awarded to the firm eubject
(a} the above temporary road closure being approved.
ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-205,
and By-law No. 91-208.
S-91-26 - Chief Administrative Officer - Re: Stopping Up, Closing and Sale of
the Road Allowance between Lot 9 and Gore Lots 10 and 11 in the former Township
of Stamford, now in the City of Niagara Falls, being designated as Part i on
Reference Plan 59R-7673. The report recommende that Council pass the by-law
appearing on tonight's agenda to authorize the stopping up, closing and sale of
part of the original road allowance between Lot 9 and Gore Lots 10 and 11 in the
former Township Of Stamford, now in the City of Niagara Falls, being designated
as Part I on Reference Plan 59R-7673, after hearing any person who claims that
his land will be prejudicially affected by the by-law, and who applies to be
heard.
There was a negative response to His Worship Mayor Smeaton's request for
comments from interested persons.
ORDERED on the motion of Alderman Cu~unings, seconded by Alderman craitor, that
the report be reoeived and adopted. Carried Unanimously.
See By-law NO. 91T201.
S-91-31 - Chief Administrative Officer - Re: Quit ClaimTransfer/Deed to Donald
and Angela Irwin, 5865 Swayze Drive - Part 2 on Reference Plan 59R-1175. The
report recommends that Council pass the by-law appearing on this evening's
agenda, to authorize the execution of a Quit claim Transfer/Deed in favour of
Donald clare Irwin and Angels Mary Irwin for Part 2 on Reference Plan 59R-1175.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously_=
see By-law No. 91-2030
S-91-32 - Chief Administrative Officer - Re: The Establiehment of certain Lands
as Public Highways. The report recommends that the by-law included on this
evening'e agenda for the establishment of the following lands as public highways
be passed:
1) Part i on Reference Plan 59R-5761 to become part of Ethel street;
2) Blocks 77 and 78 on Registered Plan 59M-162 to become part of Southview
Avenue;
3) Blocks 79 and 80 on Registered Plan 59M-162 to become part of Preakness
Street;
4) Block H on Registered Plan M-77 save and except Part 3 on Reference Plan 59R-
3737 to become part of Alex Avenue·
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the report be received and adopted. Carried Unanimmuslv.
see Sy-~aw No. 91-204.
BR-91-22 (~ANDOUT) - Chief Administrative Officer - Re: contract Solicitor.
The report, which was considered earlier this evening in committee of the Whole,
recommends ~hat the by-law appearing on tonight's agenda, appointing Henry
- 6 -
Weilenmann to the contract position of solicitor for the term September 9th, 1991
to March 31at, 1991, based on satisfactory performance, be adopted by Council-
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the
report be received and adopted. carried Unanimously-
~R-91-23 (BAMDO~F~) - chief a~ministrative Officer - Re: Vacancy; Health and
Safety Officer. The report, which was considered earlier this evening in
Committee of the Whole, recommends that Staff be authorized to take appropriate
action to fill the vacancy of the Health and Safety Administrator-
Alderman Janvary declared a conflict of interest because a member of her
family is involved-
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the
report be received and adopted. The motion Carrie_____~d with Alderman Janvary
abstaining from the vote on a conflict of interest previously recorded, and with
the following vote:
AYE: Aldermen cowan, Hendershot, Hinsperger, Hopkins, Orr and Sherar.
NA~E: Aldermen campbell, craitor, Cummings and Puttick-
BY~-LRWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Henderehot,
that the following by-law be now read a third time:
No. 91-93 - A by-law to authorize the construction of certain works as local
improvements- Carried Unanimously.
ORDERED on the motion of Alderman cummings, seconded by Alderman Rendershot, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-201 - A by-law to stop up and close and to authorize the sale and
conveyance of part of a road allowance.
NO. 91-202 - A by-law to amend By-law No. 89-155, as amended, being a by-law to
provide for the Standing Rules of council-
Me. 91-203 - A by-law to authorize a Quit Claim of land from The Corporation of
the City of Niagara Fails to Donald Clare Irwin and Angels Mary
Irwin.
No. 91-20& - A by-law to establish certain road widehinge and one foot reserves
as public highways.
No. 91-205 - A by-law to temporarily close part of Valley Way from approximately
Huron street to Victoria Avenue and Queen Street from Buokley Avenue
to Victoria Avenue.
Ms. 91-206 - A by-law to authorize the execution of an operating agreement with
Her Majesty the Queen In Right of Ontario as represented by the
Minister of Housing respecting the Low Rise Rehabilitation program.
Me. 9~-207 - A by-law to authorize the execution of an amending agreement with
Niagara Falls Thunder Inc.
He. 91-208 - A by-law to authorize the execution of an agreement with provincial
Construction (Niagara Falls) Limited for underground services and
the reconstruction of Valley Way and Queen Street (p.R.I.D.E.).
No. 9~-209 - A by-law to authorize the demolition of the King Edward Hotel.
- 7 -
No. 91-210 - A by-law to provide monies for general purposes.
($949,122.61 August 19, 1991).
No. 91-211 - A by-law to provide monies for general purposes.
($5S9,593.65 August 26, 1991).
Ms. 91-212 - A by-law to authorize the use of composite ballots in Municipal
Elections in the City of Niagara Falls.
No. 91-213 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on city Roads. (Heavy Vehicle Restriction).
No. 91-21& - A by-law to authorize the execution of an agreement with Menry
Weilenmann.
The motion Carried with Alderman err voting contrary on By-law Nee. 91-207 and
91-209; with Alderman Puttick voting contrary on By-law No. 91-207; with Aldermen
Hendershot, Hinsperger and Janvary abstaining from the vote on By-law Nee. 91-
210 and 91-211, on conflicts of interest previously recorded under Report
F-91-31; and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the following by-laws be now read a second and third time:
No. 91-2~1 - A by-law to stop up and close and to authorize the sale and
conveyance of part of a road allowance.
No. 91-202 - A by-law to amend By-law No. 89-155, as amended, being a by-law to
provide for the Standing Rules of Council.
NO. 91-2~3 - A by-law to authorize a Quit claim of land from The Corporation of
the City of Niagara Falls to Donald Clare Irwin and Angels Mary
Irwin.
No. 91-20& - A by-law to establish certain road widehinge and one foot reserves
as public highways.
No. 91-2~5 - A by-law to temporarily close part of Valley Way from approximately
Huron Street to Victoria Avenue andQueen Street from Bucklay Avenue
to Victoria Avenue.
Ne. 91-286 - A by-law to authorize the execution of an operating agreement with
Her Majesty the Queen In Right of Ontario as represented by the
Minister of Housing respecting the Low Rise Rehabilitation Program.
No. 91-207 - A by-law to authorize the execution of an amending agreement with
Niagara Falls Thunder Ins.
No. 91-208 - A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for underground services and
the reconstruction of Valley Way and Queen street (P.R.I.D.E.).
Me. 91-209 - A by-law to authorize the demolition of the King Edward Hotel.
MS. 91-210 - A by-law to provide monies for general purposes. ($949,122.61 August 19, 1991).
No. 91-211 - A by-law to provide monies for general purposes. ($589,593.65 August 26, 1991).
~, 91-212 - A by-law to authorize the use of composite ballots in Municipal
Elections in the City of Niagara Fails.
Me. 91~~13 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Reavy Vehicle Restriction).
- 8 -
No. 91-21~ - A by-law to authorize the execution of an agreement with Henry
WeiLenmann-
The motion r~_a~_~with Alderman Orr voting Contrary on By-Law Noe. 91-207 and
91-209; with Alderman puttick voting contrary on By-law No. 91-207; with Aldermen
Henderehot, Hinsperger and Janvary abstaining from the vote on By-law Nos. 91-
210 and 91-211, on conflicts of interest previously recorded; and with all others
voting in favour.
NEW BUSINESS
Development Charges -
Alderman Puttick referred to a recent newspaper article regarding action taken
with teepact to Development Charges in terms of Commercial and Industrial
development- He requested that Staff monitor the situation and keep Council
informed-
ITEM OF CONCERN:
Walker Brothers 9uarries Application for Expansion -
ALderman Rendershot referred to the above mentioned Walker Brothers Quarries
Application for Expansion, which had been considered and denied by council on
August 26th, 1991. It was moved by Alderman Headershot, seconded by Alderman
Cowan, that the matter be reconeidered-
Alderman Campbell declared a conflict of interest because his parents were
participants in a group of persons opposing the application-
Following a brief discussion, it was moved by Alderman cummings, seconded by
ALderman Orr, that the matter be tabled until the proper notification of 30 days
may be given to allow all interested persons to attend the meeting.
The motion to table, which took precedence, was Defeated with Alderman Campbell
abstaining from the vote on a conflict of interest previouely reoorded~ and with
the following vote:
AYE: Aldermen Craitor, Cummings, Janvary and Orr.
NAYE= Aldermen Cowan, Rendershot, Hinsperger, Ropkins~ Puttick and Sherat-
The motion by Alderman Headershot, seconded by Alderman Cowan, to reconsider
the Application for Expansion by Walker Brothers Quarries, was taken by recorded
vote, as requested. The motion ~ with ALderman ;Campbell abstaining from
the vote on a conflict of interest previously recorded, and with the following
vote:
Alderman Cowan AYE
Alderman craitcr NAYE
Alderman Cummings NAYE
Alderman Bendershot AYE
Alderman Hineperger AYE
ALderman Hopkins AYE
Alderman Janvary NAYE
Alderman Orr HAYE
Alderman Puttick AYE
Alderman Sherat AYE
Mayor Smeaton AYE
ORDERED On the motion of Alderman cummings, seconded by Alderman Hinsperger,
that interested persons be granted permission to speak. The motion Cra!~with
Alderman Campbell abstaining from the vote on a conflint of interest previously
recorded, and with all obhere voting in fayour.
The following representatives of Walker Brothers Quarries were in attendancet
Mr. B.B. Onyschuk, SoLicitor; and Mr. Ron Plewman.
The foLLowing interested residents were in attendancet Paul end Peg Bertrand,
3744 Garner Rd.; H. Detlor, 3800 Garner Rd.~ Ted Lyeink, 3812 Garner Rd.; Mr.
and Mrs. arnLs Bar:ins, 3438 Garner Rd.~ Mrs. A. Merino, 3469 Garner Rd.; G.
Maloney~ 3460 Garner Rd.; R. Sanderson, 3720 Garner Rd.~ Mr. & Mrs. Hans de Meal,
9
3305 Garner Rd.; Mrs. Francee Cyr, 3402 Garner Rd.; John Bakker, (PALS); Doug
Tufford, 3296 Garner Rd.; D. Aello, Aello Acres; Richard Zeliznak 1005 Old
Thorold Stone Rd.; Jean Grandoni, 4810 Garner Rd.; K. Paul Holmes, 3274 Garner
Rd.; and others.
The concerned residents discussed the involvement of three Alderman in
activities during the past week-end to resolve the situation; and with regard
to a letter which was forwarded to residents, whereby Walker Brothers was
offering to contribute funds to them On a "sliding scale". The concerned
reeidents discussed their underetanding that if the offer was not accepted by
the time of a meeting which was held Saturday night, that there would not be a
contribution to those persons declining the offer, and expressed serious concern
regarding the meeting as well as the resulting deterioration of amicable
neighbourhood relationships. They diecussed increaeed dust, noise, traffic,
their reluctance to live "beeida a dump', which is what they feel will eventually
take place on the subject lande, and the unfairness of the "sliding scale"
proposal of Walker Brothers Quarries to contribute to landscape improvements.
It was noted that Ms. Pamela Walker, Solicitor for Gauld Nurseries Ltd., was
out of town and unable to be in attendance at this meeting, and that other
concerned residents were also unable to attend at this time.
Mr. Onyschuk stated that the proposal to contribute to landscaping funds for
the residents in the subject area was a reaction to the suggestion of William
M. Rose, and K. Paul Holmes the two leaders of the neighbourhood group. He
further stated that representatives of Walker Brothers were requested to attend
the meeting, that the monetary proposal would be honoured up to Monday, September
9th, 1991, and stressed the importance of October 7th, 1991, the date of the
Ontario Municipal Board Hearing to his client. Mr. Onyechuk advised that he
would "resist anything going beyond October 7th because of the financial interset
and length of time' taken in this matter. He further advised that his client
was "guided by submissions made" by members of Council.
During the discussion, Aldermen Headershot, cowan and Puttick discussed
actions taken by them, explaining that they had only been involved to the extent
of expediting a meeting between the principles in order to resolve the situation
in an amicable way.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the
matter be tabled for one week to allow the interested residents an opportunity
to regroup and resolve some matters of concern. The motion Carried with Alderman
Campbell abstaining from the vote on a conflict of interest previously recorded,
and with all others in fayour.
, , , ·
It was moved by Alderman Orr, seconded by Alderman Cummings, that the meeting
adjourn. Carried Unanimously.
TWENTY-NINTH MEETING
pLANNING MEETING
Council cha~3ers
September 9, 1991
Council met on Monday, September 9th, 1991, at 6:10 p.m., for the purpose of
considering planning matters. All members of Council were present. His Worship
Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer.
REPORTS - PLANNING MATTERS
pD-91-124 - Chief Administrative Officer - Re: New Draft Official Plan - Results
of circulation and open Houses. The report recommends the following:
1) That Council entertain comments from the public on the draft Official Plan;
and
2) That Council receive this report and that staff be authorized to prepare a
final draft of the official Plan for consideration by council on September
30th, 1991.
His Worship Mayor Smeaton declared the Public Meeting Open.
-AND -
Communication No. 240A (BAa~)OUT) - Jack Lee - Re: 2714 St. Paul Avenue & City
Plan Amendments. The communication expresses opposition to the St. Paul area
being zoned residential, refers to the heavy traffic and high accident rate as
well as the probable future for St. Paul Avenue, being formerly Highway No. 8,
and a 'major arterial route~, as well as environmental concerns.
-AND -
Communication No. 240B Stephen Butterfield, Senior Property Agent, Land
Department, COnsumers Gas Re: Draft Official Plan. The communication
expresses concern regarding a redesignation of the 2.7 acre parcel on McLeod
Road, owned by Consumers Gas, being redesignated residential instead of the
current industrial designation, and requests that a decision on the matter be
deferred until the next formal Official Plan review on September 30, 1991..
-AND -
Communication No. 240C (HANDOUT) - Petition from Residents on Olden Ave., Green
BOughs Rd., 8choirlaid Rd., Mewburn Rd., Oakwood Dr., and Lalemant Rd. - Re:
Official Plan. The petition supports the City planning's new proposed Official
Plan which designates the area as residential-
His Worship Mayor Smeaton declared the Public Meeting open.
The Director of Planning & Development reviewed actions taken with respect
to public Open Houses which were held in August 1991 at various locations in the
City of Niagara Falls.
His Worship Mayor Smeaton received a positive response to his request for a
show of hands of those persons present who were interested in this matter.
The Director of Planning & Development advised that Notice, with respect to
this Public Meeting, was published in the local newspaper. He explained the
Concept and presented an overview of the draft Official Plan for the City of
Niagara Falls. The Director of Planning & Development discussed the Plan
designations with the assistance of posted sketches, in terms of Residential,
Niagara River Parkway, Commercial Planning, Central Business District, Stamford
Shopping area, Thorold Stone Road area, Niagara Square Shopping area and other
smaller commercial shopping areas, Tourist Commercial Development, Industrial
Development, Non-Urban Areas and Agricultural and Rural forms of development as
well as Environmental Issues.
The Manager of Policy Planning presented an overview of major items from
Table I of the report, with respect to Glenview Tent & Trailer Park, Leader Lane,
Mountain View as well as concerns expressed by Regional Staff. He responded to
questions raised regarding the Niagara Escarpment Commission Policy Plan with
respect to agricultural and rural lands.
- 2 -
Alderman Orr entered the meeting.
The Director of planning & Development replied to questions raised regarding
problems in the city's infrastructure# i.e., limited pipes, as well as the
capacity in the Regional facility.
Mr. Dennis Landry expressed concern regarding the restricted designation for
the parcel north of Mountain Road, and questioned the rural designation on these
lands. It was pointed out that the Niagara Escarpment commission had designated
the lands as rural and therefore the City would not and could not change it.
Mr. Ted Bell, 2720 Mewburn Road, addressed concerns on behalf of residents
of Mount Forest Village- He stated that the residents were concerned regarding
an application for redesignation of property in this residential area and
referred to a petition submitted earlier on this date regarding the matter- The
Director of planning & Development responded to the concerns, and advised that
· the 15 acre property referred to was the subject of a specific development
proposal under the planning Act, and further, that the matter would be considered
by Council and all concerns heard.
Mr. Fred P- paul, Hynde, paul & Associates, 179 King Street, St. Catharines,
expressed support of the Official plan Review upgrading. However, he referred
to a 300 acre parcel in the Kalar Road/Lundy's Lane area and a secondary plan
being prepared for the submission of a subdivision development of the property,
and expressed concern regarding the planning Staff's proposal to redesignate the
lands from General Commercial to Tourist Commercial. He referred to the proposed
development of mixed use which would not be supported by the Tourist Commercial
designation, and asked that the original designation be retained- The Director
of planning & Development discussed the Tourist Commercial designation in the
area of Lundy's Lane and Kalar Road, and advised that the concern would be
referred to the consultants who would be addressing this matter-
Mr. Jack Lee referred to his Handout communication and discussed his concerns
regarding the proposed designation of the lands in the area of St. paul Avenue,
in terms of loss of small businesses. He referred to his family's restaurant
having been at the present location for ,decades'-
Miss Jean Grandoni, 4810 earner Road, expressed concern with respect to the
proposed agricultural designation and stated the lands between Highway No. 20
and the escarpment were capable of good grape and tender fruit production-
Mr. Stephen Butterfield, referred to communication No. 240B and expressed
concerns on behalf of consumers Oas and as a landowner, with the proposal to
redesignate the lands owned by the company on McLeod R&ad from Industrial to
Residential- He referred to anticipated difficulties for a purchaser if this
was approved, and asked that a decision be deferred until an opportunity was
given the company to study the Tourjam Master Plan with respect to a Tourist
Commercial designation for the lands.
His Worship Mayor Smeaton declared the public Meeting for the draft Official
plan closed.
ORDERED on the motion of Alderman cummings, seconded by Alderman Orr, that the
report be received and adopted, and further, that on Table 1, Page 5, the Niagara
River parkway be identified as a 'scenic# road. Carried UnanimouslY. ·
His Worship Mayor Smeaton declared a 10 minute adjournment at 7s35 p.m.
Following the recess, Council reconvened in the Council Chambers.
Aldermen Cowan and Hopkins entered the meeting.
pD-9l-lZ7 ,Chief administrative Officer - Re; Zoning By_1swAmendmentAM-26/91,
R. & E. Gortson, 5821 Beechwood Road. The report recommends the followingt
1) That council support the amendment to the Zoning By-laws to permit the
parcel'e continued use for residential purposesl . 3
3
2) That the amending by-law be prepared for enactment at a subsequent Council
meeting;
3) That the applicant and the Regional Municipality of Niagara be advised
accordingly-
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the planning Act 1983.
The Director of Planning & Development read the Affidavit of the clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on August 9, 1991.
His Worship Mayor Smeaton received indication that the applicant was in
attendance; and received a positive response to his request for a show of hands
of 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-121: Proposal; General Information; Circulation
Comments; Planning Review, including Background, Nature of the Zone Change and
Impact. He advised that the Planning Department was recommending approval of
the application.
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the applicant or his agent, who were in fayour of the
application.
Miss Jean Grandoni, 4810 Garner Road, questioned the need for the rezoning
and questioned why the severance could not just be given. The Director of
Planning a Development explained that the decision of the Land Division Committee
would not be finalized without a by-law to reflect the change.
Mr. Gortson, the applicant, stated that he would like to sever one of the two
houses on the property to eliminate an illegal non-conforming use.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting, with respect to AM-26/91, closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman cummings, that the
report be received and adopted. Carried Unanimously.
PD-91-128 - Chief Administrative Officer - Re: Zoning By-lawAmendmentAM-27/91,
Q.E.W. Mount Properties Inc., Southwest corner of Mountain & Mewburn Roads. The
report recommends the following:
1) That Council consider the applicant's request to adjourn the Public Meeting
for the application following established City policy;
2) That a Public Meeting be re-scheduled for October, to enable the completion
of various required studies, and that re-notification be given in the local
newspaper; and
3) That a copy of this report be forwarded to the applicant in order that the
'matters raised herein be properly addressed.
- AND -
Comsunioatlon No, 241A - Niagara peninsula COnservation Authority - Re: Zoning
Amendment Application No. AM-27/91, Part of Lots 27, 34, 41 (stamford Township).
The communication advises that since a permit is not required for any proposed
alterations or diversions, the Conservation Authority has no objections to this
rezoning application, but that they will be requesting grading and drainage plans
to ensure that major overland flow routes are adequately accommodated across
the site.
Zon~, a ~d ~se
the ate $est~ tQ t~a
aevelo~nt, ~d that this was
had ~n given to est~lished
The Director of Planning a
recognized that the industrial
~tential to be reaeve~o~a tot.
the area might be interested In =~a~x.~l~h~u
in the future, to ensure than an
and caprehensive and orderly
and a neig~ourhood plan
subject lends and balance o~
by the Q.E.W., acoustic
studied and attenuation mea2~
standards, and that furthl~
avall~le capacity at the H~gh
the feasibllit~ of prov~ding
located on Montrose Road.
~rsons other than thl
-4-
- AND - Re: Zoning Amendment
Communication No. 241B - Upper Canada Consultants -
Application AM-27/91, Q.E.W. Mount properties Inc. The communication requests
the adjournment of the public Meeting scheduled for September 9th, 1991, since
the Traffic Study and Impact Analysis will not be completed until mid-September,
and asks that the meeting be rescheduled for October 1991.
- AND -
Communication No. 24
Section 34 of the P
regarding the antici
entrance and exits;
suggests that the
to the Mountain Roac
safely; and propseel
de-sac in order to s
and residential a~e~
AM-27/91,
- AND -
Communication No. 24
New proposed Officll
advises that the ow
New Official Plan, s
to a major industria
essential in this 1.
noise, vibration, du
property with the u~
for Church developel
site of the Price C
in other Municipal
Warehouse is a cent:
high-quality des~gr
His Worship Mayo
the procedure woul(
The Director
advising that the
class mail on Augu~
His Worship May,
attendance on beha
request for a she
application- Me z
of the passage of ~
to leaving the m~e
The Director Of
an adjournment oF
Mr. Landry star
completed as a
area. It was fur
arrived for the m
this meeting. ~e
ORDERED on ~he
the report be rec~
The motionCa_~JJa
AYE$ aldermen Cowan, Craitor, Hendershot~
Puttick, Sherat and Ward.
NaYEt aldermen Campbell and Cummings.
'Hlnsperger,~opkins,~anvarY,'~Orr,~'~-~
PD-91-129 - chief Administrative Officer - Re: Offlois1 Plan & Zoning By-law
Amendment Applications, SPA NO. 200 & AM-19/81, Fernands Pingue, 6690 Meritrose
Road. The report recommends the following:
1) That Council not support the application to amend the city'e Official Plan
and Zoning By-law as the height and density of the project is considered
inappropriate for the area;
2} That the development of a residential land use within an industrial district
does not represent good planning. If residential redevelopmerit of this
................ '- '~ ' .......... ~-~ ~'~ a proper redevelop-
transition of land
y-
citor - Re: PD-91-
SPA No. 200 & AM-
.on advises that Mr.
drawn, and further,
xcre rather than the
Plan Amendment.
~ and explained that
ions.
davit of the Clerk
forwarded by first-
r. Dante Marinelli,
~danoe; and received
persons present who
persons wishing to
~it their names and
~ject lands with the
~formation contained
:mation; Circulation
of the Zone Change,
;s. He advised that
.ng By-law, to permit
3uilding, including
interior side yard,
sented a 'piecemeal'
~rther consideration
e neighbourhood plan
~d approved.
located on Mentress Road.
~d that while staff
[ghbourhood had the
)that land owners in
residential purposes
g types was provided
~a should be studied
Me stated that the
~e south were bounded
at would need to be
satisfy Provincial
~d to determine the
Station, as well as
. none were currently
There was a negative response to Mayor Smeaton's request for comments from
persons other than the applicant and his agent in fayour of the application.
- 4-
- AND - Re: Zoning Amendment
Communication No. 241B - Upper Canada Consultants -
Application AM-27/91, Q.E.W. Mount properties Inc. The Communication requests
the adjournment of the public Meeting scheduled for September 9th, 1991, since
the Traffic Study and impact Analysis will not be completed until mid-September,
and asks that the meeting be rescheduled for October 1991.
- ~ND - Re: AM-27/91,
Communication No. 241C - petition free Residents of the Area -
Section 34 of the planning Act, 1983- The Communication expresses concerns
regarding the anticipated change in traffic pattern in the area; the proposed
entrance and exits; the change to multiple family units being high density units;
suggests that the price Club outlet should have a maintenance exit located close
to the Mountain Road/Mewburn Road interchange with lights to regulate traffic
safely; and proposes that Scholfield Street return to a closed circle or cul-
de-sac in order to secure a safe and quiet residential break between commercial
and residential areas.
~mmAND~ication No. 241D - =ohnA.M. chotka, president, Mount Forest Village '
New proposed Official plan & Resoning Application AM-27/91. The communication
advises that the owners of Mount Forest Village are in fayour of the proposed
New Official Plan, and opposes the rezoning application because of the proximity
to a major industrial warehouse operation; the highly visible club site was not
essential in this location; anticipated increased traffic, parking lot lights,
noise, vibration, dust, litter, garbage, air Pollution; residents purchased their
property with the understanding that the subject lands were zoned Institutional
for Church development; future objectionable plans by the company; inappropriate
site of the Price Club Warehouse which should be in an Industrial-tyPe zone as
in other Municipalities; impact on real estate values; and the 'No Frills'
Warehouse is a contradiction to the City's policy of a 'Gateway' entrance having
high-quality design and landscaping.
His Worship Mayor Smeaton declared the public Meeting open and explained that
the procedure would be the same as in the previous application-
The Director of planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on August 9, 1991-
His Worship Mayor Smeaton received indication that Mr. Dennis Landry was in
attendance on behalf of the applicant; and received a positive response to his
request for a show of hands of 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 advised that Upper Canada Consultants had requested
an adjournment of the Public Meeting, on behalf of the applicant.
Mr. Landry stated that an Economic Impact Study and Traffic Study was being
completed as a result of soncerns expressed at a meeting with residents of the
area. It was further indicated that a representative of the company had not
arrived for the meeting, and that pertinent information was not available for
this meeting. He therefore requested an adjournment until October, 1991.
ORDERED on the motion of Alderman Shetar, seconded by Alderman cowan, that
the report be received and adopted and the matter be adjourned to October 1991.
The motion c__~a~-~with the following votes
AYES Aldenmen Cowan, Craitor, Hendershot~ Hlnsperger~ Hopkins, Janvary, OrE,
Puttick, Sherat and Ward.
HAYEs Aldermen Campbell and Cummings.
5
pD-91-129 - Chief Administrative Officer - Re: Official Plan & Zoning By-law
Amendment Applications, OPA No. 200 & AM-19/81, Fernando Pingue, 6690 Montrose
Road. The report recommends the following:
1) That Council not support the application to amend the City's Offlcial Plan
and Zoning By-law as the height and density of the project is considered
inappropriate for the area;
2) That the development of a residential land use within an industrial district
does not represent good planning. If residential redevelopment of this
industrial district is desirable, it is recommended that a proper redevelop-
ment plan be prepared in order to effectively guide the transition of land
uses, and the Official Plan should be amended accordingly.
-AND -
COmmunication No. 242 (HANDOUT) - Dante F. MarineIll, Solicitor - Re: pD-91-
129, Official Plan & Zoning By-law Amendment Applications, OPA NO. 200 & AM-
19/91, Fernando Pingue, 6690 Montrose Road. The communication advises that Mr.
Pingue is asking that his application for rezoning be withdrawn, and further,
that Council should consider a density of 20 - 25 units per acre rather than the
30 units per acre applied for, with respect to the Official Plan Amendment.
His Worship Mayor Smeaton declared the Public Meeting open and explained that
the procedure would be the same as in the previous applications.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notices of the Public Meeting had been forwarded by first-
class mail on August 9, 1991.
His Worship Mayor Smeaton received indication that Mr. Dante Marineill,
Solicitor for the applicant, and Mr. F. Pingue were in attendance; and received
a negative response to his request for a show of hands by persons present who
were interested in the application. Be 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 & Development discussed the subject lands with the
assistance of posted sketches; and reviewed the following information contained
in Technical Report No. PD-91-125: Proposal; General Information; Circulation
Comments; Planning Review, including Official Plan, Nature of the Zone change,
Zoning, and Land Use Compatibility & Development Constraints. He advised that
the amendments requested to the City's Official Plan and Zoning By-law, to permit
the development of a six-storey 136 unit apartment building, including
modifications to the maximum building height and minimum interior side yard,
could not be supported; that the requested amendments represented a "piecemeal'
development, and that this was considered premature until further consideration
had been given to established industries, and a comprehensive neighbourhood plan
to properly guide redevelopment in the area was prepared and approved.
The Director of Planning & Development further advised that while Staff
recognized that the industrial portion of the Lundy Neighbourhood had the
potential to be redeveloped for residential purposes and other land owners in
the area might be interested in redeveloping their lands for residential purposes
in the future, to ensure than an appropriate mix of dwelling types was provided
and comprehensive and orderly development occurred, the area should be studied
and a neighbourhood plan approved prior to redevelopment. He stated that the
subject lands and balance of the industrial properties to the south were bounded
by the Q.E.W., acoustic impacts to residential development would need to be
studied and attenuation measures probably required to satisfy Provincial
standards, and that further investigations were required to determine the
available capacity at the High Lift Sanitary Sewer Pumping Station, as well as
the feasibility of providing storm sewers to the site since none were currently
located on Montrose Road.
There was a negative response to Mayor Smeaton's request for comments from
persons other than the applicant and his agent in fayour of the application.
- 6 -
Mrs. Helen Gahn, 6578 Moatrose Road, expressed concern regarding the number
and height of the proposed apartments, and further, suggested that Moatrose Road
be repaired prior to additional development-
Mr. MarineIll referred to Handout Communication No. 242 and the request to
proceed with the Official plan Amendment only at the present time. He indicated
that the concerns regarding density and height would be considered through the
rezoning process at a future public Meeting.
Mr. Fred paul, Hynde paul & Associates, stated that the subject property was
4 1/2 acres and had not been used for industrial purposes prior to this time,
and that there was currently a residential dwelling on the land- He further
stated that a -fairly substantial' parcel of land to the south of McLeod Road
was being removed from the industrial land base. Mr. Paul noted that the
proposal was for a residential land use which would act as a buffer against
industrial activities to the south, was separated from the neighbouring
· residential use by the hydro corridor, and that the residential activity had been
on the property for over 20 years- He expressed the view that there would be
very little impact, and pointed out that shops and parks already existed in the
area. Mr. paul indicated willingness to consider densities and height at a later
data, and referred to the request for withdrawal of the zoning application-
Mr. MarineIll pointed out that the land was presently occupied by a multi-
family residential dwelling which had been built over twenty years ago and that
the by-law permitted the multi-familY residential use of these lands. He
suggested that the request could have been for the non-conforming use to be
legalized- Mr. Marineill stated that the owner had been in the maintenance and
construction business, and that the lands were not currently being used for
industrial purposes; that the adjacent industries had been contacted and were
not objecting to the application; and that the Economic Development Agency had
no objection to the removal of these lands from the industrial supply. Me asked
that the Official Plan Amendment be approved and an opportunity given to work
with Staff with respect to the zoning.
In response to a further request made regarding the renovation of Moatrose
Road, Mayor smeaton agreed that the road required improvements, but that a
decision had been made at the Regional Finance Committee, because of priorities,
to defer this for the present time.
Since no further comments were forthcoming, His Worship Mayor smeaton declared
the public Meeting, with teepest to OPA No. 200, closed. Mayor Smeaton indicated
that a future public Meeting to deal with any of the necessary zoning will
require additional notification.
ORDERED on the motion of Alderman Campbell, seconded by ~lderman err, that the
request for Official plan Amendment No. 200, be approved. The motion Cartie__ d
with the following vote:
AYE~ Aldermen Campbell, Craitor, cummings, Hendershot, Hinsperger, Hopkins, err,
puttick, Sherat and Ward.
NAYE: Aldermen Cowan and Janvary.
pD-91-130 - chief Administrative Officer - Re: official plan Amendment
Application No. 203, St. David's Development corporation (N. Walker), Northwest
Corner of Mountain Road and St. Paul Avenue. The report recommends the
following~
1) That Council consider the applicant's request to adjourn the-Public Meeting
regarding this application, following established City policy; and
2) That a copy of this report be forwarded to the applicant in order that the
matters discussed herein be properly addressed prior to the rescheduling of
the public Hearing·
~o=un~eation lie. 243A - o. Barker, Associate, Miller O'DoI1 planning Associates
'- Rot Walker Heights Development, Ofticial Plan amendment Application No. 203·
The communication requests an adjournment of the application in order to explore
and address Technical planning Report pD-91-126, and clarify the position of CN.
- 7 -
- AND -
Communication No. 243B - Ministry of Natural Resources - Re: Official Plan
Amendment, Part Lot 16, Concession n/a (stamford), OPA 203. The communication
requires that all disturbed areas be sloped to a 3:1 or less gradient with
established vegetation, and any backfilling to be approved by the Ministry under
the terms of the Aggregate Resources Act.
- AND -
Communication NO. 243C - Ontario Eydro - Re: OPA 203. The communication advises
that the Ontario Mydro has no objection to the approval of the amendment to the
approval of the subject document in its present form.
- AND -
Communication No. 243D - Memo from Development & Drainage Technician - Re: OPA
NO. 203, Walker Heights Proposed Subdivision, West of St. Paul Avenue and North
of Mountain Road. The communication provides information regarding the proposal
in terms of Roadways, Water Distribution System, Storm Sewers and Sanitary
Sewers, advises that there is a servicing concern with respect to available
Municipal services and asks that a comprehensive study be submitted to the City
identifying a comprehensive resolution to the servicing constraints identified
in this report.
-AND -
Communication No. 243E - Niagara PenlnsulaConservation Authority - Re: OPA No.
203, Part of Lots 5, 16 & 245 (Stamford Township). The communication refers to
concerns regarding slope instability and erosion problems, advises that further
geetechnical investigations will be required, and that detailed requirements
pertaining to the designation of undevelopable lands will be addressed through
the rezoning and subdivision process.
His Worship Mayor Smeaton declared the Public Meeting open and explained that
the procedure would be the same as in the previous applications.
The Director of Planning & Development read the Affidavit of the Clerk
advising that the Notice had been published in the local newspaper on August
13th, 1991.
His Worship Mayor Smeaton indicated that Mr. Duncan MacFarlane, solicitor,
and representatives from Miller O'Dell Planning Consultants, were 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.
Mr. Duncan MacFarlane, Solicitor, requested that this Public Meeting be
adjourned to December 1991 in order to provide an opportunity to resolve problems
identified in the report of the Planning Department.
ORDERED on the motion of Alderman CoHen, seconded by Alderman Craitor, that
the matter be adjourned to December 1991. carried Unanimously.
PD-91-122 - chief Administrative officer - Re: Zoning Amendment AM-25/87,
Regional Policy Plan Amendment 44, License Application - Aggregates Act, Lakes
& Rivers Improvement Act Application; Walker Brothers Quarries Ltd. The report,
which was Tabled by Council on September 3, 1991, recommends the following:
1) That Council approve the proposed zoning amendment to fezone lands owned by
Walker Brother Quarries Ltd from Agricultural (A) and Hazard Land (Hi) to
Extractive Industrial (EI) and Hazard Land (Hi). It is further recommended
that the amending by-law stipulate that no processing operations be permitted
on the lands, that setbacks from the excavation areas be maintained in
accordance with the site plan prepared by the Proctor & Redfern Group, dated
September 1989 (updated July 1991) which is to be further revised to reflect
the requested 3.0m road widening along Beechwood and Garner Roads, as well
as the requested 150m setback at the southwest corder of Mountain Road and
Garner Road.
- 8 -
2) That Council, as a commenting agent, advise the Regional Municipality of
Niagara that it supports the approval of Regional policy plan Amendment No.
44 to expand the possible Aggregate Area, as proposed. In addition, it is
recommended that the existing possible Aggregate Area southeast of the Trans
Canada pipeline, be removed as a possible Aggregate Area~
3) That Council, as a commenting agency, advise the Ministry of Natural Resources
of the following~
(a) the city of Niagara Falls has no objections to the proposed Lakes & Rivers
Improvement Act application with regard to the creek diversion, subject to
the satisfaction of the Ministry of Natural Resources, Niagara peninsula
Conservation Authority and Department of Fishcries & Oceans with all aspects
of the creek design, and
" (b) the City of Niagara Falls requests that the license conditions, attached
as Appendix 1, be incorporated as part of the license approval under The
Aggregates Act for the proposed quarry.
~emAND~ication Me. 2~4A - Ron E. plewman, P. Eng., Operations Manager, Walker
Brothers Quarries - Re~ proposed Quarry Expansion. The communication advises
that the suggestion for graduated landscaping payment by Walker Brothers to the
neighbouts located on Garner Road came from Aldermen, but that Mr. plewman had
suggested the concept of a graduated payment to Mrs. Ross and Mr. Holmes on
August 28th, 1991. The communication further advises that the Aldermen, City
Solicitor and Walkers recognized the urgency of the time frame because of the
proximity to the OMB Hearing, that acceptance of the proposal was required before
September 3, 1991, and payment would not be forthcoming to persons who rejected
the proposal. Mr. plewman agreed to extend the offer to September 30, 1991 for
any Garner Road neighbout who may wish to reconsider acceptance of the proposal-
~saAND~cation No. 244B (HaI~IOUT) - petition by Residents of Garner & Warner
Roads - Re: OPA 203. The petition opposes Walker Brothers expansion proposal
because the need for approval of extraction beyond one generation of supply is
questioned, and because of impacts related primarily to Area 2, which have not
been resolved-
Alderman Campbell declared a conflict of interest because his parents are
members of the residents opposing the application. ~
His Worship Mayor Smeaton referred to the requests of several people to
address Council, including Mr. Duncan Graham, and Mrs. R- de Meal, spokesperson
for the residents of Garner Road. Mayor Smeaton advised that Ms. pamela Walker,
Solicitor for Gauld Nurseries, had contacted his office earlier on this date to
advise that the opposition of the Gauld family had been withdrawn. He circulated
a proposed License Condition which was submitted by Walker Brothers, being an
undertaking to submit an annual summary report to the Ministry of Natural
Resources, as well as a review of the annual summary reports being assessed by
the Ministry and applicable agencies prior to granting extraction activities
within Area 2 ·
Mr. Onyschuk, Solicitor for Walker Brothers, referred to the proposed License
Condition, and stated that there would be a review prior to extraction in Area
2. Me further stated that the controls agreed to were beyond those of any other
quarry operations in the province of Ontario; that there was an agreement being
processed with Gauld NurseriesN that the 150m setback had been extended to 204
mettee south of Mountain Road; and that 24 property owners on Garner Road had
agreed to accept Walker Brothers monetary proposal, 4 were considering the
proposal, and 8 were opposed. He advised that the monetary proposal would be
left open until September 30th, 1991 at the close of business; and that the
proposal was conditional upon Council's approval of the application in order to
save Walker Brothers a substantial amount of money required for the O.M.B.
.Hearing.
- 9 -
Mr. Duncan Graham addressed Council as a homeowner in the area, and expressed
concern regarding the delivery of materials from other areas of the country to
Walker Brothers for disposal, increasing costs, and decreasing landfill areas.
He discussed the current economic and population situation in the Niagara
Peninsula, the incinerator at Allanburg, devaluation Of properties in the subject
area, and suggested that underground excavation, as practised in other countries,
would serve as a Municipal Service Centre storage area for trucks, etc. He
suggested further, that the increased cost of quarrying should be passed on to
the user, and that underground rather than open pit quarrying would ensure that
the Niagara Peninsula remained aesthetically pleasing as a tourist area.
Mr. Nick Careli, 4157 Robin Avenue, President of the local USAW, expressed
concern regarding the jobs of 25 employees which could be lost if the application
to expand was not approved. He encouraged council to support the application.
Mr. Louis Walter, Walter & Sons Excavating Ltd., 1001 Beck Road, supported
the application of Walker Brothers. He stated that the work was needed by his
company which could be forced to lay off 20 employees.
