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Minutes1992FIRST MEETING REGULAR MEETING Counc~ Chambers January 6, 1992 Council met on Monday, January 6, 1992 at 7:30 p.m., for the purpose of considering Regular Business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin that the minutes of the Special Meeting of December 16, 1991 be adopted as printed; that the minutes of the Planning Meeting of December 16, 1991 be adopted as amended with the following corrections as requested by Alderman Susin in respect to conflicts of interest he wished to have recorded on the following items: Page 7 - Report F-91-46, Cheque No. 73573 because he is a shareholder in the company; Page 8- Report CD-9 I-77 - Appointments to the Niagara Falls Public Library Board; Page 8 - Report from Alderman Norman Puttick - Re: Past Due Taxes; Page 10 - laws - to read - "The motion Carried with Aldermen Hendershot, Orr, Janvary and Susin abstaining from the vote on By-law No. 91-297; Aldermen Janvary and Susin, abstaining from the vote on By-law No. 91-298; and Alderman Susin abstaining from the vote on By-law Nos. 91-288, and 91- 2~9 on conflicts of interest previously recorded, and with all others voting/n favour." That the minutes of the Regular Meeting of December 23, 1991 be adopted as amended with the following corrections as requested by Alderman Susin in respect to conflicts of interest he wished to have recorded on the following items: Page fO - Report No. CD-9~-79 - Increase in Fees for Services provided by the Municipality, because he owns burial plots; By-law Nos. ~ 1-301 and 91-317, because he is a contractor. And further that the minutes on Page 9, Report No. S-91-48, Re: 4400 Queen Street - Option to Extend Lease - Infrastructure Needs Program Staff- be amended to read as follows: "That Council hereby agrees to extend the lease dated March 5th, 1991 between Tony Barranco and Vincent D~4gostino 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." CONFLICTS OF INTEREST Aldermen Hendershot and Janva~), declared conflicts of interest on Cheque No. 74693, because the Board of Education is their employer. Alderman Susin declared a conflict of interest on Report No. 892-02, because he has ongoing business with the contractor. COMMUNICA TIOAI$ Communication No. 314 - 18ctodan Order of Nurse (VONi Canada - Re: Proclamation. The communication requests that Council support proclaiming January 26- February 1, 1992 as "VON Canada Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the request be received and adopted subject to established policy. Carried Unanimously. -2- Communication No. 315 - The Corporation of the Township of NamEton - Re: Talecommunications Tower. The communication requests Council's support of their resolution to have the Federal Government review guidelines for the placement of a Telecommunications Tower. ORDERED on the motion of Alderman Sherat, seconded by Alderman Janvary, that the resolution be supported° Carried Unanimously. Communicab~n No. 316- Minisity of Health, Assistant Deputy Minister's Office-Re: C T Scanner. The communication indicates that the Ministry will be reviewing proposals from Welland, St. Catharines, as well as the proposal from the Greater Niagara General Hospital in Niagara Falls. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the communication be received and f/led. Carried Unanimously Communiceb~n No. 3 f 7 - Ministry of Culture and Communications - Re: Ontario Heritage Week. The communication requests that Council proclaim the week of February 17- 23, 1992 as Ontario Heritage Week. ORDERED on the motion of Alderman Puttick, seconded by Alderman Germano, that the communication be received and adopted subject to established policy. Carried Unanimously. Communication No. 318 - The Chamber of Commerce Nisgam Feb, Canada - Re: Requesting Council to consider representation of the Chamber of Commerce on committees to address the issue of duplication, relating to Municipal and Regional government. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the Chamber of Commerce be not/fled of the Public meeting that has been scheduled with the appropriate officials regarding the Regional Government's Referendum. Carried Unanimously. REPORTS B-92-02 - Chief Adrdnistmtive Officer - Re: Proposed Firehall Administration Building. The report recommends that this report has been prepared in the interest of providing City Council with background and present information concerning the status of the above referenced build/nO. ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherat, that the report be received and filed. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. 8-92-03 - Chief Administrative Officer - Re: Stamford Memorial Arena Contract. The report recommends that Council approve the by-law appearing on tonight's agenda author/zing an agreement between the City and Heco Ltd. for the installation of a propane/ammonia detection and ventilating system at Stamford Memorial Arena. ORDERED on the mot/on of AIderman Craitor, seconded by Alderman Germano, that the report be received and adopted. Carried Unanimously. See By-law No. 92-06 MW-92-Of - Chief Administrative Officer - Re: Contract 92-01, General Maintenance, Pole Replacement and Installation of New Street Lighting Fixtures. The report recommends that the unit prices submitted by Ground Aerial Maintenance Service Limited for Contract 92-0~ be accepted by Council and this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried UnanimousIv. PD-92-08- Chief Adrninistrative Officer - Re: Application for Exemption from Part Lot Control, Lots t2 to 23; Mount Carmel III, Plan 69M-20L The report recommends the following: (tl That the request from Btlan &hclalr on behalf of River Realty Development 11978) Inc, to exempt Lots 12 to 23 inclusive, Registered Plan 59M.20t, from Pert Lot Control be epproved end an egreement be entered into whereby the applicants will only build 24 attached tingle dwelling units on the lots which will only be divided in half; 12) That Council 13a$$ the al~proprlate by. low 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. -3- ORDERED on the motion of Alderman Cummings, seconded by Alderman 3herar, that the report be recdved and adopted. Carried Unanimoudv. See By-law No. 92-05. C~)-92-01 - Chief Administrative Officer - Re: Reduction and Refund of Taxes Section 496 (A) Municipal Act, Wilfred & Diana Nadon- 10521 Sodom. The recommendation recommends that a refund of taxes amounting to ~331.62 for 1989 and ~367.01 for the year 1990 be made to Wilfred & D/one Nadon, I052~ Sodom Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. CD-92o02 - Chief Administrative Officer - Re: Special Occasion Permit, AI Reid Memorial Tournament. The report recommends that Council indicate it has no ob/ection to the issuance of a Special Occasion Permit to the organization listed in this Report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. CD-92-03 - Chief Administrative Officer - Re: Niagara Falls Big Brothers Inc., and concerns about Violation of Terms and Conditions. The report recommends that the Clerk be authorized to send a warning to the Golden Nugget Bingo Hall, 6282 Lundy's Lane, advising them to cease causing the bingo Iicencees to operate outside the Provincial Terms and Conditions or action w/I/be taken with respect to their public hall Iicence. His Worship Mayor Thomson received indication that Mr. John Prentice, Niagara Falls Big Brothers Inc. was in attendance. Mr. Prentice indicated that he was in agreement with the recommendation. His Worship Mayor Thomson received indication that Mr. Gunning, Stamford Kjwanas was in attendance and wished to address Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman. Susin, that Mr. Gunning be permitted to address Council, Carried Unanimously. Mr. Gunning addressed Council and stated that he was totally opposed to the excessive fees being imposed for lottery licences. The City Clerk responded to questions by stating that Provincial Regulations permits municipalities to charge a maximum fee of 3% for lottery Iicences, and that the increase from 2% to 3% in licence fees was considered during the municipal budget deliberations and was seen as a method of increasing revenues and helping reduce the tax increase. The City Clerk advised that the Provincial regulations state that total expenses, excluding prizes awarded, in the conduct and management of any bingo lottery shall not exceed 15% of the gross receipts. The City Clerk further stated that the Golden Nugget is the only Bingo hall which has reduced the honorarlums to ensure that their profit margin would not be decreased, and that by reducing the amount of honorariums the organizations may claim, the hall is causing these organizations to operate outside the Provincial Terms and Conditions. The Lottery Licence Inspector responded to questions and advised that an increase/n the fees should have no impact on the charitable organizations. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the recommendation be received and adopted and further that if the operator fails to comply with the Provincial Terms and Conditions, the City Clerk shall commence proceedings to have their Iicence withdrawn. The mot/on Carried with Alderman Cummings, abstaining from the vote on a conflict of interest, because he is a member of an organization which conducts bingos, and with all others voting in favour. F-92-01 - Chisf Adminisuatlve Officer-Re: Municipal Accounts. The report recommends that the accounts totalling $I, 079,236.67 for the period ending January 6, f992 be epproved by the passing of the by-law appearing later on the agenda. -4- Further information was provided on Cheque Nos. 74605, 74660, 74691, 74697, and 74737. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 92-09 Following some discussion, it was ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that staff bring a report back to Council regarding the cost of recycling, and the cost of the Blue Box Program. Carried Unanimously. /:mance Committee -/:mane Committee Report - Niagara Chair-A-Van. The report recommends that Niagara Chair-A-Van requested approval to purchase two vehicles in 1992 to replace equipment that can no longer be depended upon to meet the service demands. ORDERED on the motion of Mayor Thomson, seconded by Alderman Fisher, that the tendering for the two Chair-A-Vans be approved with the proviso that attempts be made to obtain a subsidy from local service clubs, Carried Unanimously. C-92-01 - Rnance Committee - Rnance Committee Reports - Tourlt Informal(on Radio - ALD Holdings Inc. The report recommends that the information contained in this report be received by Council in their consideration of a grant request from the above-noted company. ORDERED on the motion of Mayor Thomson, seconded by Alderman Janvary, that ALD Holdings Inc. request for a grant in the amount of ~2,000.00 be approved subject to the conditions outlined in Mr. David Dancy's report dated January 6, 1992 and, in the interim, in deference to Alderman Puttick's concerns, discussions be held with the Niagara Parks Commission and Bridge Commission. The motion Carried with Aldermen Off and Puttick voting contrary, and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Finance Committee reports be received and adopted. The motion Carried with Aldermen Orr and Puttick voting contrary on Report CD-92-Ot, and with all others voting in favour. B Y-LA WS ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that leave be granted to introduce the following by-laws, and that the by-laws be read a first time: 92-01 A by-law to amend By-law No. 79-200, as amended (AM-21/90, A. Sacco & Others). A by-law to amend By-law No. 79-200, as amended (Jehovah's Witness Kingdom Hall, AM-23/91). 92.03 A by-law to amendBy-raw No. 85-238 respecting the classes of development that may be undertaken In site plan control (AM-23/91, Montrose Road). A by-law to authorize the execution of an agreement with River Realty Development (1976) Inc. 92-05 A by-law to designate certain land not to be subject to part lot control (Lots 12 to 23, Rag. Plan 59M.201). A by-law to authorize the execution of an agreement with 429408 Ontario bYnited, operating as Heco. 92,07 A by-law to amend By-law No. 79-200, as amended (Kingsbridge Inn, AM-2/9IJ. A by-law to amend By-law No. 86-238 respecting the classes of development that may be undertaken in site plan control (Main St, & Lamont Ave; AM-2/91). -5- 92-09 A by-law to authorize the payment of ~1,079,236.67 for General Purposes (January 6, 1992). The motion ¢prried with Aldermen Hendershot and Janvary, abstaining from the vote on By-law No. 92-09 on conflicts of interest previously recorded, and with all others voting in favour. ORDERED on the motion of Alderman Shetar, seconded by Alderman Orr, that the following by- laws be now read a second and third time: 92-01 A by-law to amend By-law No. 79-200, as amended (AM-21/90, A. Sacco & Others). 92-02 A by-law to amend By-law No. 79-200, as amended (Jehovah's Witness Kingdom Hall, AM-23/9 I). 92-03 A by-law to amendBy-law No. 85-238 respecting the classes of development that may be undertaken in site plan control (AM-23/91, Montrose Road). 92-0g A by-law to authorize the execution of an agreement with River Realty Development (1976) Inc. 92-05 A by-law to designate certain land not to be subject to part lot control (Lots 12 to 23, Reg. Plan 59M-201). 92-06 A by-law to authorize the execution of an agreement with 429408 Ontario Limited, operating as Heco. 92-07 A by-law to amend By-law No. 79-200, as amended (Kingsbridge Inn, AM-2/91). 92-08 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control (Main St. & Lamont Ave; AM-2/91). 92-09 A by-law to authorize the payment of H, 079,236.67 for General Purposes (January 6, 1992). The motion Carried with Aldermen Hendershot and Janvary, abstaining from the vote on By-law No. 92-09 on conflicts of interest previously recorded, and with all others voting in favour. NEW BUSINESS Secretary to Director of/:mance Alderman Cummings referred to the Secretary to D/rector of Finance position which had been advertised in the newspapers and stated that positions for the City should ofily be advertised in the local newspaper. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that the matter be referred to the Solicitor and the Director of Human Resources to bring a report to Council, and that preference be given to residents in the community as a condition of employment. The motion ~ with Alderman Susin abstaining from the vote on a conflict of interest, because a member of his family applied for the position, and with all others voting in fayour. Bunnee Jumdnn Alderman Cummings referred to correspondence from the Committee of Adjustment regarding an application for the use of a crane for Bunjee Jumping at the SkyIon Tower, and stated he was disappointed that bungee jumping is still being considered. -6- - 7- Mi~s Canada Paneant Alderman Cummings referred to the cancellation of the Miss Canada Pageant, and it was suggested that this situation might create an opportunity for the pageant to be relocated permanently to Niagara Falls, being a major tourist attraction. Alderman Cummings indicated that he has access to the proper contact persons and would provide the necessary information if required. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick that the matter be referred to the Niagara Promotion Association and the Visitor & Convention Bureau, to research whether there is an opportunity to hold the pageant in Niagara Falls. Carried Unanimously. Walker Brothers Quafffee Alderman Puttick referred to correspondence from the Ontario Municipal Board (OMB) regarding the Board's decision of the Walker Brothers Quarries. Wrerds Hall Alderman Puttick referred to a zoning by-law amendment regarding a proposed billlard hall being established in the Westlane School area. Alderman Puttick stated that the parents and Board of Education should be made aware of the application. His Worship Mayor Thomson indicated that it was to be a family-oriented operation. The City Clerk responded by stating that the circulation process had included the School Boards. Federetlen of Canodln Munici~Etles Alderman Puttick referred to correspondence from the FCM regarding an International Development Week, and encouraging Council to get involved and to participate. Alderman Puttick indicated that was another example of the FCM expanding beyond their mandate to the municipalities. Increase in Welfare Payments Alderman Puttick referred to correspondence from the Minister, Ministry of Community & Social Services regarding the increase of welfare payments. Alderman Puttick discussed the abuse of the welfare system by some welfare recipients, and stated that a 'ticket system= should be looked into. Annual Tree Burning Alderman Cummings invited all Council members to the Annual Christmas Tree Burning event to be held at Fireman's Park on Sunday, January 12, 1992 at 4:30 p.m. Garbane Pickun Alderman Sherer questioned the matter of tenders being called for garbage pick up at multi- unit apartment buildings. His Worship Mayor Thomson indicated that he wished to have a full review and public input, regarding the matter of garbage pick up in the City. Wal of Fame Alderman Hender~hot invited members of Council to attend the Wall of Fame Induction Services to be held on Sunday, January 12, 1992. Can-Du Air HeliDort His Worship Mayor Thomson referred to a letter from Mr. Antonio Bottacin and to a petition of 200 signatures which will be forwarded to the Federal and Provincial Ministries regarding the proposed Can-Du Air Hellport, along with a letter of Council's support of Mr. Bottacin's objections and of Councfl's opposition to the proposed heliport. His Worship Mayor Thomson referred to a letter from the Ministry of Municipal Affairs' comments on the proposed hellport application, which were forwarded to Transport Canada. The letter indicated that in light of the vast local concern regarding the proposed heliport and the potential for it to have an impact on the future interests of the Province of Ontario, the Ministry of Municipal Affairs would strongly support the request made by the City of Niagara Falls Council for the Federal Minister of Environment to order a public hearing or review to determine any potentially adverse environmental or social effects arising from the proposed hellport. New Year's Eve Celebrations His Worship Mayor Thomson discussed the New Year's Eve events and indicated that letters of thanks be sent to the individuals at the Visitor & Convention Bureau. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that thank you letters be sent to Barbara Biederman, George Bailey, Serge Felicetti, of the Visitor & Convention Bureau, and to the Parks and Recreation Department for their involvement in the successful New Year's Eve events. Carried Unanimously. Tiooing Fees Alderman Susin referred to a report regarding tipping fees, and the Director of Municipal Works responded by stating that a meeting has been scheduled for January 20, 1992 to discuss the matter. It was moved by Alderman Puttick, seconded by Alderman Cowan, that the meeting move to Committee of the Whole. Carried UnanimousIv. Committee of the Whole Committee Room #2 January 6, 1992 Council met on Monday, January 6, 1992 at 9:05 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 in open Council. READ AND ADOPTED, ...8 -8- REGULAR MEETING Council Chambers January 6, 1992 Council reconvened in Council Chambers on January 6, 1992 at 9:20 p.m., for the purpose of considering the item presented in Committee of the Whole. All members of Council, with the exception of Aldermen Cowan and Craitor, were present. His Worship Mayor Thomson presided as Chairman. Contract No. 91-111, Volsd Construction Co. Inc. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, Resolved that Council agree with the contractor, Volsci Construction Co. Inc. that Contract 91-I 11, Stamford Green Drive is being used for the purposes intended and the remainder of the said contract cannot be completed expeditiously; AND FURTHER that the said contract be declared to be substantially performed and a certificate to that effect be published in accordance with the Construction Lien Act, 1983; AND FURTHER that the holdback of ~97,065.99 be released; to Volsci Construction after 45 days of publication of the said certificate and in accordance with the Construction Lien Act, 1983 provided Volsd Construction delivers to the City, an indemnification and Letter of Credit in the amount of $97,065.99, in a form satisfactory to the City Solicitor, and because of the unusual circumstances in this matter, costs up to ~400.00 for the Letter of Credit is to be covered by the City. Carried UnanimousIv. It was moved by Alderman Ward, seconded by Alderman Cowan, that the meeting be adjourned. Carried UnanimousIv. READ AND ADOPT~ , MA YOn WAYNE THOMSON SECOND MEETING PLANNING MEETING Council Chambers January 13, 1992 Council met on Monday, January 13th, 1992, at 7:30 p.m., for the purpose of considering Planning Matters. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPtiON OF MINUTES ORDERED on the motion of AIderman Orr, seconded by Alderman Sherar, that the minutes of the meeting held January 6th, 1992 be adopted as amended with conflicts recorded for Alderman Susin. Carried Unanimously. CONFUCTS OF INTEREST Alderman Susin declared a conflict of interest on Item No. 92-06, Report PD-92-11, Certificate of Approval for Waste Disposal Sfie (Recycling Plant), 924398 Ontario b~nited. Alderman Ward declared a conflict of interest on Item No. 92-06, Report PD-92-1 I, because he has a business interest. RECOGNITION A WARD His Worship Mayor Thomson congratulated and presented a Volunteer Service Award to Alderman Janvary, on behalf of the Ontario Municipal Recreation Association, in recognition of her many years of volunteer service in this community. REPORTS - PLANNING MATTERS PD-92-05 - Chief Administrative Officer- Re: Zoning By-law Amendment Application AM-33/91, Beaver Valley Realty Ltd., Roland G. Maves, Beaver Valley Draft Plan of Subdivision. The report recommends the following: Ii That Council support the Zoning By-law amendment for the Beaver Valley draft plan of subdivision; 2) That the amending by-law be prepared for enactment at a subsequent Council meeting after the matter of stormwater management and flows into Beaverdams Creek and Shriners Creek have been appropriately addressed and the subdivision is draft approved; 3) That the amending by-law include an increased minimum front yard setback provision of 5.5m (18 ft.i; and 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. -AND - Communication No. OM - Niagara Peninsula Conxervation Authority - Re: Zoning By-law Amendment Application AM-33/91, The communication advises that the N, P, C,A. has no objection to the application. - AND - Communication No. OrB - Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment, Beaver Valley Plan of Subdivision (26T-90022), Citation Road, south of Post Road. The communication advises that the amendment is consistent with the local and Regional planning documents, and expresses the view that the City may wish to consider withholding final approval until the draft plan has been draft approved, and further, advises that comments from the Regional Publis Works Department wi// be forwarded when ava//ab/e. His Worship Mayor Thomson declared the Public Meeting open. -2- The Director of Planning & Development read the Affidavit of the Clerk, advising that Notices of the Public Meeting had been forwarded by first-class mail on December 13, 1991. His Worship Mayor Thomson explained the procedure to be followed under the Planning Act, 1983; received indication that Mr. Roland G. Maves, 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 passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting, and persons wishing to speak submit their names and addresses to the Clerk. 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-92- 01: Proposal; General Information; Circulation Comments; Planning Review, including Official Plan, Northwest Community Secondary Plan, Background, Nature of the Zone Change and Land Use Compatibility. He advised that the Planning Department was recommending approval of the application. 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 those opposed to the application. The developer and his representative did not wish to address Council. The Director of Planning & Development replied to questions raised regarding Planning Review Items No. 5, off-street parking; and Item No. 8, the suggestion of the Regional Planning Department regarding withholding of final approval of the amendment until draft approval has been recdved. The developer indicated that he would be in agreement with the proposed recommendations. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting, with respect to AM-33/91, closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted, and the application spproved. Carried Unanimously. PD-92-06- Chief Adrdnistrative Officer- Re: Zoning By-law Amendment AM-34/91, Marsulex Inc., 6300 Oldfield Road. The report recommends the following: That Council support the amendment to the Zoning By-law to properly recognize Marsulex Inc. as a legal conforming use, as part of the City's comprehensive Zoning By-law; 2) That the amending by-law be prepared for enactment at a subsequent Council meeting; and 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communlca#on No. 02,4 - Niagara Peninsub Conservation Authority - Re: Zoning Amendment Application AM-34/91. The communication advises that the N.P.C.A. has no objection to the application. - AND - Communication No. 02B - Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment to Permit Continued Use of Existing Chemical Operation, Oldfield Road, west of Drummond Road. The communication advises that Regional P/annln9 'Staff are not opposed to the amendment to a/low the continued use of the lands as a storage, b/ending and distribution centre for various grades of sulfuric acid and o/eum subject to appropriate provisions restricting the use to its present operation. - AND - Communication No. 02C -John Rodey, M.C.I.P., Mountdnview Homes Limited - Re: Application to Amend Zoning By-law AM-34/9~. The communication reviews the objectives of the proposal, and expresses opposition since the lands are "on the fringe adjacent to light industrial and residential uses, and are not In conformity with the objectives of the Off/dal P/an; that prior to further development on the property, the transportation through residential area should be addressed, as well as increased setbacks and buffering; and requests that the company be given notice of the passing of a by-law with respect to this application. -3- - AND o Communication No. 02D - Niagara Falls Economic Devdopment Agency - Re: Zoning By-law Amendment AM-34/91 - Marsulex. The communication expresses support of the application of its prior legal use, opportunities for existing industry to expand, and recognition of the company's contribution to community employment and economic growth. -AND - Communication No. 02E - C.J. Thompson, Plant Manager, CYRO - Re: Application File: AM- 34/91. The communication supports the application and raises no objections to its approval. - AND - Communication No. 02F - K. Bolechowsky, C.E.T., Approvals ,Supervisor, Regional Niagara. Re: Zoning By-law Amendment AM-34/91, Storage, B/ending & Distribution Centre for Chemicals, 6300 Oldfield Road. The communication advises that there are no objections to the application. His Worship Mayor Thomson declared the Public Meeting open. 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 December 13, 1991. His Worship Mayor Thomson explained the procedure to be followed as in the previous application; received indication that the applicant, Mr. B.M. M/liar, 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, and persons wishing to speak submit names and addresses to the Clerk. 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-92- 03: Proposal; General Information; Circulation Comments; Planning Review, including Official Plan, New Official Plan, Background, Nature of the Zone Change and Impact. He advised that the Planning Department was recommending support of the application. There was a negative response to the request for comments from persons other than the applicant or his agent, in support of the application. Mr. Dennis Landry, Upper Canada Consultants, 261 Martindale Road, St. Catharines, and representing Mountainview Homes, expressed concerns regarding the proposed amendment. He advised that there was no objection to the recognized use, but expressed opposition to the expansion of that use, and suggested that the report from Staff was unclear on that point. Mr. Landry referred to the comments of Staff regarding the intention of the Ontario Hydro to construct a bridge to provide more appropriate access to the property, and stated that rezoning of the property was not in conformity with the objectives of the Official Plan. Mayor Thomson advised that the intention of the proposal was to provide an opportunity for the property to be used as it was initially intended. Further discussion ensued with regard to the current use of the property which could be continued even if the application was not supported by Council, and the purpose of the proposal to provide a legal use and expansion if so desired, which would require a building permit application. The Director of Planning & Development stated that no future subdivisions were intended for the area, and that the current residential subdivision was approximately 1500 to 2000 feet from the subject lands. During the discussion, Council indicated that the City's policy of a I0 foot road widening dedication to the City should be adhered to. Mr. M/liar stated that the property to the north, zoned L ~ industrial, acted as a buffer to this heavy industrial use; that the property was large enough to contain any odour with respect to suifuric acid and oleum, which were not under pressure and would not therefore release an odour into the atmosphere. He further stated that any spill, which was not a normal occurrence, could be contained in the property itself. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting, with respect to AM.34/9 ~, dosed. -4- -5- ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. It was further recommended that a fourth recommendation be adopted as follows: That a tO foot wide strip of/and along the Oldfield Road allowance be dedicated to the City of Niagara Falls for future road widening. Carried Unanimously. PD-92-07 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-36/~ I, J.A. Mills, 8201 & 8209 Lundy's Lane. The report recommends the following: 1i That the application to permit a billiards hall establishment as part of the commercial plaza located at Kalar Road and Lundy's Lane be approved from a physical planning perspective, subject to Council's detailed consideration of the concerns raised by the Pr/ncipal of Westlane Secondary School; and 2) That the app~icant~ the ~~ard ~f Educati~n and the Regi~na~ Mun/c/pa~ity ~f N~agara be advised of Council's decision. - AND - Communication No. 03,4 - Niagara Peninsula Conservation Authority - Re: Zoning Amendment Application No. AM-36/91. The communication advises that the Authority has no objection to the application. - AND - Communication No. 03B - Regional Niagara Planning & Devdopment Department - Re: Proposed Zoning Amendment Application AM-36/91, Billiards Hall, Kalar Road and Lundy's Lane. The communication advises that the Regional Planning and Public Works Departments have no objections to the application. - AND - Commtinlcation No. 03C- P.J. Zoretich, !~ncilswl, Wextlne $ec4xldary School- Re: AM-36/9 I, Zoning Amendment Application. The communication expresses opposition to the application because of the proximity of the proposed billlard hall to the secondary school, tempting students to 'skip' classes, therefore creating attendance problems landing to learning difficulties and lack of academic success; as well as required discipline measures causing further alienation. -AND - Communication No. 03D - ,Social Planning Council of Nie$1ara FaI~ - Re: Application AM-36/9 I. The communication suggests that the proximity of the location to a local secondary school, as well as the heavy traffic volume in the area could be considered in the examination and development of this proposal. - AND - Communication No. 03E (NANDOUT) - Joseph A, Mll - Re: Zoning Amendment Application AM- 36/91, Proposed Billiards Club. The communication, addressed to Mr. P.J. Zoretich, Principal of Westlane Secondary School, refers to a meeting with the Principal, and suggests that children under the age of 18 be barred from the Club during the hours of I bOO a.m. to 3:00 p.m. during school days. His Worship Mayor Thomson declared the Public Meeting open. 