Mrs. Ronnie de Meel, distributed copies of Handout Communication No. 244B
which documented a list of 44 households in the Garner Road/Warner Road area,
and indicated the results of acceptance of the sliding scale proposal by Walker
Brothers. She stated that the basic number of households should be noted as 40,
since 4 were standing separate for business reasons, 20 signatures indicated
opposition to the proposal, and that an additional person had not been invited
to Join the original group. Mrs. de Meal further stated that some persons were
not taking a position because of conflicts caused by the application, and
suggested that some persons who had agreed to accept the monetary proposal were
not members of the original group. She advised that in Area I only a small
portion of Ten Mile Creek required diversion, discussed the old and natural
trees, wild life and environment not being affected in Area 2 which acted as a
buffer zone, and suggested that Area I would supply the Region for almost a
generation. However, Mrs. de Meel advised that, if approved, mmassive impacts'
would occur in Area II with respect to Ten Mile Creek, wild life, trees, traffic
increase, noise, dust, ground water, leachate, quality of life, and exporting
of aggregate by Walker Brothers to the U.S. Mrs. de Meal discussed the cost
investment of home owners in the area.
Mr. Robert Gibbs, 1695 Warner Road, discussed concerns regarding devalued
properties, cracked and crumbling foundations, and water supply problems, with
no action being taken by Walker Brothers to rectify the problems.
Mr. Ron Plewman, of Walker Brothers, advised that nothing had been shipped
to the U.S. in the past 5 years, and in the last 10 years only 50 truck loads
had been shipped.
Miss Jean Grandoni, 4810 Garner Road, expressed concern that the Council
members might not be familiar with the studies done by Walker Brothers. She was
advised that all the available information had been received by council.
, · , ·
His Worship Mayor Smeaton declared a 10 minute adjournment at 9:45 p.m. to
restore order to the council chambers. Following the recess, council reconvened
for the balance of the meeting.
, , · · ·
A discussion followed regarding levels of aggregate being shipped to the U.S.,
and the amount of aggregate going from other areas] and the concerns of the
adjacent residents.
ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, that
the motion passed by Council at the meeting held August 25th, 1991, to deny the
application of Walker Brothers Quarries Ltd., be rescinded. A recorded vote was
requested. The motion carried with Alderman Campbell abstaining from the vote
on a conflict of interest previously recorded, and with the following votex
- 10 -
Alderman Cowan AYE
Alderman craitor AYE
Alderman Cummings NAYE
Alderman Hendershot NAYE
Alderman Binsperger AYE
Alderman Hopkins AYE
Alderman Janvary NAYE
Alderman err NAYE
Alderman puttick AYE
Alderman Sherar AYE
Alderman Ward AYE
Mayor Smeaton AYE
During further discussion, Mr. Onyschuk, Solicitor for Walker Brothers,
responded requestions raised with respect to landscaping and the creek diversion
of Area II, and advised that his clients were not prepared to do the work if only
Area I was licensed.
Mr. Hans de Meal expressed concern regarding the relocation of Ten Mile Creek,
and suggested that if the area was rezoned, that the issue of an industrial
license would become a formality.
It was moved by Alderman Ward, seconded by Alderman Hinsperger, that Report
"No. pD-91-122, dated August 26, 1991, be approved, together with the proposed
License condition and with the setback amended to 204m. The vote was recorded
as requested. The motion was Defeated with Alderman campbell abstaining from
the vote on a conflict of interest previously recorded, and with the following
vote:
Alderman Cowan AYE
Alderman Craitor NAYE
Alderman cummings NAYE
Alderman Hendershot NAYE
Alderman Binsperger NAYE
Alderman Hopkins AYE
Alderman Janvary NAYE
Alderman err NAYE
Alderman puttick AYE
Alderman Sherat NAYE
Alderman Ward AYE
Mayor Smeaton AYE
, , , , ,
It was moved by Alderman puttick, seconded by Alderman Bendershot,
approval be granted to proceed past 11:00 p.m. Carried Unanimously.
, · , , ,
that
Following further discussion, it was moved by Alderman err, seconded by
Alderman Hinsperger, that approval be granted for the zoning of Areas I and II
and License Area I with safeguards. The vote was recorded as requested. The
motion was Defeated with Alderman Campbell abstaining from the vote on a conflict
of interest previously recorded, and with the following vote:
Alderman Cowan AYE
Alderman traitor NAYE
AIderman Cummings NAYE
Alderman Hendershot NAYE
Alderman Hinsperger AYE
Alderman Hopkins AYE
Alderman Janvary NAYE
Alderman err AYE
Alderman puttick NAYE
Alderman Sherat NAYE
Alderman Ward AYE
Mayor Smeaton AYE
· , , · ·
His Worship Mayor Smeaton declared a 10 minute adjournment to provide an
opportunity for research of a question of order. Following the recess, Council
reconvened for the balance of the meeting.
, · · · ·
The City Solicitor expressed the opinion that the application of Walker
Brothers Quarries Ltd. might be reconsidered and another motion made.
It was moved by Alderman cummingst seconded by Alderman Sherat, that approval
be given to Rezone and Licehoe only Area I. The vote was recorded as requested.
The motion was ~ with Alderman Campbell abstaining from the vote on a
conflict of interest previously recorded, and with the following vote:
- 11 -
Alderman Cowan NAYE
Alderman craitor AYE
Alderman Cummings AYE
Alderman Hendershot AYE
Alderman Minsperger NAYE
Alderman Hopkins NAYE
Alderman Janvary AYE
Alderman err NAYE
Alderman Puttick NAYE
Alderman Sherar AYE
Alderman Ward NAYE
Mayor Smeaton NAYE
ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, that
approval be granted for Rezoning Areas I and II, and Licensing for Area I, and
the setback be Mended to 204m instead of 150m. It is further recommended that
consideration for reduced tipping fees in the future for the City of Niagara
Falls be worked out logistically between the existing Council of the city of
Niagara Falls and Walker Brothers Quarries Ltd. The motion carried with
Alderman Campbell abstaining from the vote on a conflict of interest previously
recorded~ and with the following vote:
Alderman Cowan AYE Alderman Janvary NAYE
Alderman Craitor NAYE Alderman Orr AYE
Alderman Cummings NAYE Alderman Puttick AYE
Alderman Hendershot NAYE Alderman Sherat NAYE
Alderman Hinsperger AYE Alderman Ward AYE
Alderman Hopkins AYE Mayor Smeaton AYE
REGULAR COUNCIL MEETING
B-91-60 - Chief Administrative Officer - Re: Stamford Memorial Arena - Roof
Truss Improvements. The report recommends that Warner and Bouw Welding and
Fabricating Ltd. be awarded the contract to construct and install structural
steel sections to reinforce the existing roof trusses at Stamford Arena for the
tendered price of $138,652.00. It is further recommended that Council approve
an additional allowance of $70,000.00, which will provide a maximum project cost
having an upset limit of $208,652.00.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
MW-91-243 (HANDOUT) Municipal Works Committee Re: Committee Report:
Demolition of Unsafe Storage Shed at Municipal Service centre. The report
recommends that Collee Excavating & Trucking Inc. be authorized to remove this
building at a cost of $1.00 to the City.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Puttick, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, cummings, Hinsperger, Hopkins, Janvary,
err, Puttick, Shetar and Ward.
NAYE: Alderman Hendershot.
NEW BUSINESS
I~EMS OF INTEREST:
Niagara Regional Exhibition -
Alderman Janvary reminded Council members that this Sundayt September 15th, 1991,
was Niagara Palls Day at the Niagara Regional Exhibition, and invited Council
to attend.
Local ~overnment Week -
Alderman Janvary invited participation in Local
scheduled for September 30th to October 5th, 1991.
Government Week which is
Annual Terry Fox Run -
Alderman Cummings stated that the Annual Terry Fox Run was scheduled for Sunday,
September 15th, 1991, and requested Council to support it.
12
- 12 -
Developsent Charges Meeting -
His Worship Mayor Smeaton announced that a special meeting had been called for
September 12th, 1991, at 5:00 p.m., in the council Chamberst to discuss
Development Charges.
, , , ,
It was moved by Alderman Ward, seconded by Alderman Janvary, that the meeting
adjourn. Carried Unanimously.
S. SMEATON
THIRTIETH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
September 16, 1991
Council met on Monday, September 16th, 1991, at 6:30 p.m. in Committee of
the Whole. All members of Council with the exception of Alderman Orr, who was
absent due to illness, Alderman Puttick, who was absent on vacation, and Alderman
Hopkins, who was away on business, were present. Alderman Hendershot presided
as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
E.C. WAGG, CITY CLERK
REGULAR MEETING
Council Chambers
September 16, 1991
Council met On Monday, september 16th, 1991, at 7:30 p.m., for the purpose
of considering regular business. All members of Council with the exception of
Alderman Orr, who was absent due to illness, Alderman Puttick, who was on
vacation, and Alderman Hopkins, who was away on business, were present. His
Worship Mayor Smeaton presided as Chairman. Alderman Cowan offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the minutes of the Planning Meeting held August 26th, 1991, and
Continued Meeting of September 3, 1991 and Planning Meeting of September 9, 1991,
be received and adopted. Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Cummings declared a conflict of interest on Report No. F-91-33
Municipal Accounts, Cheque No. 70916, because he is a member of the Firemen's
Association.
Alderman Hinsperger declared a conflict of interest on Report No. F-91-
33, Municipal Accounts, cheque Nos. 70764, 70917, 70929, 70930, 71075, because
a member of his family is employed by the company.
Alderman Hendershot declared a conflict of interest on Report No. B-91-
61, because a family member has a business in the vicinity.
Alderman Ward declared a conflict of interest on Report No. MW-91-245,
Item No. 3, because he is a member.
- 2 -
PRESENTATIONS
Achievement Awards - Rowinq
His Worship Mayor Smeaton welcomed the students and faculty of A.N. Myer
School and presented awards to the Junior Women's Open Class Coxed-Four team,
who participated in competitions held in Philadelphia, Pennsylvania and won the
Bronze medal.
Mayor $meaton congratulated and presented award to the Senior 64K Men's
Eight team that won the Gold medal at the Triple Crown.
His Worship Mayor Smeaton stated that the City of Niagara Falls had
received a Certificate of Recognition for supporting Pitch-in Canada and
maintaining a clean and beautiful environment and encouraging the reduction, re-
use and recycling of waste.
DEPUTATION
Mr. Steve Lawton, Marketing Director, Sunburst Promotions addressed
Council regarding promotional planning for the City of Niagara Falls. Mr. Lawton
stated that local firms would like the opportunity to prove their marketing
abilities, to develop strategies aimed at conventions, designing concepts for
the tourist industry.
His Worship Mayor Smeaton thanked Mr. Lawten for his presentation and
stated that many requests are received from businesses interested in presenting
their marketing strategies, and the doors are always open to businesses who wish
to participate in sprucing up our city.
COMMUNICATIONS
Communication NO. 245 - Fred Rieser, 3377 Strang Drive - Re: Strang Drive. The
communication expresses concern and requests that action be taken in paving
Strang Drive.
The Director of Municipal Works responded to questions raised regarding
timeframe on paving operations, and stated that boat ramp funds were left from
a provincial grant that had to be used up.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger that
the communication be referred to Municipal Works staff and that a letter be
written. Carried Unanimously.
Communication No. 246 - Niagara Falls - Fort Erie Real Estate Association - Re:
Proclamation. The Communication requests that the week of September 22 - 28,
1991 be proclaimed "Ontario Home 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. 247 - Meals on Wheels - Re: Proclamation. The con~nunication
requests that the week of September 22 - 28, 1991, be proclaimed "Meals on Wheels
Week" in Niagara Falls.
ORDERED on the motion of Alderman Nendershot, seconded by Alderman Craitor that
the request be approved subject to established policy. ~arried ~.
- 3 -
Communication No. 248 - Project S.H.A.R.E. Re: Fall Food Drive. The
communication requests the use of a City van for October 10th, 11th, and 12th,
and the use of City Hall as a drop-off location.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings that the
communication be received and approved. carried Unanimously.
Communication No. 249 - George Gordon, Chairperson, Arts & Culture Committee -
Re: Toronto Symphony orchestra. The communication requests that the City of
Niagara Falls extend an invitation to the Toronto Symphony Orchestra in
considering Niagara Falls as their summer home.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar that
the Mayor's Office extend an official invitation to the Toronto Symphony
Orchestra, and that the communication be received and approved. Carried
Unanimously.
communication No. 250 - Diana Cote, Social Justice Committee of Niagara - Re:
'Take Back the Night" march. The communication advises that a "Take Back the
Night" march will be held on Thursday, September 19th, 1991 at 7:00 p.m.,
commencing in the square at City Hall, and requests the use of the employee lunch
room.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot that
the communication be received and approved. Carrie~ Unanimously.
REPORTS
R-91~38 - Chief Administrative Officer - Re: Recreation Commission Appointments.
The report recommends the following:
1)
That Council appoint Michael Somerville to complete the term of Maria
Lovallo which expires December 31, 1992;
2) That Joel Schaubel and Stacey Smith be appointed to the Recreation
commission until the end of December, 1991 to fill the vacancies of
Michael Somerville and Gerry Cromack.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Binsperger that
the appointments be approved and adopted. Carried Unanimously.
CD-91-58 - Chief Administrative Officer - Re: Proposed plan of Subdivision
mBeaver Valley", File 26T-90022, owner: Beaver Valley Ltd., (Mr. R.G. Mares,
President}. The report recommends that the Beaver Valley Subdivision be approved
subject to the conditions enumerated in this Report.
Miss Jean Grandoni, 4810 Garner Road, expressed the following concerns
regarding the proposed plan of subdivision: culvert draining into the Beaverdams
Creek, basement flooding at Westway Estates; Kalar Pumping Station was not
designed to handle Beaverdams water shed; natural water course must not be
diverted; water must not be brought in from another water shed. Miss Grandoni
questioned the long range plans for the Beaverdams area.
The city clerk referred to correspondence from the Ministry of Natural
Resources, dated February 19, 1991, recommending certain conditions be placed
on draft plan approval.
The Deputy Director of Planning & Development addressed the issue of minor
flows, and overland flows.
Miss Grandoni expressed her concern that the proposed subdivision is going
to drain overland into the Beaverdams Creek# and stated that there should be a
Planning map for a water shed established.
The Deputy Director of Planning & Development responded to questions
regarding a water shed study, specifically that the study could take up to one
or two years at an approximate cost of $50,000 to $100,000.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherar that the
report be received and adopted. Carried Unanimousiv.
It was further ORDERED on the motion of Alderman Janvary, seconded by Alderman
Sherar that the matter of overland drainage into Beaverdams Creek be referred
to Municipal Works, Planning staff for further consideration and direction.
Carried UnanimousiV.
B-91-59 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for August 1991. The report recommends that this report be
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar that the
report be received and filed. Carried Unanimously.
B-91-61 - chief Administrative Officer Re: Site Plan Approval, Proposed
Commercial Development Southwest corner Thorold Stone Road & Dorchester Road.
The report recommends that the Council approve the site plan{s) on display at
tonight's meeting, being a proposed commercial development, and the Site Plan
being drawing number AO, and the Landscape Plan being drawing number Lal and the
Mechanical Site Plan being drawing number M-1 and filed with the Buildings and
Inspections Department of the City of Niagara Falls on September 10, 1991 and
that such approval be subject to the following conditions:
a) That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the city) the
following facilities and works shown on the said site plan(s).
1. Two access ramp(s) to provide ingress and egress between the
property, Thorold Stone Road and Dorchester Road which shall be in
the location and of the width shown on the site plan together with
the curbings shown on the Landscape Plan.
2. 101 off-street parking spaces and the access driveways, all having
dimensions and being in the locations shown on the site plan and
which shall be surfaced with hot mix asphalt or approved equivalent,
together with all Of the curbings shown on the Site Plan.
Concrete sidewalks of the dimensions and in the locations shown on
the Site Plan.
Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential or institutional districts or uses and away
from traffic or adjoining roadways.
The fence, trees, shrubs and other landscaping o f the types and in
the locations shown on the Landscape Plan to be constructed.
The facilities for the storage of garbage and other waste material
in the location shown on the site plan, which shall be surfaced with
concrete or equivalent to be eonstructed.
- 5 -
Such grading or alterations in elevation as shall be necessary to
provide the elevations on the Site Plan together with all of the
facilities and works for the disposal of storm, surface and waste
water shown on the Mechanical Site Plan.
b)
and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expenses of the owner the facilities or works
mentioned in paragraphs 1,2,3,4,5,6 and 7 of clause (a) above, including
the removal of snow from access ramps and driveways, parking and loading
areas and walkways.
c)
and further that the owner be required to enter into a site plan agreement
with the City dealing with the facilities, works and matters enumerated
above.
Dr. Gold, the applicant, stated that the commercial phase of the plan will
be put into place first and that the townhouse phase will be put on hold until
1993/94.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinserpger that
the report be received and adopted. The motion Carried with Alderman Hendershot
abstaining from the vote On a conflict Of interest previously recorded, and with
the following vote:
AYE: Aldermen Campbell, Craitor, Cummings, Hinsperger, Sherar, and Ward.
NAYE: Aldermen Cowan, and Janvary.
B-91-62 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Retail
Plaza and Residential Addition Southwest corner McLeod Road at Drummond Road.
The report recommends that the Council approve the site plan(s) on display at
tonight's meeting, being a proposed Retail Plaza Addition, and the Site Plan
being drawing number i of i and filed with the Buildings and Inspections
Department of the City of Niagara Falls on September 11, 1991 and that such
approval be subject to the following conditions:
a)
That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the city Of Niagara Falls (the City) the
following facilities and works shown on the said site plan(s).
Two access ramp(s) to provide ingress and egress between the
property, McLeod Road and Drummond Road which shall be in the
location and of the width shown on the site plan together with the
curbings shown on the Site Plan.
20 off-street parking spaces and the access driveways, all having
dimensions and being in the locations shown on the site plan and
which shall be surfaced with hot mix asphalt or approved equivalent,
together with all of the curbings shown on the Site Plan.
Concrete sidewalks of the dimensions and in the locations shown on
the Site Plan.
Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential or institutional districts or uses and away
from traffic or adjoining roadways.
The fence, trees, shrubs and other landscaping of the types and in
the locations shown on the Site Plan to be constructed.
- 6
The facilities for the storage of garbage and other waste material
in the location shown on the site plan, whish shall be surfaced with
concrete or equivalent to be constructed.
Such grading or alterations in elevation as shall be necessary to
provide the elevations on the Site Plan together with all of the
facilities and works for the disposal of storm, surface and waste
water shown on the Site Plan.
A 1.524 metre (5 foot) and daylighting triangle land dedication, in
fayour of the City, along the easterly property line abutting the
north limit of Drummond Road and a daylighting triangle along the
north east property lines and at the intersection of McLeod Road
and Drun~nond Road.
b)
and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expense of the owner the facilities or works
mentioned in paragraphs 1,2,3,4,5,6,7 and 8 of clause (a) above, including
the removal of snow from access ramps and driveways, parking and loading
areas and walkways.
c)
and further that the owner be required to enter into a site plan agreement
with the City dealing with the facilities, works and matters enumerated
above.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar that the
report be received and adopted. The motion carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Nendershot, Hinsperger,
Sherat, and Ward.
NAYE: Alderman Janvary.
PD-91-132 - Chief Administrative Officer - Re: Fill Lines Along the Welland
River. The report recommends that Council receive and file this report and that
the Niagara Peninsula Conservation Authority be so advised.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that
the report be received and filed. Carried Unanimousl_~.
MW-91-228 - chief Administrative Officer - Re: Seventh Annual Santa Claus Parade,
November 24, 1991. The report recommends the following:
1)
2)
That the event meet all requirements from all other authorities;
That a copy of one million dollar ($1,000,000.00) liability insurance
indicating coverage for the City of Niagara Falls be presented to Staff
prior to the event.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger
that the report be received and adopted subject to established policy. Carried
Unanimously.
MW-91-229 _ Chief Administrative Officer - Re: Man-A-Mile Relay Race, October
4, 1991. The report recommends that the event meet all requirements from all
other authorities.
ORDERED on the motion of Alderman Cummings~ seconded by Alderman Janvary that
the report be received and adopted subject to established policy. carried
Unanimouelv.
MW-91-232 - Chief Administrative Officer - Re: Municipal Works committee Report:
Request from Cataract Ice for Relief from Sewer Surcharge. The report recommends
that Cataract Ice Limited be granted relief for one half of the sewer surcharge
for that portion Of water used for product production, subject to the Firm
verifying the quantity of water diverted from the sanitary sewer system.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that
the report be received and adopted. Carried UnanimoUsly.
MW-91-233 - Chief Administrative Officer - Re: Heavy Truck Prohibition, St. Peter
Avenue. The report recommends that the By-Law amending By-Law 89-2000 (being
a by-law to regulate parking and traffic on city roads} appearing on tonight's
agenda, be approved.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-217
MW-91-241 - Chief Administrative Officer - Re: Waste Reduction Week 1991. The
report recommends that September 29 to October 5, 1991 be proclaimed Waste
Reduction Week in Niagara Falls.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings that the
report be received and filed. Carried Unanimously.
MW-91-244 - Chief Administrative Officer - Re: Municipal Works Committee Report:
Increase of Capacity for Kalar Road Pumping Station Sewer System. The report
recommends the following:
1)
That the City's Sewer Infrastructure Needs Program analysis of the Kalar
Road Pumping station Sewer System initially scheduled for 1993, be
rescheduled for November 1991;
2) That a Consulting Engineer be retained to carry out this analysis at the
estimated cost of $15,000.00.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot that
the report be received and adopted. Carried Unanimously.
MW-91-245 - Chief Administrative Officer - Re: Municipal Works Committee Reports:
1) Niagara Street - Chippawa Presbyterian Church Request for on-Street Parking
on Sunday; 2) Request to Restrict Parking Fourth Avenue - Valley Way to Armoury
Street; 3) Valley Way - Request for Parking Restriction at the Royal Canadian
Legion; 4) St. Patrick Avenue - Request for No Parking Restriction. The report
recommends the following:
1)
2)
MW-91-175 - Niagara Street Chippaws Presbyterian Church Request for On-
Street Parking On Sunday -
a} That parking be allowed on the west side of Niagara Street between
Bond Street and Aberdeen Street on Sundays for Church Services;
b) That the By-law amending By-law 89-2000 (being a by-law to regulate
parking and traffic on City roads) appearing later on tonight's
agenda, be approved.
MW-91-227 - Request to Restrict Parking Fourth Avenue - Valley Way to
armoury Street -
s)
That the parking restriction on the east side of Fourth Avenue be
extended from a point 42m south of Valley Way to Armoury Street;
- 8 -
b)
That the By-lawamending By-Law 89-2000 (being a by-law to regulate
parking and traffic on City roads) appearing later on tonight's
agenda, be approved.
3)
MW-91-188 - Valley Way - Request for Parking Restriction at the Royal
Canadian Legion.
a)
That a parking restriction be implemented on the north side of
Valley Way from 60m east of Portage Road to 158m east of Portage
Road;
b)
That the By-law amending By-law 89-2000 (being a by-law to regulate
parking and traffic On City roads) appearing later on tonight's
agenda, be approved.
4)
MW-91-191 - St. Patrick Avenue - Request for No Parking Restriction.
a)
That a parking restriction be implemented on both sides of St.
Patrick Avenue from O'Neil Street to Russell Street between the
hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, holidays
excluded;
b)
That the By-lawamending By-law 89-2000 (being a by-law to regulate
parking and traffic on City roads) appearing later on tonight's
agenda, be approved.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherar that the
report be received and adopted. The motion Carried with Alderman Ward abstaining
from the vote, on a conflict of interest previously recorded and with all others
voting in favour.
See By-law No. 91-218
see By-law No. 91-219
See By-law No. 91-220
See By-law No. 91-221
MW-91-2~6 - chief A~ministrative Officer - Re: Municipal Works Committee Report:
Additions to Subdivision Policy re: Parkland Development Requirements. The
report recommends that additions to the Subdivision Policy outlined in the
attached Report R-91-34, be approved for inclusion within the City of Niagara
Falls subdivision Policy for implementation by October 1, 1991.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Minsperger that
the report be received and adopted. Carried UnanimouslI.
F-91-32 - Finance Committee - Re: Committee Reports.
following:
1)
2)
The report recommends the
FC-91-19, Statement of Tax Balances at July 31,
It is recommended that council receive the
purposes.
8-91-28 Niagara Fells Ar~ Gallery -
It is recommended that Council receive the
purposes.
1991 -
report for informational
report
for informational
- 9 -
3)
4}
5}
that the report be received and adopted.
1990 consolidated Financial Statement for the City of Niagara Falls -
It is recommended that Council receive the report for informational
purposes.
Humane Society Statements of Revenue and Expenditure for June and July,
1991 -
It is recommended that Council receive the report for informational
purposes.
Buffalo Bills Yearbook Request for Advertisement -
It is recommended that Council deny the advertisement request.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward,
carried Unanimously.
F-91-33 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $4,023,874.05 for the period ending
September 16, 1991 be approved by the passing of the by-law appearing later on
the agenda.
Additional information was provided on Cheque Nos. 70708, 70776, 70886,
and 70962.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot,
that the report be received and adopted. The motion Carried with Aldermen
Cummings and Hinsperger abstaining from the vote on conflicts of interest, on
cheque numbers recorded previously.
See By-law Nos. 91-223; 91-224; 91-225.
CD-91-60 - chief Administrative Officer - Re: Encroachment on Fifth Avenue road
allowance at 5145 Willmott Street. The report recommends that the application
to permit the continuation of encroachments of a dwelling, municipally described
as 5145 Willmott Street, upon the Fifth Avenue road allowance be approved subject
to established policy, and the necessary by-law be enacted by the City Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report received and adopted. Carried Unanimously.
The following items were brought forward from the Finance Committee meeting held
earlier this evening.
water Account
Mr. Lorenzo Siciliano, 4487 John Street Re: Water Account. The report
recommends to forgive outstanding water account as listed, for 1992.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the recommendation be received and adopted. Carried Unanimously.
FC-91-20 - Chief Administrative Officer - Rex Tax Insraiment due date for 1991.
The report recommends that the Finance Committee recommend to council tax
instalments of February, April, June and September for realty tames in 1992 and
February, April, June and August for business taxes.
ORDERED on the motion of Alderman cummings, seconded by Alderman Henderehot, that
the report be received and adopted. Cerried Unanimously.
10
Vehicle Committee Update -
The report recommends the following:
1) That the information contained in this report be received;
2)
That approval be given to eliminate the two current mileage rates and
replace them with one mileage rate effective November 1, 1991, which will
be the 1991 CAARecommended Rate of 32.9 cents per km for a mid-size car;
3)
That the Committee will review the practice of providing City vehicles and
mileage reimbursement and report back to Council with appropriate
recommendations.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. carried UnanimousiX.
Niaqara GraDe & Wine Festival Souvenir Proaramme
The communication requests financial support through the purchase of an
advertisement in the souvenir programme. The report recommends that the matter
be referred to the Mayor's office.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the recommendation be received and adopted. carried Unanimously.
Audit Committee Appointment
The recommendation of the Finance Committee was that D. McCalmont be appointed
the Citizen Member to the Audit Committee.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger that
the recommendation be approved and adopted. Carried Unanimously.
F-91-17 - Chief Administrative Officer - Re: New Position: Manager of Accounting.
The report recommends that the council of the city of Niagara Falls approve the
creation of the position of Manager of Accounting. The Director of Finance
discussed the reporting duties and specific responsibilities of the new position.
The Director of Finance advised that the recommendation should be that the
position be established as soon as possible as had been approved in Committee
of the Whole earlier this evening. The motion Carried with the following vote:
AYE: Aldermen Cowan, Cummings, Hendershot, Hinsperger, Janvary, Sherat, Ward.
NAYE: Aldermen Campbell, Craitor.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
91-215
91-216
91-217
A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area.
A by-law to authorize the execution of an agreement with The
Ministry of Housing respecting a Grant. (Report B-91-37 approved
by Council June 6, 1991).
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Heavy Vehicle Restriction/St.
Peter Avenue).
- 11 -
91-218
91-219
91-220
91-221
91-222
91-223
91-224
91-225
A by-law to amend By-law NO. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking/st. Patrick Avenue).
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking/valleyway).
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking/Niagara street).
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking/Fourth Avenue).
A by-law to authorize the execution of an agreement with 766351
Ontario Inc. and others respecting The Gates of Kaitlin Court
proposed condominium subdivision.
A by-law to provide monies for general purposes.
($1,856,224.62/September 2/91).
A by-law to provide monies for general purposes.
($449,970.38/September 9/91).
A by-law to provide monies for general purposes.
($1,717,679.05/September 16/91).
The motion Carried with Aldermen cummings and Hinsperger abstaining from the vote
on By-law Nos. 91-223; 91-224; 91-225, on conflicts of interest previously
recorded under Report No. F-91-33; with Alderman Ward abstaining from the vote
on By-law 91-219, on conflict Of interest previously recorded under Report No.
MW-91-245; and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
the following by-laws be now read a second and third time:
91-215
91-216
91-217
91-218
91-219
91-220
91-221
91-222
A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area.
A by-law to authorize the execution of an agreement with The
Ministry of Housing respecting a Grant. (Report B-91-37 approved
by Council June 6, 1991).
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Heavy Vehicle Restriction/st.
Peter Avenue).
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking/St. Patrick Avenue).
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Parking/ValleyWay).
A by-law to amend By-law NO. 89-2000, being a by-law to regulate
parking and traffic On city Roads. (Parking/Niagara Street).
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on city Roads. (Parking/Fourth Avenue).
A by-law to authorize the execution of an agreement with 766351
Ontario Inc. and others respecting The Gates of Kaitlin Court
proposed condominium subdivision.
12
91-223 - A by-law to provide monies for general purposes.
($1,856,224.62/september 2/91).
91-224 - A by-law to provide monies for general purposes.
($449,970.38/September 9/91).
91-225 - A by-law to provide monies for general purposes.
($1,717,679.05/September 16/91).
The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote
on By-law Noso 91-223; 91-224; 91-225, on conflicts of interest previously
recorded under Report No. F-91-33; with Alderman Ward abstaining from the vote
on By-law 91-219, on conflict of interest previously recorded under Report No.
MW-91-245; and with all others voting in favour.
NEW BUSINESS
Niaqara Escarpment Commission -
Alderman Cummings referred to an application made to the Niagara Escarpment
commission regarding the increase of mobile home units at Pinetree Village Mobile
Home Park.
Committee of Adjustment A~Dlication for Bunqee Jum~in~ -
Alderman Cummings referred to an application requesting a variance to the zoning
by-law for the height of the crane to permit Bungee jumping at Pyramid Place has
been made and that he is not in favour of such a dangerous venture. It was
requested by Alderman Cummings, seconded by Alderman Ward that staff prepare a
report for the next Council meeting on September 23, 1991.
Alderman Ward questioned what agreements are in place regarding newspaper boxes
on Regional Roads, and whether they are out of our jurisdiction. It was
requested by Alderman Ward, seconded by Alderman Cummings, that staff bring
forward a report on the status of such agreements.
No Smokinq Siqns
Alderman cummings referred to the No Smoking Signs and what the Building By-law
Enforcement procedures are regarding no smoking signs.
Alderman Cummings stated that the Terry Fox Run was very successful and $21,000
was raised for this very worthy cause.
13
Sunday ShopDinq
It was recommended by Alderman Campbell, and seconded by Alderman Cowan, that
on the November 12th Municipal Election Ballot, the question of 'Are you in
favour of sunday Shopping in Niagara Falls'? The motion was Defeated with the
following vote:
AYE: Aldermen Campbell, Cowan
NAYE: Aldermen Craitor, Cummings, Hendershot, ~insperger, Janvary, Sherar, Ward.
Adult Restricted Videos and Publicatlone
His Worship Mayor Smeaton discussed the selling of adult restricted videos in
Video stores.
It was moved by Alderman Hendershot, seconded by Alderman Cummings, that the
meeting adjourn.
READ AND ADOPTED,
E.C. WA~~
THIRTY-FIRST MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
September 23, 1991
Council met on Monday, September 23rd, 1991, at 7:15 p.m., in Committee of
the Whole. All members of Council, with the exception of Alderman Puttick who
was on vacation, and Aldermen Campbell and Ward who were absent due to prior
commitments, were present. Alderman Cummings presided as Chairman.
Following consideration of the items presented, the Cos~ittee of the Whole
arose to report in open session.
GARY DEPUTY ClTY CLERK MAYOR WILLIAM S. SMEATON
REGULAR MEETING
council Chambers
September 23, 1991
Council met on Monday, September 23rd, 1991, 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 Aldermen Campbell and Ward who were
absent due to prior commitments, were present. His Worship Mayor smeaton
presided as Chairman, and offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
the minutes of the meeting held September 16th, 1991, be adopted as printed.
Carried Unanimousiv.
CONFLICTS OF INTEREST
Aldermen Hendershot and Janvary declared conflicts of interest on Report No.
F-91-35, Cheque No. 71390, because they are employed by the Niagara South Board
of Education.
Alderman Hinsperger declared a conflict of interest on Report No. F-91-35,
Cheque Nos. 71237, 71238 and 71239 because a member of his family is employed
by the company.
Alderman Orr declared a conflict of interest on Report No. F-91-35, Cheque
No..71335 because she is employed by Niagara College.
UNFINISHED BUSINESS
HORIZON ADVENTURES INC. - BUNOff JU~PIHO -
Report PD-91-136 - chief Administrative Officer - Re: Committee of Adjustment
Application A-62/91 - Horizon Adventures Inc., 5200 Robinson Street (COUNCIL 1991
09 16). The report recommends provides information regarding a request from
Horizon Adventures Inc. for permission to vary the maximum height provision mf
site specific By-law 82-68 to accommodate a crane to be used for bungee ~umping;
and includes the comments of Staff. The report recommends that the attached
report, with the recommendation of the Planning Department that the committee
of Adjustment should not grant the application as the requested variance is not
minor nor within the intent and purpose of the Zoning By-law, and further, that
the report be received and filed for informational purposes.
- 2 -
-AND -
communication No. 251 - Bob Freeman, President, Horizon Adventures Inc. - Re:
Bungee Dumping - 5200 Robinson Street. The communication requests permission
to address Council regarding the subject matter and respond to questions raised.
Messrs. Bob and Keyin Freeman were in attendance. They distributed a flyer
to Council members and presented a video on bungee jumping on Vancouver Island
and at the Canadian National Exhibition. Mr. Freeman advised that bungee jumping
began in New Zealand, was a great attraction for tourists, was not dangerous
because it was insurable, and further, that Horizon Adventures Inc. hoped to
establish the sport in Niagara Falls for a short time this year. He requested
the support of Council in this matter.
Following a discussion, it was moved by Alderman Hendershot, seconded by
Alderman Orr, that the communication be received and filed, and the report be
received and adopted. It was further recommended that the report be forwarded
to the Committee of Adjustment for information. Car;ied Unanimously.
NEWSPAPER BOXES ON ROAD ALLOWANCES -
Report No. MW-91-256 - chief Administrative officer - Re: Newspaper Boxes on
Road Allowances (COUNCIL 1991 09 16). The report provides information that this
matter is currently under review, that a report is scheduled for Council in
October 1991, and recommends that this advisory report be received and filed for
information.
ORDERED on the motion of Alderman Janvary, seconded by Alderman cummings, that
the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 252 - Joan Blanchard, Community Relations Director, AIDS Committee of Niagara
- Re: Proclamation. The communication requests that Council proclaim october
7th to 13th, 1991, as "Aids Awareness Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman traitor, that
the request be approved subject to established policy. Carried Unanimously.
No. 253 - Minister of Agriculture & Food - Re: Proclamation. The communication
asks Council to proclaim october 16th, 1991, as "World Food Day".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the request be approved subject to established policy. Carried Unanimously.
No. 254 - earth E. LenD, Canadian Rett Syndrome Association - Re: Proclamation.
The communication asks Council to proclaim the week of October 21st, 1991, as
"Rett Syndrome Awareness Week".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the request be approved subject to established policy. carried Unanimously.
No. 255 - Gabriel Fontaine, MP - Re: New Canadian Constitution. The
communication asks Council to support the inclusion of an anti-deficit clause
in the new Canadian Constitution.
ORDERED on the motion of Alderman Orr~ seconded by Alderman Hendershot, that the
communication be tabled for one week and referred to the Solicitor's Department
for a legal opinion. Carried Unanimously.
No. 256 - Ministry of Natural Resources - Re~ Water Efficiency Strategy. The
communication invites the City of Niagara Falls to nominate a representative to
Participate and provide input for the strategy development process scheduled for
October 21 and 22, 1991, Queen's Park, Toronto; December, 1991~ January and
March 1992.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hineperger, that
Staff be authorized to participate in the strategy development process.
~arried Unanimously.
- 3 -
No. 257 - William Sicyak, Q.C. - Re: Estate of Antonio Pietrangelo. The
communication advises that the estate of Antonio Pietrangelo falls into the
category of Bill 25, with resect to testamentary devise, and asks the support
of council in enacting a by-law requesting the Ministry of Municipal Affairs to
make an Order giving effect to the provisions in the will which make testamentary
devises to the beneficiary.
ORDERED on the motion of Alderman err, seconded by Alderman Shetar, that the
matter be referred to Staff for a report at the next meeting of Council, with
comments from the Planning Department and Solicitor's Department. The motion
carried with the following vote:
AYE: Aldermen Cowan, Cummings, Hopkins, Janvary, Orr and Sherar.
NAYE: Aldermen Craitor, Hendershot and Hinsperger.
No. 258A - A. Douglas Birrell, Vice-President, operations, Skyline Hotels Niagara
- Re: Fireworks Display - october 5th, 1991, at 9:30 p.m. The communication
requests permission to hold the display to launch a Suzuki Canada 1992 national
product.
No. 258B - John Campbell, President, CANAZON - Re: Fireworks Display. The
communication advises that liability and property coverage insurance, in the
amount of $5,000,000 will be issued upon receipt of the confirmed order from
suzuki Canada Ltd., for the proposed fireworks display on October 5th, 1991.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that
the request be granted, subject to the approval of other agencies.
carried Unanimously.
No. 259 - The Corporation of the Township of Langley - Re: Request for Reduction
of Goods and Services Tax. The communication asks Council to support a
resolution to the Federal Government to reduce the GET.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the resolution be supported. Carried Unanimously.
REPORTS
B-91-63 Chief Administrative Officer Re: Stamford Arena Roof Truss
Improvements. The report recommends that Council approve the by-law appearing
on tonight's agenda, authorizing an agreement between the City and Warnor and
Bouw Welding and Fabricating Ltd. for roof truss improvements at Stamford
Memorial Arena.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-227.
MW-91-248 - Chief Administrative Officer - Re: Application for MOE Grants -
Lifellne Program - Oathedit Protection of Watermains. The report recommends that
a council Reeolution be paseed authorizing an application for grants under the
Ministry of the Environment "Lifeline Program" for cathodic Protection of
Watermains.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 41.
see4
- 4 -
MW-91-249 - Chief Administrative Officer - Re: Application for Lifeline Grants -
sewer Works, File #G-200-8. The report recommends that a Council Resolution be
passed to authorize an application to the Ministry of the Environment for
Lifeline Grants for various sanitary sewer projects throughout the city, to be
carried out in 1991.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
~ee Resolution No. 42.
MW-91-250 - Municipal Parking Co~ittee - Re: Committee Report: St. Patrick
School Request for School Crossing Guard. The report recommends the following:
1} That a school Crossing Guard not be implemented at the intersection of First
Avenue and Maple Street;
2) That crosswalks should not be painted at the intersection of First Avenue and
Maple street;
3) That a crosswalk should be painted on First Avenue at the st. Patrick School
gate access; and
4) That the necessary "School Area Ahead" signs be replaced.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion C~rried with the following vote:
AYE: Aldermen Cowan, Craitor, Hendershot, Hinsperger, Hopkins, Janvary, err and
Sherat.
NAYE: Alderman Cummings.
MW-91-253 - chief Administrative Officer - Re:
Carmel Area, River Realty Development (1976).
following:
Park Dedication in the Mount
The report recommends the
1) That the City convey Parts 4 and 10 on Reference Plan 59R~7092 to River Realty
Development (1976) Inc.;
2) That River Realty grant the city an easement over the same parcels in a form
satisfactory to the City Solicitor, for the purpose of improving or piping
the watercourse known as W-5-2;
3) That Council authorize Staff to prepare the necessary by-laws for the above
transactions.
ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
MW-91-254 (HANDOUT) - Municipal Works Committee - Re: Committee Report: Mewburn
Road Bridge at CN Rall Crossing. The report, which was considered earlier this
evening in Municipal Works Committee, recommends the following:
1) That the by-law appearing later on tonight's agenda for a two tonne load
restriction on the Mewburn Road bridge, be approved;
2) That the Mewburn Road bridge be closed to all traffic as of December 31, 1991,
if the required struotural repairs to the bridge girders have net been
initiated by that date;
3)
That Staff determine Jurisdictional responsibility for repairs between CN Rail
and the city for the bridge, and further, that a meeting be arranged between
the City and CN Rail to determine the Railway'a position with respect to this
bridge~ and
4) That Staff obtain cost estimates for the required structural repairs to the
bridge support steel girders.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-228.