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 Decembe( 13, 1991. His Worship Mayor Thomson reviewed the Handout Communication from Joseph A. Mills, and explained that the procedure as in the previous applications. He received indication that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested In the application. Mayor Thomson requested that all persons wish/rig to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting, and persons wishing to speak submit names and addresses to the Clerk, The Director of P/arming & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report AiD. PD-92- 02: Proposal; Genera/Information; Circulation Comments; P/arming Review including Background, Official Plan, Nature of Zone Change, Licencing and Impact. There was a negative response to Mayor Thomson's request for comments from persons other than the applicant or his agent and those opposed to the application. Mr. Dante MarineIll, Solicitor, discussed the applicants' wish to cooperate with the Principal of Westlane Secondary School since they also have young children; explained that the applicants were two local residents try/fig to raise a family of young children; that one of the applicants was an unemployed carpenter, and the other was concerned regarding his 'long term prospects with a local company'. Mr. Mar/nell/stated that the intention of the applicants was to start this business for an if/come to raise families; and were proposing a "family oriented place of entertainment; well lit with seating area in the front for seniors and families. He suggested that the application had 'considerable merit from a social aspect", and requested the support of Council. A discussion followed with regard to the responsibility for school attendance of students, restriction of students during school hours, the family atmosphere and clientele/n the new billlard halls, and par/c/rig, as well as another application be/fig received for a biiliard hall. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting, with respect to AM-36/9 I, closed. ORDERED on the motion of Alderman Cummings, secofided by Alderman Sherat, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Craitor, Cummings, Fisher, GermanD, Hendershot, Janvary, OFt, Sherar, Susin and Ward. NA YE: Alderman Puttick. PD-92-Og - Chief Admfnbtrative Officer-Re: Zoning By-law Amendment Application AM-37/91, Valley Star Apartments & Jus-Dan Family Trust, Southwest Side of Willoughby Drive. The report recommends the following: That Council support the amendment to the Zoning By-law to permit 3 new parcels of land to be developed for single family residential use; That the amending by-law be prepared for enactment at a subsequent Council meeting, after the applicant has entered into an agreement with the City that no building permit would be issued until the applicant has met the 6:1 extraneous flow removal quota, and has dedicated a 2. 3m road widening strip to the City; 3) That future driveway accesses for the lots be required to be approved by the City's Traffic Manager, prior to the issuance of building permits; and That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communica~n No. 04A - Niapm Peninxda Conesfret/on Authority. Re: Zoning Amendment Application AM-37/9~. The communication advises that the Authority has no objection to the proposed application. · AND - Commudcatlun No. 048 - Regional Niagara Plandeg & Devdopmont Delartment - Re: Proposed Zoning By-law Amendment AM-37/9~ - 2 Single Detached Lots by Severance; Willoughby Drive north of Gunning Drive. The communication advises that the Regional Public Works Department was reviewing the application and comments would be forwarded when available; and that the Regional Planning Department has no objection to the applica. tlon. -6- - 7- - AND - Communication No. 04C - K. Belechowsky, C.E. T., Approvals Supervisor, Regional Niagara - Re: Zoning By-law Amendment AM-37/91 - Proposed 3 Single Family Lots by Severance; Willoughby Drive and Gunning Drive. The Memorandum, which was addressed to Pat Bushel/o, Planner, advises that Regional Pubtic Works has no objections m the amendment, subject to compliance with the flow reduction strategy imposed by the City of Niagara Fails. - AND - Communicab~n No. 040 - Rick Velpini, C.E.T., Development & Drainage Technicin -Re: 37/01 (Revised), Valley Star Apartments Ltd. & )us-Dan Family Trust; West Side of Willoughby Drive North of Gunning Drive. The Memorandum, which was addressed to the D/rector of P/ann/rig & Development provides information regarding Roads, Sidewalks, and Municipal Services with respect to this application. His Worship Mayor Thomson declared the Public Meeting open. 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 December 13, 199 I. His Worship Mayor Thomson explained the procedure as in the previous applications. He received indication that Mr. Brian Sinclair, Solicitor for the applicant, and the developers 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. Mayor Thomson 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, and persons wishing to speak submit names and addresses to the Clerk. 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-92- 04: Proposal; General Information; Circulation Comments; and Planning Review, including Background, Official Plan, Consent Applications, and Nature of the Zone Change. He stated that the Planning Department was recommending approval, subject to an agreement regarding Building Permits and road widening; and expressed concern because the subject lands were situated on a "bend' in the road with ingress and egress from three lots. There was a negative response to Mayor Thomson's request for comme~ts from persons other than the applicant and his agent in favour of the application, and from persons opposed to the application. Mr. Brian Sinclair, Solicitor, advised that the property had been acquired some time ago and discussed a previous unsuccessful attempt to establish a senior citizens apartment with 15 units; referred to numerous apartment buildings on Willoughby Road; to the compatibility of the proposal within the area; and advised that a recent meeting had been held with City Engineers. He stated that the proposal would improve the area, have a "lesser impact on the flows in Chippawa and will cut down water in the sewer system; Mr. Sinclair expressed the view that this was a 'good application" which "makes sense" and was more appropriate than institutional zoning. The Director of Municipal Works responded to questions raised regarding action to be taken if storm sewers were not of the required depth. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting, with respect to AM-37/91, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the report be received and adopted, and the application be approved. Carried UnanimousIv. PD-92.10 -Chief Administrative Officer-Re: Commission on Planning and Development Reform in Ontario. The report recommends that a future report be prepared for Council's consideration on Planning and Development Reform in Ontario and that this future report be prepared for submission to the newly formed Provincial Commission. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried UnanimousIv. PD-92-11 - Chief Administradve Officer - Re: Certificate of Approval for a Waste Disposal Site (Recycling Plant), 924398 Ontario Umited. The report recommends the following: I) That Council offer no objections to the proposal regarding the establishment of a recycling operation at 5605 Stamford Street, conditional upon: (a) there being no outside storage of material; (b) the operation of the recycling plant meet the requirements of the City's Fire Department, and (c) compliance with all applicable Ministry of the Environment [MOEJ standards; 2) That Council notify the MOE and the proponent regarding recommendation (1). During the discussion, concern was expressed in terms of the traffic impact and the request made that access be made through Valleyway. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. It was further recommended that ingress and egress to the property be made through Valleyway. The motion Carried with Aldermen Susin and Ward abstaining from the vote on conflicts of intersst previously recorded, and with all others voting in favour. CD-92-06 - Chief Administrative Officer - Re: AM-31/90, Restricted Area By-law 91-294; Northeast Corner Kalar and McLeod Roads; 876929 0ntario Limited. The report recommends that Council reaffirm its approval of By-law 91-294, in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the by-law and letter of objection to the Board, with the request for a Hearing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Craitor, Cummings, Fisher, Germano, Hendershot, Janvary, Orr, Puttick, Susin and Ward. NA YE: Alderman Shetar. CD-92-07 - Chief Adrdnietrative Officer - Re: Restricted Area By-law 91-296; East Side of Montrose Road, South of Thorold Stone Road; Landcorp Ontario Limited. The report recommends that Council reaffirm its approval of By-law 9 I-296, 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. - AND - Communication No. 05 (HANDOUT) - The Landcorp Group - Re: Zoning By-law 91-296. S.E. Quadrant of Thorold Stone & Montrose Roads. The communication asks Council to consider authorizing City Staff to request the Ontario Municipal Board to dismiss the objection and approve By-law 91-296 without a Hearing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communication be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted, and approval of By-law 91-296 be reaffirmed. Carried Unanimously. F-92-02 - Chief Adrninlstrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $427, 730. 33, for the period ending January 13th, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 74805, 74838 and 74844. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the policy for appliance purchases for City Departments be referred to Staff for investigation and a report. Carried Unanimously. ~8- -9- ORDERED on the motion of AIderman Susin, seconded by Alderman Puttick, that construction of the gatehouse at the landfill site be referred to Staff for a report. Carried Unanimously. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted, subject to Cheque No. 74838 being held for further information. Carried Unanimously. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 92-10 - A by-law to amend By-law No. 329, as amended. (Report PD-91-152 approved ' by Council December 16, 1991; Testamentary Devise Studyi. No. 92-11- A by-law to provide monies for general purposes. iJanuary 13, 1992, ~427, 730. 33). Carried Unanimously. ORDERED on the motion of AIderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: No. 92-10 - A by-law to amend By-law No. 329, as amended. IReport PD-91-152 approved by Council December 16, 1991; Testamentary Devise Study). No. 92-fl- A by-law to provide monies for general purposes. (Jaouary 13, 1992, ~427, 730. 33i. Carried Unanimously. NEW BUSINESS ITEMS OF CONCERN: Salaries - Non-Union - Alderman Puttick referred to a letter received from the Chief Administrative Officer dated January 6th, 1992, and expressed concerns regarding the increase in sabries for non-union Staff during a recessionary period. It was moved by Alderman Puttick, seconded by Alderman Susin, that the current increase in non,union salaries be reduced until a report has been received by Council regarding this matter, The motion was Defeated with the following vote: AYE: Aldermen Orr, PuttiCk, Shetar and Susin. NAYE: Aldermen Cowan, Craitor, Cummings, Fisher, GermanD, Hendershot, Janvary and Ward.* It was moved by Alderman Puttick, seconded by Alderman Susin, that the increase in stipend for members of Council be cancelled for 1992. ORDERED on the motion of Alderman Cummings, seconded by Alderman Off, that the matter be tabled to the next meeting of the Finance Committee, The motion to table which took precedence, Carried with the following vote: AYE: Aldermen Cowan, Craltor, Cummings, Fisher, Germsno, Hendershot, Janvary, Orr and Ward. NA YE: Aldermen Puttick, Shefar and Susln. Ministry of Toudsm & Recreation to Nianara Falls - His Worship Mayor Thomson referred to the proposed relocation of the Ministry of Tourism & Recreation Provincial Offices to the City of Niagara Falls, and stated that he had been advised through a representative of the Hamilton Spectator earlier on this date, that the relocation of Provincial offices had been postponed because of the current recessionary trend in the economy. Mayor Thomson expressed his disappointment and concern. It was recommended by Alderman Hendershot that a letter be forwarded, through Mayor Thomson's office, to the Honourable Bob Rae, Premier of Ontario; the Honourable Peter North, Minister of Tourism & Recreation; and Mrs. Margaret Harrington, MPP, expressing Council's concern regarding the postponement on the decision of a prime site for the relocation, and expressing the hope that the Ministry will be relocated in the City of Niagara Falls as soon as possible after the two year period of delay. ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that a letter be forwarded to Premier Bob Rae and the Honourable Allan Pilkey, Solicitor General, expressing the concern of Council, and advising that the City of Niagara Falls was trying to keep budgets under control and yet arbitration awards were excessive and causing difficulties to Mun/c/~oalities. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Fisher, GermanD, Janvary, Orr, Puttick, Sherar, Susin and Ward. NAYE: Aldermen Cra/tor and Hendershot. ITEMS OF INTEREST: Environmentally Friendly Housing- Alderman Fisher referred to the discussion at the Orientation Session, held earlier on this date, regarding the future construction of Environmentally Friendly Homes, and expressing her appreciation. It was moved by Alderman Ward, seconded by Alderman Shefar, that the meeting adjourn. Carried Unanimously, READ AND ADOPTED, THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #2 January 20, 1992 Council met on Monday, January 20th, 1992. at 6:30 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Orr who was absent because of illness, 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, MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers January 20° 1992 Council met on Monday, January 20th, 1992, 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 because of illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Fisher offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sherat, seconded by Alderman Craitor, that the minutes of the meeting held January 13th, 1992, be adopted as amended to include conflicts declared by Alderman Susin. Carried Unanimously. CONFLICTS OF INTEREST Alderman Hendershot declared a conflict of interest on By-law No. 92-18 because a member of his family is employed by the City. Alderman Susin declared a conflict of interest on Report No. S-92-05, and By-law No. 92-19, because he owns property in the area. TRILUUM AWARDS: PRESENTATIONS His Worship Mayor Thomson, and Alderman Janvary, Chairman of the Civic Committee, congratulated and presented Trillium Awards to the following winners of the 1992 Christmas Lighting Contest: Residential: Mr. and Mrs. E. Bagnulo; and Dr. and Mrs. H. McGarry. Mr. and Mrs. Elephante, third place winners, were not in attendance. Industrial: Tom Klrley received the Award for Lubrizol. - 2- -3- Institutions and Apartments: Harold Barnes, Maintenance Supervisor, received the Award for the Salvation Army Eventide Home; and Larry Lair, Chairman of the Property Committee, for Our Lady of the Scapular Church. Micheline Jones was not in attendance to received the Award for Imperial Towers. Commercial: John Nagy received the Award for Falls Manor Motel & Restaurant; Marlena Chase for Bloom & Basket; and Stephen Alexander for Denny's Restaurant on Buchanan Avenue, UNFINISHED BUSINESS AND WHEREAS the Council of the Corporation of the City of Niagara Falls requests the support of the Region in that the Region request fair and equal treatment for commercial day care centres; that the Region not allow discriminatory practices in parental choice (re: directing parents that are approved for subsidies to only the non-profit day care centtee); NOW THEREFORE BE IT RESOLVED that a copy of this Resolution be forwarded to the Regional Council and that the Municipalities unite and help the Commercial Daycare operators to be treated equal to not-for-profit day cares, allow them to continue to operate and keep the government from using millions of taxpayer's dollars to take over a quality system that already exists; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. INCREASE - COUNCIL AND NON-UNION SALARIES: ORDERED on behalf of Alderman Susin, seconded by Alderman Cummings, that the matter of Municipal salary discussions be brought forward. Carried UnanimousIv. Communication No. 06 (HANDOUT) - Honoumble Dave Cooke, Minister of Municipal Affairs - Re: Budgetary Restraint. The communication discusses expenditure restraints taken by the Province, and asks Council to participate and show leadership, to consider a similar freeze on the 1992 compensation paid to Council and members of senior Staff at 1991 levels. Following a brief discussion regarding the economic situation, it was moved by Alderman Sherat, seconded by Alderman Susin, that the Mayor and Members of Council receive no increase in stipend for 1992. Carried Unanimously. Mr. Biff Lent was granted permission to address Council on the motion of Alderman Ward, seconded by Alderman Hendershot. Mr. Lent discussed the current economic situation of the City, his personal financial difficulties, and his concern with respect to salary increases for 1992. He referred to the need to practise restraint at this time, by delaying projects and "give-away grants", as well as decreasing salaries. Following further discussion, it was moved by Alderman Janvary, seconded by Aldermen Hendershot, that Council re-affirm the 5% increase for non-union Staff for 1992, with the suggestion that a voluntary 2 week's vacation be taken, without pay, and further, that a report be prepared by June 30th, 1992, with respect to the salary schedule for 1993, for non-union Staff. His Worship Mayor Thomson declared a two minutes recess. Following the recess, Council reconvened for the balance of the agenda. UNITED VOICES FOR FAIR TREATMENT OF CHILD CARE FUNDING IN DAY CARE: CD-92-09 - Chief Administrative Officer - Re: United Voices for Fair Treatment of Child Care Funding in Day Care, The report attaches a resolution and background communications, and recommends that Council support the resolution appearing on tonight's agenda, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously, RESOLUTION No. 01 - PUTrICK - HENDERSHOT - RESOLVED that WHEREAS this Council has received submissions from several concerned citizens, respecting the NDP Govemment's announcement for universal day care; AND WHEREAS these citizens have requested the support of the City Council in that the Provincial Government be requested to reconsider its decision respecting conversion of for-profit child care service to non-profit status; COMMUNICATIONS No. 07A - A~ie P.M. Breed, President, Can-Du Air - Re: Niagara Falls Helicopter Limited. The communication provides additional information, solutions for corrective action, and suggestions regarding further actions; Mr. Breed offers to meet with Council and expresses willingness to make legitimate changes if required. o AND - No. 07B (HANDOUT) - Mrs. Sharon Dow - Re: Niagara Falls Helicopters Limited. The communication, which is addressed to the President of Can-Du Air, expresses opposition to "any more helicopters in this City" because of noise pollution. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously. No. 08 o Dr. D.K.R. Crosswall, National University of Singapore - Re: Possible Housing Development on Battlefield at Chippawa. The communication opposes the development because of historical ramifications. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that under Government guidelines, permission be granted to allow the subdivision process to proceed for the 5 lots and the matter be referred to agencies for comments. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Fisher, Hendershot, Sherat and Ward. NAYE: Aldermen Craitor, Germano, Janvary, Puttick and Susin. No. 09 - Regional Niagara Office of the Clerk - Re: Region-Wide Re-Assessment Study. The communication advises that the Regional Assessment Commissioner will be attending a special Regional Council meeting on February 27th, 1992 at 7:00 p.m., to present the Study, and invites interested persons to attend. ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that the communication be received and filed. Carried Unanimously. No. 10 - Hoother Davidson, President, Greater Niagara Big Sister Association -Re: Proclamation. The communication asks Council to proclaim the week of February 9th to 15th, 1992, as "Big Sister Week", ORDERED on the motion of Alderman Cummings, seconded by Alderman Shemr, that the request be approved subject to established policy, Carried UnanimousIv, No. 11 - Federetioo of Certain Municipalities (FCM) - Re: Proclamation. The communication asks Council to proclaim March 21 st, 1992, as "The International Day for the Elimination of Racial Discrimination". ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the request be approved subject to established policy. Carried Unanimously. ,I °4- No. 12 - City of Port Cdbome - Re: Resolution. The communication asks Council to support a resolution that, in light of the strategic location of the City of Port Colborne and its facilities, the Province be advised that it would be advantageous to establish in the City of Port Colborne, spinoff departments of the Ministry of Tour,sin in Niagara Falls, and Department of Transport in St. Cathadnes; and further, that a meeting be arranged with Premier Bob Rae, the appropdate Ministers and local MPPs for discussion. It was moved by Alderman Janvary, seconded by Alderman Cowan, that the request be supported. The motion was Defeated with the following vote: AYE: Aldermen Cowan, Germano, Janvary and Susin. NAYE: Aldermen Craitor, Cummings, Fisher, Hendershot, Puttick, Sherar and Ward. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Cowan, Craitor, Cummings, Fisher, Germano, Hendershot, Puttick, Sherar, Susin and Ward. NAYE: Alderman Janvary. No. 13 - Dr. Oleh S. Pidhainy, President, Ukminian Rdief & Reconstruction Agency of Canada - Re: Resolution. The communication asks Council to pass a resolution to establish a Ukrainian Relief and Reconstruction Committee and encourage support by citizens. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that the request be supported. Carried Unanimously. See Resolution No. 2, No. 14 - Bffen McRae, Progress Manage, Madean Hunter Cable TV-WellandlNiagam -Re: Canadian Cable Television Association's (C.C.T.A.) Cable Television Community Channel Standards. The communication invites the City of Niagara Falls to participate. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the request be supported. Carried Unanimously, B-92-01 - Chief Administmljve Officer - Re: The Buildings & Inspections Department Report for December 1991. The report provides information regarding Permits Issued and Highlights for December 1991, as well as January Proposals, and recommends that the 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. MW-92-11 - Chief Administrative Office - Re: BMVH Holdings Ltd. - Agreement - Placement of a Waste Container, Municipal Parking Lot No. 7. The report recommends that the agreement authorizing the placement of a waste container in Municipal Lot No. 7, appearing later on tonight's agenda, be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See Bv-law No, 92-12. R-92-01 - Chief Administrative Office - Re: ORS and OALA Conferences. The report recommends that Council authorize the attendance of one Parks & Recreation Department Staff at each of the Ontario Recreation Society (ORS) and the Ontario Association of Landscape Architects (OALA) Conferences. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Fisher, Germano, Janvary, Puttick, Sherat, Susin and Ward. NAYE: Aldermen Craitor and Hendershot. -5- CD-92-04 - Chief Administrative Officer - Re: Encroachment on Durham Street at 8731 Parliament Avenue. The report recommends that the application to permit the continuation of the encroachment of an existing carport, on the Durham Street road allowance, be approved subject to established policy, and the necessary by-law be enacted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 92-14. CD-92-05 - Chief Admioistm~ve Officer - Re: Encroachment at 4675 Ryerson Crescent. The report recommends that the application to permit the continuation of an encroachment upon the Municipal road allowance, at 4675 Ryerson Crescent, be approved subject to established policy, and that the necessary by-law be enacted by the City Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the report be received and adopted. Carried UnanimousIv. See Bv-law No. 92-13. CD-92-08 - Chief Administrative Officer - Re: Appointments to Sub-Committees of Regional Public Works and Utilities Committee, The report recommends the following: 1) That Staff, as outlined in this report, be appointed to the various Sub-Committees of the Regional Public Works and Utilities Committee; 2) That Council select political representation to the Niagara Falls Pollution Control Planning Infrastructure Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the report be received and adopted. It was further recommended that Aldermen Germano and Puttick, who had volunteered to act on the Niagara Falls Pollution Control Planning Infrastructure Committee, be authorized as Council representatives to the Committee. Carried Unimimouslv. S-92-01 - Chief Administrative Officer - Re: The Establishment of Certain Lands as Public Highways. Our File Nos. 89-C2-046 and 91-C3-159. The report recommends that Council approve the by-law on this evening's agenda to establish Block 145, Plan M-90, and Part of Block A, according to Registered Ran No. 224, designated as Part 8 on Reference Plan 59R-7913, as public highways. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimousIv. See By-li~w No. 92-15. $-92-02 - Chief Administrative Officer - Re: Niagara Escarpment Amendment No. 52/89. Our File No. 83-D1-001. The report provides information regarding the above mentioned Amendment, and recommends that the report be received for the information of Council. ORDERED on the motion of Alderman Sherar, seconded by Alderman Sue,n, that the report be received and adopted. Carried UnanimousIv. S-92-03 - Chief Administrative Officer - Re: Bill 115 - An Act to Amend the Retail Business Holidays Act and Employment Standard Act. Our File No. 90-B3-050. The report provides information regarding the Third Reading and Royal Assent, as well as information contained In Bill 115, and recommends that the report be received for informational purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted, and applications expedited for retail businesses to act as soon as possible. Carried Unanimousiv. -6- -7 - S-92-05 - Chief Administrative Officer - Re: Resale of Lots 18 & 19, Registered Ran No. M-67, Falls Industrial Park Extension; Don Murie Street. Our File No. 91-C7-160. The report recommends that Council approve the by-law on this evening's agenda to authodze the City to enter into on agreement respecting the resale of Lots 18 and 19 on Registered Plan No. M-67 to CDM Holdings Ltd. It is understood that Lot 18 is not subject to the usual terms requiring the construction of a building within two years and that Don Murie Street be extended under the sole discretion of the Director of Municipal Works. ORDERED on the motion of Alderman Ward, 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 voting in favour. See By-few No. 92-19. S-92-06 - Chief AdministmUve Officer - Re: Correcting Deed for Part 2 on Reference Ran No, 59R-3670 to Rose Critefii and Thomas Critelli in Exchange for Part I on Reference Ran No. 59R- 3670. Our File No. 91-B3-163. The report recommends that the by-law appearing on this evening's agenda to authorize a correcting deed of Part 2 on Reference Plan No. 59R-3670 to Rose and Thomas Critelli in exchange for Part I on Reference Plan No. 59R-3670 be passed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See Bv-iew No. 92-16. F-92-03 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,380,095.08, for the period ending January 20th, 1992, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimousIv. See By-law No. 92-20, RESOLUTION No. 02 - CUMMINGS - GERMANO - RESOLVED that WHEREAS Council has received a communication dated December 27, 1991, from the City-to-City Ukrainian Relief and Reconstruction Agency of Canada; BE IT THEREFORE RESOLVED that this communication be received; and BE IT THEREFORE FURTHER RESOLVED that the Council of the Corpbration of the City of Niagara Fails supports the establishment of a Ukrainian Relief and Reconstruction Committee in Niagara Falls and encourages the support of this Committee by our citizens. This support is not to be construed as direct financial support from City Council, nor does it require the involvement of any City Staff. Carried Unanimousiv. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-iews be read a first time: No. 92-12- A by-law to authorize the execution of an agreement with BMVH Holdings Ltd. respecting the placement of one waste container upon lands owned by the City for the benefit of BMVH Holdings Lid, No. 92-13- No. 92-14- A by-lawto afiow thematntaining and using of a buildingwhich enoroaches on Ryerson Crescent. A by-law to allow the maintaining and using of a building which encroaches on Durham Street, No. 92-15 - A by-law to establish one foot reserves as public highways. No. 92-16 - A by-law to authorize the execution of a correcting deed to Rose Critelli and Thomas Critelli of Part 2 on Reference Plan No. 59R-3670 in exchange for Part I on Reference Plan No. 59R-3670. No. 92-17 - A by-law to authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd. No. 92-18 A by-law to authorize the execution of an agreement with Baylis and Associates respecting an Employee Assistance Program. No. 92-19 - A by-few to authorize an agreement with 333483 Ontario Limited and CDM Holdings Ltd. respecting the sale of Lots 18 and 19, Registered Plan M-67 (Falls Industrial Park Extension}. No. 92-20 - A by-law to provide monies for general purposes. (January 20, 1992 - fl .380,095.08). The motion Carried with Alderman Hendershot abstaining from the vote on By-law No. 92-18, on a conflict of interest previously recorded; with Alderman Susin abstaining from the vote on By-law No. 92-19, on a conflict of interest previously recorded; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now reed a second and third time: No. 92-12 - A by-law to authorize the execution of an agreement with BMVH Holdings Ltd. respecting the placement of one waste container upon lands owned by the City for the benefit of BMVH Holdings Ltd. No. 92-13 - A by-law to allow the maintaining and using of a building which encroaches on Ryerson Crescent. No, 92-14 - A by-law to allow the maintaining and using of a building which encroaches on Durham Street. No. 92-15 - A by-law to establish one foot reserves as public highways. No. 92-16 ' No. 92-17 A by-law to authorize the execution of a correcting deed to Rose Critelli and Thomas Critelli of Part 2 on Reference Plan No. 59R-3670 in exchange for Part I on Reference Plan No. 59R-3670. A by-law to authorize the execution of an agreement with Ground Aerial Maintenance Service Lid, No, 92-18 - No. 92-19 - ; No. 92-20 - A by-law to authorize the execution of an agreement with Baylis and Associates respecting an Employee Assistance Program. A by-law to authorize an agreement with 333483 Ontario Limited and CDM Holdings Ltd. respecting the sale of Lots 18 and 19, Registered Plan M-67 (Falls Industrial Park Extension). A by-law to provide monies for general purposes. (January 20, 1992 - $1,380,095.08). ~ The motion Carried with Alderman Henderahot abstaining from the vote on By-few No. 92-18, on -. a conflict of interest previously recorded; with Alderman Susin abstaining from the vote on By-law No, 92-19, on a conflict of interest previously recorded; and with all others voting in fayour. -8- -9- NEV%/BUSINESS ITEMS OF CONCERN: Meeting of EDA, Visitor & Convention Bureau, & Chamber of Commerce - Alderman Puttick discussed the possible amalgamation of the EDA and Visitor & Convention Bureau with the Chamber of Commerce. His Worship Mayor Thomson advised that he had very recently been informed that inter- agency discussions were taking place at the present time, with the possibility of coordinating and combining Staff and facilities. He further advised that this would be fully discussed at the upcoming meeting with the iDA on January 21 st, 1992 in the Council Chambers, Highway Signage - Alderman Fisher referred to the inadequacy of signage along the Queen Elizabeth Way with respect to Niagara Fails and Chippawa. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward that the matter be referred to the Parking Committee for comments. Carried Unanimously. During the discussion, Alderman Cummings referred to the Provincial Govemment's recently announced proposal to change all signage in Niagara Falls and across the Province of Ontario to English and French involving a cost of $5 million. Mayor Thomson advised that this matter had been discussed at Regional Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Provincial Government be advised that the City of Niagara Falls opposes the use of English/French highway signs in the City of Niagara Falls and across the Province of Ontario, being an item that cannot be afforded during this time of recession. The motion C~rried with the following vote: New Phone System at City Hall - Alderman Hendershot referred to the recently installed phone system at City Hall and the problems being encountered. His Worship Mayor Thomson stated that there is an on-going evaTuation, that the problems should be resolved and result in time-saving for Staff. He further stated that it is hoped a positive decision could be made regarding this matter. Track Parking on Woodland Boulevard - Alderman Hendershot discussed calls he had received with regard to an 18 wheeler truck being parked on the front lawn of a home in the residential neighbourhood of Woodland Boulevard, and upsetting neighbouts. He indicated that there was some urgency for a resolution to the situation. Mayor Thomson advised that the matter was under investigation, that the truck was now being backed up to the garage door at the residence, and further, that a similar matter had been dealt with previously. He suggested that the matter be referred to the next meeting of Council for a report. MW-92-10 - 1992 Ontario Good Reads Association Conference - Alderman Janvary referred to the above mentioned report which recommended that Council advise Staff as to its representation at the 1992 Ontario Good Roads Association Conference in Toronto, February 23rd to 26th, 1992. She stated that the report had been denied by the Municipal Works Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that authorization be granted for Alderman Puttick to attend the 1992 Ontario Good Roads Association Conference for 1992. The motion .~ with the following vote: AYE: Aldermen Cowan, Craitor, Germano, Janvary, Puttick, Sherat and Susin. NAYE: Alderman Cummings, Fisher, Hendershot, and Ward. Tipping Fees - regarding In response to Alderman Susin's request for information on a previously requested report an increase in tipping fees, the Director of Municipal Works advised that a report would be forthcoming. Letters of Canaldance: ORDERED on the motion of Alderman Germaria, seconded by Alderman Janvary, that a letter of condolence be forwarded to the family of the late John Patrick Matthews. Carried UnanimousIv. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Johnstone L. Robarts. Carried UnanimousIv. ORDERED on the motion of Alderman Puttick, seconded by Alderman Germaria, that a letter of AYE: Aldermen Cowan, Craitor, Cummings, Fisher, Hendershot, Sherat and Susin. NAYE: Aldermen Germano, Janvary, Puttick and Ward. Niagara Promotion Association - Miss Universe Pageant - His Worship Mayor Thomson referred to the Handout communication from Mrs. Loretta Rea, President, Niagara Promotion Association, providing information regarding the costs involved in entering a candidate in the Miss Universe Pageant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the investigation be continued for additional information. Carried UnanimousIv. Proposed Municipal & Heavy Construction Liaison Committee - In response to Mayor Thomson's request, Aldermen Cummings, Hendershot, Janvan/, Puttick and Susin volunteered to act on the Municipal & Heavy Construction Liaison Committee which is proposed to meet quarterly. Meeting with Minister of Toudsm & Recreation - His Worship Mayor Thomson advised that he had been invited to meet with the Minister of Tourtam and Recreation in Toronto on January 23rd, 1992, for a discussion regarding general tourtam in the City of Niagara Falls. He stated that the relocation of the Ministry offices would not be discussed until the Minister visits Niagara Falls during the Misty Awards ceremony. ITEMS OF INTEREST: Wall of Fame - Alderman Janvary referred to the recent induction of 24 persons to the Wall of Fame in Niagara Falls, and expressed appreciation to Sergio Felicetti, Manager of Recreation Programs and Staff for assistance. His Worship Mayor Thomson congratulated Alderman Janvary, the Civic Committee and Recreation Staff on the success of the ceremony. New Year's Baby - ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that a letter of congratulations be forwarded to the family of this year's New Year's baby, Markayla Michele Adam. Carried UnanimousIv. antado Hydro's Engineering & Environmental SNdylProposed Diverdon - Alderman Fisher referred to the Environmental Study announced by Ontario Hydra in August 1992. Aldermen Cummings and Sherar declared conflicts of interest because their employer is condolence be forwarded to the family of the late Gordon Granville Johnson. Carried UnanimousIv. involved. · His Worehip Mayor Thomson stated that the matter had been on-going for a couple of years, ORDERED on the motion of Alderman Puttick, seconded by Aldermen Cummings, that a letter of ~ that Committees and Staff were involved and an upcoming meeting to discuss the matter with the condolence be forwarded to the family of the late Rocky Quarants. i City's consultant was anticipated. He further stated that Council would be kept informed. Carried UnanimouslY. ...10 - 10 - FOURTH MEETING SPECIAL MEETING It was moved by Alderman Puttick, seconded by Alderman Cowan, that the meeting adjourn. Carried Unanimousiv. READ AND ADOPTED, y.E Council Chambers January 21, 1992 Council met on Monday, January 21st 1992, at 4:30 p.m., in a Special Meeting with members of the Economic Development Committee. All members of Council, with the exception of Aldermen Cowan and Susin, were present. His Worship Mayor Thomson presided as Chairman. ECONOMIC DEVELOPMENT AGENCY INC. Communication No. 15A - Chief Administrative Officer - Re: Meeting between E.D.A. and City Council. The communication which is addressed to the President of the EoD.A. advises that a meeting has been scheduled for January 21st, 1991, at 4:30 p.m. Communication No. 15B- Mayor Thomson & Chief Administrative Officer - Re: Economic Development Agency Inc. The communication provides information regarding the following: Existino Problems: ~1) The Board spends too little of its time on Economic Development issues and too much of its t time responding to comments by Aldermen and discussing internal City Hall affairs. 2) Board meetings are poorly artended and agendas are not well conceived. 3) The Board does not provide its staff or the City with clear direction on the issues it wishes ~ pursued or on the tasks it wishes performed. Possible Solutions: t ) ~2) t) I) ~) I) t, .9) Communications between the E.D.A. and the City Council are poor. Rules respecting "confidentiality" are unclear and misunderstood. The day-to-day performance of the employees of the E.D.A. is not being properly monitored or reviewed. Make the Mayor, ex officio, President of the E.D.A. Increase Councirs representation on the Board. Review very carefully citizen appointments to the Board and encourage participation by the best people. Enforce more strictly rules respecting attendance at E.D.A. meetings. Director of E.D.A. to report to the C.A.O. on a day-to-day basis and be present at Staff meetings, and when required, at Council meetings, like a department head. E.D.A. to prepare and submit to Council, monthly reports on activities. E.D.A. to report to Committee-of-the-Whole on a quarterly basis (or more frequently if required) on confidential items. New rules respecting the issue of confidentlality to be prepared and approved by both the E.D.A. and City Council. A clear mandate to be developed annually by the E.D.A. Board and the Council on what tasks are to be carried out by the staff of the E.D,A. for the ensuing year. °2- Communication No. 15C - liegem Falls Economic Development Agency - Re: EDA Structure- The communication attaches a discussion paper regarding the Historical background, Economic Environment, and EDA Agency Structure of the Agency, and requests that a decision be made by City Council with respect to the structure that would be acceptable by Council. The following representatives of the Economic Development were in attendance: Rob McLeod, president; Tom Uoyd Vice-President; and John Corfield, Member of the Board of Directors; as well as Chuck ChatawaY, Director of Economic Development, EDA. Mr. Tom Uoyd, Vice-President, Niagara Falls Economic Development Agency, discussed the Board of Directors, which he stated was comprised of people working on a volunteer basis, Mayor Thomson, two Aldermen, the Chief Administrative Officer of the City of Niagara Falls, and 11 local business people. He discussed information contained in Communication Nos. 15B and 15C, itemized past activities, and responded to questions raised- Mr. Uoyd suggested the need for a task force, a development plan, and working closer with the Chamber of Commerce and the Visitor & Convention Bureau, sharing information, improving communications and working as a team of concerned citizens. Mr. C. ChatawaY, and John Cotfield responded to questions raised regarding the facilities, sharing of facilities, appointments to the Board, and by-laws of the EDA- it was suggested that Aldermen might wish to visit the EDA offices. Following further discussion, Mayor Thomson agreed to act as ex officio, president of the EDA. The Chief Administrative Officer clarified Solution No. 5, by stating that this should read "Director of E.D.A- to report to the C.A.O. on a weekly basis and be present at Staff Meetings when required". ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the communications be received and referred to Staff and the EDA. it was further recommended that Solutions I - 9 be approved subject to the amendment with respect to No. 5. .~ Unanimously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that Aldermen puttick and Hendershot be appointed to the Board of Directors as an alternates. r.~ Unanimousiv. His Worship Mayor Thomson expressed appreciation of the progress in communications and cooperation with regard to the EDA and Council at this meeting. It was moved by Alderman Janvery, seconded by Alderman Orr, that the meeting adjourn. Carried UnanimouslY, READ AND ADOPTED, FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 January 27, 1992 Council met on Monday, January 27th, 1992. at 6:00 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cowan who was absent on vacation, and Aldermen Craitor and Janvary who were absent due to illness, were present. Alderman Fisher presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers January 27, 1992 Council met on Monday, January 27th, 1992, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Cowan who was absent On vacation, and Aldermen Craitor and Janvary who were absent due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Sherat offered the Opening Prayer. ADOPTION OF MINUTES Alderman Susin asked that the minutes of January 20th, 1992 be amended to indicate that his conflict was because he owns property in the area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the amended minutes of the Regular meeting held January 20th, 1992, and revised minutes of the meeting held January 21st, 1992, be adopted. Carried UnanimousIv. WELCOME 264th NIAGARA FALLS GIRL GUIDE COMPANY: His Worship Mayor Thomson welcomed Mary Stanley. and Maureen Banks, Guide Leaders, and the following members of the 264th Niagara Falls Girl Guide Company to the meeting: Susan Fohr, Laura Poider, Frances Fraone, Karl-Lynn Riley, Tammy Tremblay, Maria Fraone, Melissa Adams, Marcella Salfi, Elizabeth DiGiorgio, Catherine DiGiorgio, Sarah Pollowy, Kathy Eerie and Sarah Campigotto. CONFLICTS OF INTEREST Alderman Susin declared a conflict of interest on Cheque No. 75046, under Report No, F-92- 04, because he has a business interest. -2- -3- UNFINISHED BUSINESS OVERVIEW OF SOCIAL PLANNING COUNCIL 1992 - pROFILE OF pROJECTS: Communication No. 16A - Mrs. Julia Denmy, Executive Director, Social Planning Council of liegem Falls - Re: Profile of Projects. The communication requests permission to address Council regarding an overview of the SPC 1992 Profile of Projects, and to introduce the incoming president. - AND - Communicalton No. 16B - James Rocca, president, Board of Directors, Social inning Council of Niagara Falls - Re: 1992 Plan of Action. The communication encloses a synopsis of the 1992 plan of action, advises that a brief presentation of current projects will be made on January 27th, 1992, and invites Council members to visit the Niagara Fails office. ~ANo~D;nication No. 16C - Shale Rebstouk, Advisory Chairman, profile Committee, Social inning Council of Niagara Falls - Re: Study - Niagara Falls Profile: Planning for the 21st Century. The communication encloses a copy of the Profile Package detailing the study and providing additional information. Mr. James Rocca presented an overview of current projects, and introduced the 1992 incoming President, Leslie Wart(net; Sheila Rebstock, Advisory Chairman of the Profile Committee; Amy Bignucolo, Past president; and Julia Damay, Executive Director. Mrs. Julia Darnay reviewed information contained in the Niagara Falls Profile of Projects and responded to questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the communications be received and filed. Carried Unanimously, ILLEGAL SIGNS IN THE CITY OF NIAGARA FALLS: Communicatjon No. 17 - Paul J. Branfinn - Re: illegal Signs in Niagara Falls. The communication refers to illegal signs in the City which could damage trees and be injurious to children, attaches photo copies of several infractions, and requests permission to address Council. Mr. Brannan reviewed the concerns contained in Communication No. 17, pointed out the error in the spelling of Beechwood Road and suggested contacting the Region to have the sign replaced; referred to a sign on the corner of 4th Avenue and Huron Street; and sugg~ested that these signs caused an environmental pollution problem and that the sign by-law should be enforced. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the communication be referred to Staff for action and a report. Carried Unanimousiv. DEPORTATION - VOJISLAV & LJILJANA DJURKOVICH FAMILY: Mr. Wayne Pine, 2789 St. Paul Avenue, was granted permission to address Council on the motion of Alderman Hendershot, seconded by Alderman Cummings. Mr. Pine referred to the recent decision of the Federal Government, to deny the Djurkovlch family of Niagara Falls refugee status, and had issued a deportation order for the family to return to yugoslavia~ He asked Council to communicate the concern of the community to the Minister of Immigration, and request that the family be allowed to return to Niagara Fails. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that The Minister of Immigration, the Honorable Bernard Valcourt, be informed that the City of Niagara Fells would welcome the return of the family of VoJislav and LJiljana Djurkovlch to Canada and the City of Niagara Fails, and would urge the fayDurable consideration of their immigration application. Carried Unanimously, NIAGARA FALLS RATEPAYERS ASSOCIATION FOR A HEALTHY ENVIRONMENTILANDFILL: Communication No. 18 (HANDOUT) - Ted Kmsowski, Spokesperson for Niagara Fells Ratepayera Association for a Healthy Environment - Re: Mountain Road Landfill. The communication addresses concerns and raises questions regarding the proposed height, extension and operation of the Landfill Site, refers to health and quality of life hazards to the community, and requests Council to respond to these concerns, in writing. Mr. Ted Krasowski was grained permission to address Council on the motion of Alderman Cummings, seconded by Alderman Sherar. As spokesperson for the Niagara Falls Ratepayers Association for a Healthy Environment, Mr. Krasowski reviewed the information contained in Communication No. 18, and asked that Council reply to the concerns and questions in writing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the matter be referred to Staff and Committee for a response to the questions of the group, and a report to Council. Carried Unanimously. COMMUNICATIONS No. 19 - Regional Niagara Office of the Clerk - Re: Cost Effectiveness of Fluoddating Municipal Water Supply. The communication attaches Report HS-01-92 for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Adderman Hendershot, that the communication be received and filed. Carried Unanimously. No, 20 ~ Bdan O'Stins, Vice-President, Kirkpatrick & O'Brine - Re: increased Rates for Niagara Falls Cemeteries, The communication protests the recent increases in rates and provides statistical information. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the communication be referred to the Parks & Recreation Department, and that Mr. O'Brine be invited to attend the meeting with the Funeral DirectorS, scheduled for February 1 lth, 1992. Carried Unanimously, No. 21 - John Fleming, Director of Publicity, Learning Disabilities of South Niagara - Re: Proclamation. The communication asks Council to proclaim the weeks of February 24th to March 6th, 1992, as "Learning Disabilities Weeks". ORDERED on the motion of Alderman Cummings, seconded by Adderman Germano, that the request be approved subject' to established policy. Carried Unanimously. No. 22 - Niagara Falls Chapter, Heart & Stroke Foundation of Ontado - Re: Proclamation. The communication asks Council to proclaim February 1992 as "Heart & Stroke Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman GermanD, that the request be approved subject to established policy. Carried UnanimousIv. No. 23 - Roxanne Fie, Executive Director, Project S.H.A.R.E. - Re: Orientation Breakfast. The communication invites the Mayor and Members of City Council to a breakfast and orientation session of Project S.H.A,R.E. programs, services end 1991 statistical overview. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the communication be received and filed. Carried Unanimously. No. 24 - Mayor Thomson - Re: Informal Meeting. The communication invites Members of Council and Heads of Department to attend an informal meeting on January 29th, 1992, at 7:00 p.m., in Bright's reception area, and requests confirmation of attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. -4- No. 25 (HANDOUT) ' Margaret Herrington, MPP - Re: Ontario Relocation program to Proceed. The communication attaches a communication from The Management Board of the Cabinet, and indicates that the Provincial Government is committed to locating in Niagara Falls, 400 jobs as previously announced, beginning in 1994 through 1996. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and filed. Carried UnanimousIv. No. 26 (HANDOUT) - Niagara Falls Review - Re: "Look Both Ways Before you Cross"- The communication refers to the above mentioned campaign now under way in the Niagara Region in conjunction with Shop Ontario and requests support in the form of an advertisement. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the Mayor be authorized to place an advertisement in the local newspaper, to an upset limit of $250.00. The motion Carried with the following vote: AYE: Aldermen Cummings, Fisher, Germano, Hendershot, Orr, Sherar, Susin and Ward. NAYE: Alderman Puttick. No. 27 (HANDOUT) - Chief Administrative Officer, Regional Niagara - Re: Federation of Canadian Municipalities (FCM) Membership. The communication advises that the FCM membership fee has been deleted from the 1992 Current Budget of the Region, and further, that any Municipality interested in continuing its membership may pay its respective fee. ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the communication be received and filed. Carried UnanimousN. MW-92-15 - Municipal Works Committee - Re: Committee Reports. The report recommends the following: 1 ) MW-92-03 - Wills Street Paddng Restrictions - It is recommended that: 1. Parking be prohibited on the north and south sides of Wills Street from Dorchester Road to a point 41.0 m east; 2. 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-92-12 - Request to ReOave Mevue Street from Drummond Road Weetedy -It is recommended that Bellevue Street from Drummond Road to its westerly terminus be considered in the 1992 Asphalt Overlay Program. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. Carded UnanimousIv. See Bv-law No. 92-24. MW-92-16 - Chief Administrative Officer - Re: Contract 91-19 - Collection of Waste from Multi- Family Buildings. The report recommends that Laidlaw Waste Systems Limited be awarded this three year contract at a tendered price of $78,944.71 per year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. R-92-02 - Chief Administrative Officer - Re: Sponsorship Agreement - Arena Scoreclocks. The report recommends that the by-law appearing later on this evening's agenda authorizing s five (5) year, $10,000,00 sponsorship agreement with Pathfinder Beverages Ltd., for the provision of scoreclock advertising and exclusive soft drink poudng dghts, be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted, Carded Unanimously, -5- S-92-07 - Chief Administrative Officer - Re: L.B. Pearson Park/Mary Ward School Parking Lot/Encroachment Agreement - Our File No. 91-C2-162. The report recommends that Council approve the by-law on this evening's agenda to authorize the execution of an agreement for the construction of a parking lot (turnaround) over Part I on Reference Plan 59R-7921 and also to approve the by-law to permit the encroachment of a parking lot (being Part 2 on Reference Plan 59R-7921 ) upon City lands. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law No 92-26, and Bv-law~ F-92-04 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,342,703.77, for the period ending January 27th, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 75075, 75083, 75093, 75144, 75153, and 75157. Alderman Germano requested information regarding companies changing names to avoid taxes. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on Cheque No. 75046, on a conflict of interest previously recorded; and with all others voting in favour. See Bv-la~ F-92-05 * Chief Administrative Officer - Re: 1992 Interim Tax Levy. The report recommends that Council approve the interim levying and collection by-laws for 1992 appearing on tonight's agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cummings, Fisher, Germano, Hendershot, Puttick, Sherar and Ward. NAYE: Aldermen Orr and Susin. See By-law No. 92-22 and Bv-law No. 92-23, No. F-92-06 - Chief Administrative Officer - Re: Provincial Transfers to Municipalities. The report attaches information from the Province of Ontario regarding unconditional grant transfers, advises that the 1992 grant to the City would be 1% over the 1991 funding level, and recommends that the report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that the report be received and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 92-22 - A by-law to provide an interim levy of taxes. No, 92-23 - A by-law to provide for the collection of interim taxes for the year 1992. No. 92-24 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) (Wills Street). No. 92-25 - A by-law to amend By-law No. 79-200, as amended. (J.A, Mills; Report PD-92-07 adopted by Council January 13, 1992), -6- No. 92-26 - No. 92-27 - A by-law to authorize the execution of an encroachment agreement with the Welland County Roman Catholic Separate School Board respecting the encroachment of an existing parking lot over park lands owned by the City. A by-law to authorize the execution of an agreement with the Welland County Roman Catholic Separate School Board respecting the use of part of LB. Pearson Park Lands for turnaround purposes for the benefit of Mary Ward School. No. 92-28 - A by-law to authorize the sale of land to Gordon Ernest Morgan and Elizabeth Ada Morgan. (Report CD-91-11 adopted by Council April 15th, 1991). No. 92-29 - A by-law to provide monies for general purposes. (January 27, 1992 - $1 '342'703'77)- The motion ~ with Alderman Susin abstaining from the vote on By-law No. 92°29 on a conflict of interest previously recorded; with Aldermen Orr and Susin voting contrary on By-law No. 92-23; and with all others voting in favour. ORDERED on fie motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: No. 92-22 - A by-law to provide an interim levy of taxes. No. 92-23 - A by-law to provide for the collection of interim taxes for the year 1992. No. 92-24 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) (Wills Street). No. 92-25 - A by-law to amend By-law No. 79-200, as amended. (J.A. Mills; Report PD-92-07 adopted by Council January 13, 1992). No. 92-26 - A by-law to authorize the execution of an encroachment agreement with the Welland County Roman Catholic Separate School Board respecting the encroachment of an existing parking lot over perk lands owned by the City. No. 92-27 - A by-law to authorize the execution of an agreement with the Welland County Roman Catholic Separate School Board respecting the use of part of L.B. Pearson Park Lands for turnaround purposes for the benefit of Mary Ward School. No. 92-28 - A by-law to authorize the sale of land to Gordon Ernest Morgan and Bizabeth Ada Morgan. (Report CD-91-11 adopted by Council April 15.th,, 1991 ). No. 92-29 - A by-law to provide monies for general purposes. (January 27, 1992- $1,342,703.77). The motion Carried with Alderman Susin abstaining from the vote on By-law No. 92-29 on a conflict of interest previously recorded; with Aldermen Orr and Susin voting contrary on By-law No. 92-23; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Grants Review Committee - Alderman Cummings referred to the upcoming Grants Review Committee meet ng on January 28, -1992, end expressed concern that Council Members who do not participate in the discussions are unaware of decisions made in the Committee until released in the press. H!a Worship Mayor Thomson advised that all Members of Council are welcome to participate in the discussions. Ilumlnation Bead - Ilumin~tion of the Fib - Alderman Puttick Initiated a discussion regarding the cost-sharing between Niagara Fails, Ontario and Niagara Falls, New York, of illuminating the Falls. His Worship Mayor Thomson stated that the contribution of Niagara Falls, N.Y., would not be forthcoming until the new Mayor and Council were sworn in. -7° Arbitration Settlements - Alderman Puttick expressed concern regarding arbitration awards for fireman, referred to arbitration decisions made in other areas, suggested going to arbitration for the requested 10% 1992 increase, and layoffs if necessary. The Chief Administrator stated that the request for 10% by the fire fighters was negotiable, and not a final figure, and further, that the package depended upon the arbitrators decision for 1991. He advised that Council would be kept informed. Alderman Puttick requested a report regarding procedures for layoffs. Letter of Conddence - ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Francis (Fran) Armstrong, a retired fireman. Carried Unanimously. Non-Union Increases - 2 Weeks Vacation Without Pay - Alderman Susin requested information regarding the decision made at last week's Council meeting and action taken regarding the voluntary 2 weeks vacation without pay. The Chief Administrative Officer stated that a report would be submitted at the Council meeting on February 1 O, 1992. Purchase Requisitions - Alderman Puttick referred to the discussion at a previous Council meeting with respect to the purchase of a microwave, and advised that the request for a refrigerator was on the same requisition form. In response to questions raised, the Chief Administrative Officer advised that he had not, and would not approve the request for a refrigerator. Alderman Orr initiated a discussion regarding the purchases by Department Heads being itemized on their proposed budget, and requested prior knowledge with respect to purchases. Palice Costs - His Worship Mayor Thomson referred to a News Release from the Ministry of Municipal Affairs regarding police costs and indicating that the Ministry was going to make the Municipalities more involved with police budgets and arbitration awards. ITEMS OF INTEREST: Greater Niagara General Hospital - CT Scan - Alderman Fisher advised that a note had been circulated in the Church she attends, and in all Churches throughout the City, with the information that A & P tapes were being collected with benefits to be applied towards the CT scan for the G.N.G.H, Miss Teen Niagara - Alderman Cummings referred to the successful Miss Teen Niagara Pageant, which was held at the Park Hotel on January 25th, 1992, and advised that the winner had been Carey Campbell and runners-up were Nina Gonsholt and Jannette Drost. It was moved by Alderman Ward, seconded by Alderman Fisher, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, OMSO'~' SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room/f2 February 3, 1992 Council met on Monday, February 3rd, 1992. at 6:45 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Craitor who was absent on a family commitment, and Alderman Germano who was absent due to a death in the family, 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, REGULAR MEETING Council Chambers February 30 1992 Council met on Monday, February 3rd, 1992, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Craitor who was absent on a family commitment, and Alderman Germano who was absent due to a death in the family, were present. His Worship Mayor Thomson presided as Chairman. Alderman Sherar offered the Opening Prayer. ADOPTION OF MINUTES ' ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the minutes of the Regular meeting held January 27th, 1992, be adopted as printed. Cs~. CONFLICTS OF INTEREST Alderman Fisher declared a conflict of interest on Cheque No. 75296, Report No. F-92-07, because her daughter is employed by the company. COMMUNICATIONS No. 28A - City of Watedoo - Re: 1992 Annual Meeting - A.M.O. Large Urban Section Workshop - April 24, 1992. The communication requests information regarding programs or policies related to Total Quality Management, also known as Continuous Improvement, to be used for instruction in the workshop. - AND - No. 28B - City of Waterloo - Re: AMO Large Urban Section Workshop. The communication provides information regarding the workshop. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communications be received and filed. Carried UnanimousIv. -2- No. 29 - Niagara Peninsula Conservation Foundation - Re: Arbor Week '92. The communication provides information regarding conservation activities during Arbor Week, and asks the City's endorsement of the program by proclaiming the week of April 24th to May 3rd, 1992, as "Arbor Week '92", as well as participation. ORDERED on the motion of Alderman Shetar, seconded by Alderman Cummings, that the communication be referred to the Environmental planning & Greening Committee. C~erried UnanimousIv. No. 30 - City of Peted)oroegh - Re: Two Tier Property Tax Committee. The communication asks Council to pass a resolution to support the implementation of Two Tier property Taxation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be referred to Finance. Carried Unanimously. No. 31 - The Kidney Foundation of Canada - Re: March Drive Campaign. The communication requests permission to hold the Annual Door to Door March Drive Campaign, March 1st, to 31st, 1992. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the permission be granted. Carried Unanimousiv. PD-92-18 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval, Grand View River Estates 26T-89022. The report recommends the following: 1) ThatC~uncilad~ptandf~rwardt~theRegi~natMun~cipa~ity~fNiagara~ares~~uti~nsupp~rt~ng a one year extension to the Grand View River Estates Draft Ran of Subdivision, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements and Condition No. 7 of Draft Plan Approval being revised to refer to 'development charges" rather than "impost fees"; and 2) That a copy of this report and Council's decision be forwarded to the Regional Municipality of Niagara, and to Frank Franze. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. lee Resolution No. 06. MW-92-18 - Municipal Works Committee - Re: Committee Report: Landfill Tipping Fee - Proposed Increase. The report recommends the following: 1) That the Tipping Fee at the Mountain Road Landfill be increased t° $90 Per t°nne c°mmencing April 6, 1992 on the condition that the Waste Disposal Credit System has been implemented as of that date; and 2) That a report is prepared for consideration for the next Municipal Works Committee providing the status of the Waste Disposal Credit System as of that date. ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, that the report, amended to indicate that the Tipping Fee be increased to $95 per tonne,. be received and adopted. Carried Unanimously. MW-92-19 - Municipal Works Committee - Re: Committee Reports, The report recommends the following: 1) MW-92-06 - Januar~ - December Conltmctlon $tatul Raprot - Our File G-170-19 -It is recommended that the construction status reports submitted at the Municipal Works Committee Meeting on 1992 01 27, be received and filed for information, -3- 2) 3) ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimousN. MW-92-04 - Overview of Home Cornposting Program - Our File G-140-8 - It is recommended that City Council receive and file the "City of Niagara Falls: Overview of the Home Cornposting Program and 1990 Home Cornposter Survey Results" as considered by the Municipal Works Committee on 1992 01 27. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW-92-17 - Whidpod Road Garbage Problem InformaUon Report - Our File Whirlpod Road - It is recommended that the above-noted advisory report be received and filed for information. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimouslv. MW-92-20 - Municipal Works Committee - Re: Committee Report: Kincaid Place -Parking Prohibition. The report recommends the following: 1) That Parking be prohibited on the south side of Kincaid Race between Victoria Avenue and Epworth Circle, Monday to Friday, between the hours of 8:00 a.m. and 4:30 p.m.; 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 Sherar, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, See By-law NO. 92-30. MW-92-22 - Municipal Works Committee - Re: Committee Report: The Renegotiation of the City- M.O.E. Combined Sewer Overflow Abatement Strategy. The report recommends that the attached resolution be endorsed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. B-92-06 - Chief AdministmUve Officer - Re: Resolution by Ontario Plumbing Inspectors Association. The report recommends that the City does not support this Resolution, as it is contrary to our concept for general inspection and would down-grade present qualifications for inspections. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. F-92-07 - Chief AdmlnistmUve Officer - Re: Municipal Accounts. The report recommends that the accounts totalling ,~679,546.08, for the period ending February 3, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 75209 and 75294. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. The motion _Ctrried with Alderman Fisher abstaining from the vote on Cheque No. 75296 on a conflict of interest previously recorded; and with all others voting in fayour. See Bv-law No. 92-33. RATIFICATION OF FINANCE COMMITTEE ACTIONS: ORDERED on the motion of Aldermen Cummings, seconded by Alderman Orr, that the following actions taken by the Finance Committee, earlier this evening, be approved: ~t ng -4- 1) That the bus fare for Niagara Transit be increased; end approve the purchase of one bus for Niagara Transit; 2) Refer the Niagara Fails Public Library 1992 Budget back to the Library Board; 3) Approval of a grant in the amount of $20,000 to the Niagara Parks Commission for the Ameriflora '92 presentation; 4) Approval of the following Tender Awards: - FC-92-01 - Tender for Gasoline and D esel Fuel to Petro Canada Inc.; - FC-92-02 - Quotation for Street Light Fixtures to Grafton Uti ity Supply; - FC-92-03 - Quotation for Street Light Poles to Stress-Crete Ltd.; 5) Ratify denial of grant requests to the Aids Committee of Niagara, and Canadians for a Clean Environment. The motion .C~ with Alderman Susin voting contrary on the Niagara Transit fare increase; with Alderman Puttick voting contrary on the purchase of one bus; end with all others voting in favour. CD-92-10 - Chief Administrative Officer - Re: Special Occasion Permit - Niagara Falls pirates. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS; Sale of Lots 18 & 19, Plan M-67, Fells Indust~al Perk: ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that Council approve the sale of Lots 18 and 19, Plan M-67, Falls Industrial Park to 954523 Ontario Limited, that Don Murie Street be extended at the discretion of the Director of Municipal Works, and further, that Council approve the request that Lot 18 be excluded from the restrictions requiring the construction of a building within two years. The motion .~ with Alderman Susin abstaining from the vote because he owns property in the area, and with all others voting in fayour, per~onnd Matter - Framer Deputy Director of Municipal Werks: City ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Solicitor be directed to proceed in accordance with comments made in Committee of the Whole. Carried Unanimously. RESOLUTIONS No. 03 - CUMMINGS - HiNDERSHOT - RESOLVED that the Council of the Corporation of the City of Niagara Falls petitions for subsidy under the provisions of The Public Transportation and Highway Improvement Act on expenditures made during the year 1991 in the amount of $10,093,549.56; AND the Seal of the Corporation be hereto affixed. Carried UnanimousIv. No. 04 - CUMMINGS - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Earl John Germano, a well respected citizen of the community, and brother-in- law of Alderman Margaret Germano; AND the Seal of the Corporation be hereto affixed. Carried Unanimousiv. -5- No. 05 - HENDERSHOT - WARD - RESOLVED that WHEREAS it has come to the attention of the Council of the Corporation of the City of Niagara Fails that Executive Helicopter Services Inc. is proposing to commence operation as a helicopter tours service from a location at Sodore Road and the Queen Elizabeth Way; AND WHEREAS the Council is on record as being opposed to the further crowding of the air space in and around Niagara Falls; BE IT NOW THEREFORE RESOLVED that the Council of the City of Niagara Falls is on record as being opposed to the establishment of any new tourist helicopter services in the City of Niagara Fails, or any locations which will provide service which will add to the congestion of the air space in and around the Niagara Falls tourist area; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 06 - CUMMINGS - FISHER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby supports a one year extension of draft plan approval for the Grand-View River Estates Subdivision (File No. 26T-89022), conditional ul~on the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements; and further, that Condition 7 of the Region's Conditions of Draft Plan Approval be amended to refer to "Development Charges" instead of "Expansion and Renewal Charges"; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWf 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. 92-30- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) (Kincaid Race). No. 92-31- A by-law to amend By-law No. 79-200, as amended. (AM-18/91,842622 Ontario Ltd., Dennis Goldfinch, 5933 & 5939 McLeod Road; PD-91-104 adopted by Council July 8, 1991). No, 92-32- 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-18/91 - 842622 Ontario Ltd.). No. 92-33 - A by-law to provide monies for general purposes. The motion Carried with Alderman Fisher abstaining from the vote on By-law No. 92-33 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-laws be now read a second and third time: No. 92-30- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) (Kincaid Place). No. 92-31- A by-law to amend By-law No. 79-200, as amended. (AM-18/91,842622 Ontario Ltd., Dennis Goldfinch, 5933 & 5939 MCLeod Road; PD-91-104 adopted by Council July 8, 1991). No, 92-32- 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 saGlion 40 of the Planning Act, 1983. (AM.18191 - 842622 Ontario Ltd,). °6- No, 92-33 - A by-law to provide monies for general purposes. The motion Carried with Alderman Fisher abstaining from the vote on By-law No. 92-33 on a conflict of interest previously recorded; and with all others voting in layout. NEVV BUSINESS ITEMS OF CONCERN: Landfill Credit System - His Worship Mayor Thomson referred to the Handout communication from the Chamber of Commerce of Niagara Fafis dated January 31st, 1992, supporting Council's decision to approve a Landfill Credit System. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the Credit System at the landfill site commence on April 6th, 1992, and that an appropriate advertisement be placed in the Niagara Falls Review. It was further recommended that a copy of the resolution be forwarded to the Chamber of Commerce, with the request that an advertisement be placed in PACE magazine. Carried Unanimously. H~copter Service - Alderman Hendershot referred to a letter he had received through the Region Niagara Tourist Council, dated January 9th, 1992, from Executive Helicopter Services Inc. He expressed his concerns regarding an application made by that company to conduct helicopter tours in this area. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that a resolution expressing CounciYs opposition to the establishment of any further helicopter tours service be given to Alderman Hendershot to take to the meeting of Region Niagara Tourist Council on Wednesday, February 5th, 1992. It was further recommended that the resolution be sent by FAX to Rob Nicholson, MP with a brief report from the Director of Economic Development. Carried UnanimousIv. See Resolution No. 05. Railway Crossings - Alderman Fisher expressed her concerns regarding the condition of railway crossings on McLeod Road at Marineland, and in Chippaws. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the matter be referred to Staff for a report. Carried Unanimously. Construction Waste - Alderman Fisher expressed concern regarding construction material waste, and' requested that meetings be established with builders regarding the separation of waste. The Director of Buildings & Inspections will submit a report on a possible schedule of meetings. Various Concerns - Nd. Puttick - Alderman Puttick discussed various concerns as follows: He asked about the Fire Administration Building and discussed personnel items. He gave justification with respect to being on the air with Bill Sineaton, and discussed the fire fighters end arbitration system. The DireCtor of Human Resources was asked to submit a report with re~pe~t to merit increases. - 7 - ITEMS OF INTEREST: Vadous Items of Interest - Mayor Themson - His Worship Mayor Thomson reviewed a letter which he had received from Larry Grossman, Q.C., which indicated that the National Baseball Association grants exclusive territorial rights to existing teams to veto any new team within 35 miles, and that the Welland Pirates had exercised their right to veto the application to the New York Penn League for a baseball franchise for Niagara Falls. He stated that attempts will be continued to secure a franchise in Niagara Falls. Mayor Thomson referred to and displayed a tourist map of the City of Niagara Falls, prepared by Karl Dr.n, Manager of Parking & Traffic. ORDERED on the motion of Alderman Sherat, seconded by Alderman Fisher, that a committee be established to coordinate the sale of the map, with Alderman Cummings as Chairman, and Alderman Sherat participating on the Committee. Carried Unanimously. Canada Day - Invitation to Royal Family - Alderman Hendershot advised that a member of the royal family would be visiting Niagara- on-the-Lake at the time of the Canada Day celebrations. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that an invitation be forwarded to the Royal Family that, with an invitation to visit Niagara Falls for the July 1st, 1992, Canada Day period, in conjunction with the visit to Niagara-on-the-Lake. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, 'a SEVENTH MEETING SPECIAL MEETING Council Chambers February 4, 1992 Council met on Tuesday, February 4th, 1992, at 7:00 p.m. to consider the elimination of Regional Government in Niagara. All members of Council, with the exception of Aldermen Cowan, Orr and Ward, were in attendance. His Worship Mayor Thomson presided as Chairman. REGIONAL GOVERNMENT IN NIAGARA: In his opening remarks, His Worship Mayor Thomson stated that this Special Meeting was called as a result of the Municipal Election and the Referendum regarding Regional Government. He further stated that anyone would be permitted to speak, and that subsequently, Council would make a determination a decision on the matter of Regional Government in Niagara. His Worship Mayor Thomson welcomed and introduced Brian E. Merrett, Regional Chairman; Michael H. Boggs, Chief Administrative Officer; Regional Councillors from Niagara Fails, Douglas A. Mann and Richard Harrington; Regional Councillor from Fort Erie, Stella Ziff; Regional Councillor from the Town of Lincoln, Mayor Ray A. Konkle; Regional Councillor Allan Pitts, Welland, and expressed the regrets of Regional Councillor William Smeaton. Regional Chairman Merrett expressed pleasure in attendance at this meeting and offered to respond to comments. The following persons were in attendance to express their concerns: Frank Seeley, 5038 Valley Way; John D. Smith, 7160 Brian Crescent; Paul Liefl, 5247 Drummond Road; Joe Charlebois, 4287 Chippawa Parkway; Lillian Clarke; Evan Hughes, 4862 McRae Street; Earl P. Christie, 6450 Caledonia St.; Cy McGuigan, 5151 River Road; AI D'Amico, 7015 Hagar Ave.; Biff Lent, 4080 Bridgewater St.; C. Hughes, 9182 Biggar Street; Feliciano Pingue, 6440 Montrose Rd.; Helen Stanley, 3420 Frances Ave.; Ann Cavanagh, 6746 Randy Drive; AI Gandel, 8042 Oakridge Drive, representing the Chamber of Commerce; Doug Smith, 7001 Main Street; Jim Mitchinson, 6458 McMicking St.; and other concerned residents. It was noted that the Annual Meetings of the Downtown Board of Management and Social Planning Council had been scheduled for this evening. The following concerns were expressed: duplication of services; large increase in taxes and duplication in services since Regional Government was established; abuse of the welfare system as recently published in the local newspaper, and the suggestion that the people on welfare should work for funds; poor quality of drinking water; and less control in the Police Force. It was stated that Regional Government should do the work it was intended to do, without duplication and some action should be taken to resolve the situation. Concerns regarding the exorbitant cost of numerous approvals prior to construction; reference was made to the condition of the salvage yard on Montrose Road; concern over trees which need replacing on Portage Road near Marineland; questions were raised regarding the lack of Regional Municipalities throughout all of Ontario and the suggestion that Niagara does not need Regional Government. The lack of communication and cooperation between the people and all levels of Government was referred to, and the serious economic difficulties in the community and onerous tax levies. It was pointed out that Council must accept the responsibility to act for the citizens of Niagara Falls. Questions were raised regarding a tax revolt. Regional Chairman Merrett explained the Regional Government structure, and that maintaining Regional roadways, bridges, water filtration and sewage plants were a Regional responsibility. He discussed the problems with the quality of water, and improvements to the sewage treatment plant in Fort Erie. He explained that the Region was studying ways to avoid duplication in the roadway system. Chairman Merrett discussed the nursing homes, and inspection of restaurants, and industrial sites, dental and health Inspections in the schools through Regional Health Services; referred to Public Health Nurses and hospital nutrition counselling. He suggested that the Regional Planning & Development Department may have some areas of duplication, stating that the system could be improved. It lC ls ng ug -2- -3- Chairman Merrett discussed the difficulty in the welfare system, the escalating number of applicants and costs, and expressed concern caused by mandated programs transferred to the Region by the Province, and suggested that the problems have been incurred through a change in the system over which the Region has no control. He referred to the decrease in Regional Staff and funds, and the lack of Regional control over the mandated programs, as well as the study currently being carried out by the Provincial Government, and the recent meeting with Premier Bob Rae. Regional Councillor Ziff discussed the levy for the Regional Police Force, transfer payments for welfare, and stated that the citizens have 'a great deal of power" to support the local and Regional Councils by making senior levels of Government aware through a joint effort. She advised that she would support a zero increase for the Police Board. Regional Councillor Harrington expressed agreement with the suggestion that welfare recipients should work for the community on a volunteer basis, and suggested disagreement with the Studies, adding that, 'we don't have to copy another system that doesn't work". He suggested helping the people back to work. In response to questions raised, Regional Chairman Merrett advised that the Police enquiry was paid by the Police budget, and funded through the Regional budget out of Municipal budgets. He referred to the Archer and Kitchen Reports and the current major reorganization in the Regional Public Works Department. His Worship Mayor Thomson stated that the Region had no control over the Police Budget which was approved by the Police Commission and subsequently by the Ontario Police Commission. He further stated that arbitration awards control the salary increases. Mayor Thomson stated that the Police enquiry was an example of how local and Regional Governments were not responsible for actions taken. He explained that the Regional Police Commission was responsible for the licensing of salvage yards, and efforts made over the years to improve the condition of the salvage yard at Montrose Road. Regional Councillor Doug Mann suggested the amalgamation of 12 Municipalities into six, and the elimination of some of the politicians. He expressed the opinion that Regional Government was 'here to stay", and that the mandated services had to be provided under the guidelines of the Province. Regional Councillor Konlde referred to the Kitchen Report which was forwarded to the Province for action which had not taken place. He discussed the changes in legislation with respect to the Regional Public Works, and referred to the quality of water and sewage. Mr. AI Gandel expressed concerns on behalf of the Chamber of Commerce, referred the implications of the 'system going broke', the situation in other countries, and discussed the need for 'targets" and the right of the people to tell Governmares what to do. He questioned areas of duplication, zero based budgefling, and a budget to justify the existence of the departments; referred to "moderate, reasonable increases, and suggested that the Region would "have to cut". Regional Chairman Merrett stated that the reorganization of the Public Works Department was complete, and the Senior Citizens Department was next. He agreed to meet with the Chamber of Commerce tomorrow and explain actions taken at the Region. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Fisher. that the results of the vote regarding the elimination of Regional Government be forwarded to the Province, with the endorsement from this Council to eliminate Regional Government in Niagara. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Fisher and Germano. NAYE: Aldermen Craitor, Hendershot, Janvary, Puttick, Sherar and Susin. RESOLUTION No, 07 - PUTTICK - SHERAR o RESOLVED that WHEREAS the councils of Municipalities across the Province of Ontario have pleaded with the Province to examine the legislation affecting police costs, welfare costs, and costs of Ontario Waste Management; AND WHEREAS taxes at all levels of government are steadily increasing; AND WHEREAS the existing system of Regional Government creates and fosters duplication of services within the Regional and local level of government; AND WHEREAS the Province's review of disentanglement, as suggested in the Kitchen report, does not appear to be progressing; AND WHEREAS the question, "Are you in fayour of the elimination of Regional Government in Niagara", was voted on in the 1991 Municipal election by the citizens of Niagara Falls with the results: Yes o 13,635 and No - 5,990; NOW THEREFORE BE IT RESOLVED that these concerns and the results of the vote be forwarded to the Province of Ontario with the endorsement of the City Council, that we support and urge the elimination of Regional Government in Niagara; AND BE IT FURTHER RESOLVED that this Resolution be circulated to all Municipalities in the Regional Municipality of Niagara, requesting their support; AND the Seal of the Corporation be hereto affixed. The motion Carried with the following vote: AYE: Aldermen Hendershot, Janvary, Puttick, Sherar and Susin. NAYE: Aldermen Craitor, Cummings, Fisher and Germano. It was moved by Alderman Janvary, seconded by Alderman Hendershot, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~= ~G~ MAYOR WAYNE THOMSON EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room t12 February 10, 1992 Council met on Monday, February I0 at 6:30 p.m., in Committee of the Whole. All members were present. Aldermen Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers February 10, 1992 Council met on Monday, February I0, 1992, at 7:30 p.m., for the purpose of considering Planning Matters and Regular Bus/hess. Aft members of Council, were present. His Worship Mayor Thomson presided as Chairman. Prior to conducting regular Council business, His Worship Mayor Thomson, on behalf of Council members, presented a token of appreciation to outgoing Council Secretary, Jeanne Fry on the occasion of her retirement. His Worship wished Jeanne well in all her future endeavours. Members of Council sang "Happy Birthday' to Alderman Judy Orr on the occasion of her birthday. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherer, that the minutes of the Regular Meeting of February 3, 1992; and the Special Meeting of February 4, 1992 be adopted as printed. Carried Unanimously. CONFLICTS OF INTEREST Alderman Suain declared a conflict of interest on Report PD-92-21 because he owns land in the area. Alderman Hendershot declared a conflict of interest on Application AM- 1/92 because a family member is involved. His Worship Mayor Thomson declared a conflict of/ntorest on Zoning Amendment Application AM-2/92 because hie wife is involved. REPORTS - PLANNING MATTERS PD-92-20 - Chief Adrninle~raEve Officer - Re: Zonin# By-law Amendment Application AM- 1/92, Orexis Holdings Ltd., 4414 Portage Road. The report recommends that subject to Council's considerat/on of any social concerns raised by the public or any circulated agency; That the application to permit a bill/erds room as a permitted use in the commercial plaza located on the east side of Portage Road, opposite Perkins Street be spl3roved from a physical planning perspective; -2- -3- 2) That the amending by-law be prepared for enactment at a subsequent Council meeting; 3) That the number, location end size of entrances to the property, on-street parlung and the construction of sidewalks across the frontage of the property be addressed b y the applicant to the satisfaction of the City's Director of Municipal Works and Regional Public Works Department; 4) That the applicant, the Social Planning Council and the Regional Munlcipalaity of Niagara be advised of Council's decision. It is further recommended that the City's Licencing By-law governing the operation of biliard halls be updated to contemporary Municipal standards. - AND - Communication No. 32 - Regional Niagara Planning & Developm erit Department - The communication states as having no objection to the application. - AND - Commonlcation No. 33 - Regional Niagara Planning & Development Department - The communication advises as having no objection to the application. The communication further indicates that the Regional Public Works Department is also not opposed to the amendment. -AND - Communica#~ No. 34 - Serial Planning Council of Niagara Falls - The communication recommends that the facility be well supervised, family oriented and well structured. -AND - Communication No. 35 - CN Engineering Servicem - The communication advises as having no objections to the application. 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 Hearing had been forwarded by first class mail on January 10, 1992. His Worship Mayor Thomson received indication that Mr. John Broderick, Solicitor, was in attendance on behalf of the applicant; and received · 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 lands with the assistance of posted sketches; and reviewed the following information included in Technical Report No. PD-92-14; Proposal; Official Plan; Nature of the Zone Change; Licencing; Impact; Comments from the Public Notification Process; Site Plan Control. 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. It was noted that Alderman Puttick wished to be on record as being opposed to billlard halls. Since no further comments were forthcoming, His Worship Mayor Thomson declared th~ Public Meeting with regard to Application AM-I/92 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received end adopted subject to the sidewalk deletion requirements, the review of the operation of billlard halls and fire etenderds. The motion Carried with Alderman Hendershot 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 Aldermen Susin, that Alderman Puttick take the Chair due to Mayor Thomson declaring a conflict of interest on Zoning Amendment Application AM.2/92, es preylout, IV recorded, Carried Unanimously. His Worship Mayor Thomson left the meeting. PD-92-24 - Chief Admlnlstrative Officer - Re: Official Plan & Zoning By-law Amendment Applications OPA No. 207 and AM-2/92, Q.E.W. Mount Properties Inc., Southwest Corner of Mountain and Mewburn Roads. The report recommends the following: l) That Council support the Official Plan and Zoning By-law applications to permit the development of 8 Price Club cash and carry retail warehouse on the southwest corner of Mountain and Mewburn Roads, subject to the following conditions: (a) that primary access to the site be from Mountain Road, that storm water flows leaving the site not be permitted to exceed predevelopment levels, that the lands be made subject to Site Plan Control to ensure the site is developed/n a sensitive manner, including the provision of visual screens along Mewburn Road, comprised of berming, decorative fencing and extensive landscaping, (di the max/mum building coverage be limited to 52%. That the applicant be required to implement the recommendations era Traffic Impact Study to the satisfaction of the City's Municipal Works Department, Regional Public Works Department and the Ministry of Transportation Ontario; 3) That the amendments to the Official Plan include site specific policies to limit the use of the lands to a Price Club cash and carry retail warehouse only; That the amending by-law include site specific provisions to permit only a Price Club cash and carry retail warehouse and improved regulatory provisions to address site requirements, building setbacks and heights, lot coverage, parking and loading spaces and landscaping which reflect the proposed development, including prow~ions requiring adequate services and the primary access of the site to be from Mountain Road; 5] That the applicant and the Regional Municipality of N/agora be advised accordingly. - AND - Communication No. 36 - ,~N~/al Planning Council of Niagara Falls. The communication indicates that the Social Planning Council, Mayor's Committee on Housing endorses the application without hesitation. - AND - Communication No. 37 - Sam and Barbara Rosal. The communication expresses concern over transport truck traffic travelling down Scholfield Street and requests that the entrances to the warehouse property be removed from Mewburn Road and that access to the property be from Mountain Road only. -AND - Communication No. 38 - Ksren Fraser, CN, Engineering & Services - The communication states as having no objections to the application. - AND - Communication No. 39 - Mr. Antony Di Giacomo - Modern Memalc Ltd. The communication expresses opposition to the proposal end urges Council to deny the application. -AND - Communit, mUon No. 40 - Niagara Peninsula Consarva~n Authority. The communication indicates as having no objections to the zoning by-law and Official Plan Amendment. - AND - Communicat~on No. 41 - John A. M. Chotka, Fredden~ Mount Forest V#lage. The communication expresses strong opposition to the re-zon/ng application. °4- -5- - AND - CommunicaKon No. 42 - Ministry of Transportation - The communication informs that the Ministry of Transportation has several concerns regarding the proposed access and the Traffic Section is revlew/ng the report and will submit specific comments in about 4-6 weeks. Acting Mayor Norm Puttick declared the Public Meeting open and requested that the City Clerk read 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 marl on January I0, 1992 to all the land owners in the area and further that a Notice had been published/n the Niagara Falls Review on January 1 O, 1992 to all the residents of Niagara Falls. Act/nO Mayor Norm Puttick received indication that Mr. John Broderlck, Solicitor was/n 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 b y-law submit their names and addresses to the Clerk prior to leaving the meeting. The D/rector 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-92- ~ 7; Land Use Overview; Proposal; Environmental Impacts; Traffic Impacts; Economic Impacts; Land Use Impact, Visability, AccessabilitY; Nature of the Official Plan Amendments; Nature of the Zone Change; Comments from the Public Notification Process. The Director of Ptann/ng and Development responded to questions regarding sp/noffs and added business for surrounding retailers, the creation of jobs, as a result of the Price Club project. Acting Mayor Norm Puttick 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. It was indicated that Mr. Russ Cheesman, Solicitor, representing the Oshawa Group Limited, wished to address Council, at which time Acting Mayor Norm Puttick declared a conflict of interest because his son-in-law is employed by the company. ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that Alderman Hendershot take the Chair due to Alderman Puttick's conflict of interest. Carried UnanimousIv. Alderman Puttick left the meeting, and Alderman Hendershot took the Chair. Acting Mayor Gary Hendershot received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, end received a positive response from persons opposed to the application. Mr. Russ Cheesem an expressed concerns reOerdlng the detrimental impact the proposal would have not only on the existing and planned, retail facilities, but also on the commercial hierachy established in the Official Ran. Mr. Cheesman reviewed the market impact study submitted by Thomas Consultants International and referred to the following matters in the study: the Price Club obtaining 70% of revenue from other businesses; the Price Club not open to the General Public; the Local Supermarket compet#~ion in Niagara Falls; the impact on planned function/commercial hierarchY; the stemming outflow dollars to U.S.A.; sufficient population to support Price Club; the spin-off business as a result of Price Club. Mr. Cheesman requested that the application not be approved until a Comprehensive market study has been pe~ormed and reviewed by the City. Mr. Muratorf, Solicitor, River RealW Developments, referred to the draft Official Plan and addressed the following issues: major and minor commercial districts; personal service components; power centross types of membership allowed in the Price Club. Mr. Ro~ $~u.ften, ii & P Properties, expressed the fallowing concerns: that budnes~ club holders ere retail, club offers food service In commercial size packages; the Impact on local supermarkets. Mr. Stussen indicated that the City should conduct an independent market study, prior to approvlng the application. Mr. Michael Bonom~ Sullivan, Mahoney, on behalf of Mount Forest V/l/age Condominiums, expressed concern regarding traffic volume, noise, and the quality of life. Mr. Bonom/ referred to the follow/nO issues: the residential des/gnat/on as proposed in the New Off/c/a/Plan; considerat/on of redesignatinO and rezonlng for light industrial use; future use of vacant lands, impact on lands currently be/nO used; identify/rig future commercial growth; the consideration of alternate sites for/ndustrlal uses; what other lands exist/n Niagara Falls that meet applicants needs. Mr. Bonomi stated that this property does not 'fit the bill" and would have adverse effects on the reddents in the area. Mr. Richard Arblaster, Berlls, Aird, on behalf of IPCF Inc. (Mr. Grocer, No Frills) stated that the proposed development would have a considerable impact on the food stores in the area. Mr. Arblaster referred to the Thomas Consultants Report regarding the Gross Leasable Area (GLA) in market studies had indicated that sales would be ~318 per square foot, when in fact, they should be ~ 350 per square foot. Mr. Arblaster discussed sales performance levels and population growth. ORDERED on the motion of Alderman Ward, seconded by Alderman Cra/tor, that the appeals of the Grant Review Committee decisions be deferred to the meeting of February 17, 1992. Carried Unanimously. Dennis Dindie expressed his concerns regard/nO loss ofjobs and stated that/t was not a matter of new jobs, but the taking away of jobs. Mr. V/rice Kefrio Jr., Mount Forest V/l/age, expressed opposition to the proposed Price Club project. Mr. Kerr/o stated he had purchased land in the area and had been informed by the Planning Department that developments were to be of a prestigious, first c/ass nature if they would succeed in a rezoning application. The Director of Planning and Development responded to Mr. Kerr/o's concerns by stating that the Price Club project was to be a h/Oh quality development. Mr. Torn Vattovaz, 2800 Mewburn stated that the Price Club project would lower the standards and the quality of development in the area and stated that this type of project was not a suitable project for the area. Mr. Vattovaz expressed concern regarding traffic volumes, constant noise, bright lighting and his outlook would be the walls of a building. Edwin Morley, Mount Forest V/l/age, stated he and his wife had moved to Niagara Falls to enjoy their retirement years and they were concerned about having invested their money and lives in Niagara Falls and have the Price Club project in the area. Mr. John Broderick, Solicitor, responded to comments made regard/nO the quality of the project, and referred to planned landscaped berms to reduce noise levels; building height; the use of trees in screen/nO the parking area; attracting people from across the border. Mr. Broder/ck stated that it would give Niagara Falls the opportunity to "reverse the flow" of shoppers. Mr. Danld G. Langev~, Price Club, discussed the number of businesses/n the area which would be eligible to join the club; indicated that advertising is by "word of mouth ~ that there would be approximately 150 new jobs in the area. It was moved by Alderman Shetar, seconded by Alderman Ward, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. Mr. Herman Oamer, Developer, responded to the concerns raised regard/nO no/so restraining walls, and the appearance of the Price Club build/nO. Since no further comments were forthcoming, Acting Mayor Gery. Hendershot declared the Public Meeting with regard to Application AM-2/92 closed. -8- - 7- On the motion of Alderman Ward, seconded by Alderman Cowan, that Items I to 5 of the Report be moved and further that the residents of the area participate/n the site plan process. The motion was Defeated with the following vote: A lIE.· Alderman Cowan, Susin, Orr and Ward. NA YE: Aldermen Craitor, Cummings, Fisher, GermanD, Janvary, and Shefar. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the application be denied. The motion Carried with the following vote: AYE: Aldermen Craitor, Cummings, Fisher, GermanD, Janvary, and Sherat. NAYE: Alderman Cowan, Susin, Orr and Ward. Acting Mayor Gary Hendershot declared a I minute recess at 1 I: tO p.m. in order that the Mayor could resume the Chair. Alderman Puttick did not return to the meeting. MISCELLANEOUS PLANNING MATTERS PD-92-19 - Chief Administra~ve Officer - Re:; Ministerial Approval of Official P/an Ameodment No. 198, Niagara Falls Section of the Official Plan. The report recommends that this report notify/nO Council of Ministerial approval of Official Plan Amendment No. 198 be received and filed. ORDERED on the motion of Aldermen Janvary, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. PD-9 2-15 - Environmental Planning & Green/nO Committee - Re: Terms of Reference for the 1991-1994 Env/ronmental Planning & Green/nO Committee. The report recommends that the Terms of Reference for the Environmental Planning & Green/nO Committee be approved by Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. PD-9 2- f 6- Environmental Planning & Green/nO Committee - Re: Update on the Niagara River Remedial Action Plan. The report recommends that Council accept the allached report for information purposes and that Alderman Fermino Susin be appointed as the City's representative on the Planning Advisory Committee for the Remedial Action Plan, with Alderman Shirley Fisher as alternate. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted, end further that Aldermen Ferm/no Susin be appointed as the City's representative on the Planning Advisory Committee for the Remedial Action Plan, with Alderman Shirley Fisher as alternate. Carried Unenimouslv. PD-92-21 o Chief Admlnlstre~/e Officer - Re: Proposed Amendment No. 58, Regional Strategy for Development and conservation and Proposed Amendment No. 59, Regional Urban Areas Objectives and Policies. The report recommends the follow/nO: Ii That the Ministry of Municipal Affairs be advised that the City of Niagara Falls supports Amendments No, 58 & 59 Subject to the reconciliation of the following issues: (a) the recognition of land uses associated with an nerospace industry at the Sodore Road/Q/E. W. interchange, (bJ the incorporation of the three urban ere boundary adjustments, shown on the attached map, onto the Q'ty of Niagara Falls Urban Areas Boundary Map in ~e Regional Policy Plan. 2) In recognition of the importance of issue (a), recommendation I above, it is recommended that should this issue not be able to be reconciled, the matter be referred to the Ontario Municipal Board. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Susln abstaining from the vote on s conflict of interest previously recorded and with all others voting In favour. PD-92-22 - Chief Adminis~'ative Officer - Re: Application for Exemption from Part Lot Control Lot 24, Mount Carme/ ///, Plan 59M-201. The report recommends the following: That the request from Simon & Anthony Barristers, Solicitors & Notaries on behalf of Metro Homes/Benato Fosch[n/ Construction Limited for River Realty Development (1976) Incorporated to exempt Lot 24, registered Plan 59M-201, from Part Lot Control be approved and that Council pass the appropriate by-law to designate the lands as exempt from Part lot Control; 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 Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. PD-91-162 - Chief Administralive Officer - Re: Review of Environmental Assessment for Sir A dam Beck 3 Hydroelectric Project. The report recommends the following: I) 21 That the City can support the approval of the Sir Adam Beck 3 hydroelectric proiect, subject to the conditions as outlined in this report and other matters of a compensation nature; That this report be forwarded to the Ministry of Environment, as we//as the Regional Municipality of Niagara, Town of Niagara-on-the-Lake and Ontario Hydro; 3) That this report constitute the City's position on the Environmental Assessment Review and the Ministry of Environment be so advised; 4) That Hydro be requested to begin immediate preparations and negotiations of the Community Impact Agreement and staff be authorized to enter negotiations based upon this report; 5l That if there is not fayDurable resolution regarding the cend/t/ons raised end/or compensation that the City proceed to request · public hearing be held under the Environmental Assessment Act. ORDERED on the motion of Alderman Orr, seconded by Aldermen Hendershot, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest because their employer/s involved, and with all others voting/n favour. CD-92-1 f - Chief Admlnistratfve Officer - Re: Interim Process, Condominium Conversion/Condomin/um Subdivision Application. The report recommends that this report, provided for information purposes, be received arid filed. ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed. Carried Unanimously. CO-92-12 - Chief Admint~trative Of~cer - Re: proposed plan of Condom/nium Subdivision, "The Condor Building", City F/Is No. CD-91-O01; Owner: Dose Eros. Ltd.; 5222 Protags Road at Valley Way. The report recommends that the City Council hear any persons who may w/sh to express their v/ewe on the subject application, and that · further report be submitted to Council at fie Planning Meeting scheduled for March 9, 1992 containing the Conditions of Approval to be applied to this Condominium Subdivision development. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. CD-92-13 - Cbid Administrative Officer - Re: Proposed Ran of Condomlnlum $ubdividon "Frontenac Street Condominlum", City F//e No. CD-gl-O02; Owner: Mr. Angelo Mutecog 5852 Frontenac Street. The report recommends that the City Council hear any persons who may wish to express their views on the subject application, and that e further report be submitted to Council at the Planning Meeting scheduled for March 9, 1992, contain/nO conditions of approval to be applied to this Condominium Subdivision development. ORDERED on the mot/on of Alderman Janvary, seconded by Aldermen Cowan, that the report be received and adopted. Carried UnanimousIv. ~t lg ng -8- CD-92-14 - Chief Administrative Officer -Re: Proposed Plan of Condominium Subdivision 'Meadowvale Drive Condominium~ City File No. CD-91-003; Owner: 4230 Meadowvale Realty Ltd.; 4230 Meadowvale Drive. The report recommends that City Council hear any persons who may wish to express their views on the subject application, and that a further report be submitted ot Council at the Planning Meeting scheduled for March 9, 1992, containing Conditions of Approval to be applied to this m thaS d 'o ;f ;t;r, seconded by A,darman OarmenD, that ,ha report be recsived and adopted. Carried Unanimously. COMMUNICATIONS No. 42 - Joe P/scion,if - Re: 6071 Stanley Avenue. The communication expresses concern regarding tenant complaints about noise and odour coming from large fan on south side of Viscount Hotel. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter be referred to staff. Carried Unanimously. No. 43 - Ray Martin, Chairman Executive Board * Re: Designation of Willoughby Church. The communication indicates that Executive Board is granting permission to proceed with designation of the Church as Heritage Property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to L.A.C.A.C. Carried Unanimously. No. 44 - Honourable Elaine Ziernha, Minister of Cib~enship - Re: 1992 Ontario Senior Achievement A wards Program. The communication requests nominations to honour individuals 65 years of age and over who have made outstanding contributions to their communities during their senior years. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the matter be referred to Recreation staff. Carried Unanimously. No. 45 - Regional Niagara Planning & Devdopment Department - Re: Regional Housing Advisory Committee for 1992, 1994. The communication attaches Report DPD-23-92 which provides information regarding Terms of Reference and proposed membership to the Committee. ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that Alderman Kim Craitor appointed to the Committee and further that the report be received and filed. ~arried Unanimously. No. 46 - Canadian Wildlife FedNation - Re: proclamation. The communication asks that Council proclaim the week of April 5-I I, 1992, as *National Wildlife Week (NWW)". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the request be approved subject to established policy. No. 47 - Ministry of Munidpsi Afroira - Re: Open Local Government. The communication reviews the proposed changes regarding the Municipal Conflict of Interest Act and the Municipal Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the matter be referred to staff. Carried Unanimously. No. 48 - D. W. Ciernents, Ontario Group Convention, N/opera Falls, 483 484 434 Wings R.C.A.F. Re: City Crests. The communication requests permission for two City crests to be used in the program for the 43rd Provinicsi Convection of the RCAF Association to be held in Niagara Falls in May, 1992. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and adopted. Carried Unanimously. No. 49 - Sl~ley Vigna, Book Riot Committee, Niagara Women in Grids - Re: Book Riot SkyIon Tower, May 14 - 18, I992. The communication requests permission to hang banner. ORDERED on the motion of Alderman Hendershot, seconded by Aldermen Janvary, that the request be approved subject to established policy. Carried Unanimously, F-92.08 - Chief Administrative Officer. Munlclpsi Accounta. The report recommends that the accounts totalling #696, 179.26 for the period ending February I O, 1992 be approved by the passing of the by.law appearing later on the egenda. -9- Additional information was provided on Cheque Nos. 75361, 75378, 75410, 75416, 75464. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-lOw No. 92-35. RA T/F/CA TION OF FINANCE COMMITTEE ACTIONS: ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the following actions taken by the Finance Committee, earlier this evening, be approved. I) That all grant requests be considered by Council; 2) That the Social Planning Council entertain ~90,000 for Social Planning; 3) Arts & Culture Commissions 1992 Budget be approved; The motion Carried with Aldermen Cowan and Orr voting contrary on the motions and with all others voting in favour. RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS: ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the following actions taken by the Municipal Works Committee, earlier this evening, be approved: Ii That the City agree to the acceptance of land in question as parkland dedication as opposed to cash in lieu. (Marisa Subdivision/. 2/ That consideration be given to the request by Canadian Home Products Ltd. for a Sewer Surcharge Credit and that a time period be established for calculation of the Sewer Surcharge Credit. The motion Carried with Aldermen Orr and Cowan, voting contrary to Mar/so Subdivision, and with all others voting in favour. CD-92-16 - Chief Administrative Officer - Re: Council Meeting Schedule. The report recommends that Council adopt by by-law the Schedule of Council Meetings for 1992. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS: ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report recommending senior staff forgo, their merit increase for 1992 be approved and further that a letter be forwarded to each member of sen/or staff through Mayor's office thanking them for their offer in recognition of the economic times. Carried Unanimously. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Susin that the balance of non-union staff forODe the step increase. Carried UnanimousIv. ORDERED on the motion of Alderman GermanD, seconded by Alderman Hendershot, to approve the recommendation of staff regard/nO voluntary leave. Carried Unanimously. See By-law No. 92-34 B Y-LA WS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the follow/nO by-laws, and the by-laws be read · first time: 92-34 A by.law to amend By-law No. 89-f55, as amended, being · by-law to provide for the Standing Rules of Council. 10- 93-35 A by*law to authorize the payment of ;:696, 179.26 for General purposes. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the following by-laws be now read a second and third time: 92-34 A by-law to amend By-law No. 89-155, as amended, being a by-law to provide for the Standing Rules of Council. 93.35 A by-law to authorize the payment of ~696, 179.26 for General purposes. Carried Unanimously. NEW BUSINESS Agoroyal of Grant His Worship Mayor Thomson referred to the Ministry of Culture and Communications regarding the approval of a grant in the amount of ~6,095 for the upgrading of facilities at the Firehall Theatre. (Thili Day His Worship Mayor Thomson referred to the Bank of Montreal's invitation to the Chili Day on Thursday, February 13, 1992 to support the G.N.G.H. Cat Scan. Region No~;~atlon Alderman Cummings referred to a communication from the Region, and suggested that the Region be notified that Mr. Paul Brennan has been retired for two years. His Worship Mayor Thomson indicated that he would be informing the Region on the matter. HdjcoDtef Sef~ Alderman Headershot referred to a communication regarding Exeoutive Helicopter service, end stated that he has received calls from individuals who wish to have a public meeting similar to the Can-Du Air meetings, and wish to assist the Mayor in any way they can. ORDERED on the motion of Alderman Headershot, seconded by Alderman Fisher, to condemn the actions taken by the developer regarding helicopter service. The motion Carried with Alderman Susin declaring a conflict of interest, and with all others voting in favour. Buli~oss Ttfa His Worship Mayor Thomson indicated that he would be out of town for the next three days on a business trip. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that Alderman Shirley Fisher be appointed Acting Mayor. Carried Unanimously, ORDERED on the motion of Alderman Headershot, seconded by Alderman Cummings, to approve the Mayor's business trip. Carried Unanlmouslv, It was moved by Alderman Cummings, seconded by Alderman Headershot, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, RK MAYOR WAYNE THOMSON NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 February 17, 1992 Council met on Monday, February 17, 1992 at 6:00 p.m., in Committee of the Whole. All members were present. Alderman Susin presided as Chairman. Following considerat/on of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, REGULAR MEETING Council Chambers February 17, 1992 Council met on Monday, February 17, 1992, at 7:30 p.m., for the purpose of considering regular business. A~ members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Sherar, that the minutes of the Planning meeting held February 10, 1992, be adopted as printed. Carried UnanimousIv. CONFLICTS OF INTEREST Alderman Sus/n declared a conflict of interest on Report No, S-92- I O, and By-law No. 92-43, Report No. F-92-09, and By-law No. 92-36, because he has a business interest. DEPUTATIONS Mr. Robert H. Bell, Alzheimer Sodety of Niagara Region, addressed Council and reviewed the act/v/ties of the Society. Mr. Bell indicated the Society had relocatod to new headquarters; and that due to a dramatic increase in calls in the past year, the add/t/on of two more Councillors was required. Mr. 8ell referred to their capital expenditure campaign, which had originated in August, 1991 and that with the efforts of Mr. Norris Walker, Chairman, and his campaign team, the Society is very close to their ~400,000 goal Mr. Bell referred to the formulation of a volunteer program to enhance the work of the Society, including friendly visitations, ass/sting caregivers in the home; ass/sting at blood pressure clinics, and fundraising events. Mr. Bell stated that if any service clubs or organizations are looking at projects that could utilize the services of volunteers to assist in bingo halls or other functions, to call the Society. Mr. Bell stated that the Society is looking at the outcome of the government's redirection of long-term care services, and indicated that a consultation meeting will be held on February 26, 1992 at 7:00 p.m. at Regional Headquarters to discuss those concerns. His Worship Mayor Thomson thanked Mr. Ben for his presentation and wished the Society well on behalf of Council end the citizens of Niagara Falls. .f h d -2- -3- Mrs. Margaret Nagy, Downtown Board of Management addressed Council and stated that in ~972, Queen Street had been designated as a business improvement area with street reconstruct/on and beautit/cat/on of the downtown area. Mrs. Nagy stated the by-law requires Council's approval of the Board of Management, as was selected by the membership on February 4, 1992 and asked that 8 members plus 2 alternates be approved. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings that Council approve the compliment of 8 members plus 2 alternates. Carried Unanimously. Mrs. Nagy proceeded to introduce the new Downtown Boardof Management to Council, Anna Cart/aid, Robert's Jewellers; Harvey Raft, Gold's Variety; Tony Barranca, /,lair Lovers Place; Gulshan Lalani, Guardian DruO Store; Dave Govan, The Camera Place; Paul Norton, Frontier Business Systems; Paul Hayes, Crawford Smith and Swallow Accountants; David Dancy, CJRN Red/o; Bob Barrett, Barrett Photography and Jane Murray, Rainbow Tours (not in attendancel. ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot that the Board be accepted as submitted. Carried Unanimously. His Worship Mayor Thomson extended congratulations and best wishes to the new Downtown 8oard of Management. Mrs. Margaret Hardngton, M.P.P. presented · report on Queen's Park activities and discussed the following items of concern: National Constitution Crisis; Economics and Business; Labour relab~ns; Meetings with Hospitals regarding level of service and staff cuts; CT Scan; the District Health Council and the need for representation and indicated that concerned and interested citizens could send their resumes to Mrs. Harrington's office, and these would be forwarded to the appropriate department; Adam Beck til Generating Plant project/s on track. Mrs. Harr/ngton referred to e Conference being held on Wednesday, February 19, t 992 at the AmeriCana/,lotel, entitled, "Gaining the Edge ", Innovation in the Business Community, sponsored by the Niagara Regional Development Committee; Industrial Research & Development Institute, funded by the auto industry to help the future of the auto/ndustrW Industrial strategy - bringing new technology to the province to increase productivity through business and labour; referred to Long. term care - In-home care vs Institutional care. Mrs. Herrington discussed Welfare concerns, and stated that a meeting has been arranged to deal with the basic questions of welfare along with Mr. Eden Merritt's submiss/on list of concerns regarding the welfare process. Mrs. Herrington informed that new leg/slat/on in 1993 indicates welfare wi/I be funded by the Provincial government; that the Minister of Education, the Non. Marion Boyd will be speaking at the Woman of the Year Awards in Niagara Falls the first week of March; requested that Council and Regional Council become/nvolved with the Fair Tax Committee. His Worship indicated that a meeting regarding labour concerns will be held on Friday, February 21, 1992 at the Optimist Hall end has been organized by the Iocal bualne~s community. His Worship invited Council members and citizens to attend the discussions. Mrs. Herrington responded to quest/one regarding daycare end stated the Province is presently subsidizing daycare centroe and efforts to get funding for conversion to non-profit daycare are under way. Discussions were held regarding arbitration; removing the tax from gasoline; reinstating tolls on bridges; French language signs; Regional and School Board collection of taxes; Provincial government's example of salary increases - 196 in 1992, 296 jn 1993, the COLA clause and job security given in the contract. Mayor Thomson referred to the Ministry of Tourism's move and mentioned a memorandum of agreement with OPSU group indicating no moves by the Ministry over the 1992/1993 contract and requested clarification from Mrs. Herrington. Mrs. Herrington responded that conversations with Mr. Tony Salil3o, of the Management Board, gave no indication of · link between the M/nistry's move and to the building being built. His Worship Mayor Thomson referred to the guidelines established by the Provincial government regarding Sunday shopping and indicated Niagara Falls deserves better treatment with respect to the Sunday Shopping issue, Mrs. Herrington referred to an article from Peter C. Newman's column in Macleans (October 18, 19911 regarding a Toronto couple who moved to Texas, entitled 'No yellow brick road to the United States". Mrs. Harrington presented the Final Report from the Select Committee on Ontario in Confederation to Mayor Thomson and stated that the follow/nO five points had been addressed: 1l Strong Canada Clause; 2J inherent Rights of Self Government of Natives; 3) Distinct Society in Quebec; 4J New Reformed Senate; and 5) Social Charter Provision. Mayor Thomson thanked Mrs. Herrington for her presentation to Council and on her report. APPEALS OF GRANT REVIEW COMMITTEE DECISIONS: ORDERED on the motion of Mayor Thomson, seconded by AIderman Hendershot, that Council hear the Appeals to the Grant Review Committee decisions, and respond to the individual reports. Carried Unanimously. Mrs. Margaret Ell/art, ExecubVe Director, D/stress Centre - addressed Council and stated the Centre provides an easily accessible confidential 24-hour D/stress Line and indicated the Centre has 96 trained volunteer cr/sis workers who listen to callers concerns and intervene in I/re-threaten/nO situations. Mrs. Elliott noted that 39 lives had been saved, 11 of which were/ntervened on in Niagara Falls by Police and Ambulance. Mrs. Elliott stated that the Centre is in the process of changing their name to D/stress Centre of Niagara but that/t takes time and money and requested that Council reconsider the grant request of ~ 10,500. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the grant request of $~0,500 be reinstated/n order that the money ages to the organization to keep the volunteer unit functioning. The motion was Defeated with the following vote: AYE.. Aldermen Craitor, Janvary and Orr. NA YE: Aldermen Cowan, Cummings, F/shot, Getmona, /fendershot, Puttick, S/~erar, Susin and Ward. ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Germano, that the Grant Review Committee recommendation to el/m/note the grant be adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Fisher, Germano, /-lendershot, Puttlck, Sherat, Sus/n and Ward. NA YE: Aldermen Craitor, Janvary and Orr. Mr. Peter Majewsky, General Manager, Niagara Grape & Wine Festival - addressed Council and stated that the Wine Festival has been very successful for the past four years, that it/s an annual international tourist attract/on. Mr. Majewsky noted that Shopper's Drug Mart have been involved in the distribution of information regard/nO the Wine Festival through their stores. Mr. Majewsky requested that the grant request of ~ 1,500 for the Festival be granted because their support is crucial. ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Janvary, that the grant request of ~,500 be granted. The motion was Defeated with the following vote: AYE: Aldermen Hendershot and Jan vary. NA YE: Aldermen Craitor, Cowan, Cummings, Fisher, Germane, Orr, Puttick, Sherat, Susin and Ward. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the recommendation of the Grants Review Committee to eliminate the grant be adopted. The met/on Carried with Aldermen /,lendershot and Janvary voting contrary end with all others voting/n layout. Ms. Edie Rosenblatt, Preddon~ YWCA - addressed Council and stated that she wished to clarify questions regarding salary line, that the figure includes salaries to the program, and fluctuates according to active part/c/pat/on in the programs. Ms. Rosenblatt referred to reserves for capital maintenance, roof replacement, boiler replacement. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the recommendation of the Grants Review Committee to provide a grant to the YWCA in the amount of 6100,000 be granted. The mot/on Carried with the following vote: AYE: Aldermen Cowan, Cummings, Germano, Hendershot, Orr, Puttick, Sherat, Sus/n and Ward. NA YE: Aldermen Craitor, Fisher, and Janvary, Mr. Ray HeDgefly, N/agora South Plowman'a Asiaclarion - addressed Council and indicated the Association was greatly dicappo/nted in being informed of the Grants Review Committee's recommendation of not funding the Niagara South Plowmen's Association. Mr. Haggetty gave a brief history of the Association end indicated that 1992 w//I be the t26th anniversary of the Association -4° and hoped that the 1992 plowing match could be tied/n to their long history w/th special plowing classes, prizes and/or trophies, whlch are all donated by various businesses. Mr. Haggerty noted that these are tough economic t/rues, but the that amount requested from the City is relatively small and asked that thoughtful consideration to approve the grant request of $100.00 be given. ORDERED on the mat/on of Alderman Puttick, seconded by Alderman Ward, that the recommendation of the Grant Review Committee to ellen/note the grant be adopted. Carried Unanimously. His Worship Mayor Thomson suggested that Mr. Haggetty contact the Mayor's office regarding the donation of a Suitable prize toward the competitions to be held. Mr. lan Story, Niagara Occupational Help & Development Centre of Niagara Falls - Mr. Story addressed Council and discussed cuts in staff, services, closures of small businesses, and duplication of services. Mr. Story indicated that their current active case load is 500 clients, that the Centre provides support to Futures, the John Howard Society. Mr. Story stated their mandate is to service the unemployed and the under employed; they are a v/tel part of the community and requested their grant request be approved. ORDERED on the motion of Alderman Puttick, seconded by Alderman O/r, that zero dollars be g/yen by the City. The motion was Defeated with Alderman Craitor decfar/nO a conflict of interest, because his employer is involved and with the following vote: AYE: A/de/men Cowan, Fisher, Germano, She/a/, O/r, Puttick NA YE: Aldermen Cummings, Hendershot, Janvary, Susin, arid Ward. Following further discussion, Alderman Germano withdrew from the original motion made by Alderman Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hende/shot, that the communications be received and filed and further that the recommendation of the Grants Review Committee for a grant of ~8, (200, O0 be approved. The motion Carried with Alderman C/a/to/declaring a conflict of interest, because his employer is involved and with the following vote: AYE: Aldermen Cummings, Germano, Hendershot, Janvary, Susin end Ward. NA YE: Aldermen Cowan, Fisher, Or/, P~tt~k, and She/or. Mr. Allan McKenzle - Preddent, Information Niagara - Mr. McKenz[e stated Information N/agora had been in operation since 1974, linking people to services. Mr, McKenzie indicated the services are geared to the individuals who ere not familiar with government procedures at all three lave/s; are not articulate in the English or French language; do not readily approach government officials and are at the lower efid of the household income scale. Mr. McKenzie stated the Region of Niagara had indicated to fund ~5,225 end that in preparing the 1992 budget, they are looking for $72, I45 from the municipalities excluding the Region and that ~34, 115 had been requested from Niagara Falls. Mr. McKenzie indicated that if the grant was eliminated the Board of Directors would have to take a serious look at cutting programs; operating as a full and proper information sezvice or providing a partial service and may have to consider using reserve funds. ORDERED on the motion of Alderman Hende/shot, seconded by Alderman Germano, that the recommendation of the Grants Review Committee 1o provide a grant of $ 25,000 to Information Niagara be apptoved. The motion Carried with Aldermen Janvary and Or/voting contrary to the motion and with all others voting in favour. Me. Leslie Warrife/, President, Social Planning Council, discussed needs identification, which included eml~loyment, housing, youth, immigrant settlement. Ms. Warriner indicated that a large portion of the Council'a activities consist of conducting research which provides an opportunity to develop an overall understand/nO of the quality of life within the community; some of the organizations involved are Meals on Wheels, Chair-A-Van, Dr. Finnegan's Daycare; the Social PlannifiO Council provides information to government agencies and to all levels of government. His Worship Mayor Thomson requested whether the Social Planning Council could provide an ann evaluation of some of the egeficies be/nO funded by the municipality. His Worship etated that as the functions of some groups ere expanding could there be a teevaluation of where there can be cost savings and reductions through overlapping and duplication of services. Ms. Leslie Wart/her responded that specifics of the Social Planning Council would have to be reviewed by their Board. - AND - Communication #50 - East Niagara Housing Authority. Re: Social P/ann/fig Councg. The communication expresses the views of the East Niagara Housing Authority regarding the cuts to the Social Planning Council and refers to the duplication of services. -AND - Communication #51 - Mrs. Florence Sandercock - Re: Social Planning Council. The communication expresses support for the Social P/ann/fig Council and indicates dismay at the severe cut to the funding. - AND - The following communications express support for the Social Planning Council: Communication #5 IA - Canadian Mental Health Association; Communication #518- Family and Children's Services; Communication #5tC - Volunteer Bureau; Communication #51D - United Way of Niagara Falls; Communication 851E - Information Niagara; Communication #51F - Project S.H.A.E E.; Communication #51G - Christ/he Hempson, Brock UniversitW Communication #5 t H - Ontario Social Development Council; Communication #511 - Gary Basket, Martin, Sheppard & Fraser; Communication #51J- Amy Bignuculo, Quality/nn Fallsview; Communication #52A - Youth & Community Employment Services; Communication #52B - N/agora Falls Big Brothers; Communication 852C - John Howard SocietW Communication #52D - The Niagara Alcohol & Drug Assessment Service; Communication #52E- Volunteer Bureau; Commun/cation #52F- Y.W.C.A.; -AND - Communication 53A - information Niagara; Communication 53B - Niagara Inter-Church Refugee Committee; Communication 53C- immigrant & Refugee Women of Niagara Region; Communication 53D - Project S.H.A.R.E.; Communication 53E- Regional Niagara; Communication 53F - Niagara Women in Crisis; Communication 54 - N- Tec/NRWC. ORDERED on the motion of Janvary, seconded by Alderman Cummings, that the communications be received and filed. Carried Unanimously. ORDERED on the motion of A/de/man Cummings, seconded by Alderman Ward, that the recommendation of the Grant Review Committee to provide a grant of ~100,000 be adopted. The motion Carried with the following vote: AYE: Aldermen Craitor, Cummings, Fisher, Janvary, Hendershot, Ward and Mayor Thomson. NA YE: Alderman Cowan, Germgag, O/r, Puttick, Susin, and She/a/. Project S.H.A.R.E. ORDERED on the motion of Alderman Jan vary, seconded by Alderman Hende/shot, that the matter be tabled until the next cound meeting. Carried Unanimously. Grants Review Committee RecommendabOrts ORDERED on the motion of Alderman Headershot, seconded by Alderman Ward the recommendations of the Grants Review Committee for the following be approved: Lundy's lane Historical Society in the amount of ~500.00; Niagara Women/n Crisis in the amoufit of ~20,000; N/agora Falls Visitor & Convent/on Bureau in the amount of ~25,000; the Greater Niagara Safety Council/n the amount of ~2,000. Carried Unanimously, ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the recommendations of the Grants Review Committee to eliminate the grant to Pitch-in-Ontario/n the amount of ~900.00 be approved. The mot/on Carried with Alderman Janvary voting contrary to the mot/on arid with all others voting in fevour. COMMUNICATIONS No. 55 - City of Niagara Falls Non-Profit Housing Corporation - Re: Resolution. The communication requests that a resolution be sent to the Federal & Provincial Governments indicating the community would be better served jf funding agencies paid special attention to the locations of future proposals for funded housing developments. ORDERED on the mot/on of Aldermen Ward, seconded by Alderman Janvary, that the report be received and filed and further that a resolution be prepared. Carried Unenimoud.