MW-91-255 (HANDOUT) - Municipal Works Committee - Re: Committee Report:
Redesignation of Administrative Agent for Niagara North Board of Waste
Management. The report, which was considered earlier this evening in Municipal
Works Committee, recommends the following:
1) That the Regional Municipality of Niagara be advised that the City of Niagara
Fells wishes to terminate the Five Party Agreement dated 1990 10 08, between
the four area Municipalities and the Region, which designates the Region as
the Administrative Agent for the Niagara North Board of Waste Management;
2) That the City of St. Catharines be endorsed as the Administrative Agent for
the Niagara North Board of Waste Management and that the necessary Agreements
be entered into between the four area Municipalities in this regard.
ORDERED on the motion of Alderman Binsperger, seconded by Alderman Sherat, that
the report be received and adopted. Carried Unanimous3y.
F-91-34 Finance Committee Re: Committee Reports: (1) Correspondence
received: Mr. J. Sprac~man; (2) FC-91-21, Tax Penalties; (3) Statement of
Revenue & Expenditure. The Finance Committee recommends that Council receive
the above items for informational purposes.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hopkins, that
the report be received and adopted. Carried Unanimously.
F-91-35 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $12,548,710.88, for the period ending
September 23, 1991, be approved by the passing of the by-law appearing later on
the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. The motion Carried with Aldermen Hendershot,
Binsperger, Janvary and Orr abstaining from the vote on conflicts of interest
on Cheque Numbers previously recorded.
See By-law No. 91-230.
CD-91~61 - Chief Administrative Officer - Re: 1991 Municipal Election Question.
The report recommends that council pass the by-law appearing on this evening's
agenda, with regard to the question to be placed on the ballot with respect to
Regional Government.
ORDERED on the motion of Alderman Hopkins, aeconded by Alderman Cummings, that
the report be received and adopted. carried Unanimously.
See By-law No. 91-229.
CD-91-62 - Chief Aa-lnistrative Officer - Re: Special Occasion Permit - Tender
Wishes Foundation Inc. 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 Hendershot, seconded by Alderman cummings, that
the report be received and adopted. carried Unanimousl~_~
- 6 -
No. S-91-36 (H~NDO~rT) - City Solicitor - Re: CNR Company Transfer of Easement
to the City, South Side of Morrison Street, East Side of Dorchester Road -
Condition for L.D.C. Consent B-186/91. The report, which was approved earlier
this evening in Committee of the Whole, recommends that the Transfer of Easement
from Canadian National Railway company to the City be accepted by Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 41 ~ BOPKINS - CD14MINGS - RESOLVED that the Council of the City of Niagara
Falls authorize an application to the Ministry of the Environment under the
Lifeline Grant Program, for Cathodic Protection of Watermains on the following
streets:
- Cherrygrove Road from Dorchester Road to Pettit Avenue;
- Pinedale Drive from Dorchester Road to north limit;
- Cherryhill Drive from Pinedale Drive to Cherrygrove Road;
- Dovewood Drive from Cherrygrove Road to north limit;
- Randy Drive from Dovewood Drive to Cherrygrove Road;
- Pettit Avenue from south of Dotsen Drive to Glengate Street;
- Portage Road from Swayze Drive to Mountain Road;
- Harvey Street from Portage Road to west limit;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl .
No. 42 - CUMMINGS - BINSPERGER - RESOLVED that the council of the City of Niagara
Falls authorize an application to the Ministry of the Environment under the
Lifeline Grant Program, for various sanitary sewer projects throughout the City,
to be carried out in 1992; AND the Seal of the Corporation be hereto affixed.
Carried UnaE
BZ-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orrt that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No. 91-226 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Report MW-91-180 approved by
council August 26, 1991).
No. 91-227 - A by-law to authorize the execution of an agreement with Warner &
Bouw Welding & Fabricating Ltd. for roof truss improvements at the
Stamford Memorial Arena. (Report B-91-63}.
91-228 - A by-law restricting the weight of vehicles passing over a bridge
on Mewburn Road. (Report MW-91-254).
No. 91-229 - A by-law to authorize the inclusion Of a question on the Ballot for
the 1991 Municipal Election.
No. 91-230 - A by-law to provide monies for general purposes. ($12~548,710.88 to
September 23, 1991).
The motion carried with Aldermen Hendershot, Hinsperger, Janvary and err
abstaining from the vote on By-law No. 91-230, on confliste of interest
Previously recorded; and with all others voting in faveur.
.ee7
- 7 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
following by-laws be now read a second and third time:
No. 91-226 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads.
No. 91-227
A by-law to authorize the execution of an agreement with Warner &
Bouw Welding & Fabricating Ltd. for roof truss improvements at the
Stamford Memorial Arena.
NO. 91-228
No. 91-229
A by-law restricting the weight of vehicles passing over a bridge
on Mewburn Road.
A by-law to authorize the inclusion of a question on the Ballot for
the 1991 Municipal Election.
No. 91-230 - A by-law to provide monies for general purposes. ($12,548,710.88 to
September 23, 1991).
The motion ~arried with Aldermen Hendershot, Hinsperger, Janvary and Orr
abstaining from the vote on By-law No. 91-230, on conflicts of interest
previously recorded; and with all others voting in fayour.
NEW BUSINESS
I~EMS OF INTERESTI
By-law No. 72-176, A by-law to amend By-law No. 6661 with respect to signs in
the City of Niagara Falls -
Alderman Craitor referred to the placement of signs by candidates during the
election process.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that Council
allow candidates' signs to be placed on the road allowance during the period of
three weeks at election time. The motion was Defeated with the following vote:
AYE: Aldermen Craitor and Orr.
NAYE: Aldermen Cowan, Cummings, Hendershot, Hinsperger, Hopkinst Janvary and
Shetar.
Staff was asked to prepare a report for the next meeting of Council with
further details regarding enforcement of the sign by-law and fine.
, , , , ,
It was moved by Alderman Orr, seconded by Alderman Sherat, that the meeting
adjourn. Carried Unanimousiv.
READ 'AND ADOPTED,
' WILLIAM S. S~RTON
· HIRTY-SECOI~D MEETING
COl~ff4I~v~EE OF T]~E WIIOLE
Committee Room #2
September 30, 1991
council met on Monday, September 30th, 1991, at 6:30 p.m., in Committee of
the Whole. All members of Council, with the exception of Alderman Hinsperger
who was on vacation, were present. Alderman Cummings presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
E. C. WAGG, CITY CLERK
WILLIAM S. SMEATON
REGUI~ MEETING
Council Chambers
September 30, 1991
Council met on Monday, september 30th, 1991, at 7:30 p.m., for the purpose
of considering regular business. All members of Council, with the exception of
Alderman Hinsperger who was on vacation, were present. His Worship Mayor Smeaton
presided as Chairman, and offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the
minutes of the meeting held September 23rd, 1991, be adopted as printed.
Carried Unanimousiv.
CONFLICTS OF INTEREST
Alderman Puttick declared a conflict of interest on By-law No. 91-226, St.
Peter Avenue signs (September 23, 1991 council meeting).
PRESENTATIONS
Festival of Lights -
Mr. George Bailey, Volunteer Chairman, Winter Festival of Lights presented
"Sparkles", mascot for the Festival of Lights, to Council. Mr. Bailey stated
that there would be a "keener and leaner" festival this year, but with an
excellent program, commencing November 23, 1991 until January 23, 1992. Mr.
Bailey stated that a non-alcoholic family New Year Celebration is planned, Winter
Festival of Lights, Chippawn Parade, with several service clubs involved in
providing food and beverages, sleigh rides, senior citizens dance, kite flying
contest, chili cookout, Karaoke contest.
Hie Worship Mayor Smeaton thanked Mr. Bailey for his presentation, and thanked
the Niagara Falls canada Visitor and convention Bureau and the Niagara Parks
Commission for their involvement in this year's festival.
Communication NO. 260 - Niagara Parks Commission - Re: Fireworks Display. The
communication requests permission to hold 2 - 5 minute fireworks displays over
the Falls on the nights of November 23 and December 31, 1991, as part of the
Festival of Lights.
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimousl .
EDAAmbasador Award -
Mr. Cliff Thompson, Plant Manager, Cyro Canada Inc., presented a brief history
of the Ford-Niagara Glass Plant. Mr. Thompson stated that the Ford-Niagara Glass
Plant had opened 30 years ago and over the years the plant has expanded to more
than twice its original size. In 1988, the Niagara Falls plant was awarded with
Ford's highest award, the Q1 Award for Quality.
Mr. Thompson stated that Tom Mullen, Plant Manager of Niagara Glass Plant
who would be accepting the Aa~oassador Award, has been with the Ford Motor Company
for 25 years and that before employment with the Ford Motor Company, Mr. Mullen
was in the U.S. Navy as a pilot for 10 years.
His Worship Mayor smeaton presented the Ambassador Award to Mr. Mullen and
thanked the Ford'e Glass Division for bringing proud recognition to the City of
Niagara Falls and for their continual contribution to the economic success of
our community.
DEPUTATIONS
Y.W.C.A. of Niagara Falls
Ms. Edie Rosenblatt, President, YWCA introduced Ms. Janice Wiggins, the new
Executive Director, YWCA to Council. Ms. Wiggins briefly discussed programs such
as child care, and health care, and services, such as the YWCA residence, that
encourages individual development and self-reliance within the community. Ms.
Wiggins invited members of council to visit the facilities at 6135 culp 6treet.
His Worship Mayor Smeaton welcomed Ms. Wiggins back to the community and
thanked her for her presentation.
A.I.D.S. (Acquired Immune Deficiency Syndrome) -
Ms. Joan Blanchard, Community Relations Director, thanked Council for
proclaiming October 7th to 13th, 1991, as "Aids Awareness Week". Ms. Blanchard
provided a profile of the number of reported cases in Ontario and Niagara Falls
of the disease and informed that the best prevention is through education and
awareness.
His Worship Mayor Smeaton thanked Ms. Blanchard for her presentation and
stated that the community is appreciative of the work being done by the
organization.
Report S-91-39 - Testamentary Devise - Bill 25 - Estate of antonlo Pietrangelo,
Psrts 1 to 16, on Reference Plan 59R-3305. The report recommends that this
report be received for the information of Council.
- 3 -
Report PD-91-140 - Testamentary Devise - Estate of Antonio Pietrangelo, Montrose
Road and Carl Road Former Township 'of Crowland, now the City of Niagara Falls.
The report recommends the following:
(a)
That Council defer its decision on the passing of a by-law requesting the
Minister of Municipal Affairs to make an Order until such time as council
considers a future staff report on the Testamentary Devise issue;
{b) That the solicitor for the Estate of Antonio Pietrangelo be advised.
The Director of Planning & Development discussed the enactment of Bill 25,
which prohibits land division by wills, and stated that the lots in question,
do not comply with the minimum requirements of the City's Zoning By-law, which
is 3 acres and the lots in question are slightly greater than 1 acre.
The Solicitor stated that Bill 25 allows for special cases to permit the
subdivision of land, if a by-law is passed requesting a Minister's order for the
subdivision of the lands referred to in the will.
Mr. William Slovak, Q.C., Solicitor, acting on behalf of the family of Mr.
Antonio Pietrangelo stated that Mrs. Pietrangelo wishes to settle the estate and
to be relieved of the anxieties pertaining to this matter. Mr. Slovak further
stated that the request of the family is that Council enact a by-law to direct
the Minister to validate the devises in the will.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that
Council pass by-law requesting the Minister to permit "without prejudice' the
subdivision of the land by the validation of the testamentary devise subject to
compliance with the provisions of the Planning Act. qarried Unanimously.
, , · ~
His Worship Mayor smeaton declared a one minute recess to provide an opportunity
for members of the public, who wished to do so, to clear Council Chambers.
Following the recess, Council reoonvened for the balance of the meeting.
· , , , ,
Prostitution
Mr. Dick Rogers~ Rogers Furniture addressed Council on behalf of the downtown
merchants and residents of the Queen, Chrysler and Park Street areas. Mr. Rogers
~ stated that the revitalization of the downtown area is very counter-productive
~ when merchants and residents are confronted with prostitutes, various apparatus
~, used for the purpose of injecting narcotics, and other items that are found daily
in the alleyways and doorways of business establishments and residences. Mr.
R0gers stated that merchants are disgusted with cleaning up the area prior to
opening their establishments.
Mr. Rogers requested that the services of a group such as the Guardian Angels
be solicited or have foot patrol officers patrolling the downtown area.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
Mayor meet with the Police Chief on Tuesday, a.m. to express the extreme concern
of the downtows merchants, to discuss and get direction if anything further can
be done and report back to council with recommendations, and further, that the
Police and members of Regional council be invited to attend. carried
Unanimously.
UNFINISHED BUSINESS
PD-91-134, New Official Plan - Chief Administrative Officer.
recommends the following:
The report
(2)
That Council receive this report and adopt the new Official Plan by-law
with the exclusion of Tourist Commercial and Resort Commercial policies
which will be subject to a future public meeting and Council consideration
upon the completion of the Tourism Master Plan;
That the New official Plan be circulated together will all relevant
material to the Ministry of Municipal Affairs for final approval.
Letters from Kelly G. Yerxa, solicitor for Consumers Gas CO. Ltd; John A. Chotka,
President, Board of Directors, Niagara South Condo Corp. #25; Martin Vieira, Jack
Lee, Walter Nawrocki, Westley Steele and Mrs. S. Roy; and Petition from concerned
residents in the Mewburn Rd., Scholfield St., and Mountain Rd. area, which were
dealt with during the meeting.
Communication NO. 261A - (HANDOUT) - T. A. Richardson, Sullivan, Mahone~,
Solicitors. Re: City of Niagara Falls Draft Official Plan. The communication
requests the opportunity to address Council and request that Council retain the
residential designation of the subject lands.
Communication No. 261B - (HANDOUT) - Mr. John Rodey, Mountainview Homes. The
communication asks that Council leave the designation on the property as Tourist
Commercial and defer the consideration of any change on this property until after
the rezoning application has been heard.
Mr. Tom Richardson, Solicitor, addressed Council on behalf of the residents
of Mount Forest Village, 2720 Mewburn Road, Niagara Falls. Mr. Richardson
referred to the recommended designation of the Price Club lands which were to
be designated residential, but stated that at the public meeting of September
9, 1991, the report clearly indicated the former designation Of the lands,
Tourist Commercial would remain.
Mr. Richardson requested that Council retain the recommended residential
designation or the alternative that the lands be designated as a study area.
Mr. John Rodey, Mountainview Homes, addressed Council regarding the parcel
of land located on the southside of Mountain Road, east of the QEW, and requested
that the p~operty be retained as a tourist commercial designation and to defer
consideration of any change until after the rezoning application on the property
has been heard.
The Director of Planning and Development responded to Mr. Rodey's concerns
and stated that he concurred with all the statements made and recommended that
the designation be retained as tourist commercial until public hearings.
The Director of Planning and Development responded to Mr. Riehardeon's
concerns and stated that the property is presently zoned tourist commercial and
recommended thst it be allowed to remain, in effect, until public hearings.
It was moved by Alderman Cummings, seconded by Alderman err that the 15 acre
Price Club area be designated residential. The motion was Defeated with the
following vote: '
AYE: Aldermen Craitor, Cummings, err, Puttick, and Sherat.
NAYE~ Aldermen Campbell, Cowan, Janvary, Hendershot, Hopkins, and Ward.
Following further discussion, it was moved by Alderman Campbell, seconded by
Alderman Hendershot that the 15 asre Price club lands be designated as a special
study area. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor,
Puttick and Ward.
NAYE: Aldermen cummings and sherar.
Janvary, Hendershot, Hopkins, Orr,
Mr. Jim Distan, Consumers Gas Company, addressed Council regarding the
Consumers Gas Building on McLeod Road, and stated the property is presently
zoned Industrial, and that Consumers Gas has proceeded to market the property
as business offices/professional offices/warehouse. Mr. Distan requested to have
the Residential designation deferred until further discussions.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
Consumers Gas Building property be designated as a special policy area. Carried
Unanimously.
Following further discussion, it was moved by Alderman Janvary, seconded by
Alderman Craitor, that the North end of St. Paul Street, Steeles Market area,
be designated as a special policy area. Carried Unanimously.
The Director Of Planning & Development stated that staff will bring studies
forward to the Council of the day regarding the Price Club designations and
Consumers Gas, and referred to the special policy area designations which allow
industry to remain in the designated areas until such time that the area is
bought or is utilized for other specific use.
The Director of Planning & Development requested permission to make minor word
changes as suggested by the Ministry of Natural Resources.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, to allow
minor word changes as suggested by the Ministry of Natural Resources.
Report S-91-38 - chief Administrative Officer - Re: The Inclusion of an Anti-
deficit clause in the New Canadian Constitution. The report recommends that this
report be received for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the report be received and filed. Carried Unanimousl~
Report B-91-65 - Chief Administrative Officer - Re: Sign By-law 6661. The report
recommends that the information be received and filed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the
report be received and filed. Carried Unanimously.
REPORT C-91-01 - Chief Administrative Officer - Re: Capital Expenditure By-law -
Library Expansion. The report recommends that if Council agrees with the request
of the Library Board attached hereto, that it give first and second reading to
the by-law appearing on tonight's agenda, approving an application of the Niagara
Falls Public Library Board for the issue of debentures in the amount of one
million dollars.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that
the report be approved with the understanding this is not an authorization for
spending of funds. The motion carried with the following vote:
AYE: Aldermen traitor, Cummings, Hendershot,
Sherat and Ward.
NAYE: ALdermen cowan and Campbell.
Hopkins, Janvary, Orr, Puttick,
- 6 -
CO~JNICATIONS
No. 262 - Niagara Falls Public LibraE7 - Re: Proclamation. The communication
requests that Councll proclaim October 14-20, 1991, as "ontario Public Library
Week in Niagara Falls".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the request be approved subject to established policy. carried Unanimously_t
No. 263 - Family Counselling Centre - Re: Proclamation. The communication
requests that Council proclaim the week of October 7-13, 1991, as "Family Week".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the request be approved subject to established policy. Carried Unanimously.
No. 264 - Director of Fire Prevention - Re: Proclamation. The communication
requests that Council proclaim the week of October 6-12, 1991, as "Fire
Prevention Week".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the request be approved subject to established policy. Carried Unanimously.
No. 265 - Michael D. Harris, MPp. Re: Balanced Budget Bill. The communication
encourages Council to forward a resolution to the Premier of Ontario to allow
the inclusion of a balanced budged question on the Municipal ballot.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
communication be received and filed. carried Unanimously.
No. 266 - Global Television Network - Re: CRTC Application. The communication
requests Council to support the application to broadcast on VHF Channel 55.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hendershot, to
support the application. Carried Unanimously.
REPORTS
B-91-64 - Chief Administrative Officer Re: Site Plan Approval, Proposed
Building Addition/Rainbow Auto Parts, 5207 Kalar Road; committee of Adjustment
A-19/91, Site Plan Control 15-91. The report recommends that the Council approve
the site plan(s) on display at tonight's meeting, being a proposed building
addition, and the Site Plan being drawing number 1, and filed with the Buildings
and Inspections Department Of the City of Niagara Falls on September 25, 1991
and that such approval be subject to the following conditions:
(a)
That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the City) the
following facilities and works shown on the said Site Plan(s).
Three access ramp(s) to provide ingress and egress between the
property and Kalar Road which shall be in the location and of the
width shown on the Site Plan together with the curbings shown on the
Site Plan.
Eight off-street parking spaces and the access driveway, all having
dimensions and being in the locations shown on the Site Plan and
which shall be surfaced with hot mix asphalt or approved equivalent,
together with all of the eurbings shown on the Site Plan.
concrete sidewalks of the dimensions and in the locations shown on
the Site Plan.
Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential or institutional districts or uses and away
from traffic or adjoining roadways.
- 7 -
The fence, trees, shrubs and other landscaping of the types and in
the locations shown on the Site Plan to be constructed.
The facilities for the storage of garbage and other waste material
in the location shown on the Site Plan, which shall be surfaced with
concrete or equivalent to be constructed.
Such grading or alterations in elevation as shall be necessary to
provide the elevations on the Site Plan together with all of the
facilities and works for the disposal of storm, surface and waste
water shown on the Site Plan.
b)
and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expense of the owner, the facilities or works
mentioned in paragraphs 1,2,3,4,5,6, and 7 of clause (a) above, including
the removal of snow from access ramps and driveways, parking and loading
areas and walkways.
c) and further that the owner be required to enter into a Site Plan Agreement
with the City dealing with the facilities, works and matters enumerated above.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
report be received and adopted. Carried UnanimousIv.
PD-91-131 - Chief Administrative Officer - Re: Interim control Amendment
Application IMC-18/91, Richard Alan Clare. The report recommends the following:
1) That Interim Control Amendment Application IMC-18/91 be approved, subject
to the conditions of this report;
2) That Council adopt the respective by-law appearing on tonight's agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
PD-91-138 - Chief Administrative Officer - Re: Niagara Escarpment Development
Permit N/S 91-92/124, AI Giammattola, Pine Tree Village Mobile Home Park. The
report recommends the following=
1) That the Niagara Escarpment Commission be advised that the City of Niagara
Falls objects to Development Permit Application N/S 91-92/124 for the
expansion Of the number of mobile home park units from 54 to 70 units;
~r 2) That a copy of this report be forwarded to the Niagara Escarpment Commission
~ for the commission's review;
3) That Council authorize the attendance of appropriate staff for any hearing
necessary on this matter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Cowan, Craitor, Cummings,
Puttick, Sherat, and Ward.
NAYE: Alderman Campbell.
Hendershot# Hopkins, Janvary, Orr,
MW-91-257, Municipal Works Committee - Re: Municipal Works Committee Report:
Basketball Post & Hoop on Petrullo Court. The report recommends the following:
1) That the owners of 7411 Petrullo court, Keyin and Kim Pritula, be required
to remove the basketball post and hoop presently located on the Petrullo court
road allowance as soon as possible;
- 8 -
2} That City staff attempt to install a basketball hoop and hard playing surface
in the Bambi Park this Fall.
ORDERED on the motion of Alderman Sherat, seconded by Alderman err, that the
report be received and adopted. Carried Unanimously=
MW-91-258, Municipal Works Committee - Re: Banting Avenue (Chippawa) Request for
No Parking Restriction. The report recommends the following:
1)
That a parking restriction be implemented on the north-east side of Banting
Avenue (adjacent to Chippawa Lions Park) between Welland Street and the south
entrance t the Fire Hall, at all times;
2) That the By-law amending By-law 89-2000 (being a by-law to regulate parking
and traffic on City roads) appearing later on tonight#s agenda, be approved;
3)
That the matter of extension of this parking restriction around the remainder
of the perimeter of the Chippawa Lions Park be referred to staff for further
investigation;
4)
That investigation be carried out by City staff to determine the possibility
of implementing no parking restrictions adjacent to unfenced City Parks for
the safety of children and vehicular traffic.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the report be received and adopted. Carried Unanimously.
MW-91-259, Municipal Works Committee - Re: Action Plan for Chippawa Community
sewer System. The report recommends the following:
1) That Council endorse the action plan in this report to eliminate the risk of
basement flooding in the Chippawa Residential Community;
2)
That development and redevelopment be permitted to take place within the
existing built-up Chippawa Community and Stanley Avenue industrial area on
the basis of a 6:1 extraneous flow removal quota;
3) That extraneous flow removal initiatives be directed towards the Stanley
Avenue industrial area initially;
4)
That extraneous flow removal works in the Stanley Avenue area be financed
through the development quota, with staff to report back in a further report
as to whether the property owner and City should participate in cost-sharing
for these works;
5)
That lifting Of the freeze on the undeveloped areas of the Chippawa; Community
not be reconsidered until after completion of the City-Wide Sewer
Infrastructure Needs Program scheduled for January 1994 (Refer to Figure 1);
6) That council authorize staff to submit LifeLine Grant Applications for 1/3
funding from the Ministry of the Environment for the Niagara Street Sanitary
Sewer Reconstruction Project, the Sarah Street Basement Flooding Elimination
Remedial Works Project, and the Chippawa Sewer Gel sealing 1992 Repair Works
Program.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the
report be received and adopted. Carried Unanimouslv~
MW-91-260, Municipal Works Committee - Re: Improvements to Victoria Avenue
Tourist Area (near Centre Street). The report recommends that staff be
authorized to further investigate improvement alternatives to the Tourist Area
along Victoria Avenue near Centre Street.
ORDERED on the motion of Alderman craitor, seconded by Alderman Ward, that the
report be received and adopted. carried Unanimously=
MW-91-261 - Chief Administrative Officer - Re: Royal Canadian Legion, Branch 51 -
parade, Sunday, October 6, 1991. The report recommends that the Branch 51, Royal
Canadian Legion Parade scheduled for Sunday, october 6, 1991 be approved subject
to the provision of providing two police escorts.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the received and adopted, subject to established policy. Carried Unanimously.
MW-91-262 - Chief Administrative Officer - Re: Skyline Hotels Niagara Falls
Avenue- Street Dance, Saturday, October 5, 1991. The report recommends that
Skyline Hotel Niagara's request to hold a procession on Falls Avenue between 8:15
p.m. and 9:15 p.m. On Saturday, october 5, 1991 be approved subject to the
following conditions:
1) That a copy of one million dollars ($1,000,000.00) liability insurance
indicating coverage for the City of Niagara Falls be presented to Staff prior
to the event.
2) That arrangements are made between the event organizer and the Niagara
Regional Police to ensure that two police officers are available for traffic
control at Clifton Hill and the entrance to the Rainbow Bridge and; an
appropriate number of officers are available for crowd control;
3) That all costs related to signing, barricading, clean-up, etc. are the
responsibility of the event organizer.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be approved and adopted subject to established policy. Carried
UnanimouslY-
FC-91-22 - Finance Committee - Re:1991 Debenture Issue. The report recommends
that the Finance Committee recommends that Council pass the Resolution requesting
the Regional Municipality of Niagara to issue debentures in accordance with the
terms and amounts as set out in the attached schedule.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan that the
report be received and adopted. Carried Unanimously-
FC-91-36 - chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $ 577,580.46 for the period ending
September 30, 1991 be approved by the passing of the by-law appearing later on
the agenda.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously-
See By-law No. 91-236.
Report S-91-37 - The Solicitor requested that the recommendation be adopted, and
Report On adults Only Video Store - The Solicitor requested the approval of the
direction, as had been approved in Committee of the Whole.
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the
recommendations and approvals be reseived and adopted. Carried Unanimousl ·
RESOLUTIONS
No. 43 - CU~4INOS - COWAN - RESOLVED that tL3 Council of the Corporation of the
City of Niagara Falls hereby requests the Regional Municipality of Niagara to
issue debentures in accordance with the terms and amounts set out below, and
further that the City confirms that it has entered into a contract for or
authorized the commencement of all works herein listed:
AND the Seal of the corporation be hereto affixed.
Carried Unanimous1 ·
- 10 -
By-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 91-231 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on city Roads. (parking - Banring Ave.)
No. 91-232 - A by-law to accept Letters of Credit.
No. 91-234 - A by-law to allow the maintaining and using of a building which
encroaches on Fifth Avenue.
No. 91-235 - A by-law to provide for the repeal of the Official Plan and
concurrent adoption of a new official Plan for the city of
Niagara Falls.
No. 91-236 - A by-law to provide monies for general purposes. ($577,580.46,
September 30, 1991).
Carried Unanlmousl ·
ORDERED on the motion of Alderman Cummings, seconded by Alderman Bherar, that
leave be granted to introduce the following by-law, and the by-law be read a
first time and second time:
No. 91-233 - A by-law approve an application of The Niagara Falls public
Library Board for the issue of debentures in the principal amount
of $1,000,000.00.
The motion Carried with the following vote:
AYE: Aldermen Craitor, Cummings, Hendershot, Hopkins, Janvaryt Orr, puttick,
Sherar, and Ward.
NAYE: Aldermen Campbell and Cowan.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hendershot, that
the following by-laws, be now read a second and third time:
No. 91-231 - A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads- (parking - Banring Ave.}
No. 91-232 - A by-law to accept Letters of Credit.
No. 91-234 - A by-law to allow the maintaining and using of a building which
encroaches on Fifth Avenue.
No. 91-235 - A by-law to provide for the repeal of the Official Plan and
concurrent adoption of a new Official Plan for the City of
Niagara Falls.
No. 91-238 - A by-law to provide monies for general purposes. (8577,580-46,
September 30, 1991).
- 11 -
NEW BUSINESS
parkinq Siqns
Alderman Cummings discussed the No Parking Signs at and around the Niagara Falls
Arena.
ORDERED on the motion of Riderman Cummings, seconded by Alderman Hendershot that
the matter be referred to Municipal Works.
Volunteer Recreation Niqht
Alderman Janvary referred to Friday, October 4th, 1991 as Volunteer Recreation
Night.
Calendar of Events
Alderman Janvary stated that a calendar of events might be presented at Council
meeting, and noted that Wednesday there is a luncheon regarding the United Way.
Alderman Hendershot stated that the Arts & Culture Committee is presently
preparing a calendar of upcoming events.
Lobby Decorations
Alderman puttick referred to the Lobby decoration (brickwork) from the Governor-
General's visit, and made a motion, which was seconded by Alderman Hendershot,
that the CAO bring back a report regarding retaining the decorations permanently.
Carried UnanlmouslV.
Railway Overgass
Alderman Puttick referred to the railway overpass on Mountain Road/Q.E.W-, and
stated that there are problems with the bridge markings-
Traffic Diversion
Alderman Sherat referred to the construction on Dorchester and Cropp Street and
stated that the traffic should be diverted to LaMarsh Street.
Alderman Puttick requested to know the number of retired people that are selling
their homes in Toronto and moving to Niagara Falls.
, , , , ·
It was moved by Alderman Mendershot, seconded by Alderman Sherat, that the
meeting adjourn. Carried UnanimouslY.
READ AND ADOPTED#
;A;Gi ......
>~~ATON
THIRTY-THIRD MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
October 7, 1991
Council met on Monday, October 7, 1991, at 4:30 p.m., in Committee of the
Whole. All members of Council, with the exception of Alderman Hinsperger who
was on vacation. were present. Alderman Sherar presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
WILLI~J4 S. SMEATON
pIj~NNING/REGUI.M~NEETING
Council Charmhers
October 7, 1991
Council met on Monday, October 7th, 1991, at 7:30 p.m., for the purpose of
considering Planning Matters and Regular Business. All members of Council, with
the exception of Alderman Hinsperger who was on vacation, were present. His
Worship Mayor Smeaton presided as chairman.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the
minutes of the meeting held September 30th, 1991, be adopted as printed.
Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Hendershot declared a conflict of interest on Report pD-91-143,
because it is his residence, and on Report pD-91-145, because a family member
has a store in the neighborhood.
Alderman Hopkins declared a conflict of interest on Report pD-91-143, because
his employer has a business relationship-
Alderman Orr declared a conflict of interest on Report pD-91-142, because
family member has adjacent property.
: Alderman Cowan declared a conflict of interest on Report pD-91-133, because
his employer has property.
REPORTS - pLANNING MATTER~
PD-91-139 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application AM-30/91 River Realty Development Inc. Part of Twp. Lots 62 & 72
Montrose & Thorold Stone Road. The report recommends the following:
1) That Council support the amendment to the zoning by-law to reduce the lands
designated for a community shopping centre and to permit a portion of it to
be further zoned and used in conjunction with an abutting service stationt
,
2)
That the applicant be required to make arrangements for the extension of full
municipal services to the site and the construction of sidewalks along Thorold
Stone And Montrose Road adjacent to the site, to the satisfaction of the
Director of Municipal Works;
3) That appropriate development charges be paid to the City which are in place
at the time of the development;
4)
That the amending by-law be prepared for enactment at a subsequent Council
meeting after the Regional Land Division Committee considers the severance
of the subject lands;
5) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
- AND -
Communication NO. 267 - D.A. Bonnell, C.N. - Engineering Services - Re: Proposed
Zoning By-law Amendment for Lands Located East of Montrose Road and North of
Thorold Stone Road. The communication expresses no objection to the proposal.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed under the Planning Act, 1983.
The Deputy Director of Planning and Development advised that the Notices of
the Public Hearing had been forwarded by first-class mail on June 6th, 1991, 31
days ago.
His Worship Mayor Smeaton received indication that Mr. Phil Fisher, Agent,
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 Deputy Director of Planning and Development discussed the subject lands
with the assistance of posted sketches; and reviewed the following information
included in Technical Report No. PD-91-135: Development Proposal; official Plan;
Zoning By-law; Surrounding Land Use; Comments from the Public Notification
Process; Planning Review; and Site Plan Review.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the
projest, and from persons opposed to the application.
Mr. Phil Fisher stated that he concurred to the report and had no objections
to the proposal.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting with respect to pD-91-139 closed.
ORDERED on the motion Of Alderman Cummings, seconded by Alderman Hendershot, that
~he report be received and adopted. Carried Unanimously.
PD-91-14~ Chief Administrative Officer Re: Official Plan Amendment
Application, O.P.A. 206, Drummond Oldfield Developments Incorporated Part Twp.
Lot 188, West Side of Drummond Road. The report recommends that council not
support the application to amend the City's Official Plan because the use of the
subject lands for residential purposes is a significant land use change without
the benefit of a secondary plan.
-AND -
Communication No. 268 - D. A. Bonnell, c.B. Engineering services - Re:
Located on the West Side of Drummond Road 150m North of Oldfield Road.
communication expresses no objection to the proposal.
Lands
The
T"
Communication No. 269 -cyro canada Inc., 8100 Dorchester Road - Re: Proposed
change to redesignate lands from Industrial to Residential. The communication
expresses the need for a buffer zone between lands used for industrial use and
those used for industry, and that the changes proposed bring residences too close
to existing industry.
- AND -
Communication No. 270 - Niagara Falls Economic Development Agency - Re: Official
Plan Amendment O.P.A. 206 - Marsulex. The communication expresses opposition
to the Official Plan Amendment and Re-zoning.
- AND -
communication NO. 271 - Marsulex Inc., 111 Gordon Baker Road, North York. Re:
Proposed Rezoning. The communication recommends that Council defeat the proposed
zoning amendment.
- AND -
Communication No. 272 - Ministry of Natural Resources - Re: Official Plan
Amendment, Part Lot 188, OPA 206, City of Niagara Falls. The conununication
recommends that the Official Plan Amendment incorporate a 50-foot natural
vegetative buffer measured horizontally outward from the upland edge of the
wetland boundary, or to the top of slope, whichever is greater, and that withln
this zone, there should be no disturbance (ie. vegetative removal, buildings,
placement or removal of fill}. This buffer should be placed in a restrictive
designation to ensure the maintenance of this buffer in its' natural state. The
communication further advises that development can occur outside o[ this wetland
and buffer area and should be designed in such a manner that it does not
negatively impact the adjacent wetland complex.
- AND -
Communication No. 273 - Municipal Works Department - Re: O.P.A. 206, Drummond
Oldfield Developments Inc. Part of Twp. Lot 188. The communication indicates
that the Department cannot comment fsvourably on the application until the issues
and concerns have been resolved and a mutually agreeable servicing concept has
been developed.
- AND -
Communication NO. 274 - Petition from the residents of the Ontario Hydro
corridor, in the area of the light industrial basin of Drummond and Oldfield
Roads. The communication vehemently opposes the proposed application to amend
the Official Plan from Light Industrial to Residential.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed would be the same as the previous application.
The Deputy Director of Planning and Development advised that the Notices of
the Public Hearing had been forwarded to the Niagara Falls Review, On
September 6, 1991, 31 days ago.
His Worship Mayor Smeaton received indication that Ms. Judy Piach, Planner,
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 discussed the subject lands
with the assistance of posted sketches; and reviewed the following information
included In Technical Report No. PD-91-137: Development Proposals Official Plan;
Surrounding Land Use; comments from the Public Notification Process; Planning
Review; and Site Plan Review.
HiS Worship Mayor Smeaton received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the
project, and a positive response from persons opposed to the application .
Mr. Robert Dyke, Mareulex Inc. (formerly C.I.L.) stated his company operates
a sulphuric acid storage and transfer depot, whereby the sulphuric acid is
transported from railway car to tan~ truck from the Niagara Depot located near
the corner of Oldfield and Drummond Road. Mr. Dyke indicated that despite the
best efforts of the company on not having any injuries or accidents to date, he
recommends that the proposed residential development not be adopted.
Mrs. pamela Fenwick, 6280 Ellsworth Place, expressed concern on behalf of
the residents living north of the Ontario Hydro corridor, the area of the light
industrial basin of Drummond and Oldfleld Roads, regarding the established
woodlot, which acts as a buffer between their properties and the industrial areas
of Oldfield Road; the devastation of the habitat of songbirds and wildlife in
the area.
Ms. Judy Piach, Planner, discussed the major land use change, the requirements
and necessity of a secondary plan; proximity of residences to Marsulex, the
Ministry of the Environment's Guidelines of 60 meters between residential and
industrial areas; the hydro corridor as an ineffective buffer, that a physical
barrier to deter noise, duet, and obnoxious odours, industrial views, would be
more appropriate. Ms. Piach discussed the gradation of land use; referred to
the pigneau property, designated as residential. Ms. Piach requested that
Council view the request favourably.
The Deputy Director of Planning and Development responded to questions
regarding dumping of waste material along Oldfield Road.
Mr. Dick Hodge, Engineer, Upper Canada Consultants, discussed servicing the
property whether it be designated industrial or residential. Mr. Hodge referred
to the following topics of the Planning Department Report, dated October 1, 1991:
Roadways; Water Distribution System; Storms Sewers/Sanitary Sewers. Mr. Hodge
noted that barriers such as berms and screening would change the amount of
available land for residential use and recommended that the 650 metre distance
remain.
Mrs. Ivy M. Dodman, 7685 Drummond Road, stated that there are four residences
that are much closer to the Cyro plant than the 650 metre distance.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting with respect to pD-91-141 closed.
ORDERED On the motion of Alderman Orr, seconded by Alderman Cummings, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Hendershot, Hopkins, Janvary,
Orr, Sherat and Ward.
NAYE: Alderman Puttick.
PD-gl-142 - Chief Administrative Officer - Re: Application for Condominium
Conversion Under the Rental Housing protection Aot, Niagara Manor, 4422 Huron
street -(CD-91-005). The report recommends the following:
1. That subject to the comments made at the public meeting and conditional upon
the findings of a further condominium subdivision application, Council could
approve of the application to exempt these units from the Rental Housing
Protection Act because it does not appear that the removal of these rental
units will adversely affect the supply of affordable rental housing in the
municipality;
2. That Council consider imposing conditions of approval outlined in this report
through an agreement with the applicant, registered on title;
- 5
~ 3. That the applicant submit to the municipality an application for condominium
subdivision.
-AND -
Communication No. 275 - Soclal Planning Council of Niagara Falls- Re:
Application No. CD-91-OO5, Condominium Conversion. The communication recommends
that Council consider the points outlined in the report to aesess the current
applLcation.
Hie Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed would be the same as the previous application.
The Deputy City Clerk advised that under the Rental Housing Protection Act,
the Notices of the Condominium Conversion Notification had been forwarded to the
Niagara Falls Review on September 20, 1991.
His Worship Mayor Smeaton received indication that Mr. David Brown, 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 discussed the subject property
with the assistance of posted sketches, and noted that although the application
represents a conversion to condominium, the units could still be utilized as
rental units.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the
project, and a positive response from persons opposed to the application.
Mrs. Janet Warner, along with other residents of the building, expressed
objections to the proposed condominium conversions and stated that they wished
to remain in the rental units.
Mr. David Brown, Solicitor for the applicant, reviewed the meetings held with
existing tenante of the rental units. Mr. Brown stated tenants were given a lease
offer of 3 yearst with 60-day notice clause, and were also given the option of
first refusal right to purchase the converted units.
The Deputy Director of Planning and Development responded to questions
regarding parking standards of 1.40 per unit as opposed to 1.0 parking space per
rental unit, as was ascertained at Committee of Adjustment.
Mr. Brown responded to questions regarding th~ saleability of units, average
cost per unit, and adequate parking spaces.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting with respect to PDo91-142 closed.
ORDERED on the motion Of Alderman Cummings, seconded by Alderman campbell, that
the report be received and adopted. The motion Carried with Alderman Orr
declaring a conflict of interest previously recorded and with the following vote:
AYE: Aldermen Campbell, Cowan, Cummings,
Sherat, and Ward.
NAYE: Aldermen craitor and Puttick.
Hendershot, Hopkins, Janvary, Orr,
PD-91-143 - Chief Administrative Officer - Re: Application for condominium
conversion Under the Rental Housing protection Act for 6128 Perkins Street.
(CD-91-004). The report recommends the fo~low~ng:
1) That Without Prejudice to a further condominium application and subject to
the co~unents made at the public meeting, Council could approve of the
application as the removal of these rental units does not appear to adversely
affect the supply of affordable rental housing in the municipality;
2) That Council consider imposing conditions of approval through an agreement
with the applicant, registered on title;
3) That the applicant submit to the Municipality an application for condominium
subdivision.
- ~3{D -
communication No. 277 - Social Planning Council of Niagara Falls- Re:
Application No. CD-91-004, Condominium Conversion. The communication recommends
that Council consider the points outlined in the report to assess the current
application.
His Worship Mayor Smeaton declared the Public Meeting open and explained the
procedure to be followed would be the same as the previous application.
The Deputy city Clerk advised that under the Rental Housing Protection Act,
the Notices of the Condominium Conversion Notification had been forwarded to the
Niagara Falls Review on September 20, 1991.
His Worship Mayor Smeaton received indication that Mr. sinclair, 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 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 discussed the subject property with
the assistance of posted sketches, and stated that there were sufficient parking
spaces for the units, but no commercial parking is available.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the
project, and from persons opposed to the application .
Mr. Brian Sinclair advised that tenants who did not wish to remain in the
building would be assisted financially with moving expenses and responded to
questions regarding availability of parking spaces, the average cost per unit.
Since no further comments were forthcoming, His Worship Mayor Smeaton declared
the Public Meeting with respect to PD-91-143 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. The motion Carrie~with Aldermen Hendershot and
Hopkins declaring conflicts of interset previously recorded and with all others
voting in fayour.
PD-gl-II4 - Chief Administrative Officer - Re: Regional Policy Plan Amendment
No. 56 Housing Objectives and policies. The report recommends that this report
be endorsed by Council and forwarded to the Ministry of Municipal Affairs for
consideration in the review of Regional Policy Plan Amendment No. 56.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons, in support or in opposition of the proposal.
The Deputy Director of Planning and Development advised that 25% of new units,
be provided as affordable housing, and responded to questions regarding secondary
plan processes, exemptions.
There being no further discussions, it was ORDERED on the motion of Alderman
Cummings, eeconded by Alderman Hendershot, that the report be received and
adopted. Carried Unanimously.
pD-91-145 - Chief Administrative Officer - Re: Zoning Amendment Application AM-
13/90 Gary Niven (In Trust), 4015 Dorchester Read, Southwest corner of Dorchester
& Thorold Stone Road, Determination of Need, Further Public Notice. The report
recommends the following:
1. That Council, prior to the passing of the amending by-law for the
neighbourhood commercial plaza and townhouse site, determine by resolution,
in accordance with Section 34 (16) of the Planning Act, that the changes
proposed to the schedule of the by-law after the holding of the public meeting
will not require the giving of further notice;
2. That council pass the amending by-law in accordance with Section 34 (17) of
the Planning Act.
The Deputy Director of Planning and Development advised that a Public Meeting
had been held on June 11, 1990, and the site Plan was approved on September 16,
1991.
Mr. Fred Paul, Developer, requested that no further public notices be
required.
His Worship Mayor Smeaton received a negative response to his request for
con~ents from persons, in support or in opposition of the proposal.
ORDERED on the motion of Alderman Cumminge, seconded by Alderman Craitor, that
the report be received and adopted. The motion carried with the following vote:
AYE: Aldermen Campbell, Craitor, cummings, Hendershot, Hopkins, err, Puttick,
Shetar, and Ward.
NAYE: Aldermen Cowan and Janvary.
See By-law No. 91-238.
MISCELLANEOUS pLANNING MATTER__S
PD-91-133, Chief Administrative Officer - Re: Regional Policy plan Amendment No.
63, c/o Hynde Paul Associates (Marie Iafrate), St. Paul Avenue and Mountain Road,
Part of Lots 16, 17, 24 & 25, former Township Of Stamford, now city of Niagara
Falls. The report recommends the following:
1) That the Regional Municipality of Niagara be advised that the Council of the
City of Niagara Falls recommends deferral of Amendment No. 63 to the Regional
Policy Plan to permit the expansion of the urban area boundaries until such
time as the necessary studies are completed which would allow for a full
review of the proposals to be undertaken;
~ 2) That the City withhold the processing of the proposed Official Plan amendment
! to the City's Official Plan until such time as the deferral has been dealt
with on the Regional Plan amendment.
His Worship Mayor Smeaton received a negative response to his request for
cements from persons, in support or in opposition of the proposal.
Mr. Fred Paul discussed the following: serviceabilitY of the property, urban
development, compaction of the site, environmental constraints.
The Deputy Director of Planning end Development referred to the subject lands
with the assistance of posted sketches and stated that when servicing schemes
were being developed, this area was not intended to be serviced through the
existing sewer system~ and would require a pumping station to accommodate the
whole area.
There being no further discussion, it was ORDERED on the motion of Alderman
Hopkins, seconded by Alderman Janvary, that the report be received and adopted.
The motion Carried with Alderman cowan declaring a conflict of interest
previously recorded and with all others voting in fayour.
- S -
REGULAR MEETING
COMFI~ICTS OF INTEREST
Alderman cummings declared a conflict of interest on Report No. F-91-37,
Cheque No. 71723, because a member of his family is employed by the agency, and
Report MW-91-275, because his employer is involved.
Alderman Sherar declared a conflict of interest on Report No. MW-91-275,
because his employer is involved.
DEPUTATIONS
Mr. Nayte Paxton, Flint, Michigan, addressed Council regarding the "Up With
people' group, an international cast of 125 students who will be performing a
2-hour musical show at the Brock Centre for the Arts Theatre, on October 9th,
and 10th, 1991. Mr. Paxton introduced Mr. Brad Trevors, from Iron Bridge, Sault
Ste. Marie, who gave a brief summary of the events the group had participated
in - a visit to the Pediatric/Geriatric Ward of the Greater Niagara General
Hospital where the group performed an international show; attended the Niagara
District Secondary School'e Drama Class; participated in the Niagara River Tour.
Mr. Treyors thanked Council for the Opportunity to see, first hand, how a City
Council works, and expressed appreciation for the great hospitality of the city.
His Worship Mayor Smeaton thanked Mr. Paxton and Mr. Trevors for their
presentation and extended best wishes oh behalf of council in their endeavors.
Prostitution
His Worship Mayor Smeaton referred to the concerns that had been addressed
by Mr. Dick Rogers, Rogers Furniture and the downtown merchants at Council
meeting on September 30, 1991, regarding the prostitution probleme in the Queen,
Chrysler and Park Street areas. His Worship advised that he had had discussions
regarding the matter with Police Chief Shovellet, and his senior staff, and the
Police Chief expressed he would not publicly disclose police practices since
there is a need for confidentiality in these matters. His Worship stated that
during the discussions it was established to petition court officials regarding
the type of charges being laid; also approaching the matter at a Federal level
by contacting Mr. Rob Nicholson and the crown Attorney'e office.
COMMUNICATIONS
Communication No. 279 - Downtown Board of Management - Re: Annual Pumpkin Feet
& Craft Show. The communication requests the use of Centennial Square on
saturday, October 26, 1991 from 10:00 a.m. to 5:00 p.m. for the 1st Annual
Pumpkin Feet & Craft Show.
ORDERED on the motion Of Alderman Wardt seconded by Alderman Bendershot, that
the request be received and adopted subject to established policy. Carried
Unanimously.
communication No. 280 - Tewnshlp of Ashfield - Re: Resolution that the Township
of Ashfield petition the Government of Canada to provide farmers with the same
4% level of Net Income Stabilization Account assistance as is being provided for
Saskatchewan farmers; that the Ontario government provide a top-up of
Agricultural Stabilization Act prices to the 95% level, and issue interim
payments on 1990/91 crop sales as was done in early spring under the Western
Grain Stabilization Assistance program, and that the Ontario Government continue
to pay the remaining 5%; that this resolution be circulated to all municipalities
in the Province of Ontario with a request that the resolution be endorsed and
that such endorsement be forwarded to Prime Minister of canada; Federal Minister
of Agriculture and Food; Premier of Ontario; Minister of Agriculture and Food;
Local M.P. and M.P.P.; Ministry of Agriculture and Food, District Office.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the communication be referred to Margaret Harrington, M.P.P., who is to report
back with further explanation and indepth background. Carried Unanimously.
B-91-67 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Senior
Citizen Resident, 7802 Lundy's Lane Between Montrose & Kalar Road;AM-37/89,
189; By-law 90-31; Committee of Adjustment A 32/91; Site Plan Control 16-91.
The report recommends that the Council approve the site plan(s) on display at
tonight's meeting, being a proposed Senior Citizen Residence, and the Site Plan
being drawing number I of 3, and the Site Servicing and Grading Plan being
drawing number 2 of 3 and the Site Plan Department of the City of Niagara Falls
on October 2, 1991 and that such approval he subject to the following conditions:
(a) That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the City) the
following facilities and works shown on the said site plan(s).
Two access ramp(s) to provide to the satisfaction of and at no
expense to the Corporation of the city of Niagara Falls (the City)
the following facilities and works shown on the said site plan(s).
Forty-one off-street parking spaces and the aocess driveways, all
having dimensions and being in the locations shown on the Site Plan
and which shall be surfaced with hot mix asphalt or approved
equivalent, together with all of the curbings shown on the site
Plan.
Concrete sidewalks of the dimensions and in the locations shown on
the Site Plan.
Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential or institutional districts or uses and away
from traffic or adjoining roadways.
The fence~ trees, shrube and other landscaping of the types and in
the locations shown on the Site Plan Landscaping to be constructed.
The facilities for the storage of garbage and other waste material
in the location shown on the site plan, which shall be surfaced with
concrete or equivalent to be constructed.
Such grading or alterations in elevation as shall be necessary to
provide the elevations on the Site servicing and Grading Plan
together with all of the facilities and works for the disposal of
storm, surface and waste water shown on the Site Servicing and
Grading Plan.
Se
A ten foot land dedication, in fayour of the Niagara Region along
the north property line abutting the south limit of Lundy's Lane to
facilitate the required road widening.
and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expense of the owner the facilities or works
mentioned in paragraphs 1,2,3,4,5,6,7, and 8 of clause (a) above, including
the removal of snow from acsess ramps and driveways, parking and loading
areas and walkways.
10 -
c) and further that the owner be required to enter into a site plan agreement
with the City dealing with the facilities, works and matters enumerated
above.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
MW-91-265 - Chief Administrative Officer - Re: Tender for Supply, Treatment and
Stockpiling Winder Sand - 1991-1992, Winter Season. The report recommends that
the unit prices submitted by the low tenderer, Walker Brothers, for supply and
delivery of winter sand, including the mixing of salt with this sand. be
accepted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
MW-91-266 - Chief Administrative Officer - Re: Sodium Chloride Tender. The
report recommends that the tendered price for sodium chloride, at a cost of
$34.83 from Akzo Salt Ltd., be accepted for the 1991-1992 Winter Season. G.S.T.
lees the Municipal G.S.T. rebate, plus Provincial Sales Tax, will add an
additional 11% to this cost.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Cowan, Craitor, Cummings, Hendershot, Janvary, err, Puttick,
Shetar, and Ward.
NAYE: Aldermen campbell and Hopkins.
MW-91-267 - Chief Administrative Officer - Re: Tenders for Rental of Snow Removal
Equipment for 1991-1992 Winter season. The report recommends that staff
recommends that the tenders received from:
1. Montgomery Bros. ConstructiOn for the rental of three (3) 4-wheel drive front-
end loaders and one (1} truck plow;
2. J. MacKenzie for the rental Of one (1) r-wheel drive front-end loader;
3. L. Walter & Sons Excavating Ltd. for the rental of one (1} grader;
4. Pizzi General Contracting for the rental of two (2) graders and one (1} 4-
wheel drive loader;
5. Modern crane for one (1) r-wheel front-end loader; for the purpose of snow
removal during the 1991-1992 Winter Season be accepted at hourly rates shown
on the tender summary sheet.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
MW-91-275 - Chief A~ministrative Officer - Re: Montrose Business Park Ceta Grant.
The report recommends that Council recelve and file this report.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
recommendation be received and adopted. The motion carried with Aldermen
Cummings and Sherar declaring conflicts of interest previously recorded and with
the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Hendershot, Hopkins, Janvary, err, and
Ward.
NAYE: Alderman Puttick.
MW-91-276 Municipal Works cesumittse - Re: committee Report: Extension to
Emergency certificate of Approval for Mountain Road to Landfill. The report
recommends that the Application to the Ministry of the Environment for a i Year
Extension to the Emergency Certificate of Approval for the Mountain Road
Landfill, be endorsed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
the report be received and adopted. Carried UnanimouslY.
11
F-91-38 - Finance Committee - Re: Committee Reports. The report recommends that
Council approve the Niagara Falls Public Library request for a variance on line
item in the 1991 budget over 10%.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimousiv_.
F-91-37 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling S5,568,513.86 for the period ending
October 7, 1991 be approved by the passing of the by-law appearing later on the
agenda.
Alderman Cummings declared a conflict of interest on Report No. F~91-37,
Cheque No. 71723, because a member of his family 'is employed by the agency.
Additional information was provided on Cheque No. 71759.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. The motion Carried with Alderman Cummings,
abstaining from the vote on Cheque Number conflict listed above, and with all
others voting in favour.
See By-law No. 91-242.
RESOLUTIONS
No. 44 CUMMINGS - WARD - RESOL~D that this Council does determine, in
accordance with Section 34 (16) of the Planning Act, 1983, that the changes to
Schedule 1 of By-law No. 90-200 (AM-13/90, Gary Niven (In Trust), South-west
corner of Thorold Stone and Dorchester Roads), 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.
The motion Carried with Alderman Mendershot abstaining from the vote on a
conflict of interest previously recorded, and with Aldermen Cowan and Janvary
voting contrary, and with all others voting in favour.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the following by-law be read a third and final time:
No. 91-233 - A by-law to approve an application of The Niagara Falls Public
Library Board for the issue of debentures in the principal
amount of $1,000,000.00.
The motion ~arried with the following vote:
AYE: Aldermen Craitor, Cummings, Hendershot, Hopkins, Janvary, err, Putti0k,
Sherat and Ward.
NAYE: Aldermen campbell and Cowan.
ORDERED on the motion Of Alderman Cummings, seconded by Alderman err, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No, 91-237 -
A by-law to request the Minister of Municipal Affairs to give
effect to the provisiona in a Will.
NO. 91'238 -
A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Fa~ls Planning area.
- 12
No. 91-239 - A by-law to amend By-law No. 90-329, as amended.
No. 91-240 - A by-law to authorize the execution of an agreement with Forest
Glen Estates (Niagara) Limited and others respecting the
proposed Mansions of Forest Glen condominium subdivision.
No. 91-241 - A by-law to amend By-law No. 79-200, as amended.
No. 91-242 - A by-law to provide monies for general purposes. ($5,568,513.86,
October 7, 1991).
The motion Carried with Alderman Cummings abstaining from the vote on by-law 91-
242, on conflict Of intereat previously recorded, and with all others voting in
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the following by-laws be now read a second and third time:
No. 91-237 - A by-law to request the Minister of Municipal Affairs to give
effect to the provisions in a Will.
No. 91-238 - A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning area.
No. 91-239 - A by-law to amend By-law No. 90-329, as amended.
No. 91-240 - A by-law to authorize the execution of an agreement with Forest
Glen Estates {Niagara) Limited and Others respecting the
proposed Mansions of Forest Glen condominium subdivision.
No. 91-241 - A by-law to amend By-law No. 79-200, as amended.
No. 91-242 - A by-law to provide monies for general purposes. ($5,568,513.86,
October 7, 1991).
The motion ~arried with Alderman Cummings abstaining from the vote on by-law 91-
242, on conflict of interest previously recorded, and with all others voting in
favour.
NEW BUSINESS
Get Well Card
Alderman Orr requested that a Get Well Card be sent to Council Secretary, Jeanne
Fry on her recent injury.
Pro~ect S.H.A.R.E.
Alderman Janvary informed that Project S.B.A.R.E. will be in effect on october
10~h~12th, 1991 and requested that all bags be filled.
Proposed Development charqes
His Worship Mayor Smeaton reminded Council of the proposed Development Charges
meeting on Tuesday, October 8, 1991 at 7~00 p.m. in Council chambers.
Pins Tree Mobile Home Park (A1. Giammatole) - The Solicitor requested that the
request regarding Pinetree Village be adopted, as had been approved in Committee
of the Whole.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
request be received and adopted. Carried UnanimouslY.
13
It was moved by Alderman Cummings, seconded by Alderman Orr, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
THIRTY-FOURTH MEETING
SPECIAL MEETING
Council Chambers
October 8th, 1991
Council met on Monday, October 8th, 1991, at 7:00 p.m., for the purpose
of a Public Meeting regarding the Development Charges Study and By-law. All
members of Council, with the exception of Alderman Hinsperger, who was on
vacation, were present. His Worship Mayor Smeaton presided as Chairman.
His Worship Mayor Smeaton declared the Public Meeting open on the proposed
development charges study, and stated the purpose of the development study was
to facilitate new development, industrial and/or residential. His Worship
advised that all City departments and staff had input in the report, along with
the construction industry and ratepayers. His Worship indicated that the
Regional Municipality of Niagara will be conducting their own development charges
meetings in Thorold.
His Worship Mayor Smeaton introduced Mr. Sam Iorfida, Developmen= Charges
Co~Ordinator, who informed that the Public Meeting was being held to allow
Consultants to present their final reports, and provide a brief summary of how
the process works.
The Development Charges Co-Ordinator introduced Mr. Robert C. O'Dell and
Mr. Ray Kessler, from the firm of Miller O'Dell Planning Consultants; Mr. Tom
Richardson, from the firm of Sullivan Mahoney.
The City Clerk advised that Notices of the Public Meeting had been
published in the Niagara Falls Review, Welland Tribune and the St. Catharines
Standard on September 17, 1991.
Mr. O'Dell provided a brief summary of the Development Charges Study and
informed that cost estimates, standards of service and projections were provided
from all City DepartmentS, including the Niagara Falls Public Library. Mr.
O'Deli stated that a preliminary report had been submitted in April, 1991 after
which tlmet it was amended and presented to Council on August 12, 1991. It was
further advised that the City's DevelopmentCharges Steering Committee authorized
Mr. David Bitkerr, Director of Budgets and Finance, Regional Municipality of
Halton; Mr. Jim Bruzzese, Director of Revenues, Regional Municipality of
Hamilton-Wentworth, and Mr. Dan Corwin, Finance Department, Region of Peel to
review the Consultant's Draft Final Report.
Mr. O'Dell informed that Public meetings were held on September 12, 1991
with comments and submissions from the B.I.L,D. Committee, the Niagara Falls/Fort
Erie Real Estate Association, the Social Planning Council of Niagara Falls, the
Niagara Falls Chamber of Commerce, telephone enquiries from Builders, Real Estate
Agents, and individual Developere. It was further stated that tonight's Public
Meeting was being held as a requirement of the Development Charges Act, which
requires that the City hold a minimum of one Public Meeting, and that a Special
Meeting, to pass the Development Charges By-law~ would be held immediately
following the Public Meeting.
Mr. Tom Richardson, Solicitor, referred to the contents of the by-law,
which included Residential~ Commercial, Industrial and Institutional Uses,
discussed urban and non-urban development rates; stated that the Province of
Ontario passed the Development Charges Aot in 1989 and a timeframe of two years
had been given whereby the development charges by-law would have to be in effect
by November 23, 1991.
The Development Charges Co-ordinator referred to the following items:
future municipal expenditures list; development charges on existing registered
Plans of subdivision; credit on re-development; negative impact of development
charges; impacts of development charge on affordable housing; the impact on
industry and commerce; the Shriner's Creek Agreement; Municipal Finance Officers
Assooiation of ontario review and Katarina Subdivision.
- 2 -
The Development Charges co-ordinator stated any increase in the development
charges may have some negative impact on development in the short term, but that
development charge rates and by-law are not only warranted but justified in order
to defray the costs of additional municipal services required to allow
development and re-development to occur in Niagara Falls, and indicated the only
other alternative would be to raise funds through the general mill rate.
His Worship Mayor Smeaton received a positive response to his reqsest for
comments from persons opposed to the development charges.
Ms. Mary Jones, representing the Niagara Falls/Fort Erie Real Estate
Association expressed concerns on the creation of a reserve fund, stated that
a 2% increase would have a negative impact on the housing market, and that the
real estate industry could not tolerate this increase.
Mr. Herman D'Amore requested that Council give special consideration to
exempting the Katarina subdivision from development charges and stated that the
draft approval of this subdivision had been delayed, and had he not entered into
the Subdivision Agreement, he would not be subject to the new rates. Mr. D'Amore
submitted a proposal from Kerry T. Howe Limited for engineering services on the
two properties and requested Council not to punish him for having done what he
was supposed to do.
The Chief Administrative Officer stated that a Schedule "F" to the
Development Charges By-law had been prepared should Council decide to exempt
Katarina Subdivision and he further stated that costs of present impost fees are
clearly identified in the schedule but that there is a time limitation, and that
all other provisions of the by-law would be adhered to. The Chief Administrative
Officer requested this matter would be dealt with as a separate item.
Mr. Steven Kaiser, Vice President, Niagara Home Builders Association stated
he represents an industry of workers, tradesmen, and suppliers who will face the
brunt of the development charges. He expressed concern regarding the proposed
lot levies, the future development of the area. Mr. Kaiser stated the proposed
by-law would not "kick start" our economy; that new business and employment
opportunities are needed in Niagara Falls.
Mr. Marcus Klein, Klein Construction, expressed concern regarding
affordable housing, the loss of tenants from established buildings due to
apartment charges. Mr. Klein stated developers will not consider apartment
projects if these development charges are put into place, that the development
charges will make it difficult for developers to build these buildings and these
costs would be a further burden to the taxpayer.
Ms. Julie Darnay, Social Planning Council, expressed concern that
development charges will reduce the affordability Of housing for low income
families, that increasing housing costs with fixed minimum unit subsidies (MUP's)
to construct affordable housing and referred to no reduction for small (40 foot)
lots.
Mr. Chuck Chattaway, Economic Development Agency, stated that comments from
the EDA had been submitted and they remain the same.
Hr. A/lan Goar, Group 2 Development Limited, requested that members of
Council modify the proposed by-lawbyphasing-in the proposed increases in three
equal annual steps beginning with the enactment of the by-law; that Council delay
indexing until 1994; and requested that the industrial development charges be
deleted. Mr. ~oar indimated that Council weigh the cost of the development
charges against the present economy and the need to attract industry to our City.
Mr. Rene Plcuffe stated the development charges would create an increase
in housing prices in Niagara Falls, and referred to the total or partial
exemptions as specified in the by-law being applicable to residents.
...3
Mr. Mueller expressed concern regarding industrial development, and
suggested that the City obtain a competitive edge, by offering perks and
incentives for industry to locate in Niagara Falls, this should be the number
one priority.
His Worship Mayor Smeaton requested that any further submissions pertaining
to the study be presented. Since no further comments were forthcoming, His
Worship Mayor Smeaton declared a lO-minute adjournment at 9:50 p.m.
Following the recess, Council reconvened at I0:00 p.m. to consider the
matter of the by-law in draft form with respect to Development Charges.
ORDERED On the motion of Alderman Cummings, seconded byAlderman Hendershot
that the matter be Tabled for three weeks to allow Council the opportunity of
reviewing the decisions made by the Region. The motion Carried with the
following vote:
AYE: Aldermen Cummings, Cowan, Craitor, Hendershot, Janvary, Sherat.
NAYE: Aldermen Campbell, Hopkins, puttick and Orr.
It was moved by Alderman Hendershot, seconded by Alderman Cummings~ that
the meeting adjourn. Carried Unanimousiv.
READ AND ADOPTED,
THIRTY-FIFTH MEETING
CO~4ITTEE OF THE WHOLE
Committee Room #2
October 21, 1991
Council met on Monday, October 21, 1991, at 6:30 p.m., in committee Of the
Whole- All members of Council, with the exception of Alderman Janvary, who was
away due to an illness in the family, were present. Alderman Cowan presided as
Chairman-
Following consideration Of the items presented, the conunittee of the Whole
arose to report in open session.
READ AND ADOPTED,
LE.
C. WAGG~
REGULM~ MEETING
Council Chambers
October 21, 1991
council met on Monday, October 21st, 1991, at 7:30 p.m., for the purpose of
considering Regular Business. All members of Council, with the exception of
Alderman Janvary, who was away due to an illness in the family, were present.
His Worship Mayor Smeaton presided as Chairman.
ADOPTION OF MI~Q/TEB
'~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the minutes of the planning/Regular nmeeting held October 7th, 1991, be
adopted as printed. Carried Unanimously-
CONFLICTS OF INTEREST
Alderman Hinsperger declared a conflict of interest on Report F-91-39, Cheque
Nos. 71799, 71800, 71801, 72028, because a member of his family is employed by
the company.
Alderman Hopkins declared a conflict of interest on Report CD-91-63, because
his employer has a business interest.
Alderman Craitor declared a conflict of interest on Deputation #2 regarding
Niagara Falls Minor Hockey Association, because he is a member of the Executive.
Alderman Campbell declared a conflict of interest on Report No. PD-91-149,
because his parents are involved in group opposing Walker Brothers.
Alderman Ward declared a conflict of interest on Report No. 8-91-41, because
he is a shareholder.
PRESENTATION
His Worship Mayor Smeaton introduced the Niagara Falls Soccer Club for Boys
Under 15, which is sponsored by the Niagara Falls Kiwanis club. His Worship
Mayor Smeaton stated that this is the first time in 10 years that a boy's soccer
team in the Peninsula has made the finals. The soccer team has won the Hamilton-
Wentworth Cup, and the Consolation Round at the East York Soccer Tournament.
His Worship congratulated and presented awards to Coach Aldo Curcio,
Assistant Coach Benny Elia, Manager Mr. Robin Watson, awards were presented to
team members: Kris Kuhn, Brian Watson, Robert Curcio, Eddie Curcio, Steve
Abbruscato, Tuck Kim, Lawrence Panetta, Joe Romeo, Mike Rudan, Altilio Vetere,
David Elia, Nathan Delveccio, Nich Cicchino, Andy Bosak, Mike Maiorano, and
Clayton Bohonet.
DEPUTATION
His Worship Mayor Smeaton introduced Mrs. Donna Bonato who addressed council
regarding the Niagara Falls Minor Hockey Association.
- AND -
Communication 281 - (Handout) Mrs. Donna Bonato~s Speech to Council.
Mrs. Bonato stated that the executive committee for the Association is a body
of volunteers that devote their free time to the 1, 100 children of the
community, who participate in hockey at a Triple A competitive level. She felt
that when a problem arises within the organization, a parent should be entitled
to have questions answered honestly, but that the executive committee makes rules
without proper research regarding the physical development of children, their
selection committees are designed to evaluate what they consider exceptional
players and to make assessments on the children involved, without having any
previous experience playing or teaching the positions.
Mrs. Bonato noted that Niagara Falls is offering out of town children the
opportunity to excel at a sport they should have an opportunity to play, but that
the children of Niagara Falls are being discriminated against by their own
association. Mrs. Bonato referred to Rule number 22 dealing with exceptional
player movement; a $500.00 donation which was given to the association by a
player's father and stated that favoritism seems to run rampant within the
Association. Mrs. Bonato requested that Council come forward and recognize these
children as people who should be entitled to equal rights and fairness from an
association that represents a sport they love.
Following further discussion, it was ORDERED on the motion of Alderman
Cumings, seconded by Alderman Campbell that the matter be referred to the
Recreation Commission. The motion Carried with Alderman Orr declaring a conflict
of interest, because members of her family are involved in the sport, and
Alderman Craitor abstaining from the vote on a conflict of interest previously
recorded, and with all others voting in fayour.
COMMUNICATIONS
Communication NO. 282A - Social planning Council of Niagara - Re: Ministry of
Housing Consultation Response. The communication responds to the Provincial
Governments request for input on how to mandate the four fundamental prinoiples
to assist in the development of Ontario's housing policies.
- AND -
Communication No. 282B - East Niagara Housing Authority Correspondence. The
communication acknowledges receipt of draft reports on the wFramework for
Housing. and "Government Land Use".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings that
the communications be received and filed. The motion Carried with the following
vote:
AYE: Aldermen Campbell, Cowan, Craitor, Cunmaings, Hendershot, Hinsperger,
Hopkins, Orr, Sherat and Ward.
NAYE: Alderman Puttick.
Communication No. 283 - Economic Development Agency - Re: Developing a marketing
strategy for economic development and the Visitor and Convention Bureau.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward that the
communication be received and filed. Carried Unanimously.
Communication No. 284 - Council on World Affairs, A.N. Myer secondary School -
Re: Proclamation. The communication requests that October 20th to 26th, 1991
be declared "United Nations Week".
ORDERED on the motion of Alderman Shetar, seconded by Alderman Hinsperger that
the request be received and adopted subject to established policy. Carried
Unanimously.
Communication No. 285 - Westlane Secondary School Re: Proclamation. The
communication requests that Thursday, october 24th, 1991 be proclaimed OSAID
(ontario Students Against Impaired Driving) Day.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
request be received and adopted subject to established policy. Carried
UnanimousiV.
REPORTS
B-91-68 - Chief Administrative Officer - Re: The Buildings and Inspections
Department Report for September, 1991. The report recommends that this report
be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor that
the report be received and adopted. Carried Unanimously.
B-91-69 - Chief Administrative Officer - Re= Asbestos Removal - King Edward
Hotel. The report recommends that Council approve the low tender of $9, 460.00
by Pro-Insul Limited to remove and dispose of the asbestos materials from the
former King Edward Hotel.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
B-91-70 - Chief Administrative Officer - Re: Roofing Replacement - F. H. Leslie
Pool Building. The report recommends that Walden Roofing be authorized to
replace the existing flat roof system at the F.H. Leslie Pool building for the
tendered price of $14,873.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted, and further that Director of Building Department
contact Niagara Falls Hydro to obtain an endorsement of workmanship of the
subject company. Carried Unanimously.
PD-91-147 - Chief Administrative Officer - Re: Application for Exemption from
Part Lot control Lot 74 and 75, Registered Plan 108, being Parts i and 2 on
Reference Plan 59R-7801~ 6808 and 6800 Cropp Street. The report recommends the
following:
l}
That the request from Mr. Andrew Henderson on behalf of his clients Mr.
and Mrs. Cassuci, to exempt 6808 and 6800 Cropp Street from Part Lot
Control be approved;
2)
That council pass the appropriate by-law to designate the lands exempt from
Part Lot Control; :
3) That the solicitor Of the applicant give notification to the City when the
deeds have been registered in order that the by-law be rescinded.
ORDERED on the motion cf Alderman Cummings, seconded by Alderman Shetar that the
report be received and adopted. Carried UnanimousIv.
~ee By-law No. 91-243.
pD-91-148 - Chief Administrative Officer - Re: Request for Extension to Draft
plan Approval Mount Carmel North Subdivision ~6T-89009. The report recommends
the following:
1) That a Council resolution supporting a one year extension to the Mount Carmel
North Draft Plan of Subdivision be adopted and forwarded to the Regional
Municipality of Niagara, conditional upon the applicant maintaining the
appropriate subdivision sign which complies with the Municipal and Regional
requirements;
2) That a copy of this report and Council's decision be forwarded to the Regional
Municipality of Niagara, and to Sinclair, Crowe.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimousli-
See Resolution No. 49.
pD-91-149 - Chief Administrative Officer - Re: Zoning Amendment Application
AM-25/87, Walker Brothers Quarries Ltd., Proposed Quarry Application. The report
recommends that Council request, by resolution, a Minister's Modification to the
new Official Plan to deeignate Areas 1 and 2 of Walker Brothers Quarries Limited
expansion for Extractive Industrial and Environmental protection purposes in
accordance with the September 9, 1991 decision of Council.
ORDERED on the motion of Alderman err, seconded by Alderman Ward, that the report
be received and adopted. The motion Carried with Alderman Campbell declaring
a conflict of lnterest previously recorded, and with the following vote:
AYE: Aldermen Cowan, Rinsperger, Hopkins, err, puttick, and Ward.
NAYE: Aldermen Craitor, Cummings, Mendershot and Sherat-
See Resolution No. 47.
PD-91-150 - Chief Administrative Officer - Re: policies for Affordable Housing
Provincial Study Grant. The report recommends that Council adopt a resolution
to request the final payment from the Ministry of Municipal affairs for the Land
Use Study for Affordable Rousing.
ORDERED on the motion of Alderman err, seconded by Alderman Mopkins, that the
report be received and adopted. Carried UnanimousiV.
See Resolution NO. 46..
MWo91-271 - Municipal Works Committee - Re: Municipal Works Committee Report:
Reconstruction of McDougall Crescent- The report recommends the following:
1) That the existing 24' wide road be reconstructed to the same width, with the
existing 5' wide sidewalks being reduced to 4' width, and utilize the extra
2'gained to shift the road and sidewalks northerly without telcoating the
hydro poles, and to essentially eliminat~ the existing 2' sidewalk
encroachment along the south property line.
2) That because of the substandard road width and road curvature, parking
restrictions should be implemented on one side of the street for improved
traffic safety.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
MW-91-278 - Municipal Works Committee - Re: Municipal Works Committee Report:
City Initiation of Road, Curb & Gutter Local Improvement Works. The report
recommends the following:
1) That the city of Niagara Falls initiates Lo~al Improvement By-laws, under
Section 12 of the Local Improvement Act, Chapter 250 for road improvements
and curb and gutter on the following groups of streets:
a) Pettit Avenue from the south limit of registered Plan 215 (approximately
Doreen Drive} to the north limit of Registered Plan 215 (approximately
Glengate Street).
b) Harvey Street from Portage Road to the west limit of Harvey Street.
2)
That the Local Improvement works on Sheldon Street from Drummond Road to the
west limit of Registered Plan 166 (west of St. James Avenue) for road
improvements and curb and gutters be included for consideration in the 1~92
capital budget.
3) Strang Drive from Sarah Street to Lament Avenue not be considered for Local
Improvement Works at this time and that a future report be presented
recentending when road improvements should be carried out.
ORDERED on the motion Of Alderman Cowan, seconded by Alderman Wardt that the
report be received and adopted. Carried Unanimously.
Following further discussion it was requested that the Director of Municipal
Works respond to the letter submitted by Mr. Fred Rieaer, requesting having
Strang Drive paved.
~ (i)
i (ii)
MW-91-279 - Municipal Works committee - Re: Municipal Works Committee Reports:
(I) January - september 1991 Construction Status Report; and (II) Advisory Report
- Petition from Epworth Circle Residents for Road Improvements. The report
recommends the following:
That MW-91-268 - January-September, 1991 Construction Status Report be
received for the information Of Council;
(a) That MW-91-270 - Epworth Circle petition for Road Resurfacing be
received for information;
(b) That upon approval by Council, a copy of this report is to be
provided to the residents of Epworth Circle explaining the City's
~ proposed schedule for improvements to their street-
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinnperger,
that the reports be received and adopted. carried Un~
MW-91-283 Chief Administrative Officer - Re: Contract #91-10, 1991 Tree
Planting contract. The report recommends that the unit prices submitted by
Landmark Landscape contractors Inc. be accepted and this contract be awarded to
their Firm.
- 6 -
It was recommended the contract go to the next lowest bidder, Outdoor Management,
Niagara Falls.
ORDERED On the motion Of Alderman Hendershot, seconded by Alderman Cummings,
that the contract be awarded to Outdoor Management, Niagara Falls. Carried
UnanimouslY-
See By-law No. 91-247.
MW-91-285 - Chief Administrative Officer - Re: Grant Application under Financial
Assistance program for the Solid Waste Management Program. The report recommends
that the City make application for grants under the Financial Assistance Program
for anticipated costs for the solid Waste Management Program, and that the Mayor
and Clerk be authorized to sign the Grant Application, on behalf of the City.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 48.
F-91-21 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,612,698.44 for the period ending
October 21, 1991 be approved by the passing of the by-law appearing later on the
agenda.
Additional information was provided on cheque N~s. 71996, 71884, 71897, 71862.
ORDERED On the motion of Alderman Ward, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimouslv~
FD-91-07 - chief Administrative Officer - Re: Purchase of 70 sets Bunker Gear.
The report recommends that Council approve the low tender bid for seventy (70)
sets of Bunker Gear from Safety Supply Canada at a cost of $48, 160.00 plus tax.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
R-91-42 - Finance Committee - Re: Skating Party. The report recommends that the
Finance Committee approve the use of Niagara Falls Memorial Arena for a staff
skating party on Thursday, December 17th, 1991.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. Carried UnanimouslY.
FC-91-17 - Finance Committee - Re: Telephone System, City Hall. The report
recommends that the Finance Committee approve and recommend to Council that the
Tender for a new digital telephone system for the City Hall by Northern Telecom
at a total cost of $97,677.45 as submitted by Talecommunications Terminal systems
be accepted.
ORDERED on the motion of Alderman cummings, seconded by Alderman Sherat, that
the report be received and adopted. The motion 9arrie~ with Alderman Hinsperger
:declaring a conflict of interest, because a family member is employed by the
company, and with the following vote:
AYE: Aldermen Campbell, cowan, Craitor, Cummings, Mendershot, Hopkins, Puttick,
Sherat, and Ward.
NAYE: Alderman orr.
8-91-41 - Chief A~ministrative Officer - He: Thoratone properties Inc., 5900
Thorold Stone Road, Ontario Municipal Board Mearing, OPA 188 and Zoning By-law
No. 90-154. The report recommends that because Thorstone properties Inc. the
owner/applicant has withdrawn its application for approval of OPA NO. 188 and
Zoning By-law No. 90-154 for a proposed bulk food store and no longer wlshes to
pursue these matters before the Ontario Munioipal Board, Council directs that
OPA No. 188 and Zoning By-law No. 90-154 are hereby repealed and that a by-law
be passed to that effect.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Henderehot, that
the report he 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 fayour.
See By-law No. 91-251.
S-91-42 - Chief Administrative Officer - Re: Pinetree Village Mobile Home Park,
Aldo and Cotfine Giammattolo. The report recommends for information only.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
S-91-43 - Chief Administrative Officer - Re: Activities of the Old Council
Following Polling Day and Prior to the New Council being Sworn. The report
recommends that this report be received for the information of Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and filed. Carried Unanimously.
R-91-39 - Chief Administrative Officer - Re: Sports Wall of Fame Inductsee &
Induction Ceremony. The report recommends that Council approve the listed
Inducteee to the Sports Wall of Fame. ~
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
the report be received and adopted. Carried Unanimously.
R-91-40 - Chief Administrative Officer - Re: Firehall Theatre Renovations. The
report reconunends that City Staff and the Niagara Falls Music Theatre society
be authorized to make application to the Ministry of Culture and Communication,
Arts Facility Upgrading program, for the third phase of renovations at the
Fireball Theatre.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimousiv..
R-91-41 - Chief Administrative Officer - Re: Floral Display, City Hall. The
report recommends that Council consider continuing the Floral Display as
developed for the Governor General's visit.
ORDERED on the motion of Alderman Puttick, seconded by Alderman campbell, that
the report be received and adopted- Carried Unanimously.
CD-91-59 - Chief Administrative Officer - Re: -Weaver Homestead", Lot 18 and city
Owned-Lot 15, Registered Plan N.S. 25. The report recommends the following:
1) That Council approve the renewal, for a period of ten years, of an Agreement
with the owners of the "Weaver Homestead" located at 6590 Dunn Street,
respecting the use, and first refusal of purchase (should the City decide to
eel1), of Lot 15, Registered Plan N.S. 25, subject to compliance with other
conditions in a Subdivision Agreement dated February 22, 1973, regarding the
use of both Lots 15 and 18. The said renewal Agreement to be made
transferable to any successor in title upon Application to the City;
2) That the By-law listed on this Agenda to authorize the execution of the Said
Agreement be enacted and passed.
ORDERED on the motion of Alderman Hopkins, and seconded by Alderman Craitor, that
the report be received and adopted. carried UnanimouslY.
See By-law No. 91-24{~.
CD-91-63 - chief Administrative officer - Re: Proposed Plan of Condominium
Subdivision - 'Industrial Mall"; 26-CD-91009(1); Owner: 766357 ontario Inc. (John
Kendall, President). The report recommends that the Industrial Mall Condominium
Subdivision be approved subject to the conditions enumerated in this Report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion carried with Alderman Hopkins
abstaining from the vote on a conflict of interest previously noted, and with
all others voting in fayour.
CD-91-65 - Chief Administrative Officer - Re: Remuneration, Valuers of Live Stock
and Poultry. The report recommends that the remuneration paid to the live stock
and poultry valuere appointed by the City of Niagara Falls be increased from
$25.00 to $40.00 per Claim which includes mileage.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-245.