~. -6- No. 56 - Niagara, Public Works Department - Re: Appointment. The communication requests that Council appoint a City Alderman to the Study Advisory Committee for the Long Term Sewage Treatment Needs Study for the Central part of Niagara Region. ORDERED on the motion of Alderman Germano, seconded by Alderman Hendershot, that Alderman Susin be appointed to the Study Advisory Committee. Carried Unanimously. 57 - Niagara Promotion Assodation - Re: Canada Blossom Festival The communication requests peNnmission to hold the 33rd Annual Niagara Falls Canada Blossom Festival Parade on Saturday, May 9th, 1992 at 10:00 a.m. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be approved /n principle, with a report back from staff. Carried Unanimously, No. 58 - City of Niagara Falls Non-Profit Housing Corporation - Re: Appointment. The communication requests the appointment of an additional citizen member to the Board. ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that Alderman Buck Hinsperger be appointed to the Board. Carried Unanimously. No. 59 - Czechoslovak Assodation of Canada - Re: City Twinning. The communication requests a project twinning Czech and Slovak towns and cities with Canadian counterparts. ORDERED on the motion of Alderman Jan vary, seconded by AIderman Hendershot, that the matter be referred to the Civic Committee. Carried Unanimously. No. 60 - Rite Notte, Chairperson, Community Involvement Sub-committee, Ontario Day Committee - Re: Canada Day. The communication requests the formation of an organizing committee for the celebration of the 125th Anniversary of Canada. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the matter be referred to the Civic Committee. Carried Unanimously. It was noted that a meeting was scheduled for March 1 I, 1992 at 6:30 p.m. in Council Chambers. No. 61 - City of Cornwaft - Re: Pay Equity Program and Arbitration Awards. The communication requests Council to endorse a resolution on pay equity and arbitration awards and that the resolution be forwarded to the Premier and the local M.P.P. ORDERED on the motion of alderman Puttick, seconded by Alderman Cummings, that the request be received and adopted. Carried Unanimously. No. 62 - Ontario Soft Drink Assodation IOSDA) - Re: Resolution. The communication requests that Council support a resolution for waste minimization. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the matter be referred to the Waste Management Sub-committee. Carried Unenimouslv. REPORTS MW-92-34 - Chief Administrative Officer - Re: Tourism Map Copyright and Distribution. The report recommends the following: I) That Frank Monteleone (Copyright Lawyer), be authorized to prepare and file the necessary documents to formalize the copyright on the "New Tour/am Map" in both Canada and the United States, at an estimated cost of ;~200.00; 2) That the Mayor and Clerk be authorized to execute all required documents; 3) That members be appointed for the formation of a small working group (Sub.committee) to determine future distribution and publication of the Tourism Map made up of Alderman Ed Sherar, Chairperson, Alderman Pat Cummings; Two Visitor (~nd Convention Bureau Members and Mr. George Bailey, Niagara Parks Commission. ORDERED on the motion of Alderman Sherat, seconded by Alderman Janvary, that the report be received and edopted. Carried UnanimousIv. MW.92-36- Chief Admlnlatrative Officer- Re: Contract 91-I07, Storm & Sanitary Sewer Watermain & Road Rehabilitation on McDougall, College & Cookman Crescents. The report recommends the following: l ) That the by-law appearing on tonight's agende be passed, authorizing the temporary road closure of McDougall, Cookman and College Crescents, commencing on March 2, 1992 for · time period is reouired to allow construction to progress expediouslyi - 7- That the unit prices submitted by the low tendeter, DeRose Bros. General Contracting Ltd. be accepted and the contract awarded to this firm subject to the above temporary road closure being approved; 3) That ~30,000 be authorized for inclusion in the subsidized roadway account 416 of the 1992 Operating Budget, prior to Council's approval of that budget, for the reconstruction of that portion of College Crescent between McDougall Crescent and Eastwood Crescent. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See Bv-law Nos. 92-38. and 92-39 MW-92-37 - Municipal Works Committee - Re: Purchase of Street Poles for Road Reconstruction on Centre Street. The report recommends that the decorative street light poles required for installation on Centre Street as part of the "Decorative Streetscape Upgrade Design" be ordered from StressCrete L/m/ted at a total estimated cost, including P.S.T. and G.S.T. of ~ 18,202.20. ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried (/nanimouslv. RA TIFICA TION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Cummings, that the following actions taken by the Municipal Works Committee, earlier this evening, be approved. 1i MW-92-31 - That Alderman Paisley Janvary and Alderman Bruce Cowan be appointed to serve on the re-established Waste Management Sub Committee. 2) MW-92-26 - That this report be received and filed for/nformat/on. 3) MW-92-27 - That this project go out to public tender. 4) MW-92-30 - That the existing City Float be refurbished with a report prepared respecting all related costs for refurb/shing and providing a schedule for part/c/pat/on of the City Float in Parade Events. It was also noted that the refurbishing be done on straight time and not overt/me to save money in this regard. Carried UnanimousIv. B-92-04 - Chief Administrative Officer - Re: Illegal Signs. The report recommends that this report be received for the information of Council. ORDERED on the motion of Cummings, seconded by Alderman Hendershot, that the report be received and filed, and further that comments be referred to staff to indicate that concerns expressed referred to signs on public not private property. Carried Unanimouilv. B-92-07 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for January, 1992. The report recommends that this report be received and filed. ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed. Carried UnanimousIv. B.92-12 - Chief Administrative Officer - Re: Stamford Arena Improvements. The report recommends that staff respectfully requests direction from Council with regard to act/on in response to the following: 1) A new heating system; 2) The replacement of the Low Emissiv/ty Ca/I/rig System. ORDERED on the mot/on of Alderman Puttick, seconded by Alderman Germano, to approve the heating system for zones 2 and 3; and further that staff contact ceiling system supplier to obtain · better price and report back to Council. Carried Unanimously. F.92.09 . Chief Admlnlatrative Officer - Re: Rating By.law for Debenture Issue. The rel~ort recommends that Council pass the by-law appearing on this evening's agenda that will provide for the levying of rates to pay the principal end interest charges on the ~2,290,000 debenture issue dated January 4, 1991. · . I -8- ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed. The motion C~rried with Alderman Susin declaring a conflict of interest previously recorded, and with all others voting in favour. See Bv-law No. 92-36 F-92-I0 - Chlef Adminlstrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling ~596, 735. 78 for the period ending February 17, 1992 be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 75535, 75600, 75629. It was indicated that the Chief Administratlve Officer would be made aware to put a hold on purchases, until budget deliberations. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 92-43 It was moved by Alderman Ward, seconded by Alderman Hendershot, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. RA TIFICA TION OF FINANCE COMMITTEE ACTIONS: ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following actions taken by the Finance Committee, earlier this evening, be approved. 1) That the statement of Remuneration & Expenses for Members of Council, Committee of Adjustments & Recreation Commission be received and filed. 21 That the Statement of Taxes Receivable at January 31, 1992 be received and filed. 3) That the Economic Development Agency 1992 budget be approved. Carried Unanimously. CD-92-15 - Chief Admlnietrative Officer - Re: Seatbelts on Buses. The report recommends that the background attached to this report be received and filed for information. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings that the report be deferred until Mrs. Stephenson is notified and requested to attend the next Council meeting. Carried Unanimously. CD-92.17 - Chief Admlnlstra~ve Officer - Re: Application for Llcence to Sell Break-Open (Nevada/ Tickets Chippawa Volunteer Firefighters Association. The report recommends that Council maintain the policy adopted at the meeting of August 17, 1987 to not grant an exemption under Sections 3, 4(b) and 17(El of the terms and conditions under which a break-open (nevada/ticket Iicence is issued. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the matter'be deferred for two weeks with report from staff. The motion Carried with Alderman Janvary voting contrary to the motion and with all others voting in favour. CD-92.18 - Chief Admlnlstra#ve Officer - Re: Bingo Operations in Niagara Falls. The report recommends that the contents of this report be received end filed for information purposes. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the report be received and filed. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest, because he belongs to an organization that conducta blngos and with all others voting in fayour. -9- CD-92-19 - Chief Administrative Officer - Re: AM2/91, Restricted Area By-law 92-07, Kingsbridge Inn, Corner Lamont and Main Street. The report recommends that Council reaffirm its approval of by-law 92-07, in order that the Clerk may notify the Ontario Municipal Board at the same t/me as he forwards the By-law and letter of objection to the Board. ORDERED on the motion of AIderman Cowan, seconded by Alderman Ward, that the report be received and filed and further that a letter withdrawing objection was received. Carried Unanimously S-92-10, - Chief Administrative Officer - Re: Resale of Lots 18 & 19, Registered Plan No. M-67 Falls Industrial Park Extension Don Murie Street. The report recommends that Council approve the by-law on this evenings agenda to authorize the City to enter into an agreement respecting the resale of lots 18 and 19 on registered Plan iVo. M-67 to 954523 Ontario I/m/ted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that the report be received and adopted. The motion C~rriCd 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. 92-42 RATIFICATION OF COMMITTEE OF THE WHOLE ITEMS ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the following action taken by Committee of the Whole, earlier this evening, be approved. 1/ That a new position, namely "Assistant City Sol/c/tot" be created and that Henry R. Wei/enmann be appointed to the position of Assistant City Solicitor at Salary Grade 1 I, and the position of Deputy City Solicitor shall remain vacant for SO long as the position of Assistant City Solicitor is filled. The motion Carried with Alderman Cummings voting contrary to the motion and with all others voting in favour. RESOLUTIONS No. 08 - WARD - 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 1992, for public transportation in the amount of ~461,250.00 for the Capital Assistance programme; and in the amount of ~ 762, 730. O0 for the Transit Operating Assistance Programme; AND the Seal of the Corporation be hereto affixed. Carried Unanim(;usly. No. 09 - WARD - COWAN - RESOLVED that pursuant ~o 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 1992, in the amount of $44,400.00 for Capital; and in the amount of $86,525.00 for Operating; AND the Seal of the Corporation be hereto affixed. Carried Unanimo(~ly. No. 10 - WARD - COWAN - RESOLVED that Council supports and encourages the maintenance of General Motors St. Catharines facilities; AND the Seal of the Corporation be hereto affixed. Carried Unanlmou~/y. No. 11 - WARD - COWAN - RESOLVED that a message of condolence be forwarded to the family of the late Donald Cameron, brother of Jeanne Cameron Fry, former Secretary to the City Council; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 12 - WARD - COWAN - RESOLVED that the prices submitted by the low tendeter, DeRose Bros. General Contracting Ltd. be accepted and that Contract 9 I-I 07 be awarded to this firm subject to the temporary road closure being approved. - 10- - 11- BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read · first time: 92-36 A by-law to provide for the levy rates to pay the principal and interest on debentures of The Regional Municipality and the principal amount of ~ 2,290,000.00 issued for the purposes of The Corporation of the City of N/agate Falls. 92-37 A by-law to designate certain land not to be subject to part lot control. 92-38 A by-law to temporarily close part of McDougall Crescent, Cookman Crescent and College Crescent. 92-39 A by-taw to authorize the execution of an agreement with DeRose Eros. General Contracting Ltd. for storm and sanitary sewer, watermain and road reconstruction on McDougall Crescent, College Crescent and Cookmen Crescent. 92-40 A by-law to authorize the conveyance of land to River Realty Development (1976) Inc. exchange for an easement in favOur of The Corporation of the City of Niagara Falls over the same land. 92-41 A b y-law to amend By-law No. 79-200, as amended. 92-42 A by-law to authorize an agreement with 333483 Ontario Limited and 954523 Ontario Limited respecting the resale of Lots f8 and 19, Registered Plan M-67 (Falls industrial Park Extension). 92-43 A by-law to authorize the payment of ~596,735.78 for General Purposes. (February f7, 1992). The motion Carried with Alderman Susin abstain/fig from the vote on a conflict of interest previously recorded on By-law Nos. 92-36 and 92-42 and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by- laws be now read a second and third time: 92-36 A by-law to provide for the levy rates to pay the 13rincipal and/riterest on debentures of The Regional Municipality and the principal amount of ~2,290,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. 92-37 A by-law to designate certain land not to be subject to part lot control 92-38 A by-law to temporarily close part of McDougall Crescent, Coolsman Crescent and College Crescent. 92-39 A by-law to authorize the execution of an agreement with DeRose Bros. General Contract/nO Ltd. for storm and sanitary sewer, watermain and road reconstruction on McDougall Crescent, College Crescent and Cookman Crescent. 92.40 A by-law to authorize the conveyance of land to River Realty Development (1976I Inc. in exchange for an easement in favour of The Corporation of the City of Niagara Falls over the same land. 92-4 1 A by-law to amend By-low No. 7B-200, as amended. 92-42 A by-law to authorize en agreement with 333483 Ontario Limited and 954523 Ontario Limited respecting the resale of Lots t S and ~ 9, Registered Plan M-67 (Falls Industrial Park Extension). 92-43 A by-law to authorize the paymerit of ~596, 735. 78 for General Purl~oses, (February 17, ~992). The motiofi Carried with Aldermarl Susin abstaining from the vote on a conflict of interest previously recorded on By.law Nos. 92.36 end 92-42 end with ell othere voting in fayour. NEW BUSINESS Zundv's Lane Museum Alderman Fisher referred to · pleasant and enjoyable visit that had taken place on Saturday, February 15, 1992, to the Lundy's Lane Museum and indicated that His Worship Mayor Thomson had a lot of input into Museum. Alderman Fisher indicated this week was Heritage Week and that/t should be promoted. AMq Alderman Puttick stated that he had been appointed to AMO committee and requested that his name be placed on list to attend conferences and conventions. Alderman Puttick referred to editorials in the Review regardt};g members of Council attending conferences. Massare of Condolence ORDERED on the mot/on of Alderman GermenD, seconded by Alderman Hendershot, that a letter of condolence be sent to the family of Ted Krasowski on the recent loss of his father, Theodor Krasowski. Carried Unanimously. Royal Visit His Worship Mayor Thomson referred to an invitation that has been extended to Her Royal Highness Queen Elizabeth fl to v/sl~ Niagara Falls. General Motors His Worship Mayor Thomson referred to the G.M. resolution and indicated that a letter had been sent to the Mayor Joe McCaffery and a meeting with Margaret Herrington would be scheduled to discuss the matter of sav/n~ jobs. Junior A Franchise Alderman Cummings referred to informal meeting on Saturday, February 15, 1992 regard/nO keep/nO the Junior A Hoc/~ey team in Niagara Fails. Alderman Cumm/ngs indicated that the hoc/~ey team is an image to Niagara Falls, part of the fabric of the City. His Worship Mayor Thomson stated that the residents should get behind the team, and buy season tickets to the games. Pirates His Worship Mayor Thomson stated a letter would be sent to the Mayor of Wd/and and the owner of the P/rates team, requesting the reconsiderat/on of a veto for the team coming to Niagara Falls. It was moved by Alderman Cummings, seconded by Alderman Jar/vary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON ~ch red of · ed , nt ~0 ~t TENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 February 24, 1992 an. The Week". Council met on Monday, February 24, 1992 at 7:15 p.m., in Committee of the Whole. All members, with the exception of AIderman Puttick who was away on City business, and Alderman Ward who was on vacation, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, c MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers February 24, 1992 Council met on Monday, February 24, 1992, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of AIderman Puttick who was away on business, and Alderman Ward, who was on vacation, were present. His Worship Mayor Thomson presided as Chairman. Alderman Susin offered the Opening Prayer. tuest b~ ;onings. ~proach dew of ;e Map ~ferred iagara /nittee on b~ ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that the minutes of February 17, 1992 be Tabled to the next Council meeting. Carried Unanimously. WELCOME His Worship Mayor Thomson welcomed the 6th Niagara Falls Boy Scouts, who were accompanied by their leaders, Dave D'Orsay, Wally Cutts, Doug Coppel and Andrew McMeekin who were attending Council as part of the requirements of their Citizenship Badges. CONFLICTS OF INTEREST Alderman Cummings declared a conflict of interest on the Ratification of Finance Committee Actions regarding the grant to the Stamford Volunteer Firefighters, because he is a member of the organization. OEPUTA TION$ Miss Jean Grandoni addressed Council, with the use of posted maps, and referred to the Land use Schedule from the City's Draft Official Plan. Miss Grandoni expressed concern regarding modifications to the agricultural mapping. Miss Grandoni referred to soil and climate studies, the W-5-2 Tributary of the Shriners Creek area and the flood plain as not complying with the Federal Fish Act; and silt control legislation. :/nent ~ 30 ', and City ived that tbe 3118 ng ng 4 -2 - -3- The Deputy Director of Planning advised that a report addressing Miss Grandon/'s concerns would be forthcoming from the City Planners within the next two to three weeks. His Worship Mayor Thomson thanked Miss Grandon/ for her presentation. ORDERED on the motion o/Alderman Cummings, seconded by Alderman Fisher, that Mrs. Florence Sandercock be permitted to address Council. Carried Unanimously. Mrs. Florence Sanderoock, addressed Council regarding Project S.H.A.R.E. and indicated that there are hungry and homeless people in the community, who no longer have a family unit or neighbours for support and that Project S.H.A.R.E. with 400 volunteers to help with food drives are the support within the community, and requested that Council consider the grant request of $ 68, 644. 00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the grant request of ~68,644.00 be approved. The motion Carried with the following vote: AYE: Aldermen Craitor, Cummings, Fisher, Germane, Hendershot, Janvary, and Sherat. NAYE: Aldermen Cowan, Orr and Susin. COMMUNICATION$ Communication No. 63- Town of Lincoln - re: Resolution. The communication requests that Council endorse the resolution supporting social assistance, but that the municipality is opposed to the October, 1991 leg/s/at/on, and further that the Council requests that the Government of Ontario immediately review and amend its regulations respecting general welfare assistance. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that Council is supportive of the resolution. Carried Unanimously, Communication No. 64 - The Corporation of the City of Windsor - Re: Resolution. The communication requests that Council endorse the resolution and pass a by-law to control the use of train whistles at fully protected crossings; and that the Minister, Transport Canada and the Federation of Canadian Municipalities be advised of Council's position. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. CommunicatiOn No. 65 - The Corpora~on of the City of North York - Re: Resolution. The communication requests that Council support the request to the Province to reverse its decision respecting its funding to the Credit Counselling Services/n Ontario. ORDERED on the motion o/Alderman Cowan, seconded by Alderman Hendershot, that the communication be received and filed. The motion Carried with Alderman Off voting contrary to the motion and with a// others voting in favour. Communication No. 66 - City of St. Cethadnee - Re: Resolution. The communication requests Council's support respecting arbitration award to Fire Fighters runs arbitrary to government policy, and further that the government of Ontario establish guidelines for arbitrators that will limit their ability to award inf/ationary settlements, ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that Council is supportive of the resolution subject to the deletion of Mr. Kevin Burkett's name from the resolution. The motion Carried with Alderman Hendershot voting contrary to the motion and with all others voting in fayour. Communication No. 67 - The Corperatlon of the Township of Colchester North - Re: Resolution. The communication requests Council's support respecting the abandonment of all new social initiative programs, new commissions, new agencies and proposed legislation until such time as the Province recovers from initiatives that will help the economic recovery of the Province. ORDERED on the motion of Alderman Orr, seconded by Alderman Susln, that Council is supportive of the reso/ution. Carried Unanimously. Communication No. 68 - The Royal Canadian Naval Association, Niagara Region - Re: Proclamation. The communication requests that Counc// proclaim April 27th to May 3rd, 1992 "BatHe of the At/antic Week~ and that the White Ensign Itraditiona/ Navy Flag) be f/own over City Hall during that time. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be approved subject to established policy. Carded Unanimously. Communication No. 69 - PRW Excavating Contractors Ltd. - Re: Concerns of harassment during the demerit/on of the King Edward Hotel. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cra/tor, that the communication be referred to staff and to Municipal Works. Carried UnanimouSly. Commun/catlon No. 70 - Rexanne Felice, Project SHARE - Re: Proclamation. The communication requests that Council proclaim Tuesday, March 17, 1992 as "Share Your Lunch Day'. ORDERED on the motion o/Alderman Cummings, seconded by Alderman Shetar, that the request be approved subject to established policy. Carried Unanimously. Communication No. 71 - Occupation Help & Oevdopment Centre - Re: Concerns regarding information provided to Council with respect to the Social Planning Council, and duplication of services. A request by Mr./an Story of the Occupation Help & Development Centre to the withdrawal of the communication was not honoured. Alderman Orr responded to the correspondence and provided additional supporting information on the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed. Carried UnanimousIv. 9-92-11 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Add/t/on to 67 ! 4 Thorold Stone Road. The report recommends that Council approve the site D/an on display at tonight's meeting, being a proposed two family dwell/rig, and the Site Plan being drawing number ! of I, and filed with the Buildings and inspections Department of the City of Niagara Falls on December 10, 1991 and that such approval be subject to the conditions in the report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Sue/n, that the report be received and adopted. Carried UnanimousIv. B-92-13 - Chief Administrstfve Officer - Re: Stamford Memorial Arena Contract; Partial Installat/on of Radiant Tube Heating System. The report recommends that Council approve the by-law al2pearing on tonight's ageride authorizing an agreement between the City and Conway's Plumbing, Heating &Air Conditioning inc., for the installation of radiant tube heaters at Stamford MemoriM Arena. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carded UnanimousIv, ' MW-92.47 . Chief Administrative Officer - Re: Municipal Parking Committee Reports. The report recommends the following: lJ MW-92-24 - Proposed Perlo~lg Committee Restructunhg - (a) That all of the Parking & Traffic Committee members participate in the regular Process dealing with all Parking & Traffic and Transportation matters together for a six month trial basis; (bJ That two additional members be appointed from the private resident/a/sector. 2) MW-92-33 - Main Street et Ferry Street - Request for Designated Parldn$1 Stalls, ClBC - (a) That the first metered parking stall on the east of Main Street Just south of Ferry Street/Lundy's Lane be designated handicapped parking with appropriate signs month trial basis and be strictly enforced; for a six ation. The hip Week", request be Zonings. approach be referred Review of Base Map ~e telerred te Niagara -'ommittee /carton be apartment ~posed 30 andscape rviee and f the City - received ends that report be ns. The ,relations received trimage, Society, illowing icipating ,'ec~ived -4- -5- (b) That an Ad-hoc Committee be set up to review off-street parking near the intersection of Main Street and Ferry Street/Lundy's Lane. MW-92-28 - Municipal Parking Lot #16 (Niagara Falls Arena) - That the Niagara Falls Arena (Municipal Lot #16) continue to operate as a Municipal Parking Lot during the Tourist Season. MW-92-05 - Dunn Street Parking Prohibition Vidnity of Niagara College - (a) That Council agree in principle to prohibit parking at all times on both sides of Dunn Street between Allanthus Avenue and Orchard Avenue; (b) That City staff send a letter to the Niagara College President asking him to request students not to park adjacent to the school along Dunn Street due to the safety problems; (c) That the Region of Niagara investigate the need for warning signs indicating something to the effect "slippery conditions", due to the Falls mist; (d) That a copy of this report be forwarded to the Region of Niagara for their consideration. MW-92-29 - Ethel Street, Monterey Avenue Proposed Par~7)?g Restn~tion - [a) Parking be restricted on the south side of Ethd Street from Pitton Road to Kirkland Drive between the hours of 4:30 - 8:00 p.m. daily and at all times on Saturday and Sunday; [b) Parking be restricted on Monterey Street from Ethel Street to a point 22.0 m south between the hours of 4:30 - 8:00 p.m. daily and at all times on Saturday and Sunday. MW-92-21 - Casey Street Parking Prohibition - (a) That parking be prohibited on the south side of Casey Street from President Drive (east terminal) to a point 110 m easterly; (bJ That Building Department staff investigate the current parking requirements at 7030 Casey Street. B-92-08 - Parking Ticket Management System - That the Parking Committee endorse the purchase of a computerized Parking Ticket Management System at a cost of ~6,000.00 from McDonald Systems. Funds would be provided in 1992 Budget to be finalized at the March lOth Parking & Traffic Committee Meeting. B-92-05 - 1992/1993 Agreemeet with Canadian Corps of Commissionaires (Hamilton) - That the Canadian Corps of Commissionaires' request for a three percent increase be denied in accordance with the Council guidelines of zero percent budget increase. B-92-09 - Schod Cresaings - That a study be undertaken immediately to determine if all existing school crossings meet the criteria established for placing a Crossing Guard. I0. By-law Amendments - It is recommended that the by.law amending By-law 89-2000, (being a by-law regulating parking and traffic on City Roads), appearing later on tonight's agenda be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the recommendations be received and adopted with the deletion of Report 8-92-08 which is to be referred back to the Parking Committee; and further information to be provided on Report MW-92- 21. The motion Carried with Alderman Cummings opposed to Report MW-92-21 and with all' others voting in favour. See By-law No, 92-47 RA TIFICA T/ON OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. I) MW-92-41 - Niagara North Board of Waste Management; 2) MW-92-39 - Quotations for Home Cornposters; 3) MW-92-42 - 1991 Transportation Safety Association Awards; 4) Appointment of Alderman Fermino Susin to the Infrastructure Needs Study (INS) Steering Committee. 