RESOLUTIONS
No. 45 - CUMMINGS - ORE- RESOLVED that the Council of the City of Niagara Falls
make application to the Ministry of the Environment for grants under the
Financial Assistance program for anticipated costs for the Solid Waste Management
Program;
AND the Seal of the Corporation be hereto affixed. Carried Unanimously=
No. 46 - OAR - HINSPERGER - RESOLVED that City Council hereby requests final
payment of $5,948.00 from the Ministry of Municipal Affairs for the Community
Planning Grant to Implement the Policy statement: Land Use Planning for Mousing;
FURTHER BE IT RESOLVED that a copy of this Resolution be forwarded to the
Ministry of Municipal Affairs for consideration;
AND the Seal of the Corporation be hereto affixed. Carried Unanimousiv.
No. 47 - WARD ~ ORE- RESOLVED that City council hereby supports the designation
of Areas 1 and 2 which are subject of an application for quarry expansion (AM-
25/8?) by Walker Brothers Quarries Ltd. as Extractive Industrial and the
designation of those portions of lands necessary for creek diversion as
Environmental Protection in the new Official Plan; AND FURTHER, that copies of
this Resolution be forwarded to the Ontario Municipal Board and to the Minister
of Municipal Affairs for consideration;
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Campbell declaring a conflict of interest
previously noted, and with the following vote:
AYE: Aldermen Cowan, Hendershot, Hinsperger, Hopkins, Orr, Puttick, and Ward.
NAYE: Aldermen Craitor, Cummings, Hendershot and Sherat.
No. 48 - COWAN - WARD - RESOLVED that the corporation of the City of Niagara
Falls hereby authorizes the submission of an Application for Grants under the
Financial Assistance program for anticipated costs for the Solid Waste Management
Program; and that the Mayor and Clerk be authori%ed to sign the Grant Application
on behalf of the Corporation;
AND the Seal of the Corporation be hereto affixed. Carried Unanlmousl .
e,e9
No. 49 - CUMMINGS - CRAITOR - RESOLVED that the Council of the City of Niagara
Falls hereby supports a one year extension of draft plan approval for the Mount
Carmel North subdivision, (File No. 26T-89009), conditional upon the applicant
maintaining the appropriate subdivision sign which complies with Municipal and
Regional requirements;
AND the Seal of the Corporation be hereto affixed. carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherar, that leave
be granted to introduce the following by-laws,-and the by-laws be read a first
time:
91-243 -
A by-law to designate certain land not to be subject to part lot
control.
91-244 -
91-245 -
91-246 -
91-241
91-248
91-249
A by-law to authorize an agreement with Fred C. Bull and Eleanor J.
Bull respecting the Weaver Homestead and Lots 15 and 18 in
registered Plan N.S.-25.
A by-law to provide for remuneration for valuers of live stock and
poultry.
A by-law to authorize the execution of a subdivision agreement with
Damian Frank Franze and others respecting the Grand-View river
Estates Subdivision.
A by-law to authorize the execution of an agreement with outdoor
Management for the 1991 tree planting programme.
A by-law to provide monies for general purposes ($829,769.12,
October 14, 1991).
A by-law to provide monies for general purposes ($1,782,929.32,
October 21, 1991).
91-250 - A by-law to appoint auditors.
The motion Carried with Alderman Hinsperger abstaining from the vote on By-law
Nos. 91-248 and 91-249, on a conflict of interest previously recorded and with
all others voting in favour.
91-251 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
A by-law to repeal By-law No. 90-38, being a by-law to adopt an
amendment to the Official plan of the Niagara Falls planning area
and By-law No. 90-154, being a by-law to amend By-law No. 79-200,
as amended.
The motion carried with Alderman Ward abstaining from the vote on By-law 91-251,
on a conflict of interest previously noted, and with all others voting in fayour.
10
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
following by-laws be now read a second and third time:
91-243 -
A by-law to designate certain land not to be subject to part lot
control.
91-244 -
91-245 -
91-246 -
A by-law to authorize an agreement with Fred C. Bull and Eleanor J.
Bull respecting the Weaver Homestead and Lots 15 and 18 in
registered Plan N.S.-25.
A by-law to provide for remuneration for valuers of live stock and
poultry.
A by-law to authorize the execution of a subdivision agreement with
Damian Frank Franze and others respecting the Grand-View river
Estates subdivision.
91-247 -
91-248 -
91-249 -
A by-law to authorize the execution of an agreement with Outdoor
Management for the 1991 tree planting programme.
A by-law to provide monies for general purposes ($829,769.12,
October 14, 1991).
A by-law to provide monies for general purposes ($1,782,929.32,
October 21, 1991).
91-250 - A by-law to appoint auditors.
The motion Carried with Alderman Hinsperger abstaining from the vote on By-law
Nos. 91-248 and 91-249, on a conflict of interest previously recorded and with
all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
following by-law be now read a second and third time:
91-251 - A by-law to repeal By-law No. 90-38, being a by-law to adopt an
amendment to the Official Plan of the Niagara Falls Planning area
and By-law No. 90-154, being a by-law to amend By-law No. 79-200,
as amended.
The motion Carried with Alderman Ward abstaining from the vote on By-law No. 91-
251, on a conflict of interest previously noted, and with all others voting in
favour.
NEW BUSINESS
United Way Campaiqn
Alderman Cummings referred to the United Way's Pie Throwing Contest at city Ball,
:and stated that he had Challenged Mr. Walker, Walker Brothers Quarries at $10.00
a throw, and $50.00 was donated to the United Way Campaign-
Ministry of Tourism
Alderman Hendershot requested that His Worship Mayor smeaton inform Council on
the Ministry of Tourism move to Niagara Falls- His Worship Mayor Smeaton stated
he has had meetings with Government officials, who have indicated they are
presently in the process of final site selection, and will be announcing their
decision fairly soon.
11
Reqional Development Charqes
Alderman Puttick requested a report from the Finance Committee or the Chief
Administrative Officer regarding the results of the Regional Development Charges
meeting.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins that the
Chief Administrative Officer bring back report to Council on what effects of the
estimated costs the Region and the City would collect over the next 10 years,
what is anticipated between the proposed and the present collections. Carried
Unanimously.
Government Se11-Offs
Alderman Puttick addressed the recently proposed sell-off of government assets,
and referred to liquor control outlets, and requested that a letter should be
sent to Premier Rae stating that the Council of Niagara Falls would like to be
notified and have the right of first refusal with respect to proposed Provincial
sales of assets.
Super Mailboxes
Alderman Craitor requested a report from Municipal Works Department regarding
the placement process of Super mailboxes and temporary mailboxes.
Municipal Elections
Alderman Hopkins requested a report from the City Clerk on whether there is a
provision in the Municipal Elections Act regarding declining ballots, and how
composite ballots affect this situation.
committee of the Whole
ORDERED on the motion of Alderman puttick, seconded by Alderman Cowan that
Council approve the Committee-of-the-Whole recommendations to accept the offer
of Frank Cowan & Co. Insurance regarding the settlement of claim in Township Lot
7 and 14, formerly Township of Stamford, now in the City of Niagara Falls and
to authorize staff and the legal firm of McArthy Tetrault to negotiate the
purchase of lands in Township Lot 7 and 14, formerly Township of Stamford, now
in the City of Niagara Falls.
, · , , ,
It was moved by Alderman Cowan, seconded by Alderman Hopkins, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED~
E. C. WAGGt
THIRtY-SIXTH MEE~TNG
CO~O4~EE OF THE WHOLE
Committee Room #2
October 28, 1991
Council met on Monday, October 28, 1991, at 6:30 p.m., in Conunittee 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
arose without reporting.
READ AND ADOPTED,
E. C. WAGG, CITY CLERK
REGULAR MEETING
Council Chambers
October 28, 1991
Council met On Monday, October 28th, 1991, at 7:30 p.m., for the purpose of
considering Regular Business. All members of Council were present. His Worship
Mayor Smeaton presided as Chairman.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Sherar, that the
minutes of the Special Meeting held October 8, 1991 and the Regular meeting held
October 21st, 1991, be adopted as printed. Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Hendershot declared a conflict of interest on Report F-91-40, Cheque
Nos. 72355, because a member of his family has a business in the area.
Alderman Hinsperger declared a conflict of interest on Report F-91-40, Cheque
Nos. 72151, 72171, 72187, because a member of his family is employed by the
company.
UNFINISHED BUSINESS
MW-91-292 - Chief Administrative Officer - Re: Niagara Falls Development Charges
Study; Final Report and By-law. The report recommends the following:
1) That Council pass a by-law with respect to Development Charges, to be
effective November 23, 1991.
2) That Council consider Mr. Herman Damore's request in respect to the Katarina
Subdivision.
During the course of the meeting the following items were discussed: review
of impost fees; expansion of Niagara Falls Sewage Treatment Plant, pumping
station, commercial versus residential charges, cannot proceed with industrial
charges to remain competitive in Southern Ontario; phasing-in of industrial
see2
- 2 -
charges over a 2-3 year period; development fees; U.S. incentives; Stanley Avenue
Park acreage; reference made to hospital tax levies; housing starts; policy on
payment of fees ahead of time; overbudget expenditures; tax levies a deterrent
to young families; focus should be on bringing new industry to the City; the
recovery of fees; construction of storm sewers, cost of insreasing roadways; and
Katarina Subdivision.
His Worship Mayor Smeaton stated voting would be required to take place on
each level of the Development Charges Report.
It was moved by Alderman Cummings, seconded by Alderman Hendershot that the
Residential Development Charges be increased by 6%. The motion was Defeated with
the following vote:
AYE: Aldermen Craitor, Cummings, Hendershot and Sherar.
NAYE: Aldermen Campbell, Cowan, Hinsperger, Hopkins, janvary, Orr, Puttick and
Ward.
Alderman craitor left the meeting at this time because he had business outside
the building.
Following further discussion on the motion, it was moved by Alderman Ward,
seconded by Alderman Hinsperger, that the schedule of Residential Rates be put
in place as follows: 50% of the increase on passage, 25% of the increase on the
first anniversary and 25% of the increase on the second anniversary. The motion
Carried with the following vote:
AYE: Alderman Campbell, Cowan, Hinsperger, Hopkins, Janvary, Orr, Puttick, and
Ward.
NAYE: Aldermen Cummings, Hendershot and Sherat.
AYE: Aldermen Campbell, Cummings, Hendershot and Sherar.
NAYE: Aldermen Cowan, Hinsperger, Hopkins, Janvary, Orr, Puttick and Ward.
It was moved by Alderman Cummings, seconded by Alderman Hendershot, that there
be no increase in the existing Commercial Lot Levy. The motion was Defeated with
the following vote:
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the Schedule of Commercial Rates be increased by $2.00 per square metre over the
next 5 years, commencing from the base rate of $3.30 per square metre. The
motion Carried with the following vote:
AYE: Aldermen Cowan, Hinsperger, Hopkins, Janvary, Orr, Puttick and Ward.
NAYE: Aldermen Campbell, Cummings, Hendershot and Sherar.
It was moved by Alderman Cummings, seconded by Alderman Hendershot, that there
0e no Industrial Levy. The motion was Lost by the following tie vote:
Aldermen Campbell, Cummings, Hendershot, Hopkins, Sherar, Mayor Smeaton.
Aldermen Cowant Hinsperger~ Janvary, Orr, Puttick, and Ward.
His
Worship declared a 10 minute recess to provide an opportunity for
to confer regarding a question of a public meeting. Following the
council reeonvened for the balance of the meeting.
ee%3
Mr. O'Dell expressed the opinion that it would not be necessary to hold
another public meeting providing there was a reduction in the hectare charge from
$32,000/hectare.
Following further discussion, it was moved by Alderman Ward, seconded by
Alderman Campbell, that Development Charges for Industrial be imposed on the
west sector of the City, a Schedule to be shown which will define exact area,
subject to numbers being generated for next meeting, at which time exact amount
will be determined. The motion Carried with Aldermen Cummings and Sherar
abstaining from the vote on conflicts of interest because their employer is
conducting work in the area and with all others voting in favour.
On the motion of Alderman Cummings, seconded by Alderman Hendershot, that
there be no development charge with respect to redevelopment. The motion was
Defeated with the following vote:
AYE: Aldermen Cummings, Hendershot, Janvary, and Sherar.
NAYE: Aldermen Campbell, Cowan, Hinsperger, Hopkins, Orr, Puttick, and Ward.
ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the
recommendation be approved and the development charge for redevelopment be $33.28
per square metre. The motion was Defeated with the following vote:
AYE: Aldermen Cowan, Hinsperger, Puttick, and Orr.
NAYE: Alderman Campbell, Cummings, Hendershot, Hopkins, Janvary, Sherat, and
Ward.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that
Redevelopment Charges be increased $2.00 per year over the next 5 years, starting
from the base rate of $3.30. The motion was Lpst, with the following tie vote:
AYE: Aldermen Cowan, Hinsperger, Hopkins, Janvary, Ward, and Mayor Smeaton.
NAYE: Aldermen Campbell, Cummings, Hendershot, Orr~ Puttick, and Sherar.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that
all reference be removed to Redevelopment Chargest and all are to be subject to
the Applicable Rate. The motion Carried with the following vote:
AYE: Aldermen Cowan, Hinsperger, Hopkins, Janvaryt Puttick, and Ward.
NAYE: Aldermen Campbell, Cummings, Hendershot, Orr~ and Sherat.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that
the Rural Residential Rates be imposed on the basis Of 50% of the increase on
passage, and 25% of the increase in the first year, and 25% of the second year,
and Commercial Rate as suggested. The motion Carried with the following vote:
AYE: Aldermen Cowan, Hinsperger, Hopkins# Janvary, Orr, Puttick, and Ward.
NAYE: Aldermen Campbell, Cummings, Hendershot, and Sherat.
It was moved by Alderman Cummings, seconded by Alderman Hendershot, to grant
the request of Mr. Herman Damore exempting Katarina Plan of Subdivision. .carried
Unanimously.
.4
COI~'IUNICATIONS
Alderman Campbell left the meeting at this time.
Communication No. 286 - The Regional Municipality of Hamilton-Wentworth - Re:
1992 - The Year for canada. The communication requests council to consider 1992
as "The Year for Canada'.
ORDERED on the motion Of Alderman cummings, seconded by Alderman Ward, that the
request be approved and further to refer the matter to the Civic Committee in
1992. Carried Unanimously.
Communication No. 287 - Niagara Residents for Safe Toxic Waste Disposal - Re:
Petition. The communication requests that a petition be placed in City Hall and
made available to residents for signature.
ORDERED on the motion of Alderman Cummings, seconded by Alderman cowan that the
request be approved. The motion carried with the following vote:
AYE: Aldermen Cummings, Cowan, Hendershot, Hinsperger,
Ward.
NAYE: Aldermen Hopkins, Orr, and Puttick.
Janvary, Sherat, and
Communication No. 288 - The Corporation of the Town of Markham - Re: Endorsement.
The communication requests endorsement of a Private Member's Bill introduced in
the Legislature in order to legalize the inclusion of a question on municipal
ballots this fall with respect to balanced budgets.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman cowan, that
the communication be received and filed. Carried U~animouslV.
Alderman Campbell returned to the meeting at this time.
Communication No. 289 ~ Mr. James Sauer - 13487 Niagara Parkway - Re: Sherk Road.
The communication requests the maintenance and resurfacing of Shark Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the matter be referred to the Municipal Works Department. Carried Unanimousl .
Communication No. 290 - Niagara Falls, Canada Visitor and Convention Bureau -
Re: creating a market strategy. The communication indicates that the Visitor
and Convention Bureau will investigate ether economic avenues in order to pursue
same.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the communication be received and filed. The motion Carried with the following
vote:
AYE: Aldermen campbell, Cowan,
Janvary, Sherat and Ward.
NAYE: Aldermen Orr and Puttick.
Cummings, Hendershot, Hinsperger, Hopkins,
, , , ,
It Was moved by Alderman Sherat, seconded by Alderman Ward~ that approval be
granted to proceed past 11:00 p.m..Carried Unanimously.
- 5 -
R~PORTS
MW-91-287 - Chief Administrative Officer - Re: 1991 Capital Budget Storm Sewer
Project and Complete Road Reconstruction Projects. The report recommends that
the by-laws appearing on tonight'e agenda be passed by Council.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law Nos. 91-252, 91-253, 91-254.
MW-91-288 - chief Administrative Officer - Re: contract 91-15, Tender for the
supply of Services for snowplowing of Parking Lots. The report recommends the
following:
1) That Dominion Paving Company be awarded the contract for the supply of
services for snowplowing of parking lots designated in Area 1;
2) That Ken Warden Construction be awarded the contract for the supply of
services for snowplowing of parking lots designated in Area 2;
3) That United Contracting be awarded the contract for the supply of services
for snowplowing of parking lots designated in Area 3;
4) 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, Area 2 and Area 3.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-259.
MW-91-289 - Municipal Works Committee - Re: Municipal Works Committee Report:
I) Lewis Avenue Parking Restriction; and II) Eoole Notre Dame De La Jeunesse
Request for School Crossing Guard. The report recommends the following:
I) MW-91-281 - Lewis Avenue Parking Restriction -
1) That the parking restriction on the northwest side of Lewis Avenue be
extended (in front of the Niagara Falls Arena) to Centre Street;
2} That the By-Law amending by-law 89-2000 (being a By-law to regulate parking
and traffic on City roada) appearing later on tonight's agenda, he
approved.
MW-91-280 - Ecole Notre Dame De La Jeunesse Request for School Crossing
Guard
1) That this report be received and filed for information.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-256.
Mw-91-290 - Municipal Works Committee - Re: Municipal Works Committee Report:
~mendment to Emergency Certificate of Approval for Niagara Waste Systems to
Accept Additional Waste from Halton Region. The report recommends the following:
91-252 -
A by-law to authorize the rehabilitation of the roads on certain
streets and infrastructure improvements including storm sewer
installation, repairs or replacement of sanitary sewers, watermains
and services as required together with all related appurtenances
services as an improvement and extension to the sewage system in
the Urban Service Areas of the city (cherrygrove Road).
91-253 -
A by-law to authorize the rehabilitation of the roads on certain
streets and infrastructure improvements including storm sewer
installation, repairs or replacement of sanitary sewers, watermains
and services as required together with all related appurtenances
services as an improvement and extension to the sewage system in
the Urban Service Areas of the City'CJepson Street).
91-254 -
A by-law to authorize the rehabilitation of the roads on certain
streets and infrastructure improvements including storm sewer
installation, repairs or replacement of sanitary sewers, watermains
and services as required together with all related appurtenances
services as an improvement and extension to the sewage system in
the Urban Service Areas of the City (Cakes Drive & Livingstone St.).
91-255 -
A by-law to authorize the execution of an agreement with Pinewood
Homes (Tara) Ltd. respecting the proposed Pine Mansions condominium
subdivision.
91-256 -
A by-law to amend By-law NO. 89-2000, being a by-law to regulate
parking and traffic on city Roads (Parking).
91-257 - A by-law to amend By-law 79-200, as amended (Farr Lumber).
91-258 -
A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken site plan control areas without
the approval of plans and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1989. (Farr Lumber).
91-259 -
A by-law to authorize the execution of agreements with Larose &
Carrie Enterprises Ltd., carrying on business as Dominion Paving
Company, Ken Warden Construction Ltd., and John Pullia, carrying on
business as United Contracting for snowplowing.
91-260 -
A by-law to authorize the payment of $1,857,559.63 for general
purposes (October 28, 1991).
The motion Carried with Aldermen Hinsperger and Hendershot abstaining from the
vote on By-law No. 91-260, on conflicts of interest previously recorded and with
all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
following by-laws be now read a second and third time:
91-252 -
A by-law to authorize the rehabilitation of the roads on certain
streets and infrastructure improvements including storm sewer
installation, repairs or replacement of sanitary sewers, watermains
and services as required together with all related appurtenances
services as an improvement and extension to the sewage system in
the Urban Service Areas of the City (Cherrygrove Road).
91-253 -
A by-law to authorize the rehabilitation of the roads on certain
streets and infrastructure improvements including storm sewer
installation, repairs or replacement of sanitary sewers, watermains
and services as required together with all related appurtenances
services as an improvement and extension to the sewage system in
the Urban Service Areas of the City (jepson Street).
- 8 -
91-254 -
A by-law to authorize the rehabilitation of the roads on certain
streets and infrastructure improvements including storm sewer
installation, repairs or replacement of sanitary sewers, watermains
and services as required together with all related appurtenances
services as an improvement and extension to the sewage system in
the Urban Service Areas of the City (Oakes Drive & Livingstone St.).
91-255 -
A by-law to authorize the execution of an agreement with Pinewood
Homes (Tara) Ltd. respecting the proposed Pine Mansions condominium
subdivision.
91-256 -
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (Parking).
91-257 - A by-law to amend By-law 79-200, as amended (Farr Lumber).
91-258 -
A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken site plan control areas without
the approval of plans and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1989. (Farr Lumber).
91-259 -
A by-law to authorize the execution of agreements with Larose &
Carrie Enterprises Ltd., carrying on business as Dominion Paving
Company, Ken Warden Construction Ltd., and John Pullia, carrying on
business as United contracting for snowplowing.
91-260 -
A by-law to authorize the payment of $1,857,559.63 for general
purposes (october 28, 1991).
The motion Carried with Aldermen Hinsperger and Hendershot abstaining from the
vote on By-law No. 91-260, on conflicts of interest previously recorded and with
all others voting in fayour.
NEW BUSINESS
Voter Notification Cards
Alderman cummings questioned as to when constituents would be receiving their
voter notification cards, and why had there been a delay in sending them out.
The City Clerk responded by stating that there had been a programming error in
the 100 Section of the poll numbers and that the cards were being reproduced at
the present time. Be also informed that an advertisement is being placed in
the newspaper with respect to the location of advance polls.
Toronto Sun Article
Alderman Cummings referred to an article in the Toronto Star regarding the
Mayor's attendance at the Royal Visit in Niagara Falls, and stated that it was
a slight on the office of the Mayor. The Mayor indicated that in these
situations it is best to ignore the comments and let them die a natural death.
Oarbaqe Problems
Alderman Orr stated that there is a garbage problem near the Bridge on Whirlpool
Road, and that the matter should be looked into. The Director of Municipal Works
indicated that the problem would be investigated.
Mail in new subdivision
Alderman Janvary referred to a petition from residents in the McLeod Road,
Deerbrook area regarding mail only being received by half the residents of the
area, and requested that the matter be referred to staff.
Grader
Alderman Sherar requested that a grader be brought to the Morrison and Dorchester
area.
* * * * *
It was moved by Alderman Hendershot, seconded by Alderman Sherar, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
E. C. WAGG, CITY CLERK
SMEATON
THIRTY-SEVENTH MEETING
SPECIAL MEETING
Council Chambers
November 1, 1991
Council met On Friday, November 1, 1991 at 4:30 p.m. in a Special Meeting
to consider the Mountain Road Landfill Site. All members of council, with the
exception of Aldermen Cowan, Craitor, Cummings, Janvary and Puttick were present.
His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer.
His Worship Mayor Smeaton provided a brief summary of the events that have
caused the temporary closure of the Mountain Landfill Site. Mayor Smeaton
indicated that an application had been filed to the Ministry of the Environment
on February 19, 1991 for the long term expansion of the Landfill Site. The
Ministry amended the Certificate of Approval on October 28, 1991 to extend the
expiry date on an emergency basis to October 31, 1992, subject to conditions that
the City obtain a Development Permit from the Niagara Escarpment Commission.
The Development Permit was approved by the N.E.C. on October 10, 1991, but three
appeals had been filed to the N.E.C.'S decision and a hearing is scheduled for
November 21, 1991. It was further stated that last year the same Ministry had
allowed a one-year emergency certificate.
His Worship Mayor Smeaton indicated that incurred costs and loss of revenue
would be approximately $700,000, if the matter is not resolved by January 1,
1992.
It was moved by Alderman Hopkins, seconded by Alderman Ward, that the
Council adjourn to Committee of the Whole, to discuss the matters Of the Landfill
Site closure. Carried Unanimously.
The council reconvened for the balance of the Special Meeting, being a
final consideration of the Niagara Falls Mountain Road Landfill Site.
His Worship Mayor Smeaton stated that Council have endorsed the letter
directed to the Honourable Ruth Grier and have suspended garbage pick up on
Monday, November 4, 1991 and Tuesday, November 5, 1991, also that there will be
further discussions with the Ministry to open the land fill site. His Worship
stated that Margaret Harrington has been contacted on several occasions to have
this situation resolved.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward that
regular curb side garbage pick up will be suspended on Monday and Tuesday, which
will save the City approximately $20,000.00. Carried Unanimously.
It was moved by Alderman Ward, seconded by Alderman Orr, that the meeting
adjourn.
READ AND ADOPTED,
THIRTY-EIGHTH ~EETING
CO~fi~ITTEE OF THE WHOLE
Committee Room #2
November 4, 1991
Council met on Monday, November 4, 1991, at 6:30 p.m., in committee of the
Whole. All members of Council were present. Alderman Ward presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
PLANNING METING
Council Chambers
November 4, 1991
Council met on Monday, November 4th, at 7:30 p.m., for the purpose of
considering Planning Matters and Regular Business. All members of Council were
present. His Worship Mayor Smeaton presided as Chairman.
His Worship Mayor Smeaton referred to the Remembrance Day Service, on
Monday, November 11, 1991 at the Niagara Falls arena, and invited members of
Council to attend.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that
the minutes of the Regular Meeting held October 28, 1991 be adopted as printed.
Carried Unanimousiv.
PRESENTATION
His Worship Mayor Smeaton congratulated and presented achievement awards
to the following individuals: David Bradshaw, for the Ontario Provincial 1st
Place Boy Class "B" Handicap Ten Pin Bowling; Robert Mergl, for the Ontario
Provincial 1st Place Boy Class "D" Scratch Ten Pin Bowling; Stacy Pall, for the
Ontario Provincial 1st Place Girls Class "D" Scratch Ten Pin Bowling. Mr.
Bradshaw, Assistant Coach, accepted an award on behalf of Coach Jo-Ellen Karlson.
REPORTS - PLANNING ~,TTER~
PD~91-154 - Chief Administrative Officer Re: Zoning By-law Amendment
Application, AM-19/91, Fernando Pingue, 6690 Montrose Road. The report
recommends the following:
1)
That Council support the amendment to the Zoning By-law to permit the
development of 2 - 4 storey apartments totall. ing a maximum of 118 dwelling
units;
- 2 -
2}
That the amending by-law include provisions to require a minimum of 45%
of the site to be landscaped, a minimum southerly interior setback of 30m
(100 ft.) for the majority of the apartments, and a minimum easterly rear
yard setback of 23m (75 ft.);
3)
That the applicant be required to make arrangements for the dedication of
lands for road widening, the construction of a sidewalk along Montrose Road
adjacent to the site and to prepare a storm water management study, to the
satisfaction of the Director of Municipal Works and the Regional Traffic
Services Department;
4)
That development charges be paid to the City which are in place at the time
of development;
5)
That the applicant be required to undertake and implement the findings of
a noise study to Provincial standards;
6)
That the property be placed under Site Plan Control and that a tree
specialist be required to review the quality of the trees on the site and
assist in the design of the project;
7)
That the amending by-laws be prepared for enactment at a subsequent Council
meeting;
8)
That the applicant and the Regional Municipality of Niagara be advised
accordingly.
- AND -
Co,~ununication No. 291 - Niagara Falls Economic Development Agency - Re: O.P.A.
200, and AM-19/91. The communication states the Agency is not unduly concerned
about the removal of industrial acreage from the inventory of land, however, the
possible negative impact of the project might have on the existing operations
of Modern Structural Steel is of concern. The communication further states that
the introduction of residential to industrial poses potential problems, and that
the possible conflicts will be addressed prior to giving approval for this
application.
- AND -
Communication NO. 292 - Regional Niagara - Planning and Development Department,
and the Regional Public Works Department - Re: Application to Amend the Zoning
By-law AM-19/91, 2, Four storey apartment buildings, Montrose Road. The
communication indicates as having no objections to the rezoning from Light
Industrial to Residential.
His Worship Mayor Smeaton declared the Public Meeting open and explained
the procedure to be followed under the Planning Act, 1983.
The Director of Planning and Development advised that the Notices of the
Public Hearing had been forwarded by first class mail on october 4, 1991.
His Worship Mayor Smeaton received indication that Mr. Dante Marinelli,
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 discussed the subject lands with
the assistance of posted sketches; and reviewed the following information
included in Technical Report No. PD-91-151; Development Proposal; New Official
Plan; Environmental Considerations; Nature of the Zone Change; Land Use
Compatibility; Zoning By-law; surrounding Land Use; comments from the Public
Notification Process; Site Plan Review.
- 3 -
His Worship Mayor Smeaton 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 positive response from persons opposed to the
application.
Mr. Anthony SeDben, 6716 Montrose Road, expressed his concerns of being
able to conduct business in a proposed residential area; and requested that a
letter be provided stating he is complying with all zoning requirements.
The Director of Planning and Development responded to questions regarding
fencing, landscaping, height limitations.
During the discussions, it was suggested that Mr. Sebben attend the site
plan meetings.
Mr. Dante Marinelli stated that all conditions had been reviewed and were
acceptable. Mr. Marinelli indicated that he welcomed Mr. Sebben's attendance
at the site plan meetings.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting closed.
ORDERED On the mOtiOD Of Alderman Car~pbell, seconded by Alderman Sherar, that
the report be received and adopted, and further that Mr. Fernando Pinque indicate
in his lease to prospective renters that there is an industrial operation
adjacent to the property. Carried Unanimously.
CONFLICTS OF INTEREST
Alderman Hinsperger declared a conflict of interest on Report No. F-91-
41, Cheque Nos. 72378, and &2379, because a member of his family is employed by
the company.
UNFINISHED BUSINESS
MW-91-301 - Chief Administrative Officer - Re: Niagara Falls Development Charges
By-law. The report recommends that Council pass the by-law with respect to
Development Charges appearing On this evening's agenda to be effective November
23, 1991.
It was moved by Alderman Cummings, seconded by Alderman Sherar, that the
matter be tabled for the consideration of the new Council. The motion was
Defeated with the following vote:
AYE: Aldermen Cowan, Cummings, Hendershot and Shetar.
NAYE: Aldermen Campbell, Craitor, Hinsperger, Hopkins, Janvary, Orr, Puttick and
Ward.
His Worship Mayor smeaton indicated that voting would take place separately
on each level of the Development Charges.
It was moved by Alderman Puttick, seconded by Alderman Hinsperger, that
the Schedule of Proposed Residential Rates to the Development Charges By-law be
received and adopted. The motion Carried with the following vote:
AYE: Alderman Campbell, Cowan, Hinsperger, Hopkins, Janvary, Orr, Puttick, and
Ward.
NAYE: Aldermen Craitor, Cummings, Hendershot and Sherat.
It was moved by Alderman Hinsperger, seconded by Alderman cowan, that the
Proposed Commercial Rates to the Development charges By-law be received and
adopted. The motion Carried with the following vote=
- 4 -
AYE: Aldermen Cowan, Hinsperger, Hopkins, Janvary, Orr, Puttick and Ward.
NAYE: Aldermen Campbell, Craitor, Cummings, Hendershot and Sherar.
It was moved by Alderman Puttick, seconded by Alderman Ward, that the
Proposed Industrial Development Rates to the Development Charges By-law be
received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Hinsperger, Hopkins, Janvary, Orr, Puttick and
Ward.
NAYE: Aldermen Craitor, Cummings, Hendershot and Shetar.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell the By-
law No. 91-267 be brought forward, and that leave be granted to introduce the
by-law, and the by-law be read a first time:
91-267 - A by-law with respect to Development Charges.
The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Hendershot, Hinsperger, Hopkins, Janvary, Orr,
Puttick, Sherar and Ward.
NAYE: Aldermen Craitor, Cummings and Hendershot.
His Worship Mayor Smeaton received indication that Mr. Steven Kaiser,
Chairman, Liaison Committee and Vice President of the Ontario Home Builders
Association, wished to address Council.
concern was expressed that the Clerk's Office did not receive proper
notification from Mr. Kaiser indicating his wish to address Council. Mr. Kaiser
stated that he had notified the City Clerk on Friday, November 1, 1991 expressing
his intentions to address council. His Worship Mayor Smeaton requested that the
clerk clarify this matter with him prior to the next council meeting.
Mr. Steven Kaiser expressed his opposition to the Development Charges By-
law on behalf of the Ontario Home Builders Association, and stated the By-law
was flawed. Mr. Kaiser advised that his Association would take the matter to
the Ontario Municipal Board (OMB) if Council decided to pass the By-law this
evening.
Following further discussion, it was ORDERED on the motion of Alderman Orr,
seconded by Alderman Ward, that the following by-law be now read a second and
third time:
91-267 - A by-law with respect to Development Charges.
The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Hendershot, Hinsperger, Hopkins, Janvary, Orr,
Puttick, Shetar and Ward.
NAYE: Aldermen Craitor, Cummings and Hendershot.
See By-law No. 91-267.
DEPUTATIONS
Mr. Dan Pinnington, Lancaster, Mix & Welch, addressed Council on behalf
of 17 families residing at Pinetree Village Mobile Home Park, who will be forced
to tear down their homes and move them to another location. Mr. Pinnington
indicated that these families would like to find an acceptable solution to this
matter. Mr. Pinnington stated that the residents are mostly retired seniors,
On limited budgets, and in poor health, who wished to spend their retirement
years in a home of their own. Mr. Pinnington advised that the residents had
invested their life savings, up to $100,000 for their homes, improvements and
extensive landscaping.
- 5 -
His Worship Mayor Smeaton provided a brief summary of the N.E.C. Commission
meeting held On October 10, 1991.
The Solicitor responded to questions regarding property searches,
expropriation of land, class action suits against Mr. Giammattolo.
During the discussion, it was indicated that there would be major costs
involved in putting in waterlines for that area and it was suggested that Mr.
Giammattolo be asked to pay for the entire waterline.
Mr. Mike Paul, resident at the Pine Tree Village Mobile Home Park, stated
that Mr. Oiammattolo could impose a fee to the"residents of the Park for the
added expense of waterlines.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the matter be referred to staff, the City Solicitor, the Solicitor of the
residents of Pine Tree Village, and further that a committee be set up to study
the matter and report back to council. The motion Carried with the following
vote:
AYE: Aldermen Campbell, Craitor, cummings, Hendershot, Hinsperger, Janvary,
Orr, Puttick, Sherar and Ward.
NAYE: Aldermen Cowan and Hopkins.
COMMUNICATIONS
Communication No. 293 - The Optimist Club of Niagara Falls Re: Youth
Appreciation. The communication requests that Council declare November 10 - 16,
1991, as "Youth Appreciation Week".
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 294 - Niagara Helicopters Limited - Re: Flagpole. The
communication requests permission to erect an 80-foot aluminum flagpole at the
Victoria Avenue hellport.
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the
recommendation be approved and adopted. Carried Unanimously.
REPORTS
B-91-71 - chief Administrative Officer - Re: Property Standards Order, 4115 May
Avenue. The report recommends that the Corporation retain a Disposal Service
to forthwith complete the Order of the Property Standards Officer.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
B-91-72 - Chief A~ministrative Officer - Re: ~roperty Standards Order, 5722
Ramsey Road. The report recommends that the Corporation retain a Disposal
Service to forthwith complete the Order of the Property Standards Officer.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
B-91-73 - Chief Administrative Officer - Re: Property Standards Order, 8854 Lyons
creek Road. The report recommends that the Corporation retain a Disposal and
Demolition Service to forthwith complete the O~der of the Property Standards
officer.
ORDERED on the motion of Alderman cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
- 6
B-91-74 - Chief Administrative Officer - Re: Proposed New Lighting Stamford
Arena. The report recommends that Council approve an estimated expenditure of
$22,700 for the purpose of replacing the lighting system over the ice surface
at Stamford Arena.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
MW-91-293 - chief Administrative Officer - Re: Cheque No. 71897, Parking Machine
Repair. The report recommends that this report be received for the information
of Council and filed.
ORDERED on the motion of Alderman Cummings, seconded'by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
MW-91-298 - Chief Administrative Officer - Re: Royal Canadian Legion Branch 396,
Parade Sunday, November 10, 1991. The report recomanends that the Branch 396,
Royal Canadian Legion Parade scheduled for Sunday, November 10, 1991 be approved.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
MW-91-299 - Chief Administrative Officer - Re: Contract #91-109, Watermain
Installation on Garner Road from Lundy's Lane to McLeod Road. The report
recommends that the unit prices submitted by the low Tenderer, Provincial
construction Ltd., be accepted and that the by-law be approved.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-264.
See Resolution No. 50.
MW-91-302 - Municipal Works committee - Re: Municipal Works Committee Reports:
(I} High street Traffic Operations; (II) Request for School Crossing Guard at
the Intersection of Culp street and Carlton Street in Front of Princess Margaret
school; (III) Request from River View School for an All-Way Stop and/or a School
Crossing Guard at the intersection of Lamont Avenue and Cattell Drive; and (IV)
Prince Philip Public School request for School Crossing Guard. The report
recommends the following:
(I) MW-91-286 - High street Traffic Operations -
i1)
That a heavy vehicle restriction be implemented on High Street from
Dorchester Road to Highland Avenue;
That an all-way stop control be installed at the intersection of
High Street at Prince Edward Avenue.
MW-91-296 - Request for School Crossing Guard at the Intersection of Culp
Street and Carlton Avenue in Front of Princess Margaret School.
That a school crossing Guard be provided at the intersection of Culp
Street and Carlton Avenue;
That stop signs be erected on Culp Street at Corwin cressent, and
on Carlton Avenue at Culp Street;
That parking be restricted on the noTth side of Culp Street between
the hours of 8:30 a.m. to 4z30 p.m., Monday to Friday, from Carlton
Avenue to Franklin Avenue; .. ·
That parking be restricted on the west side of Carlton Avenue
between the hours of 8:30 a.m. to 4:30 p.m., Monday to Friday, from
culp Street to a point 55m northerly;
That a 22m corner parking restriction be installed on both sides of
Culp Street west of Carlton Avenue;
That the existing 'No Stopping~ zone on Culp Street be extended 25m
westerly;
Iii)
7. That the existing crosswalk markings be repainted at Culp Street and
Carlton Avenue.
MW-91-295 Request from River View School for an All-Way Stop and/or a
School Crossing Guard at the Intersection of Lament Avenue and Cattell
Drive.
That the Niagara Regional Police be contacted and requested to carry
out strict and frequent enforcement of the 50 km/h speed limit on
Cattell Drive;
That an all-way stop control be installed at the intersection of
Cattell Drive and Lament Avenue;
That the School Crossing Guard request be further reviewed after a
three to six month trial period of the implementation of the all-
way stop control at the intersection of Cattell Drive and Lament
Avenue.
IV) Prince Philip Public School Request for school Crossing Guards.
That a school Crossing Guard be installed at the intersection of St.
Paul Avenue (Regional Road #100) at Church's Lane; and that this
recommendation be forwarded to the Regional Municipality of Niagara
for review and approval;
That a School Crossing Guard not be provided at the intersection of
Portage Road at Church's Lane.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
MW-91-303 - Municipal Works committee - Re: Municipal Works committee Report:
Tourism Mapping Budget, Printing and Distributing. The report recommends the
following:
1) That Option #2 of the map distribution strategy, being immediate cost recovery
of the map printing, be approved;
2) That the initial 100,000 maps (with the exception of the Visitor & Convention
Bureau mailouts) be sold at a cost of $1.00 each, be approved.
ORDERED on the motion of Alderman Minsperger, seconded by Alderman Ward, that
the report be received and adopted. Carried Unanimously.
R-91-44 - Arts and Culture Commission - Re: Arts and Culture Commission,
Appointment recommendation. The report recommends that Council appoint David
Watts to the Arts and Culture Commission to complete the term of Maria Lovallo
which expires December 31, 1991.
ORDERED on the motion of Alderman Rendershot, seconded by Alderman Sherat, that
the report be received and adopted. Carried Unanimously.
e6.8
- 8 -
Report - Vehicle Committee - Re: Vehicle Committee Report on Review by Ad Hoc
Vehicle Committee. The report recommends the following:
1) That the two vehicles previously assigned to the Equipment Superintendent and
the Fleet Foreman be added to the vehicle pool at the Service Centre;
2} That the information in this report be received and filed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that
the report be received and adopted, and further that a copy of the report be
forwarded to the Treasurer, Niagara Region. Carried Unanimously.
F-91-41 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $571,909.47 for the period ending November
4, 1991 be approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously_.
See By-law No. 91-266.
CD-91-64 - Chief Administrative Officer - Re: Proposed Plan of subdivision "Ascot
Woods 5", Owner: Ascot Woods Ltd. The report recommends that the City Clerk be
authorized to process the Application for the "Ascot Woods 5" Subdivision and
that a Report be prepared for Council's further consideration of this Plan based
on technical information received, public input.
Mr. Peter Grandoni expressed concerns regarding storm drainage diversions;
silt problems. Mr. Grandoni indicated he was not against the development of
agricultural land but he was disturbed the land was becoming waterlogged due to
the continued flooding of the ground.