5) Kalar Road Pumping Station Tributary Sewer System Tendering Procedure. The motion Carried with Aldermen Cummings and Sherar declaring conflicts of interest on Report MW92-41 because their employer was involved and with all others voting in favour. F-92-11 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,041,779.32 for the period ending February 24, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 75703; 75705; 75715; 75731; 75758; 75763; 75767; 75770; 75782; 75800; 75806; 75807. Alderman Sherar requested further information on Cheque No. 75806, from Municipal Works. ORDERED on the motion of AIderman Hendershot, seconded by Alderman Janvary, that the report received and adopted. Carried Unanimously. See 8~ RA TIFICA TION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of AIderman /'lendershot, seconded by Alderman Fisher, that the actions taken on the following reports by the Finance Committee, earlier this evening, be approved. 1) That the Recreation Commission 1992 Budget of ~603,200 be approved as amended. 2) That the 4 grants discussed be approved. 3) That Mr. Herman Damore be granted an extension of time to pay the development charges, with respect to Marisa Subdivision. The motion Carried with Alderman Cummings abstaining from the vote on the Stamford Centre Volunteer Firefighters grant on a conflict of interest previously noted; Alderman Cowan voting contrary on the grants portion of the budget and with all others voting in favour. S-92-11 - Chief Administrative Officer - Re: Cherrywood Place Condominiums; Owners: Cherrywood Gardens Developments Ltd. The report recommends that Cherrywood Gardens Developments Ltd. be permitted to defer payment of development charges and other charges in the amount of ~24,200. OO for a period of up to six months, being August 24th, 1992 on cond/tion that the Owner enter into an agreement with the City, and further that the Owner file with the City an Irrevocable Letter of Credit in a form satisfactory to the City Solicitor in the amount of ~25,200, being the amount of the outstanding charges and estimated interest charges. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that the report be received and adopted as amended. Carried Unanimously. CD-92-20 - Chief Administrative Officer - Re: Market Value Reassessment Impact Study. The report recommends that Council advise Staff of dates which are suitable for the presentation of the Market Value Reassessment Impact Study. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that staff set up a special meeting of Council at the discretion of the Chief Administrative Officer. Carried UnanimousIv. -6- - 7- RESOLUTIONS No. 13 - CUMMINGS, SHERAR - 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 for Subsidy Funds in accordance with The Transportation and Highway Improvement Act in providing a public transportation service for physically disabled persons, for the year 1991, in the amount of ~1,332.00 (Capital); and in the amount of $4,435.00 (Operating); AND the Seal of the Corporation be hereto affixed. Carried Unanimously. B y-Ln W ~ 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: 92-44 A by-law to authorize the execution of an agreement with Cherrywood Gardens Developments Ltd. to defer payment of outstanding charges respecting Cherrywood Place Condominium subdivision. 9245 A by-law to authorize the execution of an agreement with Cherrywood Gardens Developments Ltd. respecting the proposed Cherrywood Place Condominium subdivision. 9246 A by-law to authorize the execution of an agreement with Conway Plumbing Heating & Air conditioning Inc. respecting Stamford memorial Arena. 9247 A by.law to amend By-law No. 8~-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 92-48 A by.law to authorize a release and abandonment of easement. 92-49 A by-law to authorize the execution of an agreement with Pathfinder Beverages Ltd. respecting a sponsorship agreement. 92-50 A by-law to authorize the execution of an agreement with Laidlaw Waste Systems Ltd. and The Corporation of the City of Niagara Falls respecting collection of solid waste from multi-family buildings. 92-51 A by-law to authorize the payment of $2,041,779.32 for General Purposes. (February 24, 1992). . Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the following by-laws be now read a second and third time: A by-law to authorize the execution of an agreement with Cherrywood Gardens Developments Ltd. to defer payment of outstanding charges respecting Cherrywood Place Condominium subdivision. 92-45 92-46 92.47 A by-law to authorize the execution of an agreement with Cherrywood Gardens Developments Ltd. respecting the proposed Cherrywood Place Condominium subdivision. A by.law to authorize the execution of an agreement with Conway Plumbing Heating & Air conditioning Inc. respecting Stamford memorial Arena. A by-law to amend By-law No. 89.2000, being a by.law to regulate parking and traffic on City Roads (Parking). 92-48 A by.law to authorize a release and abandonment of easement. 9249 A by-law to authorize the execution of an agreement with Pathfinder Beverages Ltd. respecting a sponsorship agreement. 92-50 92-51 A by-law to authorize the execution of an agreement with Laidlaw Waste Systems Ltd. and The Corporation of the City of Niagara Falls respecting collection of solid waste from multi-family buildings. A by-law to authorize the payment of $2,041,779.32 for General Purposes. (February 24, 1992l. Carried Unanimous/. NEW BUSINESS John MacDonald, Director of Parks and Recreation presented His Worship Mayor Thomson with an autographed picture by Mr. Boby CurtbiB in appreciation for the involvement/n the New Year's Eve celebrations and the Festival of Lights. Mayor Thomson stated that he had a meeting with representatives from the Visitor & Convention Bureau regarding the Festival of Lights 1992 and that it was indicated it would be a bigger and better event this year. His Worship stated that he wished to thank Mr. Boby Curtola on behalf of Council and the Mayor for his involvement/n the festivities. Wheelchair Ramz2S Alderman Cummings referred to wheelchair ramps and to no handicap parking near City Hall. ORDERED on the motion of Alderman Germano, seconded by Alderman Craitor, that the matter be referred to Public Works and staff regarding ramps to the rear of the building at City Hall. Carded Unanimously. Niaoara Falls Rinoette Alderman Cummings referred to the Niagara Falls Ringette Provincial playdowns in Thunder Bay and requested support from the Recreation Department. Keenlno Niagara Falls Thunder in Niagara Falls Alderman Cummings referred to Niagara Falls Thunder flyer that had been handed out outlining the different plans for obtaining seasons tickets. Mayor Thomson suggested that Council set an example by supporting the team by purchasing seasons tickets. Alderman Cummings referred to comments made on a local radio station regarding City bonus/rig to assist the hockey club, and he wished to dispel these rumours publicly that this was not the case. Schedule of Committee Meetlnos Alderman Cummings referred to Schedule of Committee meetings and requested that a report be g/van to Council to consider the set up and modifications to the meeting schedule. General Motors Alderman Cummings referred to the Genera/Motors news regarding plant closure and to the possibility of special considerations being given to the Oshawa facilities vs the St. Catharines facilities. - 8- Chil2oawa Arena Alderman Hendershot referred to community groups at the Chippawa arena having paid for heating and seating at the arena and then being requested to pay $1,000.00 for the logo on the Zamboni machine. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the Recreation Department look into the matter and report back to Council regarding the status. Carried Unanlmousiv. Draft Budoe~ The Chief Administrative Officer indicated that Monday, March 2, 1992 was being a/located for draft budget consideration, and that the meeting would commence at 4:30 p.m. It was moved by Alderman Janvary, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E. C. WAGG, CITY CLERK ELEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 March 9, 1992 Councll met on Monday, March 9, 1992 at 7:00p. m. in Committee of the Whole. All members of Council were present. Alderman Germano presided as Chairman. Following consideration of the/tern presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers March 9, 1992 Council met on Monday, March 9, 1992, at 7:30 p.m., for the purpose of considering Planning Matters and Regular Business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. CONFLICTS OF INTEREST Aldermen Janvary and Hendershot declared conflicts of interest on Cheque No. 75997, because the Board is their employer. REPORTS - PLANNING MATTERS PD-92-30 - Chief Administrative Officer - Re: Tourism Master Plan Study, City of Niagara Falls, File: OPR 90.02.04. The report recommends the following: I) That Report No. 4 of the Niagara Falls Tourism Master Plan Study, presented by Malone Given Parsons Ltd., be received by Council; 2) That the Tourism Master Plan be circulated to various agencies, boards, commissions, tour/st associations and be made available to the public for comment; 3) That staff be directed to prepare an amendment to the Official Plan and Zoning By-law and develop site design guidelines in consultation with the tourism plant operators and the public; 4) That the Ministry of Municipal Affairs and Ministry of Tourism & Recreation be so advised, together with a request for final payment of the study grant. 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 introduced Mr. Jim IGrk. of the consulting firm of Malone Given Parsons Ltd. who gave an overview of the recommended master plan report with the aid of slides. Mr. Kirk reviewed the issues of tour,sin strategy; goals and objectives of the of the tourism master plan; goals and development concepts for Niagara Falls; streetscap,rig and linkages; greening elements; central tour, sin districts roles and treatments; satellite districts roles and treatments. Mr. John Genest, Malone Given Persons Ltd. discussed the implementation activities, transportation systems, location of parking facilities, provisions for parking; implementat/on of responsibilities, roles, and tasks in overseeing the implementation of the Tour, am Master Plan. His Worship Mayor Thomson received a negative response to his request for comments or questions from persons in support or in opposition of the study. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to the Tour, am Master Plan Study closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the recommendations of the report be received and adopted, and that an additional recommendation be incorporated in the study that the transportation section be highlighted and forwarded to the Premier of Ontario and the Minister of Transport, Mr. Peter North, for their review and information. Carried Unanimously. CD-92-23 - Chief Administrative Officer - Re: Proposed Plan of Subdivision; River View Subdivision File No. 26T-91022; Owner: River Realty Development (1976) Inc., Group 2 Development Limited. The report recommends that the City Clerk be authorized to process the Application for the "River View" Subdivision and that a Report be prepared for Council's further consideration of the Plan based on technical information received, public input, etc. - AND - Communication No. 72 - Regional Niagara, Planning end Oevdopment Department - Re: Proposed River View Subdivision. The communication indicates as being received as an information item. Communication No. 73 - Mr. Cadtic E.E. Sienn, British High Commission, Ottawa - The communication expresses the intention to address Council regarding the potential development of the River View Subdivision. Communication No. 74 - Mr. Arsen Gadjan.an, The American Legion - The communication indicates the intention of addressing Council regarding the Battlefield of..Chippawa. Communication No. 75 - The Niagara Parks Commission - The communication indicates reluctance to sanction the proposed subdivision until the historical and archaeological significance of this site is determined by Environment Canada Parks Service and the Ministry of Culture and Communications. Communication No. 76 - City of Niagara Falls Benrd of Museums - The communication expresses strong opposition to the proposed Plan of Subdivision, known as River View Subdivision. Communication No. 77 - The Lundy's Lane Historical Sociaty- The communication expresses opposition to the proposed development. Communication No. 78 - Mr. Daniel McKnlght - The communication expresses concern and opposition to the proposal, and suggests that consideration be given to establishing a system of land use planning for the Battle of Chippaws area that follows a model similar to that instituted for the Gettysburg Battlefield Historic area. Communication No. 79A and 79B. David and Martha Owen - The communications express strong objections to the proposed development and provide a brief summary of the Battle of Chippaws. Communication No. 80 - Mr. Robert J. Foley - Chippaws Battlefield Committee - The communication indicates that a formal presentation will be made to Council in opposition to any development on the site. Communication No. 81 - Willoughby Historical Sodsty - The communication expresses strong objection to the proposed development on the battlefield of the Battle of Chippawa. Communication No. 82 - The Royal Canadian Legion. Ontario Provincial Command- The communication states as not being opposed, in principle, to the possible development of/and. but expresses concern that the remains may not have been removed, and requests that an archaeological assessment of the area be made, and until such time that assurances are received, support cannot be given to the proposed development. Communication No. 83 - Isabel Louise Hill. FredeiYcton. New Brunswick - The communication expresses concern regard/rig the proposed development on the site of the Eattie of Chippawa. Communication No. 84 - Lieutenant Colonel J.L. Wilson Smith, The Royal Scots - The communication expresses concerns regarding preservation of the site; if development occurs, that the remains be rein tarred in another location and a suitable memorial to the dead be erected at the expense of the developer. Communication No. 85 - Dr. D.K.R. Crosswell. National University of Singapore - The communication provides a brief history of the Battle of Chippawa and further suggests that a professional military historian be retained to perform a thorough document search. Communication No. 86- Six Nations Veterans Association - The communication expresses concerns regarding the proposed development on the site of the Battle of Chippawa. Communication No. 87 - Niagara County Legislature. St. & Youth Services Committee. Niagara Falls. New York - The communication is a resolution referring to the prevention of grave desecration on the Chippawa Battle field. Communication No. 88 - Mr. Paul J. Wintemute, Local Architectural Conservation Advisory Committee of Niagara Falls (LACAC) - The communication expresses objection to the proposed plan of subdivision known as River View Subdivision. Communication No. 89 - British Embassy, Washington. D.C. and corresponding letters from the Army Historical 8ranch, MOD; Royal British Legion; The King's Regiment; 15th/~gth The King's Royal Hussars; Canadian Scottish Regiments Trust. The communications express support in saving the Ch/ppawa battlefield and war-graves from commercial development. Communication No. 90 - The Board of Canadian Scottish Regimental Trustees - The communication requests that Council decline the proposed development and retain the site as a battle cemetery and further, if the development does go through that arrangements be made for the re-intemment of the fallen soldiers at a suitable s/re elsewhere and an appropriate memorial be installed commemorating these soldiers. Communication No. 91 - Mr. Robert FUttner, Canadian M/l/tory Heritage Sodsty - The communication expresses strong objections to the proposal. Communication No. 92 - Mr. D.A. Bucldey - The communication expresses strong concern regarding the loss of such a historic site and the destruction of the grave sites. His Worship Mayor Thomson declared the Public Meeting open and requested that the City Clerk read the recommendations of Report CD-92-23. The Clerk advised that the Notices of the ~PuT,blic Hearing had been advertised in the Niagara Falls Review on February 12, 1992 and February 1992. His Worship Mayor Thomson received indication that Mr. Stewart Branscombe, River Realty Development (~976) Inc. was/n 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 Deputy Clerk prior to leaving the meeting, ...4 -4- -5- His Worship Mayor Thomson welcomed and introduced Mr. Bob Foley, Chairman, Chippaws Battlefield Committee, who gave a brief history of the Chippawa Committee and its membership. Mr. Foley referred to a letter submitted by Mr. George Seibel, City of Niagara Falls Historian, expressing his support for the efforts being made by the Chippawa Battle Committee to preserve the battle site. Mr. Foley introduced Mr. Don Graves, Historian, who stated that his views were being expressed as that of a private citizen and were not the views of the Government or Department of National Defence. Mr. Graves provided a brief history of the battle and referred to the number of Canadians, British, Scottish, Americans and Native Warriors, believed to be buried on the Chippawa site. Mr. Wesley Turner, Professor History, Brock University discussed the historical importance and the educational value of the Battle of Chippawa. Mr. Turner referred to the site as being a unique cultural resource area which needed plaques and memorials commemorating the dead. Mr. Turner ~uggested that an information centre could be established on the site with school groups and group tours being conducted. Mr. Bob Foley indicated the property was a prime heritage site and that the committee wished to lobby with the various governments and to seek private means to purchase the property in an effort to preserve the site in its entirety. Mr. Foley stated the developer should receive the fair market value for the property. Lieutenant-Colond Cadtic E.E. Sloan, British High Commission requested that the dead be allowed to rest in peace and that no development should be allowed in their final resting place. Mr. Arsen Gaffjan/an, The American Legion stated that Canada is a free, independent sovereign nation and that Americans do not wish to dictate what Canadians should do with their war dead. Mr. Garijanian indicated that the American bodies should be protected, that there are laws to protect the remains and it was expected these laws would be obeyed. Mrs. Gall Staats, Mohawk Nation stated the message she was bringing from the Six Nations was that the bones should be left intact; that warriors had died for a cause and this should be respected. Mr. Joseph Hill, Six Nations Veterans Association expressed deep concern about the historic sites being destroyed, and stated the 6. 3 acres was sacred land and should no t be destroyed and requested that another site be found for a subdivision. Mr. Doug Anderson, Tuscarora Nation indicated that during the Battle of Chippaws there had been four nations involved and there were four nations involved again. Mr. Anderson stated that warriors had gone through certain ceremonial rites prior to going to battle, that it would be disrespectful if development occurred and requested that the graves not be desecrated. Mr. Dennis Carter-Edwards, Ontario Nistorfcal Society, stated that we must be sensitive and be respectful of burial grounds and indicated that the Chippaws battleground was the last remaining historical site in the Niagara Region and in all of Canada; that the site should be kept as a monument to all the combatants who fought in this conflict. Mr. Carter-Edwards stated that there is a need for an effective Heritage act which must be enforced and be consistent with the Planning and Cemeteries Act. Mr. William Jayne, Public and Consumer Affairs Service, National Cemetery System, U.S. Department of Veteran Affairs offered a brief summary of the National Cemetery System and advised that more than 50 U.S, soldiers and allied native American warriors were buried on the Battlefield of Chippaws. Mr. Jayne stated the National Cemetery System had a responsibility to ensure that their remains were treated with dignity and respect, and suggested that plaques could be provided to commemorate the rite where they are now buried. Mr. Bandy Sanderson stated that it was his feeling that the remains should not be disturbed and be treated with respect and dignity. Mr. Ken Hill, Six Nations Shonee Confederation informed that this was a historic site and was not to be disturbed. Mr. Hill stated that the Confederation would be agreeable to work with any group that was willing to develop the area as an historical site. Mr. Stewart Branscombe, it, or Realty Development (1976) Inc. and Group 2 Development Limited, stated with the meetings that had been held with the Ministry of Culture and Communications and with Dr. Ron Williamson, President of Archaeological Services Inc. who headed the archaeological investigation and recovery at Snake Hill/n Fort Erie, and with the concerns that had been expressed at Council, there was a greater appreciation of the historical significance of the property. Mr. Branscombe informed it was not the intent/on, hope, or desire to misuse these/ands where such an important battle was fought, and that River Rea~y and Group 2 would we/come discussions with the various government and army off/c/a/s; and that in order for the historians and objectors to get what they want, a purchase of the/ands at a fair market value could be entertained. Mr. Branscombe stated that a committee could be set up, headed by Dr. Ron W////amson of Archaeological Services Inc. to receive comments from the appropriate governments, armies, agencies and local historians. Mr. Branscombe advised there was substance to what most of the objectors were concerned about and River Realty and Group 2 Development would like to give them and the appropriate agencies an opportunity to express their viewpoints to enable this matter to be resolved to everyone's satisfaction. It was noted that Aldermen Cummings and Fisher expressed an interest to serve on a preservation committee. Since no further comments were forthcoming, HIS Worship Mayor Thomson declared the Public Meeting with regard to Riverview subdivision closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the City of Niagara Falls opposes the development of the Chippaws Battlefield Site for residential purposes, denies the application and supports the land's preservation as an historical site; and that the City work with the developer and interested parties under the direction of Dr. Ron Williamson of Archaeological Services Inc., towards the u/t/mate acquisition and Preservation of the subject lands; and that these resolutions be forwarded to the appropriate Federal and Provincial agencies in order that the ultimate acquisition and preservation of these lands as an historical battlefield site and cemetery may be achieved. The mot/on Carried with Aldermen Germano and Puttick voting contrary to the motion and with all others voting in layout. His Worship Mayor Thomson declared a 10 minute adjournment at 9:30 p.m. Following the recess, Council reconvened at 9:40 p.m./n the Council Chambers. Alderman Fisher left the meeting due to illness. CD-92-22 - Chief Administrative Officer - Re: Proposed P/an of Subdivision; Country Rose Estates Owner: 942397 Ontario Inc., C.O.B, as Country Rose Estates; c/o Mr. D. Colangelo. The report recommends that the City Clerk be authorized to process the Application for the "Country Rose Estates" Subdivision and that a report be prepared for Council's further consideration of the Plan based on technical information received, public input, etc. His Worship Mayor Thomson declared the Public Meeting open, -6- - 7- His Worship Mayor Thomson received indication that Mr. Colangelo, Developer, was/n attendance, and received a negative response to his request for a show of hands by persons present who were interested in the application. His Worship Mayor Thomson received a negative response to his request for comments from persons in support or/n opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to CD-92-22, proposed plan of subdivision - Country Rose Estates closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimousIv. MISCELLANEOUS PLANNING MATTERS PD-92-31 -Chief Administrative Officer- Re: Official Plan Amendment Application No. 200; I-. Pingue, 6690 Montrose Road. The report recommends that the Ministry of Municipal Affairs be advised that the modifications proposed to Official Plan Amendment No. 200 are acceptable. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-92-34 - Chief Administrative Officer - Re: 1992 Work Program and budget for the Environmental Planning and Greening Committee. The report recommends that the attached report outlining the 1992 Work Program and Budget for the Environmental Planning & Greening Committee be received for information purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Jan vary, that the report be received and filed. Carried Unanimously. PD-92-35 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision; Frontenac Street Condominium, Part of Lots 6,7, 8 & 9; Registered Plan 246; File No. CD-91-002; Owner: Angelo Muraco. The report recommends that the Frontenac Street Condominium Subdivision be approved subject to the conditions of final approval for registration of this plan enumerated in this report. ORDERED On the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-92-37 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision; Meadowvale Drive Condetain/urn, Block B; Registered Plan 245; File No. CD-91-003; Owner: 4230 Meadowvale Realty Limited. The report recommends that the Meadowvale Drive Condominium Subdivision be approved subject to the conditions of final approval for registration of this plan enumerated in this report. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-92-38 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision; The CondorBuilding Condominium; Lots 3,4, 5 & 6; Plan 142; File No. CD-9I-OOI; Owner: Dosa Bros. Limited. The report recommends that the Condor Building Condominlum Subdivision be approved subject to the conditions of final approval for registration of this plan enumerated in this report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimousIv, PD-92'41- Chief Administrative Officer-Re:Alternate Member for Committee of Adjustment. The report recommends that the request of the Chairman of the Committee of Adjustment be considered and that the Mayor and one additional Council member be appointed to the Committee. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the Committee of Adjustment complement be increased to 7; and further, that Mayor Thomson and Alderman Cummings be appointed to the Committee of Adjustment to be ca/led upon when required. Carried UnanimousIv. REGULAR COUNCIL MATTERS ADOPTTON OF MINUTES ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the minutes of the Regular Meeting of February 17, 19~2 and February 24, I~92 be adopted as printed. Carried Unanimously. DEPUTATIONS PD-92-23 - Chief Administrative Officer- Re: Scott's Trailer Park, 8845 Lundy's Lane, Campark Resorts, 9387 Lundy's Lane, V/I/age on the Lane. His Worship Mayor Thomson requested that the recommendations of the report be read by the City Clerk which stated that it is recommended that Council deny the request for a change in licencing and that the development proceed through the normal Municipal approval process; the City C/ark a/so read the background of the report along with the legal opinion from the City Solicitor to the Manager Current Planning. Alderman Ward declared a conflict of interest because he owns property in the area and requested that he be excused from the meeting. Mr. Dante Marine///, Solicitor, was in attendance on behalf of the applicants. Mr. Mar/nail/ stated that the applicants are of the view there was a need for this type of development and were requesting that the licencing by-law pertal~/ng to campgrounds, be amended to permit occupying on acon,/nuous year round bas,s as opposed ,o s,, months occupancy as s,a,ed in Mr. Marine///introduced Mr. Peter Lesdow, Architect who stated there was a market need for affordable accommodations of this nature and presented a brief overview of the proposed development by way of posted sketches. Mr. Lesdow responded to questions regarding streetscap/ng, burruing for noise control, installation of skirting, meeting fire and building code standards, installation of new sewers. Mr. MarineIll advised that the vehicles were to be travel trailers or recreational vehicles as opposed to mobile homes arid responded to questions regarding existing units at the campground, impact on tax base. The City Solicitor indicated that the Proposal offended the current official plan, and that the developer should go through the proper planning process; that council cannot give/t's approval prior to having a public meeting and that the off/c/a/p/an must comply with predominate use of land. The Solicitor stated that these vehicles were not travel trailers and were not capable of being/icenced. The D/rector of Planning and Development indicated that the proposal should proceed through the proper planning process to allow for full public scrutiny. ORDERED on the mot/on of Alderman Orr, seconded by Alderman Germane, that the recommendat/on of the developer be accepted as submitted subject to site plan approval. The motion was Defeate(~ with the following vote: AYE: Aldermen Craitor, Germane and Orr. NA YE.. Aldermen Cummings, Cowan, Hendershot, Janvary, Puttick, Shetar, Susin. ##### -8- -9- It was moved by Alderman GermanD, seconded by Alderman Hendershot, that approval be granted to proceed past /1:00 p. m. Carried Unanimously. COMMUNICATION$ Communication No. 93 - Jeannette Hay, NatiOnal Director, "Say No to Drugs...say Yes to life" Campaign - The communication requests that Council proclaim March 13, 1992 as "L. Ron Hubbard Day ". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the communication be received and filed. The motion C~rri~d with Aldermen Cummings and Puttick voting contrary to the motion and with all others voting in favour. REPORTS RA TIFICA 110N OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. MW-92-40 - Complaint from J. Sauer regarding condition of Sherk Road, that the road base on Sherk Road from the Niagara Parks Commission lands to at least 400 metres westerly be upgraded to acceptable rural standards, subject to staff reviewing Mr. Sauer's request to extend the limits of the proposed road works; that certain roadside drainage works be carried out and that upon completion of the above work a tar and chip seal application be applied. MW-92-55 - Kalar Road Pumping Station Tributary Sewer System Analysis, that the Firm of Proctor & Redfern be awarded the above Study at a cost of ~34,295.00 excluding G.S.T. (The Municipal Works Committee directed that staff investigate the Policy to determine what the City's Policy is regard/rig G.S.T., i.e. is the G.S.T. included if/bids submitted). MW-92-53 - Request for Services for Household Hazardous Waste Days, that proposals be invited from Laidlaw Environmental Services Ltd. and Woodirigton Systems Inc. for Household Hazardous Waste Collection Events to be held at their facilities. A minimum of two events will be contracted for, with additional events possible if funds remain in the budget. MW-92418 - Oakwood Drive Sanitary Sewer Local Improvement Project, that the City approach the local property owners for input and request an additional $150, 000 in order to cover the extra costs in proceeding with this project ahead of the Business Park. MW-92-43 - Land(ill Credit and Security System, that the advisory report be received and filed for information. Compostera for Valley Way School, that Valley Way School be given a couple of compostera to be made available as soon as possible to replace the ones vandalized earlier this week, in return for their picking up litter for the City. Carried UnanimousIv. F-92-12 - Chief Adml~i~tratlve Officer - Re: Municipal Accounts. The reports recommends that the accounts totalling 850,237.63 for the period ending March 2, 1992 and accounts totalling $44f, 043,51 for the period end/fig March 9, ~992 be approved by the pa=sing of the by-laws appear/fig later of/the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. The motion r~ with Aldermen Hendershot and Janvary declaring conflicts of/riterest previously recorded and with all others voting in fayour. See Bv-law N0. 