The Director of Municipal Works responded to questions regarding major and
minor storm flows, and indicated that prior to the application being approved,
all concerns would be addressed and dealt with specifically.
ORDERED on the motion of Alderman cummings, seconded by Alderman Puttick, that
the report be received and adopted. Carried Unanimously.
CD-91-67- chief Administrative Officer - Re: Amendment to Licencing By-law. The
report recommends that Council adopt the proposed amendment to the Licencing By-
Law to include Blanket Hawker & Pedler Licehoe to regulate Special Events and
Flea Markets comprising of local and out of town retailers selling under one
roof.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Binsperger, that
the report be received and adopted. Carried Unanimously.
see By-law No. 91-265.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
91-261 -
A by-law to authorize the execution of an agreement with
Telecommunioations Terminal Systems (TTS), a division of Unitel
Communications Holdings Inc., respesting a telephone system for City
Hall.
91-262 -
A by-law to authorize the acquisition of land from T.G. Bright &
co., Limited.
- 9 -
91-263 -
91-264 -
91-265 -
91-266 -
A by-law to authorize the execution of a Final Release respecting
the City's Sanitary Landfill Site.
A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for watermain installation on
Garner Road.
A by-law to amend By-Law NO. 76-102, as amended, being a By-Law
respecting the issuance of licenses.
A by-law to authorize the payment of $571,909.47 for general
purposes. (November 4, 1991). ' ..... :-
The motion Carried with Alderman Hinsperger abstaining from the vote on By-law
91-261, because employer bid against the company, and By-law No. 91-266, on a
conflict of interest previously recorded; with Alderman Craitor voting contrary
on By-law No. 91-262 and Alderman Orr voting contrary on By-law No. 91-261; and
with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
following by-laws be now read a second and third time:
91-261 -
A by-law to authorize the execution of an agreement with
Telecommunications Terminal Systems (TTS}, a division of Unitel
Communications Holdings Inc., respecting a telephone system for city
Hall.
91-262 -
A by-law to authorize the acquisition of land from T.G. Bright &
CO., Limited.
91-263 -
A by-law to authorize the execution of a Final Release respecting
the City's Sanitary Landfill Site.
91-264 -
91-265 -
A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for watermain installation on
Garner Road.
A by-law to amend By-Law No. 76-102, as amended, being a By-Law
respecting the issuance of licenses.
91-266 -
A by-law to authorize the payment of $571,909.47 for general
purposes. (November 4, 1991).
The motion Carrie~ with Alderman Hinsperger abstaining from the vote on By-law
91-261, because employer bid against the company, and By-law No. 91-266, on a
conflict of interest previously recorded; with Alderman Craitor voting contrary
On By-law No. 91-262 and Alderman Orr voting contrary On By-law No. 91-261; and
with all others voting in fayour.
NEW BUSINESS
CT Scan for Niaqara Falls
Alderman Hendershot referred to an article in the Niagara Falls Review
which stated that the District Health council'had supported and approved the
GNGH'S CT Scan Proposal, and referred to discussions with Mr. John Cartar,
President and chief Executive Officer of the Greater Niagara General Hospital,
regarding Councll's supporting the endeavors o~ the GNGH in their request for
a CT Scan in the hospital.
- 10 -
It was moved by Alderman Hendershot, seconded by Alderman Sherar, that Council
provide a resolution indicating Council's support in the Hospital,s request for
a CT Scanner to the residents of the Niagara Falls area, and further that a copy
of the resolution be sent to The Honourable Frances Lankin, Minister of Health,
and Margaret Harrington, MPP, to ensure that this equipment is made available
as soon as possible. Carried Unanimousiv.
UDcominq Elections
Alderman Cummings wished all Council members and citizens the best of luck next
Tuesday, November 12, 1991 at the Municipal Elections.
Committee of the Whole
It was moved by Ward, seconded by Alderman Cowan that Council reconvene to
Committee of the Whole, Committee Room #1, to deal with an unfinished matter on
the Agenda. Carried UnanimousiV.
, , , , ,
It was moved by Alderman Cummings, seconded by Alderman Cowan, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
S. SMEATON
THIRTY-NINTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
November 18, 1991
Council met on Monday, November 18, I991, at 7:00 p.m., in Committee of
the Whole. All members of Council with the exception of Alderman Hinsperger,
were present. Alderman Orr presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
E. C. WAGG, CITY CLERK
S. SMEATON
REGULAR MEETING
Council Chambers
November 18, 1991
Council met on Monday, November 18th, at 7:30 p.m., for the purpose of
considering Regula~ Business. All members of Council, with the exception of
Alderman Hinsperger, were present. His Worship Mayor Smeaton presided as
Chairman.
?a}OPTION OF MINUTES
Alderman Orr, asked that the November 4th, 1991, Planning/Regular Meeting
Minutes, Page 9, be amended to read "that Alderman Orr voted contrary on By-law
No. 91-261".
ORDERED on the motion of Alderman Sherar, secondedby Alderman Cowan, that the
minutes of the Special Meeting held November i, 1991 be adopted as printed, and
that the Planning/Regular Meeting held November 4, 1991 be adopted as amended.
Carried Unanimousiv.
CONFLICTS OF INTEREST
Aldermen Craitor, Cummings and Ward declared conflicts of interest on
Communication No. 5 because they are members of an association that conducts
bingos.
DEPUTATIONS
His Worship Mayor Smeaton introduced Mrs. Liza Fare who presented a brief
summary of the flooding problems she has experienced since 1987. Mrs. Fare
referred to correspondence from General Accident Insurance which indicated that
the City of Niagara Falls had improperly connected sewers in her area. Mrs. Fare
requested that she be compensated by the City, as a result of the City improperly
connecting the sewers and which caused flooding in her basement.
The Chief Administrative Officer stated Mrs. Fare was seeking compensation
from the City not through the courts~ but that she wished the City to pay out
of pocket. The Chief Administrative Officer indicated the proper procedure would
be to go through the court system and bring an action against the City and have
the courts determine the issue.
On the motion of Alderman Craitor, seconded by Alderman Campbell, that Council
compensate Mrs. Liza Fare, that discussions take place between staff and Mrs.
Fare for reasonable compensation, and that staff come back to Council for
approval of that compensation. The motion was Defeated with the following vote:
AYE: Aldermen Campbell, Craitor, and Ward.
NAYE: Aldermen Cowan, Cummings, Hendershot, Hopkins, Janvary, Orr, Puttick, and
Sherar.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Puttick, that no
further action be taken at this time. The motion Carried with the following
vote:
AYE: Aldermen Cowan, Cummings, Hendershot, Hopkins, Janvary, Orr, Puttick, and
Sherar.
NAYE: Aldermen Campbell, Craitor, and Ward.
His Worship Mayor Smeaton introduced Mr. Jack McLaren who expressed
concerns about tourism in Niagara Falls. Mr. McLaren stated tourists spend
approximately $5,000.00 in our City in accom~nodations, food and souvenirs and
we must become more hospitable. Mr. McLaren suggested that park/bus benches be
installed at the Greenhouses and the School of Horticulture; that the area of
Highway 420 and Stanley Avenue be cleaned and spruced up, that Mayor Smeaton look
into the clean up of Regional properties and that an Ice Bridge Festival be held
after the Festival of Lights.
Mr. McLaren thanked Council for the opportunity to convey his suggestions
and concerns.
His Worship Mayor Smeaton acknowledged Mr. McLaren's efforts regarding
promoting Niagara Fails to our visitors, and expressed appreciation for his
suggestions.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Sherar, that
Mr. A. Terriaca be allowed to address Council. Carried UnanimouslV.
Mr. A. Terriaca, 6625 Linden Avenue, expressed his concerns regarding
construction on Stamford Green Road and indicated that the road is too low.
The Director of Municipal Works responded to Mr. Terriaca's concerns
regarding the road being lowered substantially, and informed that staff would
be contacting Mr. Terriaca on November 19th regarding those concerns and further
indicated that a supervisor would be inspecting the road construction and
discussing the matter with residents of the area.
COMMUNICATIONS
CoMunication No. 295 - Town of Fort Erie - Re: Proposed Increase In Ontario
Minimum Wage. The communication indicates that prior to undertaking any further
introduction of legislation or revision of existing legislation affecting the
labour force in the Province of Ontario, that a reflective examination of the
impact of such legislation occur with input sought from all municipalities in
the Province.
ORDERED on the motion of Alderman Cummings, seconded byAlderman Janvary, that
the recommendation in the communication be endorsed, and further that a copy be
sent to the Visitor and Convention Bureau. Carried UnanimousiV.
- 3 -
CoMunication No. 296 - Ministry of Housing - Re: Appointments to Local Housing
Authorities. The communication informs of the Ontario government's new public
appointments system for the province's agencies, boards and commissions and they
way it would be affecting appointments to Local Housing Authorities.
ORDERED on the motion of Alderman Cum~aings, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
CoMunication No. 297 - The City of Stoney Creek - Re: Resolution for the Sale
and Rental of Adult and Triple X-rated Videos. The communication requests
support in petitioning the Hon. Kim Campbell, Minister of Justice and Attorney
General (federal), the Hon. Howard Hampton, AttDrney General (provincial), and
the Hon. Davie Cooke, Minister of Municipal Affairs, to adopt tougher and tighter
conditions that will eliminate the sales and rentals of adult and triple x-rated
videos.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the resolution be endorsed. Carried Unanimously.
Communication No. 298 - Office of the Mayor - Re: Requesting permission to the
Indian Defense League of America to parade bi-annually. The communication
requests that the bond of friendship be cemented between our community and our
North American Indian friends by granting that permission be given to the Indian
Defense League of America to parade bi-annually on a day to be mutually decided
and to continue to have the use of our parks, free of charge, on this special
day.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, the
recommendation be received and adopted and further that the Solicitor handle the
details of the request. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Hendershot, Hopkins, Janvary, Puttick,
Sherar and Ward.
NAYE: Aldermen Cummings and Orr.
Communication No. 299 - Niagara Falls Big Brothers Inc. - Re: Increase in Bingo
Licenee Fees. The communication expresses concern regarding the increase in
bingo licence fees.
ORDERED on the motion of Alderman Hendershot, seconded byAlderman Orr, that the
communication be referred to staff. The motion Carried with Aldermen Craitor,
Cummings and Ward abstaining from the vote on conflicts of interest previously
recorded and with all others voting in fayour.
Communication No. 300 - Louise and Bob Hamilton, Morden Drive, Niagara Falls -
Re: Request for a water meter. The communication requests the installation of
a water meter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the communication be referred to Municipal Works, and that Mr. & Mrs. Hamilton
be invited to attend the Municipal Works committee meetings. Carried Unanimously.
It was further suggested byAlderman Puttick that Mrs. Maxwell be invited to
attend Municipal Works meetings where the installation of individual water meters
would be discussed.
Communication No. 301 - First Baptist Church - Re: Invitation to attend lOOth
Anniversary of the First Baptist Church. The communication requests that His
Worship the Mayor of Niagara Falls and all the City Council Members attend the
100th Anniversary, on sunday, January 26th, 1992 at 7:00 p.m.
ORDERED on the motion of Alderman cummings, seconded by Alderman Craitor, that
the request be received and adopted and further that Mayor Elect Wayne Thomson
and Council Elect attend. Carried Unanimousiv.
Coaz~unication No. 302 - La Residence Joie de Vivre Inc. - Re: Request for funds.
The communication requested funds for a repayment of $9,000.00 to the Canada
Mortgage and Housing Corporation.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
matter be referred to the Finance Committee for consideration. Carried
UnanimousIv.
REPORTS
B-91-75 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for October, 1991. The report recommends that this report be
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
the report be received and filed. Carried Unanimously.
B-91-76 - Chief Administrative Officer - Re: Sign By-law Amendment. The report
recommends that City Council approve the by-law appearing on tonight's agenda,
which amends the City's Sign By-law, beingBy-law No. 6661, section 6 (a) 6, as
amended, to read: "Ground signs that advertise any business, product or service
shall be related to the business, product or service located on the property,
unless the ground sign does not exceed a maximum surface area of 32 square feet".
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
report be received and adopted. Carried UnanimouslV~
See By-law No. 91-277.
B-91-77 - Chief Administrative Officer - Re: King Edward Hotel, Demolition. The
report recommends that PRW Excavating Contractors Ltd. of Niagara Fails be
awarded the contract to demolish and clear the site of the King Edward Hotel at
the tendered price of $61,097.20.
ORDERED on the motion of Alderman Hendershot, seconded byAlderman Orr, that the
report be received and adopted. Carried Unanimousiv.
B-91-78 - Chief Administrative Officer - Re: Sign Application Niagara Helicopters
Ltd. 3731 Victoria Avenue. The report recommends that City Council approve the
application for a ground sign having a height of eighty feet.
ORDERED on the motion of Alderman Orr, seconded byAlderman Hendershot, that the
report be received and adopted. Carried Unanimously.
MW-91-304 - Municipal Works Committee - Re: I) Petition for Reconstruction of
Pine Grove Avenue between Murray Street and Culp Street; II) Petition for
Sidewalk on Montrose Road, North of Thorold Stone Road; III) Stohan Street
Parking Restriction. The report recommends the following:
l)
MW-91-282 - Petition for Reconstruction of Pine Grove Avenue between Murray
Street and Culp Street.
That Pine Grove Avenue not be considered for full road
reconstruction until such time that a storm sewer outlet is
available;
That the section between Symmes Street and Delaware Street on Pine
Grove Avenue be considered in the 1992 Asphalt Overlay Program;
That the remaining two sections of Pine Grove Avenue, Culp Street
to Delaware Street and Symmes Street to Murray Street be considered
for minor asphalt patching in 1992.
- 5 -
n)
MW-91-208 - Petition for Sidewalk on Montrose, North of Thorold Stone
Road.
That a decision to construct a sidewalk on Montrose Road north of Thorold
Stone Road be deferred for integration with the design of development and
reconstruction plans for various projects in the area which are expected
to be finalized by mid to late 1992.
III) MW-91-167 - Strohan Street Parking Restriction.
That parking be restricted at all times on the north side of Strohan Street
from Johnson Drive to Addison Avenue.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the
report be received and adopted. Carried UnanimousiV=
MW-91-307 - Municipal Works Committee - Re: Municipal Works Committee Reports:
I) Water Connection at 6159 Progress Street; and II) Community Mailboxes,
Procedural Review. The report recommends the following:
I) MW-91-219, Water Connection at 6159 Progress Street -
1) That the owner of a building at 6159 Progress Street, Mr. Keith Lumley,
pay the City $459.39 for water and sewer charges not billed from January
1, 1989 to September 25, 1991;
2) That Mr. Lumley and Mr. Fermino Susin be advised in writing as to the
procedures to be followed under By-law 75-20 to install a water service
and meter.
MW-91-294, Community Mailboxes, Procedural Review.
That this report be received and filed for information of Council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the
report be received and filed. Carried UnanimousIv.
PD-91-153 - Chief Administrative Officer - Re: Zoning Amendment Application AM-
2/91, 828312 Ontario Inc., 25 Unit Townhouse Project, Determination of Need for
Further Public Notice. The report recommends the following:
1) That Council, prior to the passing of the amendingby-law for the townhouse
project, determine by resolution, in accordance with Section 34(I6) of the
Planning Act, that the changes proposed after the holding of the Public
Meeting will not require the giving of a further notice;
2) That Council pass the amending by-law in aocordance with Section 34(17) of
the Planning Act.
Mrs. Vanderschoat, 7937 Sarah Street, the representative of the site planning
committee, indicated that the residents were not aware of the by-law being
brought forth and requested a delay of two weeks to work out the 19 foot
discrepancy and would give Mr. Barrich and the residents some time to settle
their dispute.
The Director of Planning responded to Mrs. Vanderschoat's concerns and stated
that if the 19 foot set bamk is an item of contention, the matter should be held
back.
ORDERED on the motion of Alderman Ward, seconded byAlderman Orr, that the matter
be tabled to the next Regular Council meeting. The motion Carried with the
following vote:
AYE: Aldermen Campbell, Cowan, Hendershot, Hopkins, Janvary~ Orr, Puttick,
Sherat and Ward.
NAYE: Aldermen Craitor and Cummings.
- 6 -
PD-91-155 - chief Administrative Officer - Re: Wetlands Planning Policy
Statement. The report recommends the following as revised by the Environmental
Planning & Greening Committee:
1) That the draft Policy Statement on Wetlands not be supported until such time
as the following items are addressed:
(a)
that deletion of the Ramsey Woodlot and Grassybrook Areas as
Provincially Significant Wetlands (Class III), based on their location
within the City's Urban Area;
(b) that clarification be provided regarding development opportunities
within the defined "wetland complex";
(c) that it be recognized that, on occasion, there will be relief necessary
within some Provincially Significant Wetlands to assist in implementing
appropriate agricultural/rural drainage schemes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that
the report be received and adopted. Carried Unanimously.
PD-91-158 - Chief Administrative Officer Re: Interim Control Amendment
Application, IMC-20/91, Dominic Carchidi. The report recommends the following:
1) That Interim Control Amendment Application IMC-20/91 be approved, subject to
the conditions of this report;
2) That Council adopt the respective by-law appearing on tonight's agenda.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hopkins, that the
report be received and adopted. Carried UnanimousIv.
See By-law No. 91-267A
PD-91-160 - Chief Administrativ~ Officer - Re: Committee of Adjustment
Application A-79/91, Horizon Adventures Incorporated. The report recommends that
this report be received and filed for information purposes.
ORDERED on the motion of Alderman Cowan, seconded byAlderman Hendershot, that
the report be received and filed. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cowan, Craitor, Hendershott Hopkins, Janvary, Orr,
Puttick, Sherar and Ward.
NAYE: Alderman Cummings.
F-91-43 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $998,901.07 for the period ending November
18, 1991 be approved by the passing of the by-law appearing later on the agenda.
Additional information was provided on Cheque Nos. 72628 and 72688.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimousl~
See By-law No. 91-278.
ORDERED on the motion of Alderman Ward, and seconded by Alderman Hopkins, that
the Solicitor's request to have Reports S-91-44, and S-91-45 withdrawn, approved.
Carried Unanimousiv.
S-91-46 -- Chief Administrative Officer - Re: Ontario Hydro Correcting Deed to
the City, Part of Hydro Haulage Road Lying Within Part I on Reference Plan 59R-
2005. The report recommends that a Transfer/Deed from Ontario Hydro to the City
for that part of a road allowance lying within Part 1 on Reference Plan 59R-2005
and registered as Instrument Number 617183 on September 24, 1991, be accepted
by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
NO. 52 - WARD - HENDERSHOT - 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 1991, for construction and maintenance, the total amount being $6,681.00;
AND the Seal of the Corporation be hereto affixed.
Carried UnanimousiV.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
the following by-law be now read a third time:
No. 91-85 - A by-law to authorize the construction of certain works as local
improvements under Section 12 of the Local Improvement Act.
Carried UnanimouslF.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
91-267A - A by-law to amend By-law No. 90-329, as amended.
91-268 - WITHDRAWN
91-269 - WITHDRAWN
91-270 - A by-law to amend By-law 79-200, as amended (A~-22/90 Gorge Holdings
Report PD90-130 adopted by Council September 17/90).
91-271
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 drawing otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1983. (Gorge Holdings)
91-272 WITHDRAWN
91-273 WITHDRAWN
91-274
A by-law to amend By-law 79-200, as amended (AM-26/91, Robert &
Elizabeti] Gortson; Report PD-91--127, adopted by Council September
9/91).
91-275
A by-law to authorize the execution of an agreement with Chapman
Murray Associates Architeots Inc. respecting the gateway at Valley
Way and Victoria Avenue.
91-276
91-277
91-278
91-279
91-280
A by-law to authorize the payment of $379,392.32 for general
purposes (November 11, 199I).
A by-law to amend By-law 6661.
A by-law to authorize the payment of $998,901.87 for general
purposes. (November 18, 1991).
A by-law to amend By-law 89-2000, being a by-law to regulate parking
and traffic.
A by-law to amend By-law 89-2000, a by-law to regulate parking and
traffic. . ......
Carried UnanimousiV
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
following by-laws be now read a second and third time:
91-267A - A by-law to amend By-law No. 90-329, as amended.
91-268 - WITHDRAWN
91-269 - WITHDRAWN
91-270 - A by-law to amend By-law 79-200, as amended (AM-22/90 Gorge Holdings
Report PD90-130 adopted by Council September 17/90).
91-271
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 drawing otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1983. (Gorge Holdings)
91-272 - WITHDRAWN
91-273 - WITHDRAWN
91-274
A by-law to amend By-law 79-200, as amended (A1~-26/91, Robert &
Elizabeth Gortson; Report PD-91--127, adopted by Council September
9/91).
91-275
A by-law to authorize the execution of an agreement with Chapman
Murray Associates Architects Inc. respecting the gateway at Valley
Way and Victoria Avenue.
91-276
A by-law to authorize the payment of $379,392.32 for general
purposes (November 11, 1991).
91-277 - A by-law to amend By-law 6661.
91-278 - A by-law to authorize the payment of $998,901.87 for general
purposes. (November 18, 1991). ~
91-279 - A by-law to amend By-law 89-2000, being a by-law to regulate parking
and traffic.
91-280 - A by-law to amend By-law 89-2000, a by-law to regulate parking and
traffic.
parried Unanimousl
NEW BUSINESS
GarbaGe at Whirlpool Road Bridqe
Alderman Orr requested the status on the pick up of garbage near Whirlpool
Road Bridge. The Director of Municipal Works indicated that Ontario Hydro would
be placing a fence around the area to prevent individuals from littering the
area. It was recommended that the Municipal Works Department have the debris
picked up immediately and further, that a report be brought back to Council
regarding the fencing.
Sewaqe Treatment Studv
Alderman Hopkins referred to the Notice of Public Information Centre
regarding "Long-Term Sewage Treatment Needs Study for Central Niagara" as part
of the studyprocess and in accordance with requirements of the Class Environment
Assessment for municipal sewage projects, a Public Information Centre is
scheduled for Wednesday, November 20, 1991 at the Niagara Regional Headquarters
Building, from 7:00 p.m.- 9:00 p.m.
BV-law 91-235 Niagara Falls Official Plan
Alderman Puttick referred to the Mountainview Homes correspondence sent
to the Ministry of Municipal Affairs requesting the Niagara Falls Official Plan
be directed to the Ontario Municipal Board, and inquired whether Planning staff
could meet with these individuals and discuss some of their concerns.
Hvdro Propertv
Alderman Puttick referred to Hydro Property, lands which included the Boat
Club, Golf Course and Trailer Park. The Director of Parks and Recreation stated
a report would be presented at the next Council meeting.
Regional Development CharQes Bv-law
Alderman Puttick referred to the Regional Development Charges By-law and
indicated that Council should object to this By-law. It was indicated that the
matter would be reviewed, and that the by-law could still be amended.
Dorchester Road, Drummond Road
Alderman Sherar inquired when Dorchester Road would be reopened and
referred to the temporary closure of Drummond Road and would steel plates be used
at the CN railway crossing. The Director of Municipal Works stated he would
respond as soon as he had all the particulars.
Farewell to Mavor William S. Smeaton
Alderman Janvary advised that a reception will be held on Tuesday, November
26, 1991 from 2:30 p.m. to 4:30 p.m. at City Hall to bid farewell to outgoing
Mayor Smeaton.
Farewell
Alderman campbell conveyed best wishes to the re-elected Council members
and the newly elected council and indicated he will now have the opportunity to
pursue his special interests and be able to spend more time with his family.
Mayor Smeaton wished Alderman Campbell the best of luck in all of his
future endeavors.
, , , , ,
- 10
It was moved by Alderman Cummings, seconded by Alderman Cowan, that the
meeting adjourn. Carried Unanimousiv.
READ AND ADOPTED,
.!
FORTIETH I~ETING
COPf4ITTEE OF THE WIIOLE
Committee Room
November 25, 1991
Council met on Monday, November 25, 1991, at 7:00 p.m., in Committee of the
Whole. All members of Council with the exception of Alderman Campbell, were
present. Alderman Puttick presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
November 25, 1991
Council met on Monday, November 25th, at 7:30 p.m., for the purpose of
considering Regular Business. All members of Council, with the exception of
Alderman Campbell, were present. His WorshipMayor Smeaton presided as Chairman.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherat, that
the minutes of the Regular Meetingheld November 18, 1991 be adopted as printed.
Carried Unanimously.
CONFLICTS OF INTPP, EST
Alderman Hendershot declared a conflict of interest on Report No. CD-91-68,
because a member of his family owns a business in the area.
AIderman Hopkins declared a conflict of interest on Report No. CD-91-68,
because his employer has a business relationship.
Alderman Hinsperger declared a conflict of interest on Report No. F-91-44,
Cheque Nos. 72936, 72938 and 73430, because a family member is employed by the
company.
Alderman Orr declared a conflict of interest on Report No. F-91-44, Cheque
No. 72916, because she is employed by the company.
Prior to conducting further Council matters, Alderman Ward presented His
Worship Mayor Smeaton with n gift of an Innnit Sculpture on behalf of the 1989-
1991 Council members.
- 2 -
- 3
DEPUTATIONS
REPORTS
Mrs. Laforge, Social Justice Committee of Niagara Falls, addressed Council
and indicated that the Committee wished to raise the awareness of the community
regarding pornography and violence against women, by presenting their video
entitled "Pornography: Freedom Sacrificed". Mrs. Laforge warned there was course
language and explicit scenes used in the film.
Following further discussion, it was determined that Council Chambers was
not the proper forum for such a film to be shown, and further, if the new Council
wished to view the film, scheduling should be done through the Clerk's
Department.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the video not be shown at a public meeting in Council Chambers. Carried
Unanimously.
His Worship Mayor Smeaton introduced Mrs. Sharon Stevenson who indicated
she had been in the recent bus accident where approximately 20 children had been
injured. Mrs. Stevenson requested Council~s support for a petition to enforce
the use of seatbelts on buses.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
a resolution supporting the enforcement of seatbelts on buses be sent to AMO,
that a copy be sent to Margaret Harrington, MPP, and the local school boards, and
further, that a report considering the pros and cons on the use of seatbelts be
brought to Council following receipt of the AMO report. Carried Unanimously.
B-91-79 - Chief Administrative Officer - Re: King Edward Hotel Demolition
Contract. The report recommends that Council approve the by-law appearing on
tonight's agenda, authorizingan agreement between the City and P.R.W. Excavating
Ltd. for the demolition of King Edward Hotel.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-281.
HW-91-311 - Municipal Works Committee - Re: Municipal Works Committee Report:
Centre Street Reconstruction and Streetscape Upgrade Project. The report
recommends the following:
1) That the Local Improvement Area By-law for the streetscape upgrade works on
Centre Street from Victoria Avenue to Lewis Avenue at an estimated cost of
$123,000 be presented to the New Council on December 9, 1991 for
consideration;
2) That the Centre Street owners Petition in favour of these streetscape upgrade
initiative works be received;
3) That the award of the Centre Street Reconstruction Contract be presented to
the Council Meeting of Monday, December 23, 1991 for construction to commence
on January 6, 1992 for completion by May 15, 1992.
ORDERED on the motion of Alderman Janvary, seconded byAlderman Craitor, that the
report be received and adopted. Carried UnanimouslE~
C01WIUHICATIONS
Communication No. 303 -MetroToronto Residents w Action Committee - Re: Dangerous
6nods Rail Accidents. The communication indicates that the M-TRAC organization
is seeking remedies through the courts regarding reducing dangerous goods rail
incidents.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the communication be received and filed. The motion T,~ with the following
vote:
AYE: Aldermen Cowan, Craitor, Cummings, Hinsperger, Hopkins, Janvary, Orr,
Shetar, and Ward.
NAYE: Aldermen Hendershot and Puttick,
Communication No. 304 - Niagara Transit - Re: Operational and Strategic Review
Report. The communication provides a status report on the Operational and
Strategic Review of Niagara Transit.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the communication he received and filed. Carried Unanimously.
Communication No. 305 - Project SHAR~ - Re: 1992 Application and Budget
Submission. The communication requests a total amount of $68,644.00 for their
programs.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan that the
request be referred to the Finance Committee. Carried Unanimously.
MW-91-313 - Chief Administrative Officer - Re: Westview Estates Subdivision
Agreement. The report recommends the following:
i) That the By-law appearing on tonight's Agenda authorizing staff to execute
the Subdivision Agreement be approved;
2) That the City's share of the cost of the oversized storm sewer on Kalar Road
(estimated at $14,750) be paid from the Expansion & Renewal Fund.
ORDERED on the motion of Alderman Cummings, seconded byAldermanSherar, that the
report be received and adopted. Carried Unanimouslv~
See By-law No. 91-285.
MW-91-315 - (HANDOUT) -MunicipalWorksCommittee - Re: Municipal Works Committee
Report: Tourism Map Print Quotation. The report recommends that the quotation
for the printing of the TourismMap on recycled paper be aware to Renown Printing
Co. Ltd. (Niagara Falls, Ontario), the second-low bidder at $21,390.00.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
1v~t-91-316 - (HANDOUT) -MunicipalWorksCommittee - Re: Municipal Works Committee
Report: Request for Free Parking Downtown on Saturdays During the Month of
December. The report reco~nends that permission be granted to the Downtown Board
of Management to allow free parking Downtown on Saturdays for the month of
December, 1991.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
report be received and adopted. Carried UnanimouslFL
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pD-91-15Y - Chief Administrative Officer - Re: Request for Building Permit and
Exemption from Interim Control, IMC 19/91, A. & D. DiCiocco, Pc. 2, RP 59-2700,
Yokum Road. The report recommends the following:
1) That the request for a building permit and exemption from Interim Control
for Part 2 of Reference Plan 59R-2700, be approved subject to the normal
requirements of the City. including entering into a development agreement
and payment of the required impost fee at the time of issuance of building
permit;
2) That Council adopt the respective by-law (exempting Part 2 of Reference
Plan 59R-2700 from Interim Control) appearing on tonight #s agenda;
3) That the Clerk's Department advise the applicant of Council's decision.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hopkins, that the
report be received and adopted. Carried Unanimously.
PD-91-161 - Chief Administrative Officer - Re: Application for Exemption from
Part Lot Control, Lots I to 27, AScot Woods Extension 4, Plan 59M-200. The
report recommends the following:
l) That the request from Brian Sinclair, on behalf of F. Grossi Construction
Ltd., Kenmore Homes (198Y) Inc. and John Mikulcic Construction Ltd., to
exempt Lots 1 to 27, Registered Plan 5914-200, from Part Lot Control be
approved and an agreement be entered into whereby the applicants will only
build 54 semi-detached dwelling units on the lots which will only be
divided in half;
That Council pass the appropriate by-law to designate the lands as exempt
from Part Lot Control and a by-law authorizing the entering into of an
agreement which would maintain control of development on the lands.
2)
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hendershot,
that the report be received and adopted. Carried Unanimously.
See By-law No. 91-284.
R-91-47 - Chief ~dm~nistrative Officer - Re: Brine Header for Lion's Outdoor
Rink. The report recommends that Cimco-Lock be contracted to provide and install
a return brine header for the refrigeration system at Lion's Outdoor Rink at a
cost of $13,812.02.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
R-91-48 - (~ANDOUT) - Chief ~dministrative Officer
River. The report recommends the following:
1)
2)
Re: Hydro Lands, Welland
That Council authorize staff to inform Ontario Hydro that the City is
interested in ensuring that the lands along the Welland River are
maintained as a public resource, but that a long-term lease for all or
part of these lands is premature until such time that a detailed study of
the issues, opportunities and implications of such a lease has been
undertaken.
That the City inform Ontario Hydro that it is not interested in leasing
the properties currently under lieonce between Hydro and third parties,
specifically Marineland, Welland Securities and the Chippawn Boat Club.
However, the City would request the opportunityfor input into anyfuture
proposals for these properties to ensure their continued uses are in the
best interest of the general public.
- 5 -
3)
4)
That staff be directed to investigate various sources of funding to
conduct a Waterfront Study of the lands along both banks of the Welland
River from Chippawa to the Queen Elizabeth Way. and to allocate
appropriate matching funds in the 1992 Operating Budget to cover the
CitY#s portion of the study.
That Council request Ontario Hydro to recognize the Citv#s interest in the
lands and maintain the status quo with respect to licences and boat dock
permits until such time as an appropriate study has been undertaken.
Mr. Brian Sinclair, Solicitor, indicated he was in agreement with the
report, which, he felt was logical and fair and stated he had no concerns
regarding the recommendations in the report.
Mr. J. Mason, 4230 Front Street, stated that residents whose properties
abut the Hydro property, have lease access from Ontario Hydro. Mr. Mason
expressed concern that the residents in the area had not been represented in the
report nor had they been informed of any meetings, and that they would like to
be noted on the document. Mr. Mason indicated that the residents would rather
deal with the City than Hydro, as longas it was in keeping with their interests.
The Director of Parks and Recreation responded to Mr. Mason#s concerns by
stating if a detailed study was to be undertaken, it would be through the public
process and that a report would be compiled from all the parties involved in the
process.
See By-law No. 91-283.
Cl)-91~68 - Chief Administrative Officer - Re: Proposed Plan of Condominium
Subdivision - #'Springdale Condominium"; Owner: PSM Developments Ltd. (Mr. Donato
Colangelo). The report recommends that the Springdale Condominium Subdivision
be approved subject to the conditions enumerated in this Report.
His Worship Mayor Smeaton received indication that the applicant, Mr.
Donato Colangelo was in attendance to answer any questions. Mayor Smeaton
received a negative response to his request for comments from persons other than
the applicant or his agent, in support or in opposition to the application.
ORDERED on the motion of Alderman Cummings, seconded byAldermanHinsperger, that
the report be received and adopted. The motion r~ with Aldermen Hendershot
and Hopkins abstaining from the vote on conflicts of interest previously recorded
and with all others voting in fayour.
CD-91-69 - Chief ~dm~nistrative Officer - Re: Special Occasion Permit, Regency
Hockey Ltd. - Hockey 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 byAlderman Hendershot, that
the report be received and adopted. Carried UnanimoUsly.
C1}-91-70- (HANDOUT) - Chief Administrative Officer - Re: Appointments to Boards,
Commissions and Committees - December 9, 1991. The report recommends that
Council hold a meeting on December 9, 1991 for the above-noted purpose,
ORDERED on the motion of Alderman Puttick, seconded byAlderman Hendershot, that
the matter be dealt with by the new Council Elect. C' '
CD-91-?I - Chief ~dmlnistrative Officer - Re: Special Occasion Permit, Greater
Niagara General Hospital; City Council Inaugural and CT ScanKickoff. The report
recommends that Council indicate that 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 Hendershot, seconded byAlderman Cummings, that
the report be received and adopted. Carried Unanimously.
...6
- 6 -
- 7 -
F-91-44 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $1,469,699.90 for the period ending
November 25, 1991 be approved by the passing of the by-law appearing later on the
agenda.
Additional information was provided on Cheque No. 73501; and further
information was requested from Clerk's Department on Cheque No. 72934 and Cheque
No. 73515.
ORDERED on the motion of Alderman Cummings, and seconded by Alderman Orr, that
a resolution be brought back to next Council meeting regarding outside cleaning
services vs. in-house cleaning services. Carried Unanimously.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. The motion Carried with Aldermen Hinsperger and
Orr, abstaining from the vote on conflicts of interest, on cheque numbers
previously recorded, and with all others voting in fayour.
See By-law No. 91-286.
The Director of Municipal Works referred to the construction on Stamford
Green Drive and stated that the curb would be removed to a higher grade, at a
cost of approximately $20,000. The Director of Municipal Works indicated there
would be no additional costs to the residents.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
following by-laws be now read a second and third time:
91-281 -
A by-law to authorize the execution of an agreement with PRW
Excavating Contractors Ltd. for the demolition of the King Edward
Hotel.
91-282 - WITHDRAWN
91-283 -
A by-law to amend By-lawNo. 90-329, as amended. (Yokum & McKenne
Roads)
91-284 -
91-285 -
A by-law to authorize the execution of an agreement designati,~
certain lands not to be subject to part lot control,
A by-law to authorize the execution of a subdivision agreement with
800460 Ontario Limited and others respecting Westview Estates
Subdivision.
91-286 -
A by-law to authorize the payment of $1,469,699.90 for General
Purposes. (November 25, 1991).
The motion~.trl~ with Aldermen Hinsperger and Orr abstaining from the vote on
By-law No. 91-286, on conflicts of interest previously recorded, and with all
others voting in fayour.
The Solicitor referred to the following recommendations, agreed to earlier
this evening in Committee of the Whole: I) That the requirement for a Letter of
Credit be deleted from the Agreement with Telecommunications Terminal Systems;
2) That legal action with 687876 Ontario Ltd. in the amount of $13,900 be
settled; and 3) Judicial review of arbitrators award, involving a City employee.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
recommendations be received and adopted. The motion~3SIj~ with Alderman Orr
~uting contrary to the recommendation in Item #1 and with all others voting in
favour.
91-281 -
A by-law to authorize the execution of an agreement with PRW
Excavating Contractors Ltd. for the demolition of the King Edward
Hotel.
91-282 -
91-283 -
91-284 -
91-285 -
A by-law to amend By-law No. 90-329, as~ amended. (Yokum & McKenne
Roads)
A by-law to authorize the execution of an agreement designating
certain lands not to be subject to part lot control.
A by-law to authorize the execution of a subdivision agreement with
800460 Ontario Limited and others respecting Westview Estates
8ubdivision.
91-286 - A by-law to authorize the payment of $1,469,699.90 for General
Purposes. (November 25, 1991).
The motion ~ with Aldermen Hinsperger and Orr abstaining from the vote on
By-law No. 91-286, on conflicts of interest previously recofded, and with all
others voting in fayour.
NEW BUSINE88
Can-Du Air Ltd.
Alderman Cummings referred to a letter from Transport Canada regarding an
application from Can-DuAir Ltd. to operate a heliport in Niagara Falls. It was
recommended that staff bring an updated report on their position to the next
Council meeting through the CAO's office.
Alderman Hopkins bid farewell to Council members and conveyed his best
wishes to the re-elected Council members, Mayor Elect Thomson, and the new
Council Elect.
Alderman Hinsperger expressed appreciation to City staff for all their co-
operation and assistance in the past eleven years, and welcomed the newly elected
members to Council.
His WorshipMayor Smeaton thanked Alderman Hinsperger and Alderman Hopkins
for all their efforts as members of Council and wished them both the best of luck
in their future endeavors.
Mr. Jack Collinson, former Chief Administrative Officer, expressed his
appreciation to the 1989-1991 Council for a job well done and conveyed best
wishes to the newly elected Council. Mr. Collinson thanked Mayor Smeaton for the
opportunity of working with him and stated he looked back on those times with a
great deal of satisfaction.
Mr. Paul Brennan, former City Clerk, expressed best wishes to Council
members and congratulated Alderman Cummings and Mayor Smeaton on their election
victories.
His Worship Mayor Smeaton thanked Mr. Collinson and Mr. Brennan for
attending his final council meeting, and wished them well in their endeavors.
Mayor Smeaton's Farewell to Council
His Worship Mayor Smeaton discussed his term of office as Mayor for the
City of Niagara Falls, and referred to his Inaugural Address of March 5, 1984.
Mayor Smeaton indicated the main theme and objective of his administration had
been "TeamWork" and that there had always been a spirit of teamworkwith Council
and members of staff.
His Worship Mayor Smeaton referred to the followiugaccomplishments during
his term in office: Junior A Hockey Team; Sports Wall of Fame at Niagara Falls
Arena; prevention of the OWMC facility from coming to Niagara Falls; Major
renovations at Oakes Park; Arts & Culture Commission; Blue Box Program; Emergency
Evacuation Plan; New City Official Plan; Downtown Streetscape; Tourism Master
Plan; and the Tissue Donor Memorial.
Mayor Smeaton expressed appreciation to his family and staff, and offered
congratulations and best wishes to the Council members.
It was moved by Alderman Cummings, seconded by Alderman Cowan, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
' ' '
S. SMEATON
'm'FW .i.
INAUGURAL MEETING
Optimist Club
December 2, 1991
In accordance with the provisions of The Municipal Act and By-law No. 89-
155 of the City of Niagara Falls, the Council met at 9:00 p.m. in the Main Hall
of the Optimist Club. The City Clerk called the 1991 Inaugural Meeting of
Council to order. The Council included His Worship Mayor Wayne Thomson, and
Aldermen Bruce Cowan, Patrick Cummings, Kim Craitor, Shirley Fisher, Margaret
Germano, Gary Hendershot, Paisley Janvary, Judy Orr, Norman Puttick, Ed Sherar,
Fermino Susin, and Bruce Ward. All members of Council were present.
Monsignor Vincent Ferrando offered the Prayer of Invocation.
The City Clerk called upon His Hunour Judge Wallace to administer the Oaths
of Office to Wayne Thomson and the Aldermen.
The Statutory Declarations of Office and Qualifications werefiled with the
City Clerk.
It was Ordered on the motion of Cummings, seconded by Alderman Hendershot,
that a vote of thanks be extended to Monsignor Vincent Ferrando for offering the
Prayer of Invocation and soliciting divine guidance for the 1992-94 Council.
Carried Unanimously.
It was Ordered on the motion of Alderman Craitor, seconded by Alderman
Germano, that a vote of thanks be extended to His Hunour Judge Wallace for
administering the Oaths of Office to His Worship Mayor Wayne Thomson and to the
Members of City Council. Carried Unanimously.
Following the Invocation, Father Anthony Inneo offered the ClosingPrayer.
It was Ordered on the motion of Alderman Ward, seconded by Alde~anPuttick
that a ~te of thanks be extended to Father Anthony Inneo for providing the
Closing Prayer. Carried Unanimously.
His Worship, Mayor Wayne Thomson, expressed thanks to Mr. Leo Dopke,
President, Central Veterans, the Police Pipers, His Hunour Judge Wallace,
Monsignor Ferrando andFather Innco. Mayor Thomson stated that Council had fully
endorsed and supported the Inaugural to be a community event, on behalf of the
Greater Niagara General Hospital#s CT Scan and thanked the citizens of Niagara
Falls for their attendance and support of this very important cause.
***~,
Following His Worship Mayor Wayne Thomson's speech it was Ordered on the
motion of Alderman Janvary, seconded by Alderman Orr that the meeting adjourn.
Carried Unanimously.
READ AND ADOPTED,
'
MA ~YNE THOMSON
FORTY-FIRSTMEETIN6
SPECIAl, t4EETING
Council Chambers
December 3, 1991
Council met on Tuesday, December 3, 1991, at 4:30 p.m. for the purpose of
considering Appointments to Boards, Commissions and Committees for 1992, 1993,
1994. All members of Council were present.
APPOINTMENTS TO BOARDS, COI~4ISSIONS,~
Office of the Mayor - Mayor Thomson - Re: Recommendations for Chairmen to the
following Standing Committees:
FINANCE COI~4ITTEE
MUNICIPAL WORKS CO~e4ITTEE
PARKING & TRAFFIC COMMITTEE
ENVIRONMENTAL PLANNING & GREENING CON~4ITTEE
CIVIC COMMITTEE
Alderman Pat Cummings
Alderman Gary Hendershot
Alderman Bruce Ward
Alderman Paisley Janvary
Alderman Gary Hendershot
Following a discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Ward, that the appointments be made by ballot, with those
obtaining the majority of Council vote filling the vacancy, and those receiving
the least number of votes being eliminated on a subsequent ballot and that in the
event of a tie vote, there would be a subsequent ballot. C rr' Unani sl
Alderman Susin declared a conflict of interest on the Niagara Falls Humane
Society appointments, because a member of his family is involved.
ARTS & CULTURE COI~4ISSION - It was moved by Alderman Puttick, seconded by
Alderman Germano, that Aldermen Hendershot and Shetar be appointed as Council
representatives to the Arts & Culture Commission and that Elizabeth Bird, Ed
Fantinel, George Gordon, Ted Krasowski, Barbara Morellato, Connit Valkenburg,
David Watts be appointed as Citizen representatives to the Arts & Culture
Commission for the 1992-1994 term. Carried UnanimousiV.
CllAI4BER OF COI~4ERCE BOARD OF DIRECTORS - It was moved by Alderman Hendershot,
seconded by Alderman Cowan, that Alderman Craitor be appointed to the Chamber of
Commerce Board of Directors, and Mayor Thomson as an alternate representative for
the 1992-1994 term. Carried Unanimousiv.
COMMITTEE OF ADJUSTt4ENT - It was moved by Alderman Hendershot, seconded by
Alderman Cummings, that Gord Goulty, JakeHiebert, W.A. Hinsperger, Mark Hopkins
and Guy Prata be appointed as Citizen representatives to the Committee of
Adjustment for the 1992-1994 term. Carried Unanimously.
COP~4UNITY RRSOURCRS CENTRE MANAGFI4ENT COI~4ITTEE - It was moved by Alderman
Cummings, seconded by Alderman Craitor, that Aldermen Fisher and Orr be appointed
to the Community Resources Centre Management Committee for the 1992-1994 term.
Carried Unanimously.
It was moved by AldermanJanvary, seconded by Alderman Cowan, that Chris
Biasucci, Mike Jones, and Eloise McArthur be appointed as Citizen representatives
to the Community Resources Centre Management Committee, for the 1992-1994 term.
Carried Unanimously.
COURTS OF REVISION (Local Improvements & Drainage Act) - It was moved by
Alderman Cowan, seconded by Alderman Hendershot, that Mike Jones, Edward Kearns
and Ted Krasowski be appointed as Citizen representatives on the Local
Improvements to the Courts of Revision, for the 1992-1994 term. Carried
Unanimously.
GRFATERNIAGARAGENERALHOSPITAL BOARD OFGOVERNORS - It was moved by Alderman
Janvary, seconded by Alderman Cowan, that Aldermen Cummings, Germano and Susin
be appointed to the Greater Niagara General Hospital Board of Goveruors for the
1992-1994 term. Carried Unanimously.
GRFATER NIAGARA SENIOR CITIZENS A~SOCIATION - It was moved by Alderman
Hendershot, seconded by Alderman Cummings, that Aldermen Germano and Sherar be
appointed to the Greater Niagara Senior Citizens Association for the 1992-1994
term. Carried UnanimouslY.
GRFATERNIAGARA TRANSIT CON~ISSIOH - It was moved by Alderman Puttick, seconded
by Alderman Sherar, that Mayor Thomson be appointed to the Greater Niagara
Transit Commission for the 1992-1994 term, and Gordon Consell, Rudolph H. Meuser,
be appointed as Citizen representatives for the 1992-1993 term. Carried
Unanimously.
LIVESTOCK &POULTRY VALUERS - It was moved by Alderman Hendershot, seconded by
Alderman Janvary, that the incumbents John Bouw and Leonard McRae be reappointed.
Carried Unanimously.
LOCAL ARCHITECTURAL CONSERVATIONADVISORY COtq4ITTEE (LACAC) - It was moved by
Alderman Janvary, seconded byAlderman Puttick, that Alderman Sherar be appointed
to the Local Architectural Conservation Advisory Committee and James Harris and
Mark Hopkins be appointed as Citizen representatives to serve the ongoing term.
Carried Unanimously.
LOCAL COUNCIL OF WO~ - It was moved by Alderman Cowan, seconded by Alderman
Janvary, that Alderman Fisher be appointed to the Local Council of Women for the
1992-1994 term. Carried Unanimously.
MDRICIPAL NON PROFIT HOUSING CORPOP,~TION - It was moved by Alderman Germano,
seconded by Alderman Cowan, that Aldermen Janvary, Orr and Ward be appointed to
the Municipal Non Profit Housing Corporation for the t1992-1994 term. C~rried
Unanimously.
NIAGARA DISTRICT AIRPORT CO~ISSION - It was moved by Alderman Janvary,
seconded by Alderman Hendershot, that Alderman Cowan be appointed to the Niagara
Falls Airport Commission, and Alderman Puttick be appointed as an alternate
representative for the 1992-1994 term. Carried Unanimously.
NIAGARA F~LLS ~OAR~OFMUSHUMS - It was moved by Alderman Janvary, seconded by
Alderman Cummings, that Aldermen Hendershot and Ward be appointed to the Niagara
Falls Board of Museums for the 1992-1994 term. Carried Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Hendershot that
April Petrio Antonio, Robert J. Foley, Mark Hopkins be appointed as Citizen
representatives to the Niagara Falls Board of Museums for the 1992-1994 term and
that Ann Andres-Jones be appointed to fill the unexpired term (1992-1993) of Anne
Angelone. Carried Unanimously.
NIAGARA FALLS CANADA VISITOR & CONVENTION BUREAU - It was moved by Alderman
Cummings, seconded byAldermanFisher, that Aldermen Hende~hot, Sherar and Ward
be appointed to the Niagara Falls Canada Visitor & Convention Bureau for the
1992-1994 term. Carnied Unanimously.
NIAGARA FALLS COMMUNITY CENTRES BOARD - It was moved by Alderman Cummings,
seconded by Alderman Fisher, that all Members of Council be appointed to the
Niagara Falls Community Centres Board for the 1992-1994 term. Carried
Unanimously.
NIAGARAFALLS ECONOMIC DEVELOPMENT AGENCY - Mayor Thomson, Aldermen Craitor and
Ward, and E.P. Lustig, Chief Administrative Officer, were appointed to the
Niagara Falls Economic DevelopmentAgency, by consensus of opinion, for the 1992-
1994 term.
NIAGARA FALLS Hb~NANE BOCIETY - It was moved by Alderman Sherar, seconded by
Alderman Cummings, that Alderman Co~s be appointed to the Niagara Falls Humane
Society, and Alderman Janvary as an alternate representative for the 1992-1994
term. The motion C~ with Alderman Susin abstaining from the vote on a
conflict of interest previously recorded and with all others voting in fayour.
It was moved by Alderman Cowan, seconded by Alderman Hendershot, that Joe
Charlebois, and Margaret McGregor be appointed to the Niagara Falls Humane
Society for the 1992-1994 term. The motion Carried with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded and with
all others voting in favour.
NIAGARA FALLS PUBLIC LIBRARYBOARD- Mayor Thomson was appointed to the Niagara
Falls Public Library Board, by consensus of opinion, for the 1992-1994 term.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin that two
nominees from the Niagara South Board of Education, two nominees from the Welland
County Roman Catholic Separate School Board, and five nominees from the
applications submitted, be appointed. Carried Unanimously.
It was moved by Alderman Hendershot, seconded by Alderman Cowan, that Anne
Andres-Jones, Chris Biasucci, Barbara Glares, Frank B. Lewis, Johnstone L.
Roberrs be appointed as Citizen representatives to the Niagara Falls Public
Library Board. Carried Unanimously.
It was moved byAlderman Janvary, seconded by Alderman Hendershot that Carm
Dix, and Hester Newby be appointed, as recommended by the Niagara South Boa~ of
Education, as Citizen representatives to the Niagara South Board of Education.
Carried Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Hendershot, that
Gerald E, Fartell, Rose Sottile, be appointed, as recommended by the Welland
County Roman Catholic Separate School Board, as Citizen representatives to the
Welland County Roman Catholic Separate School Board. ' '
NIAGARA PARIC$CO~tlSSION - Following a decision by ballot, Alderman Cummings was
appointed to the Niagara Parks Commission for the term of December l, 1991 to
November 30, 1992.
NIAGARA PENINSULA CONSERVATION AUTHORITY - It was moved by Alderman Janvary,
seconded byAldermanWard, that KeithDancy, Charles H. Ort, be recommended for
appointment as Citizen representatives to the Niagara Peninsula Conservation
A~thorityfor the 1992-1994 term. Carried Unanimously.
- 5 -
NIAGARA PROMOTION ASSOCIATION - It was moved by Alderman Fisher, seconded by
Alderman Cowan, that Aldermen Cummings and Germano be appointed to the Niagara
Promotion Association, and Alderman Hendershot as an al ternate representative for
the 1992-1994 term. Carried Unanimously.
CLIFTON HILL BOARDOFMANAGEMENT - It was moved by Alderman Hendershot, seconded
by Alderman Fisher, that Alderman Sherat be appointed to the Clifton Hill Board
of Management, and AldermanWard as an alternate for the 1992-1994 term. Carried
Unanimously.
PLUMBERS EXAMINING BOARD - It was moved by Alderman Janvary, seconded by
Alderman Sherar, that Cec Amadio, E. Ted Canham be reappointed to the Plumbers
Examining Board for the 1992-1994 term. Carried Unanimously.
DOWtqTOWN BOARD OF MANAGEMENT - It was moved by Alderman Cowan, seconded by
Alderman Cummings, that Alderman Judy Orr be appointed to the Downtown Board of
Management for the 1992-1994 term. Carried Unanimously.
pROpERTY STANDARDS COt4MITTEE - It was moved by Alderman Cummings, seconded by
Alderman Craitor, that John B. Anstruther be appointed as Citizen representative
to the Property Standards Committee for the 1992-1994 term.
Carried Unanimously.
FALLSVIEW BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT - It was moved by
Alderman Cummings, seconded by Alderman Hendershot, that Alderman Puttick be
appointed to the Fallsview Business Improvement Area Board of Management for the
1992-1994 term. Carried Unanimously.
RECREATION COI~4ISSION - It was moved by Alderman Hendershot, seconded by
Alderman Germano, that Aldermen Cowan and Janvary be appointed to the Recreation
Commission for the 1992-1994 term. Carried Unanimously.
It was moved by Alderman Hendershot, seconded by Alderman Ward, that David
Dancy, Jim Diodati, W.A. Hinsperger, Joel Schaubel, Stacy Smith, be appointed as
Citizen representatives to the Recreation Commission for the 1992-1993 term.
Carried Unanimouslv.
REGIONAL LAND DIVISION COI~4ITTEE - It was moved by Alderman Cummings, seconded
by Alderman Sherar, that Jack L. Collinson, be recommended for appointment as the
City's nominee to the Regional Land Division Committee for the 1992-1994 term.
Carried Unanimously.
REGIONAL NiAGARA TOHRIST COUNCIL - It was moved byAlderman Fisher, seconded by
Alderman Germano, that Alderman Hendershot be appointed to the Regional Niagara
Tourist Council, and Alderman Craitor as an alternate representative for the
1992-1994 term. Carried Unanimously.
SOCIAL PLANNING COUNCIL It was moved by Alderman Cummings, seconded by
Alderman Cowan, that Aldermen Craitor and Fisher be appointed to the Social
Planning Council for the 1992-1994 term. Carried Unanimously.
UNITED WAY BOARD OF DIRECTOI~ - It was moved by Alderman Cowan, seconded by
Alderman Cummings, that Alderman Germano be appointed t9 the United Way Board of
Directors for the 1992-1994 term. Carried Unanimously.
Y.M.C.A. BOARD OF DIRRCTOR~ - It was moved by Alderman Cummings, seconded by
Alderman Hendershot, that Alderman Ward be appointed to the Y.M.C.A. Board of
Directors for the 1992-1994 term. Carried Unanimously.
Y.W.C.A. BOARD OF DIRECTORS - It was moved by Alderman Hendershot, seconded by
Alderman Cummings, that Alderman Fisher be appointed to the Y.W.C.A. Board of
Directors for the 1992-1994 term. Carried Unanimously.
BUSINESS ASSOCIATIONS & BOARDS OF MANAGEMENT
CHI~AWA BUSINESS ASSOCIATION - It was moved by Alderman Cowan, seconded by
Alderman Susin, that Aldermen Fisher and Ward be appointed to the Chippawn
Business Association for the 1992-1994 term. Carried Unanimously.
MAIN ANDFERRYBOARDOFMANAG~T - It was moved by Alderman Cowan, seconded
by Alderman Susin, that Alderman Sherar be appointed to the Main and Ferry Board
of Management for the term of 1992-1994. Carried Unanimously,
COUNCIL COMMITTEES
B.I.L.D. COI~!ITTEE - It was moved by Alderman Cummings, seconded by Alderman
Fisher, that Aldermen Craitor, Hendershot and Ward be appointed to the BILD
Committee for the 1992-1994 term. Carried Unanimously.
BUSINESS PARK COMMITTEE - It was moved by Alderman Cummings, seconded by
Alderman Fisher, that Aldermen Cowan and Ward be appointed to the Business Park
Committee for the 1992-1994 term. Carried Unanimously.
CIVIC COI~4ITTRE - It was moved by Alderman Cummings, seconded by Alderman Ward
that Aldermen Fisher, Germano, Janvary, and Sherar be appointed to the Civic
Committee for the 1992-1994 term. Carried Unanimously.
ENVIRONt4~NTALPLANNING & GRSENING COMMITTEE - It was moved by Alderman Cummings,
seconded by Alderman Cowan, that Aldermen Fisher, Germano, Susin and Ward, be
appointed to the Environmental Planning & Greening Committee for the 1992-1994
term. Carried Unanimously.
FINANCE COI~4ITTEE - It was moved by Alderman Janvary, seconded by Alderman
Susin, that all members of Council be appointed to the Finance Committee for the
1992-1994 term. Carried Unanimously.
GRANTSREVIEW COIq4KTTEE - It was moved by Alderman Cummings, seconded by Cowan,
that Alderman Ward be appointed as Chairman of the Grants Review Committee for
the 1992-1994 term. Carried Unanimously.
It was moved by Alderman Cowan, seconded by Alderman Susin, that Aldermen
Craitor, Cummings, and Hendershot be appointed to the Grants Review Committee for
the 1992-1994 term. Carried Unanimously.
MOUNTAIN ROAD LANDFILL PUBLIC LIAISON COIq4ITTEE - It was moved by Alderman
Cummings, seconded byAlderman Hendershot, that Alderman Cowan be reappointed as
Chairman of theMountain Road Landfill Public Liaison Committee, and further that
Aldermen Shetar and Susin be appointed as representatives to the Mountain Road
Landfill Public Liaison Committee for the 1992-1994 term. ' '
- 6 -
NIAGARA FALLS ILLUMINATION BOARD - It was moved by Alderman German., seconded
by Alderman Orr, that Mayor Thomson, EoP. Lustig, Chief Administrative Officer
and Alderman Puttick be appointed to the Niagara Falls Illumination Board for the
1992-1994 term. Carried Unanimously.
MAYOR'S COPR4ITTEE ON HOUSING - It was moved by Alderman Hendershot, seconded by
Alderman Fisher that Alderman Craitor be reappointed to the Mayor's Committee on
Housing for the 1992-1994 term. Carried Unanimously.
MUNICIPAL PARKING COMMITTEE - It was moved by Alderman Hendershot, seconded by
Alderman Cummings, that Aldermen Fisher. Orr, Puttick and Shetar, be appointed
to the Municipal Parking Committee for the 1992-1994 term. Carried Unanimously.
MUNICIPAL WORKS COFR4ITTEE - It was moved by Alderman Hendershot, seconded by
Alderman Susin, that all members of Council be appointed to the Municipal Works
Committee for the 1992-1994 term. Carried Unanimously.
NIAGARA NORTHBOARD OF WASTEMANAGEMENT COMMITTEE - It was moved by Alderman
Hendershot, seconded by Alderman Cummings. that Mayor Thomson, Alderman Cowan,
and Alderman Sherar as an alternate representative, be appointed to the Niagara
North Board of Waste Management Committee for the 1992-1994 term. Carried
Unanimously.
BY-LAW
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
91-287 -
A by-law to provide for appointments to certain Boards. Commissions
and Committees.
The motion Carried with Alderman Susin abstaining from the vote on a conflict of
interest previously recorded and with all others voting in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
the following by-law be now read a second and third time:
91-287 -
A by-law to provide for appointments to certain Boards, Commissions
and Committees. ,
The motion Carried with Alderman Susin abstaining from the vote on a conflict of
interest previously recorded and with all others voting in favour.
BUSINESS
appointment of Official Historian of Niagara Falls
His Worship May. r Thomson referred to Mr. George Seibel, who is in very ill
health, that he be reappointed as the Official Historian of the City of Niagara
Falls, as a gesture of recognition and appreciation for the workhe has performed
in promoting the City of Niagara Fails, and that a letter be sent to Mr. Seibel
notifying him of the appointment.
ORDERED on the motion of Alderman Cummiags. seconded by AldermanJanvary that Mr.
George Seibel be reappointed as the Official Historian of the City of Niagara
Falls. Carried ~nanimously.
- 7 -
Ministry of Tourism
Alderman Puttick referred to theMinistry of Tourism buildix~and requested
an update from staff. The Director of Buildings and Inspections responded by
stating there are new sites being added and that studies are being conducted by
the Ministry regarding the social and economic effects in Niagara Falls and it
was hoped a decision will be made by the end of the year.
His Worship Mayor Thomson requested that Alderman Puttick, the Chief
Administrative Officer and the Mayor meet with the Minister in Toronto and convey
how vital the decision to move is to our community.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
May, r Thomson, the Chief Administrative Officer. and Alderman Puttick meet with
the Minister of Tourism to discuss the matter of the Ministry of Tourism building
in Niagara Falls. Carried Unanimously.
Alderman Ward referred to the committee regarding the Convention Centre,
the People Mover and requested that the committee be reconfirmed. His Worship
May, r Thomson indicated that a task force on Tourism would be formed to meet with
the major players in the tourist industry, to discuss their concerns and
marketingstrategies. May. r Thomson also stated that the tourist industry is our
lifeblood, and the City must approach the proper levels of government to save
this community.
Alderman Fisher referred to Canada's 125th anniversary and to commemorate
the event an Activity calendar could be prepared to promote the various
activities in Niagara Falls and to encourage public involvement and participation
in the various activities.
Municipal Elections
His Worship Mayor Thomson requested a post mortem on the election day
activities from the Clerk's Department, to identify the problems and pitfalls on
election day, in order not to have late reporting in the future. His Worship
requested that a committee be formed, consisting of the City Clerk, plus one
individual from the Clerk's Department, an Alderman and one public appointee
involved in the election.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
Alderman Susin and Mr. A1 Fagen be appointed to participate on the cozmnittee
regarding election day activities. Carried Unanimously.
Rexional Government ~estion
May. r Thomson referred to the Regional Government question on the election
ballots, and stated the public had clearly indicated their dissatisfaction of
Regional Government. His Worship stated there be an open forum the first week
in January, that the public be invited to attend and make submissions, that key
members on the Regional level be invited, and that a brief be prepared and the
comments be submitted to the Provincial government while the Kitchen report is
still being considered.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
appropriate notice be given by an announcement in the papers requesting
submissions from the public on the Regional government question. ~
Unanimously.
Sound System
Alderman Fisher referred to the poor sound system in Council Chambers and
requested that the matter be looked into.
Congratulations
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that
a letter of congratulations be sent to Brian Merritt on his Regional election
victory. Carried Unanimously.
ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that
submissions be presented for Brian Merritt's successor to the Clerk's Department.
Carried Unanimously.
Provincial Crane
His Worship Mayor Thomson referred to discussions that had been held with Mr.
Ron Cooke, Provincial Crane, the Mayor, the Chief Administrative Officer andMr.
Chuck Chataway to try and assist the company in this very serious situation. The
Mayor indicated that the company had gone into receivership, and that the company
is in serious jeopardy. Mayor Thomson stated that every effort has been made to
assist in the situation.
Ward Str~cture
Alderman Craitor referred to the matter of Ward #1, and stated that the size
and structure should be looked at. Alderman Puttick referred to a report he had
received from the Clerk #s Department regarding the method of the existing ward
system. It was suggested that this report be circulated to Council to discuss
the matter and to determine the next course of action to be taken.
Letter of Thanks
Alderman Shetar thanked all the individuals who participated in the
Inauguration and to those that organized the activities for the Greater Niagara
General Hospital's CT Scan fund, and indicated that it had been a verysuccessful
evening.
His Worship Mayor Thomson expressed appreciation to members of Council for
their participation in the Inaugural ceremonies, and stated that it had been a
classy and colourful event. Mayor Thomson extended a special thank you to
Cynthia Roberrs for the time and effort she spent in organizing the event.
Alderman Cummings stated that all the food that had ~een left over from the
Inauguration was donated to project S.H.A.R.E.
ORDERED on the motion of Alderman Hendershot, seconded byAlderman Cummings, that
a letter of appreciation be sent to all the participants in the Inaugural
ceremonies and in the organization of the CT Scan fund, with a special note of
thanks toms. Cynthia Roberrs. Carried Unanimously.
It was moved by Alderman Puttick, seconded by Alderman Shetar, that the
meetinE adjourn. Carried Unanimously.
R~ADANDADOPTED,
MAYOR WAYNE THOMSON
FORTY-THIRD MEETING
CO!~I'rrEE OF 'I~IE ~toLE
Com~nittee Room #2
December 16, 1991
Council met on Monday, December 16, 1991, at 6:45 p.m., in Committee of the
Whole. All members of Council, with the exception of Alderman Cummings, who was
on vacation, were present. Alderman Craitor presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open session.
READ AND ADOPTED,
L'c: Aa: '
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
December 16, 1991
Council met on Monday, December 16th, at 7:30 p.m., for the purpose of
considering Planning Matters and Regular Business. All members of Council, with
the exception of Alderman Cummings, who was on vacation, were present. His
Worship Mayor Thomson presided as Chairman.
ABOPTION OF NINUTF,~
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot,
that the minutes of November 25, 1991; the Inaugural meeting of December 2, 1991;
and the Special meeting of December 3, 1991 be adopted as printed. ~
Unanimously.
MISCRI.I,ANROUS MATTRR
CD-91-75, Appointment to Regional Council. The report recommends that Council
consider an appointment to fill the vacant Regional Councillor's seat and that
the appointment be made by by-law as required by Legislation.
ORDERED on the motion of Aiderman Orr, seconded by Alderman Hendershot,
that the report be received and adopted and further, that the appointment to fill
the vacant Regional Councillor's be considered by majority vote. ~
Unanimously.
Following a vote by secret ballot, Council appointed Douglas Mann to the
Regional Council.
ORDERED on the motion of Alderman Craitor, seconded by Aldenman Janvary,
that the ballots be destroyed. Carried Unanimously~
R~FORTS - PLANNING [IATTRRS
PD-91-166 - Chief Ad~iuistrative Officer - Re: Zoning By-law Amendment
Application AM-32/91, Conleo Holdings Limited, 4866 & 4872 Valley Way. The
report recommends the following:
1) That Council support the zoning amendment from Commercial to an apartment
zone which would permit the existing building to be converted into 2
additional apartment units and also permit the construction of a 3 storey, 12
unit addition to the north side of the same building providing a total of 20
apartment units;
2) That development charges be paid to the City which are in place at the time
of development;
3) That the property be maintained under Site Plan Control and that the amending
by-laws be prepared on the basis of the site plan submitted for enactment at
a subsequent Council meeting to reflect the development as proposed;
4) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
-AND-
Communication No. 306 - Social pl~unin~ Council of Niagara Falls - Re: Zoning
Amendment Application AM-32/91. The communication states that any development
which increases the availability of adequate rental stock should be considered
thoroughly, and, in view of the future establishment of the Ministry of Tourism
and Recreation, adequate rental units in the core area may become essential as
the City expands and the downtown area becomes revitalized.
-AND-
ComnudcationNo. 307 -Regional Niagara - planningandDevelopmentDepartment -
Re: Proposed Zoning By-law Amendment Conversion to Apartments and 3 Storey, 12
Apartment Addition. The communication indicates that the Regional Planning staff
encourages residential intensification and infilling on lots such as this which
make efficient use of existing municipal services and which could provide the
opportunity for affordable housing.
-AND-
Co~,nlcation No. 308 - The Regional Public Works Department - Re: Zoning By-law
Amendment AM-32/91. The communication expresses as having no objections to the
rezoning application.
-AND-
Communication No. 309 - CN, Engineering Services - Re: Proposed Zoning By-law
Amendment. The communication indicates as having no objection to the proposal.
His Worship Mayor Thomson declared the Public Meeting open and explained
the procedure to be followed under the Planning Act, 1983.
The Director of Planning and Development advised that the Notices of the
Public Rearing had been forwarded by first class mail on November 15, 1991.
His Worship Mayor Thomson received indication that Mr. Lee Brown, Octavan
Development, Agent, 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. Re 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.
- 3 -
The Director of Planning and Development discussed the subject lands with
the assistance of posted sketches; and reviewed the following information
included in Technical Report No. PD-91-156; Development Proposal; New Official
Plan; Environmental Considerations; Nature of the Zone Change; Land Use
Compatibility; Comments from the Public Notification Process; Site Plan Review.
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 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that
the report be received and adopted. Carried Unanimouslv.
CONFLICTS OF INTEREST
Alderman Hendershot declared a conflict of interest on Report No. HR-91-27,
because a member of his family is involved; and on Cheque Nos. 73901, 73902,
because he is employed by the Board of Education.
Alderman Orr declared a conflict of interest on Cheque No. 73590, because
a member of her family received the Senior tax rebate.
Alderman Janvary declared a conflict of interest on Cheque Nos. 73901,
73902, because she is employed by the Board of Education; and on Cheque No.
73977, because her husband is a dentist.
AIderman Sherar declared a conflict of interest on Report No. S-91-50,
because his employer is involved.
AIderman Susin declared conflicts of interest on Cheque No. 73573, because
he is a shareholder in the company, Cheque Nos. 73971, 73972, 74232, because he
owns stock in the company; and on Report Nos. PD-91-152, PD-91-164, PD-91-168,
because he owns property in the areas; and on Report No. CD-91-76, because he has
developing property; Report CD-91-77, because a family member is involved; and
on Report No. S-91-49, because he is an individual contractor, Report S-91-51,
and MW-91-329, because a family member is involved; Alderman Puttick's Report
regarding taxes.
B-91-80 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for November, 1991. The report recommends that this report be
received and filed.
ORDERED on the motion of Alderman Ward, seconded by AIderman Germano, that the
report be received and filed. Carried Unanimously~
B-91-81 - Chief Administrative Officer - Re: Site PlanApproval; Proposed Senior
Citizens and Family Development Dorchester Road and Isaac Street; AN-34/90, By-
law 91-66, C of A A36/91, Site Plan Control 17-91. The report recommends that
the Council approve the site plans on display at tonight's meeting, being a
proposed Senior Citizens & Family Development, and the site Plan being drawing
number 1 of 5, and the site services being drawing number SS1 of 5 and the
planting plan being drawing number 1-1 of 5 and elevations being drawing numbers
8 & 15 and filed with the Buildings and Inspections Department of the City of
Niagara Falls on December 6, 1991 and that such approval be subject to the
followin~ conditlons~
- 4 -
a) That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the City) the
following facilities and works shown on the said site plans.
1) Two (2) access ramps to provide ingress and egress between the property
and Dorchester Road and between the property and Isaac Street which shall
be in the location and of the width shown on the site plan together with
the curbings shown on the site plan.
2) Sixty-eight (68) off-street parking spaces and the access driveways, all
having dimensions and being in the locations shown on the site plan and
which shall be surfaced with hot mix asphalt or approved equivalent,
together with all of the curblugs shown on the site plan.
3) ,Concrete sidewalks of the dimensions and in the locations shown on the
site plan.
4) Any facilities for lighting including floodlighting. shall be installed
and maintained so that the light is deflected away from adjacent
residential or institutional districts or uses and away from traffic or
adjoining roadways.
5) The fence, trees, shrubs and other landscaping of the types and in the
locations shown on the planting plan to be constructed.
6) The facilities for the storage of garbage shall be located within each
building as shown on the site plan.
7) Such grading or alterations in elevation as shall be necessary to provide
the elevations on the Site Services Plan together with all of the
facilities and works for the disposal of storm, surface and waste water
shown on the Site Services Plan.
b) and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expense of the owner the facilities or works
mentioned in paragraphs 1.2,3,4.5, 6 and 7 of clause (a) above, including the
removal of snow from access r~mps and driveways, parking and loading areas
and walkways.
c) and further that the owner be required to enter into a site plan agreement
with the City dealing with the facilities, works and matters enumerated
above.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
B-91-83 - Chief Administrative Officer - Re: Asbestos Containing Materials,
Niagara Falls Memorial Arena. The report recommends that City Council approve
the low tender submitted by Matthews Contracting in the amount of $9,908.20 for
the encapsulation and removal of asbestos pipe insulation in specific locations
at Niagara Falls Memorial Arena.
0RD~RED on the motion of Alderman Cowan, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
B-91-84 - Chief &dainistrative Officer - Rs: Stamford Memorial Arena, Propane
Detection and Ventilating System. The report recommends that City Council
approve the low tender submitted by Heco Ltd. in the amount of $22,157.00 for the
installation of a Propane/Ammonia Detection and an Automatic V~v~haust/Venttlating
System at Stamford Memorial Arena.
ORD~II~D on the motion of Alderman Cowan, seconded by Alderman Crattor, that the
· report be received and adopted. Carried Unanimously.
- 5 -
I~W-91-329 - MUnicipal Works Committee - Re: Municipal Works Committee Report:
Streetscape Decorative Upgrading of Centre Street from Victoria Avenue to Lewis
Avenue (MW-91-320). The report recommends the following:
1)
The City of Niagara Falls adopt a policy of encouraging streetscape
decorative upgrade works in conjunction with "in-phase" capital
reconstruction works proposed in Tourist/Commercial areas of the City;
2)
3)
The streetscape decorative upgrade works be initiated by the City through a
City initiated local improvement by-law process;
The City encourage "in-phase" Tourist/commercial area decorative streetscape
upgrade initiatives by contributing 25% City funding towards the extra cost
of streetscape upgrades;
4)
The 25% funding in the amount of $33,000 for the City's share of the $133,000
of streetscape upgrade works for Centre Street be financed through pro-budget
approval of the 1992 sidewalk construction operating budget item;
5) The streetscape decorative upgrade concepts proposed for the Centre Street
Project be endorsed City Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in favour.
PD-91-152, Chief Administrative Officer - Re: Testamentary Devise Study. The
report recommends the following in accordance with the conclusions of the
Testamentary Devise Study:
1) That staff be directed to prepare a new zoning by-law for the Willoughby and
Crowland areas to reflect Council's recently adopted Official Plan;
2) That Interim Control By-law 90-329 be extended (with a modification to exempt
severances) to enable the preparation and processing of a new zoning by-law;
3)
That the conclusions of this study be tempered by the results of the Attorney
General~s action in the Courts regarding fraudulent schemes upon the Planning
Act;
4) That the testamentary devises of the deceased Gordon Henry and Antonio
Pietrangelo be duly recognized as appropriate lots.
ORDERED on the motion of Alderman Shetar, seconded by Alderman Fisher, that the
report be received and adopted. The motion ~ with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded, and with
all others votlng in favour.
PD-91-159, Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval, Parkway Acres Subdivision 26T-87010. The report recommends the
following:
1) That Council adopt and forward to the Regional Municipality of Niagara, a
resolution supporting a one-year extension to the Parkway Acres Draft Plan of
Subdivision, conditional upon the applicant maintaining the appropriate
subdivision sign which complies with Municipal and Regional requirements and
condition No. 7 of Draft Plan Approval being revised to refer to "development
charges" rather than "impost fees";
2) That a copy of this report, Council's decision and resolution be forwarded to
the Regional Municipality of Niagara and George RadaJcic.
ORDERED on the motion of Alderman Mendershot, seconded by Alderman Cowan, that
the report be received and adopted.
See Resolution No. 53.
PD-91-163, Chief ~dmiuistrative Officer - Re: Site Plan Control, proposed 3
Storey, 69 Unit Apartment Building; Block "D", Plan 250, Pettit AvenueAM-13/88,
Jovinka Investments Incorporated. The report recommends that Council approve the
By-law which will place the property known as Block "D", Plan 250, Pettit Avenue
and proposed to be developed as a 3 storey, 69 unit apartment building, under
site plan control.
ORDERED on the motion of Alderman Cowan, seconded by AIderman Fisher, that the
report be received and adopted. The motion f~with the following vote:
AYE: Aldermen Cowan, Craitor, Fisher, Genmano, Hendershot, Orr, Puttick,
Sherar, Susin and Ward.
NAYE% AldermanJanvarY.
PD-91-164, Chief Adndnistrative Officer - Re: Proposed Amendment No. 60 to the
Regional Policy Plan; Agricultural and Rural Policies. The report recommends
that the Region's proposed Amendment No. 60 be amended to ensure that the City's
proposed Official Plan policies comply with the Regional Policy Plan as they
affect the southern part of Niagara Falls.
ORDERED on the motion of Alderman Cowan, seconded by Alderman traitor, that the
report be received and adopted. The motion f,~ with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded and with
all others voting in fayour.
pD-91-165, Chief Administrative Officer - Re: Computer Purchase, Planning
Department. The report recommends that the low tenders by Software First
Computers Limited for three, 386 computers and Liaison computer Systems Group
Inc. for one Howlerr Packard laser printer, all outlined in this report, be
accepted.
ORDERED on the motion of AIderman Ward, seconded by AIderman Fisher, that the
report be received and adopted. Carried Unanimously.
pB-91-162 - Ghief Aamlnistrative Officer - Re: Interim Control Amendment
Application, IMC-21/91, Gary Bauer. The report recommends the following%
1) That Interim Control Amendment Application IMC-21/91 be approved, subject to
the conditions of this report;
2) That Council adopt the by-law appearing on tonight's agenda.
ORDERED on the motion of AIderman Fisher, seconded by Alderman Cowan, that the
report be received and adopted. Carried UnanimousIv.
See By-law No. 91-291
PD-91-168 - Chief Administrative Officer - Re: Tourism Master Plan, Report No.
3, Analysis of the Roles and Development Framework for the Tourism Districts.
The report recommends that Report No. 3, Analysis of Roles and Development
Framework, be made available to various agencies and interest groups for comment
to the Steering Committee.
ORDERED on the motion of AIderman Ward, seconded by Alderman Oermano, that the
report be received and adopted. The motion f,~ with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in fayour.
F-91-46 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $13,945,059.27 for the period ending
December 16, 1991 be approved by the passing of the by-law appearing later on the
a~enda.
Additional information was provided on Cheque Nos. 73831, 73975, 73970,
74330, and 74080.
ORDERED on the motion of AIderman Ward, seconded by Alderman Cowan, that
the report be received and adopted. The motion Carrie~ with Aldermen Hendershot,
Janvary, Orr and Susin, abstaining from the vote on conflicts of interest, on
cheque numbers previously recorded.
See By-law No. 91-297
See By-law No. 91-298
See By-law No. 91-299
1B1-91-25 - Chief Mministrative Officer - Re: Rules and Regulations. The report
recommends that the attached City of Niagara Falls Rules and Regulations be
approved by Council as Policy Number 400.1.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and adopted. Carried UnanimousIv.
HR-91-27 - Chief Adntinistrative Officer - Re: Tender #23-91, Employee Assistance
Program. The report recommends that the low tender submitted by Baylis and
Associates in the amount of $22,202.50 be accepted and the contract be awarded
to this finm.
ORDERED on the motion of Alderman Puttick, seconded by Aldenman Cowan, that the
report be received and adopted. The motion Carried with Alderman Hendershot
abstaining from the vote on a conflict of interest previously recorded and with
all others voting in layout.
HR-91-26 - Chief Administrative Officer - Re: Contract Extension, Compensation
Administrator. The Chief Administrator requested the adoption of the report as
approved in Committee of the Whole earlier on this evening.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the
report be received and adopted and further that quarterly reports be provided on
this activity. The motion Carried with the following vote:
AYE: Aldermen Cowan, Fisher, Oermano, Hendershot, Janvary, Sherat, and Ward.
NAYE: Aldermen traitor, Orr, Puttick and Susin.
CD-91-74 - Chief Admluistrative Officer - Re: 1991 Municipal Election, Cheque
#72934 and Payment of Workers. The report recommends the following:
1) That the information with respect to Cheque #72934 be received for
information.
2) That the payment for work in the 1991 Election as outlined in this report be
approved.
ORDERED on the motion of AIderman Orr, seconded by AIderman Susin, that the
report be tabled until the return of Alderman Cummings from vacation. The motion
Carried with the Aldermen Mendershot and Puttick voting contrary and with all
others voting in layout.
CD-91-76 - Chief Adednistrative Officer - Re: Development Charges By-law 91-267.
The report recommends that Council reaffirm its approval of By-law 91-267 in
order that the Clerk may notify the Ontario Municipal Board of the City's
position at the same time as he forwards the By-law and the letter of objection
to the Board with the request for a hearing.
ORDERED on the motion of Alderman Ward, seconded by AIderman Janvary that the
report be received and adopted. The motion Carriedwith the following vote:
AYE: Aldermen Cowan, Fisher, Gennano, Hendershot, Janvary, Shetar and Ward.
NAYE: Aldermen Craitor, Orr, Puttick and Susin.
- 8 -
CD-91-77 - Chief Administrative Officer - Re: Appointments to the Niagara Falls
Public Library Board. The report recommends that By-law No. 91-287 be amended
to reflect the requirements of By-law No. 85-242.
ORDEBED on the motion of Alderman Craitor, seconded by Alderman Hendershot that
the report be received and adopted. The motion fa~ with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded and with
all others voting in fayour.
See By-law No. 91-288
S-91-47 - Niagara Falls H, rsmne Society Ad Hoc Cowenittee - Re: Niagara Falls
Humane Society. The report recommends the following:
1) That the City of Niagara Falls enter into an agreement with the Niagara Falls
Humane Society for the provision of dog control/animal services;
2) That the Nayor and Clerk be authorized to execute the agreement attached to
this report.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan that the
report be received and adopted. Carried Unanimously.
3-91-49 - Chief Administrative Officer - Re: Workers' Compensation Act Benefits
Independent Operators Not Employing Workers Various City Contracts with
Independent Operators. The report recommends that Council re-affirm that all
persons entering into contracts with the City to do work for the City must file
a Certificate of Clearance issued by the Workers' Compensation Board; and further
that the Chief Administrative Officer be requested to write a letter to the
Chairman of the Workers' Compensation Board expressing Council's concerns over
the Workers' Compensation Board's restrictive interpretation of an "independent
operator".
ORDERED on the motion of Alderman Rendershot, seconded by Alderman Craitor, that
the report be received and adopted. The motion f~ with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded and with
all others voting in fayour.
S-91-50 - Chief Administrative Officer - Re: Amendment to By-law No. 91-284;
Application for Exemption from Part Lot Control, Lots 1 to 27, Ascot Woods
Extension 4, Plan 59M-200. The report recommends that By-law No. 91-284, being
a by-law to designate certain lands not to be subject to part lot control, be
amended by deleting there from the words "authorize the execution of an agreement
designating" from the first paragraph and inserting in its place the word
"designate" so that the first paragraph reads as follows:
A by-law to designate certain lands not to be subject to part lot' control.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. The motion f~ with Alderman Sherar
abstaining from the vote on a conflict of interest previously recorded and with
all others voting in fayour.
S-91-51 - Chief Admluistrative Officer - Re: Mountain Road Landfill Site, One
year Extension to Emergency Certificate of Approval. The report recommends for
the information of Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the
report be received and filed. The motion f~llJ~ith Alderman Susin abstaining
from the vote on a conflict of interest previously recorded and with all others
voting in fayour. "
Report from Alderman Norm Puttick - Re: Past Due Taxes. The report recommends
.that the rate the City charge for past due taxes be 2% above the prime rate now
being charged by the banks.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan that the
report be referred to Finance. Carried UnanimouslY.
- 9 -
Ind.~trial Park Extension
The Chief Administrative Officer requested that approval be given as
approved in Conunittee of the Whole earlier this evening, to the resale of Lots
18 & 19 in the Falls Industrial Park Extension subject to the purchaser agreeing
to be bound by all of the normal terms and conditions for the sale of lots in
this subdivision, including the requirement that an industrial undertaking be
commenced within one year from the date of the purchase and be completed within
two years.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining
from the vote on a conflict of interest previously recorded and with all others
voting in favour.
RESOLUTION
ORDERED on the motion of Alderman Orr, seconded by Alderman Germano that the
resolution regarding seatbelts be deferred until such time that a full report is
made available. Carried Unanimously.
No. 53 - HENDERSHOT, COWAN - ORDERED that Council of the City of Niagara Falls
hereby supports a one-year extension of draft plan approval for the Parkway Acres
Subdivision, (File No. 26T-87010), conditional upon the applicant maintaining the
appropriate sign which complies with Municipal and Regional requirements, and
with Condition No. 7 of the Region's Conditions of Approval being revised to
refer to "development charges" rather than "impost fees"; AND the Seal of the
Corporation be hereto affixed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
91-288
A by-law to amend By-law No. 91-287 providing for appointments to
Boards, Commissions and Committees.
91-289
A by-law to authorize the execution of an Agreement with Ascot
Woods Ltd. respecting exemption from part lot control for the Ascot
Woods Extension No. 4 plan of subdivision.
91-290
A by-law to amend By-law No. 91-284, being a by-law to designate
certain lands not to be subject to part lot control.
91-291
A by-law to amend By-law No. 90-329, as amended.
91-292 A by-law to authorize the execution of an Agreement with the
Niagara Falls Humane Society.
91-293
A by-law to amend and extend the provisions of by-law No. 90-329.
91-294 A by-law to amend By-law No. 79-200, as amended. (AM-31/90,
Kalar/McLeod)
91-295
A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control (McLeod &
Kalar Rd.)
91-296
91-297
91-298
91-299
- 10 -
91-300
A by-law to amend By-law No. 79-200, as amended. (AM-11/91,
Nontrose & Thorold Stone Rd.)
A by-law to authorize the payment of $11,998,499.18 for General
Purposes (December 2, 1991).
A by-law to authorize the payment of $1,301,019.23 for General
Purposes (December 9, 1991).
A by-law to authorize the payment of $645,540.86 for General
Purposes (December 16, 1991).
A by-law for appointments to the Regional Council
The motion f~lr~with Aldermen Hendershot, Janvary, Orr, and Susin abstaining
from the vote on conflicts of interest previously recorded, and with all others
voting in favour.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the
following by-laws be now read a second and third time:
91-288
A by-law to amend By-law No. 91-287 providing for appointments to
Boards, Commissions and Committees.
91-289
A by-law to authorize the execution of an Agreement with Ascot
Woods Ltd. respecting exemption from part lot control for the Ascot
Woods Extension No. 4 plan of subdivision.
91-290
A by-law to amend By-law No. 91-284, being a by-law to designate
certain lands not to be subject to part lot control.
91-291
A by-law to amend By-law No. 90-329, as amended.
91-292
A by-law to authorize the execution of an Agreement with the
Niagara Falls Humane Society.
91-293 A by-law to amend and extend the provisions of by-law No. 90-329.
91-294 A by-law to amend By-law No. 79-200, as amended. (AM-31/90,
Kalar/McLeod)
91-295 A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control (McLeod &
Kalar Rd.) ~
91-296 A by-law to amend By-law No. 79-200, as amended. (AM-I1/91,
Montrose & Thorold Stone Rd.)
91-297
A by-law to authorize the payment of $11,998,499.18 for General
Purposes (December 2, 1991).
91-298
A by-law to authorize the payment of $1,301,019.23 for General
Purposes (December 9, 1991).
91-299
A by-law to authorize the payment of $645,540.86 for General
Purposes (December 16, 1991).
91-300
A by-law for appointments to the Regional Council
The motion f~[J~j.e~lwith Aldermen Hendershot, Janvary, Orr, and Susin abstaining
from the vote on conflicts of intereat previously recorded, and with all others
voting in fayour,
- 11 -
NEW BUSINESS
Certificate Funds
Alderman Puttick referred to a letter dated November 22, 1991 from the Ministry
of Natural Resources regarding the payment of certificate funds of per tonne fee
paid by the licenced pit/quarry operators.
Walker Brothers Licerice Application
Alderman Puttick discussed the Regional Niagara, Planning and Development
Department's correspondence regarding Walker Bros. proposed quarry expansion.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan that
information be obtained from the Region regarding costs and details of the case,
and likelihood of success of the Region's case against Walker Brothers, and that
a report be brought back to Council. Carried Unanimously.
F.C.M. Mpmhershin
Alderman Puttick referred to membership with F.C.M. Following further
discussion, it was ORDERED on the motion of Alderman Puttick, seconded by
Alderman Hendershot that the Region be contacted and that it be suggested that
the Region no make any expenditures toward the FCM membership on behalf of the
Corporation of Niagara Falls until Council considers the matter during budget
discussions. Carried Unanimously
Arbitration Process
Alderman Puttick addressed the issue of the arbitration process and that there
was a need to review and amend the arbitration process in the Province of
Ontario.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that a
resolution be prepared with Council's endorsation regarding the need to review
and amend the arbitration process in the Province of Ontario. The motion Carried
with Aldermen Craitor and Bendershot voting contrary to the motion and with all
others voting in favour.
Culvert Removal
Alderman Susin referred to correspondence from International Sew-Right Company
requesting the removal of a culvert which provides access to their lands in the
Falls Industrial Park, and further that this culvert is creating an easy approach
for non desireable individuals to gain undetected access to their lands.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan that the
matter be referred to the Municipal Works Department for consideration. ~
Unanimously.
Promotiu~ Niazara Falls
Alderman Hendershot referred to the Province promoting Niagara Falls with an
advertisement for 1-3 night stays in Niagara Falls, called "Breathers".
- 12 -
It was moved by AIderman Sherar, seconded by Alderman Puttick, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
~.'C ~ ~ MAYOR WAYNE THOMSON
'wWw . ~'~
FORTY-FOURTH MEETING
COI~4ITTEE OF THE WHOLE
Committee Room #2
December 23, 1991
Council met on Monday, December 23, 1991, at 6:00 p.m., in Committee of the
Whole. All members of Council, with the exception of Aldermen Craitor and Cowan,
who were away on vacation, were present. Alderman Ward presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
iAi/~, 'DiP(.ITir ~IiY'C~EiI<' '
b~YOR WAYNE THOMSON
REGULAR NEETING
Council Chambers
December 23, 1991
Council met on Monday, December 23, 1991, at 7:30 p.m., for the purpose of
considering Regular Business. All members of Council, with the exception of
Aldermen Craitor and Cowan, who were on vacation, were present. His Worship
Mayor Thomson presided as Chairman.
CONFLICTS OF INTEREST
Alderman Hendershot declared a conflict of interest on Cheque No. 74376,
because a member of his family is involved.
Alderman Susin declared a conflict of interest on Report Nos. MW-91-322,
MW-91-325, and By-law Nos. 91-309, 91-312, because he owns property, By-law Nos.
91-301 and 91-317, because he is a contractor; and CD-91-79 - Increase in Fees
for Services provided by the Municipality, because he owns burial plots.
PBP-qENTATION
His Worship Mayor Thomson introduced Mr. George Seibel, the City's
historian, who also serves as the official historian for the Niagara Parks
Commission and the Niagara Bridge Commission. His Worship stated that Mr.
Seibel's most noted historic works in published formwere: "Niagara Falls, Canada
- a history", published in June, 1967 by The Kiwanis Club of Stamford, Ontario,
Inc.; "Ontario's Niagara parks - 100 Years" published in 1985 by the Niagara
Parks Commission; "Our Romantic Niagara" by Albert H. Tiplin with additional
material by George A. Seibel, published in 1988 by The Niagara Falls Heritage
Foundation; "The Niagara Portage Road" published in 1990 by The City of Niagara
Falls, Canada; and his most recent work "Niagara Falls Bridges History", just
recently published for the Niagara Falls Bridge Commission. His Worship stated
that Mr. Seibel is a most benevolent individual having given freely and without
charge, of his services to anyone with an interest in Canadian history,
especially the history of the Niagara Frontier.
His Worship Mayor Thomson further stated that Mr. Seibel has become one of
the most credible authors of Canadian history because of his personal values, his
attention to detail, and his insistence on the truth being written explicitly.
Mr. Seibel has received accolades from government officials and educators at all
levels for his works, and has been a key advisor on many museum and historical
presentation projects under the auspices of the Niagara Parks Commission, the
Niagara Falls Library Board and local historical societies.
Miss Dorothy Van Slyke, Niagara Falls Public Library presented a brief
history of Mr. George Seibel's association with the Niagara Falls Public Library.
Miss Van Slyke stated that Mr. Seibel has assisted in every aspect of the
Library's extensive local history service; his research in archives, libraries,
galleries and other institutions in Canada, the United States and Great Britain,
and his unique knowledge of the history, literature and art of Niagara Falls, the
Niagara River, the city and the area have found expression in his writings, his
films and his other special historical projects, and in his rounding and
Chairmanship of the Niagara Falls Heritage Foundation.
Miss Van Slyke stated that in recent years Mr. Seibel has begun, what is
now a most important project in the Library, the computerized indexing of the
Niagara Falls Review. Miss Van Slyke stated that the Library highly values his
unfaltering interest in its work, and the knowledge he go generously makes
available.
His Worship Mayor Thomson presented Mr. Seibel with a photograph of Niagara
Falls by the distinguished photographer, Mr. Cord Counsel, as a token of
appreciation on behalf of the City of Niagara Falls.
His Worship Mayor Thomson presented to Mr. John Carter, President of the
Greater Niagara General Hospital, and Mr. Jeff Morgan, Chairman of the CT Scan
fundraiser, on behalf of the citizens of Niagara Falls, the balance of funds in
the amount of $18,100.00, which were collected during the Inauguration. His
Worship also presented the "CAT" which had been created by Mr. Derick Castel, to
be put to use throughout the CT Scan campaign and to convey to the public the
need of a CT Scan in the community.
Mr. Jeff Morgan thanked the Mayor and members of Council for all the
efforts put forth in the fundraising campaign towards obtaining a CT Scan for
Niagara Palls.
DEPUTATIONS
His Worship Mayor Thomson introduced Mr. George" Bailey who addressed
Council and commented on the successful Festival of Lights events, such as
Opening Night ceremonies with the spectacular fireworks display, the Santa Clause
Parade, Nifty Fifties Night, and Dinner Theatres. Mr. Bailey presented a lO-
minute video tape promoting Niagara Falls and the New Year's Eve Festivities,
narrated by Mr. Boby Curtola.
Mr. Bailey thanked Mr. Serge Felicetti, for obtaining many of the sponsors
for the Niagara Falls Festival of Lights, and ~[s. Cynthia Roberrs for her
involvement in the multi-national show.
-AND-
Communication No. 310 - (Handout) - l~e Walt Disney Company (Canada) Ltd. The
communication indicates interest and intent to participate in the 1992 Winter
Festival of Lights.
-~ND-
Co~smnication No. 311 - (Handout) - The Bia~ara Palls Visitor & Convention
Bureau. The communication invites citizens of Niagara Falls to attend a New
Year's Eve Party on Tuesday, December 31, 1991.
- 3 -
His Worship Mayor Thomson thanked Mr. Bailey for his presentation and
congratulated the Niagara Falls Festival of Lights committee on the success they
are having.
His Worship thanked Mr. Boby Curtola, on behalf of the citizens of Niagara
Falls for his interest in the City, and stated he was a great ambassador for
Canada and Niagara Falls.
His Worship Mayor Thomson thanked Ms. Cynthia Roberrs for all her time and
effort in organizing the Inaugural event.
Mayor Thomson introduced Ms. Kristie Burnett, United Voices for Fair
Treatment in Child Care. Ms. Burnett stated she was a concerned taxpayer and
parent who was disturbed about the Provincial Government's decision respecting
conversion of For-Profit Child Care Services to Non-Profit status, in a universal
plan of daycare. Ms. Burnett referred to job losses of employees in the child
care sector, the raising of daycare fees; the quality of programs, trained staff.
Ms. Burnett stated there was a need for new policies to be established
regarding daycare centres, and requested that Council pass a resolution
requesting that the provincial government rectify the discriminatory policy
covering direct operating grants and pay equity grants so that all staff are
entitled to equal treatment in terms of the amounts received, regardless of the
auspice of the centre; and further that the government provide additional fee
subsidy funds in order that parents now on subsidy waiting lists can take
advantage of existing vacant spaces in centres in Ontario.
Mrs. Barbara Anderson stated that her daughter has been in daycare since
she was four months old and has received the best of care. Mrs. Anderson
indicated that she would hate to see the daycare centres close due to government
policies.
ORDERED on the motion of Aldenman Sherar, seconded by Alderman Hendershot, that
Council support the resolution put forth by the Council of The Corporation of the
City of Hamilton, at their December 17, 1991 meeting, and further that a
letter be forwarded to the Ministry of Community and Social Services indicating
to them that the Council of the Corporation of the City of Niagara Falls believes
the Ministry is not fulfilling their obligations to the citizens of the
community. Carried Unanimously.
His Worship Mayor Thomson thanked Ms. Burnett for her presentation and
stated that Council supports her group's efforts.
COr, e4UNICATIONS
Communication No. 310 -Association of Municipalities of Ontario - Re: Invitation
to submit names for the Section Executive. The communication invites all members
of the AMO Association to submit the names of interested individuals wishing to
serve on the Section Executive.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
Alderman Puttick be nominated to serve on the Section Executive. ~
Unanimously.
Communication No. 311 - Dr. Michael P. Lococo - Re: Downtown Parking. The
communication requests the consideration of free parking and convenient access
to the downtown area.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
communication be referred to the Parking Committee. Carried Unanimously.
...4
- 4
Con~unication No, 312 - Mrs. Leah Hamilton, 4998 Roberts St. - Re: Request for
a water meter. The connnunication requests the installation of a water meter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the communication be received and filed. Carried Unanimously·
Communication No. 313 - Township of Limerick - Re: Request to support resolution.
The communication requests support urging the Ministry of Enviromnent to amend
the Envirorunental Protection Act, Part VII, Section 67 (1) to include some
measure of inspection, and correction, if necessary, of systems that were
installed prior to April 15, 1974. and are possibly polluting lakes and altering
the water quality.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, to support
the resolution with respect to Part VII. Section 67 (1) of the Envirornnental
Protection Act, and further that the communication be received and filed.
Carried Unanimously.
PD-91-153 - Chief Administrative Officer - Re: Zoning Amendment Application A~-
2/91, 828312 Ontario Inc., 25 unit Townhouse Project Determination of Need for
Further Public Notice. The report recommends the following:
1) That Council, prior to the passing of the amending by-law for the townhouse
project. determine by resolution, in accordance with Section 34(16) of the
Planning Act, that the changes proposed after the holding of the Public
Meeting will not require the giving of a further notice;
2) That Council pass the amending by-law in accordance with Section 34(17) of
the Planning Act.
B-91-88 - Chief Administrative Officer - Re: Zoning Amendment Application
2/91, 828312 Ontario Inc., 25 Unit Townhouse Development; Corner of Lamont Avenue
and Main Street. The report recommends that Council receive the contents of this
report for their information.
Mrs. Vanderschoat, 7937 Sarah Street, the representative of the Site
Planning Committee, stated that during discussions held with the committee, City
Planners and Mr. Barrich, it was decided to forgo the 19-foot barrier. Mrs.
Vandershoat referred to the inadequate sewer system in Chippaws effecting future
Chippawa development, and basement flooding.
Mr. Barrich responded to Mrs. Vanderschoat's concerns by stating that all
stipulations have been met prior to the passing of the By-law. Mr. Barrich
referred to the landscaping plan which provides 40% landscaping, offsite water
removal of extraneous water. Mr. Barrich indicated that an engineering firmhad
performed a water study regarding the drainage system in the area.
The Deputy Director of Municipal Works referred to the sanitary sewers down
Main Street and indicated that those storm drains are separate from the lines,
and further that the Niagara Street sewers would be part of the proposed 1992
budget.
Mrs. Vanderschoat expressed concerns regarding basement flooding in the
proposed development area·
The Solicitor responded by stating that the City could be held responsible
if a development is approved and flooding occurred in that development·
ORDEKED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the recommendations in Report PD-91-153 be received and adopted.
Unanimously.
- 5 -
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
Report B-91-88 be received and filed. Carried UnanimoUSly,
See Resolution No. 54.
B-91-85 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Retail
& Residential Development , 6120 Main Street, North East corner of Main Street
& Robinson Street, Site Plan Control 18-91. The report recommends that Council
approve the site plan on display at tonight's meeting, being a proposed retail
and residential development, and the Site Plan being drawing number 1 of 12, and
filed with the Buildings and Inspections Department of the City of Niagara Falls
on December 13, 1991 and that such approval be subject to the following
conditions:
(a)
That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the City) the
following facilities and works shown on the said site plan.
One (1) access ramp to provide ingress and egress between the
property and Robinson Street which shall be in the location and of
the width shown on the site plan together with the curb~ngs shown
on the Site Plan.
Twenty-five (25) off=street parking spaces and the access
driveways, all, all having dimensions and being in the locations
shown on the site plan and which shall be surfaced with hot mix
asphalt or approved equivalent, together with all of the curbings
shown on the Site Plan.
Concrete sidewalks of the dimensions and in the locations shown on
the Site Plan.
Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential or institutional districts or uses and away
from traffic or adjoining roadways.
The fence, trees, shrubs and other landscaping of the types and in
the locations shown on the Site plan be constructed.
The facilities for the storage of garbage and other waste material
in the location shown on the site plan, which shall be surfaced
with concrete or equivalent to be constructed.
Such grading or alterations in elevation as shall be necessary to
provide the elevations on the Site Plan together with all of the
facilities and works for the disposal of storm, surface and waste
water shown on the Site Plan.
(b)
and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expense of the owner the facilities or works
mentioned in paragraphs 1,2,3,4,5,6 and 7 of clause (a) above, including
the removal of snow from access ramps and driveways, parking and loading
areas and walkways.
(c) and further that the owner be required to enter into a site plan agreement
with the City dealing with the facilities, works and matters enumerated
above.
ORDERED on the motion of Alderman Shetar, seconded by Alderman Fisher, that the
report be received and adopted. Carxied Unanimously_~
- 6
B-91-86 - Chief Administrative Officer - Re: Set Fines Under the Provincial
Offences Act - Part 1. The report recommends for Council's information, to be
received and filed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
B91-87 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Tourist
Development (Tivoli Miniature World) Southeast side of Ferry Street, Site Plan
Control 19-91. The report recommends that the Council approve the site plan(s)
on display at tonight's meeting, being a proposed Tourist Development, and the
Site Plan being drawing number 1 of 3, and the Site Drainage Plan being drawing
number 2 of 3 and the Landscape Plan being drawing number 3 of 3 and filed with
the Buildings and Inspections Department of the City of Niagara Falls on December
18, 1991 and that such approval be subject to the following conditions:
(a) That the owner be required to provide to the satisfaction of and at no
expense to the Corporation of the City of Niagara Falls (the City) the
following facilities and works shown on the said site plan(s).
1) One (1) access ramp to provide ingress and egress between the
property and Ferry Street which shall be in the location and of the
width shown on the Site Plan together with the curbings shown on
the Site Plan.
2) One hundred and three (103) off-street parking spaces and the
access driveways, all having dimensions and being in the locations
shown on the Site Plan and which shall be surfaced with hot mix
asphalt or approved equivalent, together with all of the curbings
shown on Site Plan.
3) Concrete sidewalks of the dimensions and in the locations shown on
the Site Plan.
4) Any facilities for lighting including floodlighting, shall be
installed and maintained so that the light is deflected away from
adjacent residential or institutional districts or uses and away
from traffic and adjoining roadways.
5) The fence, trees, shrubs and other landscaping of the types and in
the locations shown on the Landscape Plan to be constructed.
6) The facilities for the storage of garbage and other waste material
in the location shown on the Site Plan, which shall be surfaced
with concrete er equivalent to be constructed.
7) Such grading or alterations in elevation as shall be necessary to
provide the elevations on the Site Drainage Plan together with all
of the facilities and works for the disposal of storm, surface and
waste water shown on the Site Drainage Plan.
b) and that the owner be required to maintain to the satisfaction of the City
and at the sole risk and expense of the owner the facilities or works
mentioned in paragraphs 1,2,3,4,5, 6 and 7 of clause (a) above, including the
removal of snow from access rumps and driveways, parking and loading areas
and walkways.
c) and further that the owner be required to enter into a site plan agreement
with the City dealing with the facilities, works and matters enumerated
above.
ORDERED on the motion of Alderman Puttick, seconded by Alderman 'Orr, that the
report be received and adopted. Carried Unanimously.
- 7 -
MW-91-317 - Municipal Works Committee - Re: Municipal Works Committee Reports:
(I) Althea Street Truck Restriction - File G-180-1; (II) Glenholme Avenue Request
for Removal of No Parking Restriction - File G-180-20; (III) Glengate Street
Request for a Parking Restriction - File G-180-20, The report recommends the
following:
(I) MW-91-300 - Althea Street Truck Restriction
That a heavy truck restriction be implemented on Althea Street
between Drummond Road and Portage Road;
That the By-law amending By-Law 89-2000 (being a By-Law to regulate
parking and traffic on City roads) appearing later on tonight's
agenda, be approved.
II) MW-91-306 - Glenholme Avenue Request for Removal of No Parking Restriction
That the existing parking restriction on the west side of Glenholme
Avenue, between Fredrica Street and Cook Street, be eliminated,
from a point 45.0 m south of Fredrica Street to Cook Street;
That the existing restriction remain in effect from Fredrica Street
to a point 45.0 m south during 6:00 p.m. to 12:00 a.m. daily;
That the By-Law amending By-Law 89-2000 (being a By-Law to regulate
parking and traffic on City roads) appearing later on tonight~s
agenda, be approved.
III) Glenkate Street Request for a Parking Restriction
That a parking restriction be implemented on the north side of
Glengate Street between Maplewood Avenue and Drummond Road;
That a parking restriction be implemented on the south side of
Glengate Street from Drummond Road to a point 12.0 m west of
Drummond Road;
3. That the By-Law amending By-Law 89-2000 (being a By-Law to regulate
parking and traffic on City roads) appearing later on tonight's
agenda, be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the reports be received and adopted. Carried Unanimously.
See By-law No. 91-303
See By-law No. 91-304
See By-law No. 91-305
MW-91-318 - Municipal Works Committee - Re: Municipal Works Committee Report:
Fire Hydrant Adjacent to Driveway - 7361 Sandy Court. The report recommends that
Mr. and Mrs. Brusutti, the owners of 7361 Sandy Court, be advised that the
relocation of the hydrant (estimated cost $1,400.00) will be at their cost.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted, Carried Unanimouslv~
MI{-91-319 - Municipal Works Committee - Re: Municipal Works Committee Report:
Cataract Ice Limited Appeal for Sewer Surcharge Relief. The report recommends
the following-'
1. That Report MW-91-310 be received and filed for information without
prejudice;
2. That a Sewer Surcharge Credit in the amount of $916.56 be given to Cataract
Ice Limited based on the formula used in Report MW-91-310, without prejudice;
- 8
3. That staff continue to work with Cataract Ice Limited to carry out further
investigations regarding this matter, without prejudice.
ORDERED on the motion of Alderman Mendershot, seconded by Alderman Ward, that the
report be received and adopted. The motion f~with Alderman Puttick voting
contrary to the motion and with all others voting in favour.
MW-91-322 - Chief Administrative Officer Re: Contract 92-100, Road
Reconstruction on Centre Street and Lorne Street. The report recommends the
following:
1. That the by-law appearing on tonight's agenda be passed, authorizing the
temporary road closure of Centre Street from Victoria Avenue to Lewis Avenue,
commencing on January 6, 1992 for a time period as required to allow
construction to progress expediously;
2. That the unit prices submitted by the low tendeter, V. Gibbons Contracting
Ltd., be accepted and the contract awarded to this firm subject to the above
temporary road closure being approved.
ORDERED on the motion of Alderman Germano, seconded by Alderman Puttick, that the
report be received and adopted. The motion f~ with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in layout.
See By-law No. 91-309
NW-91-323 - Chief ~dministrative Officer - Re; Street Light Maintenance
Information Report. The report recommends that this report be received for the
information of Council and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and filed. Carried Unanimously.
MW-91-325 - Chief Administrative Officer - Re: 1991 Capital Budget projects. The
report recommends that the by-law for Portage Road/Harvey Street/Swayze Drive and
Pettit Avenue, appearing on tonightts agenda be passed.
ORDEPJED on the motion of Alderman Janvary, seconded by Alderman Puttick, that the
report be received and adopted. The motion f~ with Alderman Susin
abstaining from the vote on a conflict of interest previously recorded, and with
all others voting in favour.
See By-law No. 91-307
MW-91-328 - Fnn~icipal Works Comettee - Re: Municipal Works Committee Report:
Stop Sign Installations Fieldstone Avenue at Chorozy Street. The report
recommends the following:
1) That stop signs be installed on the north and south legs of Fieldstone Avenue
at Chorozy Street;
2) That the By-Law amending By-Law 89-2000 (being a By-Law to rngulate parking
and traffic on City roads) appearing later on tonight's agenda, be approved.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germano, that
the report be received and adopted. Carried Unanimously.
See By-law No. 91-306
- 9 -
MW-91-331 - Yaxnicipal Works Conunittee - Re: Municipal Works Committee Report:
Appointment of Vice-Chairman to the Municipal Works Committee. The report
recommends that Alderman Bruce Cowan be appointed as Vice-Chairman of the
Municipal Works Committee for the period 1991 to 1994.
ORDERED on the motion of Hendershot, seconded by Alderman Fisher, that the report
be received and adopted, f~rried Unanimously.
MW-91-332 - Chief Administrative Officer - Re: Update on Mewburn Road Bridge at
CN Rail Crossing. The report recommends the following:
1) That the Mewburn Road Bridge remain open after the January 1, 1992 Ministry
of Transportation By-law expiry date, and that Municipal Council authorize
Staff to apply to the Ministry of Transportation to remove their condition
requiring closure of the Mewburn Road Bridge.
2) That City staff be authorized to negotiate a Letter of Understanding with CN
Rail regarding maintenance responsibilities for the Mewburn Road Bridge.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
R-91-45 - Chief Administrative Officer - Re: Baseball Scoreclocks at Oakes and
Ker Parks. The report recommends that staff be authorized to negotiate a
sponsorship agreement with Coca Cola Bottling Company for the provision of
Baseball Scoreclocks at 0akes and Ker Parks.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
R-91-49 - Chief ~dmiuistrative Officer - Re: Concession Agreement - Stamford
Memorial Arena. The report recommends that the by-law appearing later on this
evening's agenda authorizing an amendment to the ConcessionAgreement between the
City of Niagara Falls and the Niagara Falls Minor Hockey Association to include
a Skatesharpening Booth be approved.
ORDERED on the motion of Aldenman Ward, seconded by Alderman Germano, that the
report be received and adopted. Carried Unanimously.
R-91-50 - Chief Admnistrative Officer - Re: Thunder Season Tickets through
Payroll Deductions. The report recommends that Council approve the Niagara Falls
Thunder's request to offer Municipal Staff an opportunity to purchase Thunder
Season Tickets through weekly payroll deductions.
ORDERED on the motion of Aldenman Cummings, seconded by AIdenman Ward that the
report be received and adopted, and further that the information be provided in
staff's pay slips. Carried Unanimously.
PD-91-169 - Chief Administrative Officer - Re: Request for Extension to Draft
Plan Approval, Belleview Estates Subdivision 26T-87009. The report recommends
the following:
1)
That Council adopt and forward to the Regional Municipality of Niagara, a
resolution supporting a one-year extension to the Belleview Estates Draft
Plan of Subdivision, conditional upon the applicant maintaining the
appropriate subdivision sign which complies with Municipal and Regional
requirements and condition No. 19 of Draft Plan Approval, being revised to
refer to "Development Charges" rather than "Expansion and Renewal Charges";
2) That a copy of this report, Council's decision and the resolution be
forwarded to the Regional Municipality of Niagara and Eric Henry.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that
the report he received and adopted. Carried Unanimously.
See ResolUtion No. 55
- 10 -
S-91-48 - Chief Administrative Officer - Re: 4400 Queen Street, Option to Extend
Lease - Infrastructure Needs program Staff. The report recommends that Council
hereby agrees to extend the lease dated March 5, 1991 between Tony Barranca and
Vincent D'Agostino and the City of Niagara Falls so that the said lease will
expire on February 28th, 1994 and further that the Mayor and Clerk are hereby
authorized to execute an Option to that effect.
ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the
report be received and adopted. Carried Unanimously.
S-91-52 - Chief Administrative Officer - Re: Tourism Signing and Mapping. The
report recommends that the Mayor and Clerk are hereby authorized to execute an
agreement between Michael F. Beacom and The Corporation of the City of Niagara
Falls.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-~15
CD-91-78 - Chief Administrative Officer - Re: Council Meeting Schedule. The
report recommends that Council adopt by by-law the Schedule of Council Meetings
for the month of January, 1992.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-311
CD-91-79 - Chief Administrative Officer - Re: Increase in Fees for Services
Provided by the Municipality. The report recommends that City Council approve
the By-laws appearing on tonight's Agenda for the increase in fees for those
services supplied by the Parks Department for ice rental rates, and tariff of
charges for cemeteries, and the planning Department, for fees for processing
applications made in respect to Planning matters; and further that Council
authorize staff to proceed with the production of a revised "Schedule of Fees
Booklet" for publication and release to the general public as permitted under the
Freedom of Information and Protection of Personal Privacy Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be Tabled to the next meeting of Council. The motion~ffJ~with Alderman
Susin abstaining from the vote on a conflict of interest previously recorded and
with all others voting in fayour.
CI)-91-80 - Chief Administrative Officer - Re: Special 0cGasion Permit, D.J.C.
Enterprises, Video Dance Party, December 28, 1991. 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 Hendershot, seconded by Alderman Fisher, that
the report be received and adopted subject to established policy. Carried
Unanimously.
F-91-45 - Chief Ad~nistrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,111,071.47 for the period ending
December 23, 1991 be approved by the passing of the by-law appearing later on the
agenda.
Additional information was provided on Cheque No. 74489.
ORDERED on the motion of Alderman Ward, seconded by Alderman Germann, that the
report be received and adopted. The motion ~ with Alderman Hendershot
abstaining from the vote on a conflict of interest previously recorded and with
all others voting in fayour.
11
FC-91-27 - Finance Committee - Re: Borrowing by-law. The report recommends that
Council pass a by-law to approve the borrowing of $15,000,000.00 for current
expenditures for the year 1992.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
See By-law No. 91-302
FC-91-28 - Finance Committee - Re: Tax Balances - November 30, 1991. The report
recommends that this report be received and filed by the Finance Committee and
forwarded to Council for their perusal.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and filed. Carried UnanimousIv,
Report - Finance Committee - Re: Appointment to Finance Committee.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that
Alderman Janvary be appointed as Vice-Chairman of the Finance Committee. Carried
Unanimously.
RESOLUTIONS
No. 54 - WARD - HENDERSHOT - RESOLVED that this Council does determine, in
accordance with Section 34 (16) of the Planning Act, 1983, that the changes
proposed to the Zoning By-law for Application AM-2/91 (828312 Ontario Inc.
townhouse development in the Chippawa Community at the easterly corner of Main
Street and Lamont Avenue) 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.
Ca ried '
No. 55 - HENDFItSHOT - SHERAR - RESOLVED that this Council supports a one-year
extension to the Belleview Estates Draft Plan of Subdivision, conditional upon
the applicant maintaining the appropriate subdivision sign which complies with
Municipal and Regional requirements and condition No. 19 of Draft Plan approval,
being revised to refer to "Development Charges" rather than "Expansion and
Renewal Charges;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that leave
be granted to introduce the following by-law, and that the by-law be read a first
time:
91-301 A by-law to authorize the construction of certain works as Local
Improvements under Section 12 of the Local Improvement Act.
The motion~J~with Alderman Susin abstaining from the vote on a conflict of
interest previously recorded and with all others voting in fayour.
ORDERED on the motion of Alderman Cununings, seconded by Alderman Ward, that the
following by-law be now read a second time:
12
91-301 A by-law to authorize the construction of certain works as Local
Improvements under Section 12 of the Local Improvement Act.
The motion f~with Alderman Susin abstaining from the vote on a conflict of
interest previously recorded and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws, and that the by-laws be read
a first time:
91-302 A by-law to authorize the borrowing of Fifteen Million Dollars for
current expenditures for the year 1992.
91-303 A by-law to amend By-law No. 89-2000 - Re: Heavy Truck restriction
on Althea Street between Drununond Road and Portage Road.
91-304 A by-law to amend By-law No. 89-2000 - Re: Elimination of No
Parking restriction on the West Side (Glenholme).
91-305 A by-law to amend By-law 89-2000 - Re Parking Restriction on the
North Side of Glengate St. between Maplewood Ave. and Drummond Rd.
91-306 A by-law to amend By-law 89-2000 - Re: Stop Sign Installation at
Fieldstone Avenue & Chorozy Street.
91-307 A by-law to authorize the rehabilitation of the roads on certain
streets and storm sewer installation, repairs or replacement of
sanitary sewers, watermains and services as required together with
all related appurtenances services as an improvement and extension
to the sewage system in the Urban Service Areas of the City.
91-308 A by-law to authorize the rehabilitation of the roads on certain
streets and storm sewer installation, repairs or replacement of
sanitary sewers, watermains and services as required together with
all related appurtenances services as an improvement and extension
to the sewage system in the Urban Service Areas of the City.
91-309 A by-law to authorize the execution of an agreement with V. Gibbons
ContractingLtd- for road reconstruction on Centre Street and Lorne
Street.
91-310 A by-law to authorize the execution of an amending agreement with
Tony Ravenda, Compensation Administrator.
91-311 A by-law to amend By-law 89-155 and adopt a ~chedule of Meetings.
91-312
91-313 WITHDRAWN
91-314
91-315
91-316
91-317
WITHDRAWN
A by-law to authorize the execution of an agreement with Michael F.
Beacom respecting the Tourism Area Guide Map.
A by-law to authorize an amendment to the concession agreement with
the Niagara Falls Minor Hockey Association respecting a skate
sharpening booth.
A by-law to temporarily close part of Centre Street from
approximately Victoria Avenue to Lewis Avenue.
13 -
91-318
91-319
91-320
91-321
A by-law to authorize the execution of an amending agreement to
extend the lease at 4400 Queen Street.
A by-law to amend By-law No. 79-200, as amended. (Report PD-90-76,
P. Hartman)
A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control.
A by-law to authorize the payment of $2,111,071.47 for General
Purposes. (December 23, 1991).
The motion Carried with Alderman Hendershot abstaining from the vote on By-law
No. 91-321 on a conflict of interest previously recorded; Alderman Susin
abstaining from the vote on By-law Nos. 91-309 and 91-317 on a conflict of
interest previously recorded, and voting contrary on By-law No. 91-310; with
Aldermen Orr and Puttick voting contrary on By-law No. 91-310; and with all
others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the following by-laws be now read a second and third time:
91-302
A by-law to authorize the borrowing of Fifteen Million Dollars for
current expenditures for the year 1992.
91-303
A by-law to amend By-law No. 89-2000 - Re: Heavy Truck restriction
on Althea Street between Drummond Road and Portage Road.
91-304
A by-law to amend By-law No. 89-2000 - Re: Elimination of No
Parking restriction on the West Side (Glenholme).
91-305
A by-law to amend By-law 89-2000 - Re Parking Restriction on the
North Side of Glengate St. between Maplewood Ave. and Drummond Rd.
91-306
A by-law to amend By-law 89-2000 - Re: Stop Sign Installation at
Fieldstone Avenue & Chorozy Street.
91-307
A by-law to authorize the rehabilitation of the roads on certain
streets and storm sewer installation, repairs or replacement of
sanitary sewers, watermains and services as required together with
all related appurtenances services as an improvement and extension
to the sewage system in the Urban Service Areas of the City.
91-308
A by-law to authorize the rehabilitation of the roads on certain
streets and storm sewer installation, repairs or replacement of
sanitary sewers, watermains and services as required together with
all related appurtenances services as an improvement and extension
to the sewage system in the Urban Service Areas of the City.
91-309
A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. for road reconstruction on Centre Street and Lorne
Street.
91-310
A by-law to authorize the execution of an amending agreement with
Tony Ravenda, Compensation Administrator.
91-311
A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
91-312 WITHDRAWN
91-313 WITHBRAWN
91-314 WITHDRAWN
14 -
15 -
91-315
91-316
91-317
91-318
91-319
91-320
91-321
A by-law to authorize the execution of an agreement with Michael F.
Beacom respecting the Tourism Area Guide Map.
A by-law to authorize an amendment to the concession agreement with
the Niagara Falls Minor Mockey Association respecting a skate
sharpening booth.
A by-law to temporarily close part of Centre Street from
approximately Victoria Avenue to Lewis Avenue.
A by-law to authorize the execution of an amending agreement to
extend the lease at 4400 Queen Street.
A by-law to amend By-law No. 79-200, as amended. (Report PD-90-76,
p. Hartman)
A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control.
A by-law to authorize the payment of $2,111,071.47 for General
Purposes. (December 23, 1991).
The motion f~with Alderman Hendershot abstaining from the vote on By-law
No. 91-321 on a conflict of interest previously recorded; Alderman Susin
abstaining from the vote on By-law Nos. 91-309 and 91-317 on a conflict of
interest previously recorded, and voting contrary on By-law No. 91-310; with
Aldermen Orr and Puttick voting contrary on By-law No. 91-310; and with all
others voting in fayour.
It was moved by Alderman Cummings, seconded by Alderman Hendershot, that the
meeting adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
NEW BUSINESS
Alderman Puttick questioned the necessity of receivingcomplete by-laws in
the Aldermen's packages.
The Chief Administrative Officer responded by stating that it is a safer
approach to realizing what is being passed, when the by-laws are presented in a
complete form rather than an abbreviated form.
Farewell to John G. Smith
Aideman Curmmings indicated that this was John G. Smi~h's last "review" of
Council meetings. His Worship Mayor Thomson thanked John G, Smith for his fair
coverage of Council meetings and wished hlm the best of luck in his future
endeavours.
ORDERED on the motion of Aideman Cummings, seconded by Alderman Hendershot, that
a resolution be prepared on behalf of the City of Niagara Falls for Hr. John G.
Smith's involvement in the coverage of Council meetings.
S~lper ~ntlboxes
His Worship Mayor Thomson referred to an incident whereby Canada Post had
given no notification to Mr. Frank Zaniol or Mr. Louie Stallone, and had
proceeded to dig up their lawns and install the Super Mailboxes. His Worship had
indicated that he was disgusted with the attitude of the Canada Post officials
and requested that a resolution be prepared to have the matter fully
investigated.
ORDERED on the motion of Alderman Oermano, seconded by Alderman Susin, that the
matter of the Super mailboxes be fully investigated and that the people involved
at the highest level, be notified. Carried Unanimously.
d, J