92-52. See~ey-law No. 92-53. R4 T/F/CA T/ON OF FINANCE COMMITTEE ACTIONS ORDERED on the mot/on of Alderman Janvary, seconded by Alderman Sherar, that the actions taken on the following reports by the Finance Committee, earlier this evening, be approved. Funding Request- Notre Dame College School for $I00 donation - that the request be denied. Kinsmen & Kinette Club of Canada for message-of-support ad per rates attached - that the request be received and f/led. Stamford Centre Volunteer Firefighters for Grant to pay for Facility Rental - that the Stamford Centre Volunteer Firefighters' request for a Grant to apply for Item ~ - $1,200.00;/tern 3 - $300.00 and Item 4 - for $500 - totalling $2,000 be considered by Council. Aldermen Cummings declared a conflict of interest regarding this matter. Report FC-92-08 - 1992 Current Budget Amendments - that the 1992 Current Budget Amendments be approved as submitted. Alderman Orr opposed to the Conferences and Conventions part of the mot/on. That Alderman Norm Puttick be appointed as Chairman of a two to three Group Committee to establish a definite format for the City of Niagara Falls in order that the City can be considered as a p/ace for future Conferences and Conventions. Mr. Bill irwin - that an amount of $~,000 be approved to be given to Mr. Bill Irwin, the current Canadian Boxing Champion, towards expenses related to ongoing training, to be aPproved before it appears on the Finance By-law. GermanD dec,areda conf, ic, of ,ritetea, because of ,nvo,vemen, w,,h Bo ing by a fami, y The mot/on Carried with Aldermen Cummings, Orr and GermanD abstaining from the vote on conflicts of/riterest previously indicated and with a// others voting in favour. CD-92-21 -Chief Administrative Officer- Re: Special Occasion Permit Niagara South No Hit Hockey League. The rePort recommends that Counci/ indicate it has no ob/ection to of a Special Occasion Permit to the organization listed in this Report. the issuance ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimousIv. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to/fitroduce the following by-laws, and the by-laws be read a first time: 92-52 A by-law to authorize the payment of $850,237.63 for general purposes (March 2, 1992). 92-53 A by. law to authorize the payment of ~44 ~,043.5 ~ general purposes (March 9, 1992J. Carr/ed~ - 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: 92-52 A by-law to authorize the payment of $850,237.63 for general purposes (March 2, 1992l. 92-53 A by-law to authorize the payment of $441,043.51 general purposes (March 9, 1992). Carried UnanimousIv. It was moved by Alderman Cummings, seconded by Alderman Hendershot, that the meeting adjourn. Carried UnanimousIv. READ AND ADOPTED, MAYOR WAYNE THOMSON SPECIAl MEETING Council Chambers March 12, 1992 Council met on Tuesday, March 12, 1992 at 4:30 p.m. to receive a presentation of the Region-Wide Market Value Re-Assessment Impact Study. Aldermen Cummings, Fisher, Germane, Sherar, Susin and Ward were in attendance. His Worship Mayor Thomson presided as Chairman. Market Value Assessment His Worship Mayor Thomson welcomed and introduced Mr. Terry Wilkes, the Regional Assessment Commissioner. Mr. Wilkes stated that the Director of Finance would provide some background information prior to his Presentation. The Director of Finance provided a brief summary of the procedure used to establish the Market Value Base and stated that 1988 had been the base year used for the 12 area municlpa/ities and from which Educational and Regional allocation of costs to be compared had been used. Mr. Wilkes stated that the Presentation had been Prepared by the Regional Council who wished to obtain proper input prior to making a decision on September 24, 1992, and indicated that the Presentation would identify the extent of existing inequities within the Region; would discuss the use of uniform m/l/rates to replace the complex procedures for apportioning region and school costs; would demonstrate that sireliar properties of equal market value wi// pay the same school taxes within each school board and the same regional taxes, regardless of/ocatlon within the Region; and would clarify the benefits of a more current assessment base year. Redon-Wide Assessment Mr. Wilkes referred to the Assessment by Property C/ass which corrects assessment inequ/ties by property class with the Region and indicated that the four main property c/asses are 1) Residential and Farm; 2) Multi-Residential; 3) Commercial; and 4) Industrial. Mr. Wilkes stated that since assessment unfairness is corrected within each property class, tax shifts from one property c/ass to another within the Region are prevented, but that some tax shifts will occur at the Municipal level due to the equalization of assessments by property class within the Region. Mr. Wilkes indicated that under the Region-W/de Assessment Program at Full Market Value all properties would be assessed and taxed at their fu// market value, and that the results of implementing a region-wide assessment are previewed through tax-impact studies; that property valuations reflect trends in the market, rather than the selling price of a property at a particular moment, if for example the base year for reassessment was 1988, then 1987 and 1989 sales would also be exam/ned. Mr. Wilkes stated that the market value assessment plan had three major benefits, they were fair, understandable and defensible. Mr. Wilkes discussed the various Public information Services that would be made available, first, an Assessment Notice, or a Notice of Property Valuation would be mailed to the property owners, advising them of the estimated market value of their property and of the new assessment and an explanation of the reassessment; by Newspaper Advertisements which would be placed in the daily and weekly newspapers advising owners of the reassessment; and by having Informat/on Open Houses,/n order for taxpayers to have the opportunity to discuss the assessed value of their property. Mr. Wilkes responded to questions regarding market trends; market value of properties; different levels of assessment for each municipality; commercial Prol~erties to be assessed by a comb/nat/on of cost and income; referred to Properties on Lundy's Lane and indicated that those properties which had been overtaxed would be decreased and those which had been undertaxed would be increased. -2- His Worship Mayor Thomson stated that the survey and regional-wide assessment program was a very important topic, and that the City of Niagara Falls supports Region-wide Assessment and expressed appreciation on behalf of the members of Council to Mr. Wilkes for his presentation. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the resolution regarding Region-wide Market Based Assessment be received and adopted. Carried Unanimously. RESOLUTION NO. 15(a) - tIENDERSHOT - WARD - WHEREAS the Council of the Corporation of the City of Niagara Falls at a public meeting to discuss region-Wide Market Based Assessment reviewed a presentation from the Regional Assessment Commissioner; AND as a result of the review, it can be determined that a more equitable and fair assessment across the Region can be achieved through Market Value Based Assessment by Property Class and; WHEREAS the City of Niagara Falls may be the beneficiary of a more fair system, where those other municipalities within regional Niagara currently do not have market Value Based Assessment by Property Class appear to be subsidized in part, by the municipality of Niagara Falls and; WHEREAS market Value Based Assessment by Property Class is deemed to be a more fair, understandable, equitable and defensible means of assessment for use in apportioning Regional and School costs. THEREFORE BE IT RESOLVED that the City of Niagara Falls Council endorses Region.wide Market Value Based Assessment by Property Class and that a Province-wide implementation of this system be initiated by the Provincial Government and that this resolution be forwarded to the Regional Assessment Commissioner, the Regional Municipality of Niagara, the Treasurer of Ontario, the Hon. Floyd LaughTen, for their support and endorsation. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, TWELFTH MEETING COMMITTEE OF THE WHOLE Committee Boom II 1 March 16, 1992 Council met on Monday, March 16, 1992 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception o/Alderman Puttick, who was on vacation, and Alderman Orr, who was away due to illness, were present. Alderman Craitor presided as Chairman. Following consideration of the/tern presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers March 16, 1992 Council met on Monday, March 16, 1992 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception o/Alderman Puttick, who was on vacation, andAlderman Orr, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Germano offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Sherar, that the minutes of the Planning Meeting of March 9, 1992 be adopted as amended. Carried UnanimouSly. CONFLICTS OF INTEREST Alderman Fisher declared a conflict of intersst on Report MW92-SB, Westmeadow Subdivision, because she has a business interest. Alderman Susin declared conflicts of interest on Report F92-13, Cheque No. 76214; Report 892-15; 892-18; By-law Nos. 91-301; 92-54; 92-64. Alderman Craitor declared a conflict of interest on Communication 5(a) and 5/b) because of the nature of his job. United Way Bronze Award PRESL:NTA TION$ Ms. Janle Stafford, Executive Director and Mrs. Nancy Eidt, 1992 Campaign Chairman, United · Way, Presented the United Way Bronze Award' to Mr. Ed Lust/g, Chief Administrative Officer, on behalf of the City employees. Mrs. Eidt thanked Laura Graham, Parks & Recreation and Brenda Maggs, Building & Inspections, and indicated that through their efforts over ~24,000 had been raised for the United Way. His Worship Mayor Thomson thanked and congratulated Mrs. Eidt and Ms. Stafford on behaff of Council for the work they do for the community. Canada's 125 Birthdav Alderman Gary Hendershot introduced Cynthia Roberts who presented a 10 minute video, entitled "Canada 1,2,5" in view of the 125th Birthday celebrations of Canada. Alderman Hendershot presented a flag to Mayor Thomson and the City, on behalf of the Canada 1,2,5 organization, which to be flown on the 125th Canada Day celebrations. It was suggested that an invitation be extended to the Mayor and City Council of Niagara Falls, New York to attend Canada's 125th birthday celebrations, which would also coincide with the City of Niagara Falls, New York, celebrating its lOOth anniversary. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that a letter of invitation be extended to the Mayor and City Council of Niagara Falls, New York to attend the Canada Day celebrations on July 1, 1992. Carried Unanimously. World Hockey Challenqe 1992 His Worship Mayor Thomson presented tokens of appreciation on behalf of Council and the citizens of Niagara Falls, to Ryan Tocher and Ethan Moreau, for their outstanding performance at the World Hockey Challenge 1992 in Sudbury. Mayor Thomson congratulated both members of the Niagara Falls Thunder team and stated that they were excellent ambassadors for the City of Niagara Falls. His Worship Mayor Thomson indicated he was very encouraged and positive with respect to the Niagara Falls Thunder meeting the objective of 1500 season ticket sales and urged that all members of Council and citizens purchase season tickets to show their support for the team. DEPUTATIONS Mr. E. Cummer, 8089 Portage Road addressed Council regarding the condition of the outside stairs of the building where he resides, and indicated they were unsafe and hazardous to walk on and that he had recently sustained serious injuries to his leg. Mr. Cummer stated that personnel from Property Standards Department had investigated the matter and which was not to his satisfaction. Mrs. Shirley Cummer addressed Council and requested that the landlord supply a new veranda, new stairs and railings to avoid further injuries. ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that the matter be referred to the Building & Inspections Department, that a report be brought back to Council on the status of the matter. Carried Unanimously. It was noted that Mr. Cummer be notified to attend the Council meeting and provide his views on the report. UNFINISHED BUSINESS Break-Open Tickets CD-92-f7 . Chief Administrative Officer - Application for Licerice to sell Break-Open (Nevada) Tickets; Chippawn Volunteer Firefighters Association. The report recommends that Council maintain the 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 licence is issued. ' The Lottery Licence inspector referred to the terms and conditions under which break-open ticket/icences are issued and responded to questions regarding the sale of Nevada tickets, and 3rd party locations. Following some discussion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the Chippawa Volunteer Firefighters Association be granted permission to sell Nevada tickets from the Chippawa House on a 6-month trial basis subject to the policy outlined in Report CD-92-24. The motion ~ with Alderman Janvary and Sherat voting contrary to the motion and with all others voting in favour. The Lottery Licence inspector asked members whether the six-month exemption was for the Chippawn Volunteer Firefighters Association only or whether it was an exemption for the whole Municipality. It was indicated that it was for the Chippawa Volunteer Firefighters only. CD-92-24- Chief Administrative Officer- Re: Municipal Policy Break-Open Ticket Licensees. The report recommends the following: I. That Council maintain its current policy of not permitting third party locations for the sale of Break-Open Tickets and the contents of this report be received for information Purposes. 2. That should Council decide to grant the third party location exemptions for the sale of Break- Open Tickets, that the contents of this report be adopted. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. The motion ~ with Alderman Sherat voting contrary to the motion and with all others voting in favour. CD-92-25. Chief Administrative Officer - Re: Draft terms and conditions respecting all lottery licences Ministry of Consumer and Commercial Relations. The report recommends the fo/Iowlng: 1. That Council endorse Staff's comments and concerns on the draft terms and conditions received from the Ministry of Consumer and Commercial Relations as the City's formal submission on this matter. 2. That a copy of this report be forwarded to the Ministry of Consumer and Commercial Relations. 3. That a copy of this report be sent to Mrs. Margaret Harrington, M.P.P. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that report be received and adopted. The motion r~u2Ej.~ with Alderman Sherat voting contrary to the motion and with all others voting in favour. CD-92-26 - Chief Administrative Officer - Re: Draft Policy Manual respecting all Lottery Licences Ministry of Consumer and Commercial Relations. The report recommends the following: 1. That Council endorse Staff's comments and concerns on the draft policy manual received from the Ministry of Consumer and Commercial Relations as the City's formal submission on this matter. 2. That a copy of this report be forwarded to the Ministry of Consumer and Commercial Relations. 3. That a copy of this report be sent to Mrs. Margaret Herrington, M.P.P. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and adopted. The motion ~ with Alderman Sherat voting contrary to the motion and with all others voting in favour. -4- COMMUNICATIONS Communication No. 94 - Mr. Jamestee, Pdndpal, Valley Way School- Re: Crossing Guard for Valley Way School. The communication indicates the necessity of a School Crossing Guard along with several signed petitions from parents and students expressing their views on the issue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the matter be referred to the Parking & Traffic Committee. Carried Unanimously. Communication No. 95(a) - Mrs. Ethd Cox - Re: Health Care. The communication expresses concern regarding layoffs, hospital bed closures. Communication No. 95(b) - Mrs. J. Badowsld - Re: Health Care. The communication expresses concern for health care in Ontario and the issue of accountability. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that Communications 95(aJ and 95(b) be received and filed for the information of Council. Carried Unanimously. Communication No. 95(c) - Mrs. Margaret Watson, 6563 Drummond Road- Re: Hospital layoffs. The communication requests that Council should be looking into the problems of hospital layoffs, cutbacks of hospital staff. Communication No. 95(d) - Wanda La Rush, 6222 P~e Grove Ave. - Re: Hospital layoffs. The communication refers to hospital layoffs being handled inefficiently and unwisely. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that Communications 95(c) and 95(d) be received and filed. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that Mr. John Carter, Greater Niagara General Hospital be invited to attend a Council meeting to address some of the concerns and issues regarding health care, hospital layoffs, and further that those individuals who had expressed their concerns by letter be notified of the meeting and that an advertisement be placed in the local paper informing the citizens of the upcoming meeting. Carried Unanimously. Communication No. 96 - City of Windsor - Re: Resolution. The communication requests that Council support a resolution to petition both Environment Canada and the Ontario Ministry of the Environment to commit their respective ministries to a tri-level cost-sharing strategy to meet infrastructure needs. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the resolution be supported. Carried Unanlmouslv. Communication No. 97 - Coalition for Gun Conlfol - Re: Financial support. The communication requests financial support in order to continue the work for more effective gun control. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. Communication No. 98[a) - City of Port Colborne - Re: Resolution. The communication requests that Council support the resolution advising the Province of Ontario of concerns respecting the proposed changes to the Labour Relations Act and petitions the Government of the Province of Ontario to withdraw the draft legislation. ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherat, that the resolution be endorsed. The motion F.E[.(¢~ with Alderman Craitor abstaining from the vote on a conflict of interest previously recorded and with all others voting in fevour. Communication No. 98(b). Town of Fort Erie - Re: Resolution. The communication requests that Council support the resolution in response to the proposed amendments to the Labour Relations Act. ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherar, that the resolution be endorsed. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously recorded end with ell others voting in favour. - 5- Communication No. 99 - City of Port Colborne - Re: Waste Reduction Office Initiative Paper No. I (Regulatory Measure to Achieve Ontario's Waste Reduction Targets). The communication advises that the City of Port Co/borne objects to the Proposed regu/atory measures outlined in the "Waste Reduction Office - Initiative Paper No. 1, entitled Regulatory Measures to Achieve Ontario's Waste Reduction Target~ until the Ministry has thoroughly reviewed the various implementation schedules and the financial impact on municipalities and the/.C.I. sector and has reviewed the same with all effected parties. ORDERED on the motion of Alderman Sus/n, seconded by Alderman Hendershot, that the communication be deferred until the matter has been reviewed regarding the financial impact on municipalities. Carried UnanimousIv. Communication No. 100 - Federation of Canadian Municipalities - Re: Affordability and Choice Today Program (A.C.T.). The communication provides information on the program, fact sheets on A.C. T. funded projects. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the matter be referred to Municipal staff and that a copy of the report be forwarded to a// local builders and developers for their input. Carried Unanimously. Communication No. 101 - Imigineen~g Limited. Re: Low Power broadcasting facility. The communication advises that an application has been made to the Department of Communications dcR sdi in gt , ravi i; ?, ,ca tions Comm iss ,on to cons tructane w ,o w po wet ORDERED on the motion of AIderman Germano, seconded by Alderman Fisher, that the matter be deferred for at/east one week or until the matter has been dealt with by the Parks Commission. Carried UnanimousIv. Communication No. 102 - City of Peterborough - Re: Resolution - The communication advises that the Council for the City of Peterborough had adopted the recommendation that the Solicitor General be petit/oned to amend the Fire Act to provide for the inclusion of a section in the Act which limits any increases to the municipal/ties ability to pay. ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the communication be received and filed. The motion r~Z[Z¢~ with Alderman Hendershot voting contrary to the motion and with all others voting/n fayour. Communication No. 103 - Mr. Michael AceU- Re: Committee of Adjustment. The communication expresses interest in being considered for an aPPointment as a citizen member of the Committee of Adjustment. ORDERED on the motion of Alderman Sherat, seconded by Alderman Fisher, that the communication be received and f/led; and further that Mr. Aceti be notified following discusdons with Mr. HinsperQer re~arding his Partic/pat/on. Carried Unanimously. B-92-10, Chief Administretive Officer- Re: 193~ Annual Permit Statistics Report, Buildings & Inspections. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and filed for informat/on. Carried Unan/mouslv. B-92-14 - Chief Administrative Officer - Re: The Buildings & inspections Department Report for February 1992. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be recdved and filed. Carried Unanimously. Alderman Cowan left the meeting. -6- B-92-15- Chief Administrative Officer- Re: Site Plan Approval; Proposed Kingdom Hall, 6457 Montrose Road; AM-23/gl, By-law 92-02; 92-03; Site Plan Control 92-02. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed church, and the Site Plan drawing number A- l, and the Landscape Plan being drawing Number I- I and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 24, 1992 and that such approval be subject to the conditions in the report. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in favour. 8-92-16 - Chief Administrative Officer - Re: Site Plan Approval Proposed Apartment and Townhouse Development N/E corner of McLeod Road & Kalar Road. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed apartment and townhouse, and the site plan being drawing number a-Or, and the Landscape Plan being drawing number A-04 and the Grading Plan being drawing number 90-070-G 1 and the Site Servicing Plan being drawing number 90-070-SI and the elevations plan being drawing number A-02 and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 25, 1992 and that such approval be subject to the conditions in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried UnanimousIv. B-92-17 - Chief Administrative Officer - Re: Arena Inspections. The report recommends that the quotation of ~5, 136. O0 submitted by Rhocan Engineering Associates Ltd. of Niagara Falls for the purpose of conducting structural engineering inspections of the City's four arenas be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the report be recelved and adopted. The motion Carried with AIdermen Cummings and Sherar declaring conflicts of interest because their employer was involved and with all others voting in favour. 8-92-18 - Chief Adminis£rative Officer - Re: Fir, hall Administration Building. The report recommends that Council approve the by-law appearing on tonight's agenda authorizing an agreement between Rison Construction and the City,- for the construction of a new Fir, hal/ Administration Building for the tendered price of ~473,275. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, 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. See Bv-law No. 92-54. MW~92'49- Cblef Administrative Officer- Re: Equipmen t Sale One f l ) Street Sweeper. The report recommends the following: I) That the offer from the Township of Brock for One (I/Street Sweeper, Unit #468, 1983 FMC Model 984, be accepted including necessary taxes for the total sum of ~9,095.00; 2l That the funds received be placed In the Equipment Reserve Account Ill 1439. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried UnanimousIv. MW-92-50 - Chief Administrative Officer - Re: 8y-law Revisions; Stop Control Installation at Beechwood Road and Nichols Lane and at Carlton Avenue and Spence Street, 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 later on tonight's agenda, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the feport be received and adopted. Carried Unanimously. MW-92-5 f - Chief Administrative Officer - Re: Contract 92-06, Tender for the Supply of Materials and Services for Pavement Markings. The report recommends the following: I) That the unit prices submitted by Provincial Maintenance be accepted and that this contract be awarded to same; - 7- 2) That Pre-budget approval for the amount of $51,020.81 to carry out the 1392 Pavement marking program be approved; 3) That the by-law appearing on tonight's council agenda be given the necessary reading to authorize the execution of the Tender for the Supply of Materials and Services for Pavement Markings. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See 8v-/aw No.92.62' MW-92-58- Chief Administrative Officer- Re: Easement through the Proposed Mar/sa Subdivision Gate/and Developments to the City of Niagara Falls. The report recommends that the by-law on ton/ght's agenda author/zing the granting of the sanitary and storm sewer easement by Gate/and Developments to the City of Niagara Fails be approved. ORDERED on the motion of Hendershot, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 92-55. 2~W-92-61 - Parlung and Traffic Committee - Re: Municipal Parking & Traffic Committee Reports: B-92-05 - 1992/1993 Agreement with Canadian Corps. of Commisslonaires; 2i Mob//Canteen Service - Municipal Lot #2B. The report recommends the following: I/B-92-05-1992/1993 Agreement with Canadian Corps. of Commissionaires (Hamilton/. That the Canadian Corps. of Commissionaires' request for a three percent increase be approved. 2l Mob//Canteen Service - Municipal Lot #28. That the request to rent a parking space, at the corner of Erie Avenue and Park Street in Municipal Parking Lot #2B, in order to operate a mobile canteen service, be denied. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of A/derman Cummings, seconded by Alderman Janvary, that the matter of operating the parldng lot at the Niagara Falls Arena be referred to the Parking and Traffic Committee. Carried Unanlmouslv. R-92-04 - Chief Administrative Officer - Re: Arena 8oard Advert/sing. The report recommends that the City of Niagara Falls enter into a three year agreement with Boardview Advertising Inc. for exclusive rights to erect and maintain a maximum of fourteen advert/sing signs along a portion of the arena board surfaces at each of Stamford, Jack Be//and Niagara South Arenas. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried UnanimousIv. R-92-06. Chief Administrative Officer - Re: Junior C Advertising. The report recommends that Council provide direction to staff regarding the recent sale of advertising space to the Junior C Hockey Club on the ice resurfacer at Niagara South Arena. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the contribution of $I,000.00 be reimbursed to the Junior C Hockey Club. Carried Unar~2.G~iZ~ P0-92-33, Chlef Administra~lve Officer - Re: City Concerns for Consideration by the Commission on Planning and Development Reform/n Ontario. The report recommends that this report be received and a copy be submitted to the Commission on Planning and Development reform/n Ontario for their consideration. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. -8- Report from the Economic Devdopment Agency - Re: Stanley/Swayze Property. The report recommends that Council list the 8.610 acre Stanley/Swayze Property with the Niagara Fdls/fort Erie Real Estate Board; that should Council decide to sell the property at this time, that an updated appraisal be obtained and that a covenant be placed on the property to include approval of the site plan prior to the final sale of the light industrial zoned property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. Report from the Economic Development Agency - Re: Appointment of Proposed EDA Board of Directors. The report recommends that Council approve the proposed names of potential board members as submitted by the Economic Development Agency. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanlmouslv. F-92-13 - Chief Administra~ve Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5, 145, 166. 79 for the period ending March 16, 1992, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Cummings, that the reportbereceivedandadopted. ThemotionCarriedwithAIdermanSusinabstainingfromthevote on a conflict of interest previously recorded, and with all others voting in favour. See 8v-law No. 92-64. S-92-12 - Chief Administrative Officer - Re: Release of Restrictive Covenant part I on Reference Plan 59R-255 t East Side of Kalar Road, North of Beaverdams Road. The report recommends that Council pass the by-law appearing on this evening's agenda to release the owner of Part I on Reference Plan 59R-2551 from the restrictive covenant set out in paragraph number 3 of an agreement registered as Instrument No. 324696 in exchange for the conveyance of parts 2 and 4 on Reference Plan 59R-255t to the City for the purpose of road access. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that the recommendation be approved and adopted. Carried Unanimously. See By-law No. 92-58 S-92-13 - Chief Administrative Officer - Re: Conveyance of a Transfer/Deed of part of a Road Allowance to John A. Somerville; East side of Stanley Avenue, north of Rexinger Road. The report recommends that the by-law appearing on this evening's agenda authorizing the conveyance and execution of a Transfer/Deed of part of the road allowance between Townshil~ Lot Numbers 2 and 3, Broken Front Concession, Welland River, in the former Township of Willoughby to John A. Somerville, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the recommendation be approved and adopted. Carried Unanimously. See Bv-law No. 92-56. RESOLUTIONS No. 14 - WARD -JANVARY - RESOLVED that the Provincial and Federal Governments be advised of the City's Non-Profit Housing Corporation concerns and ask that the appropriate Provincial and Federal Government Agencies responsible for funding for Non-Profit Housing Projects conduct a review of location criteria in terms of other projects of similar nature which maybe in operation within the same neighbourhood or geographic radius. AND the Seal of the Corporation be her. to affixed. Carried UnanimousIv, No. 15A - HENDERSROT. CUMMINGS, RESOLVED that the City of Niagara Falls Municipal Council endorses Region-wide Market Value Assessment and Province-Wide implementation of this system and the resolution be forwarded to the Regional Assessment Commissioner, the Regional Municipality of Niagara, the Treasurer of Ontario, the Hon. Floyd Laughten, for their support and endorsatlon. AND the Seal of the Corporation be her. to affixed. Carried UnanimousIv. -9- No. 16- HENDERSHOT. CUMMINGS- RESOLVED that Whereas the Province of Ontario/s developing a new Central reservation and Informat/on System (CRIS) to enable visitors to Ontario to phone one number to reserve accommodations throughout the Province; and WHEREAS the City of Niagara Falls is a leading City/n tourism; and WHEREAS it/s anticipated that a fully functional, fully upgraded CRIS managed largely by the industry, will be available Province w/de by 1995; and WHEREAS the Central Reservation and Information System will require office space; THEREFORE the City of Niagara Falls hereby requests that the Central Reservation and information System (CRIS) operation be located in the City of Niagara Falls; AND the Seal of the Corporation be her. to affixed. Carded UnanimouSly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-law be now read a third 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 ~ 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 o/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: 92-54 A by-law to authorize an agreement between R/son Construction and the City, for the construction of a new Fir. hail Administration Building. 92-55 A by-law to authorize the acceptance of a Transfer of Easement from Niagara Gate/and Developments Ltd. 92-56 A by-law to authorize the conveyance of a Transfer/Deed of that part of the road allowance to John A. Somerville. 92-57 A by-law to amendby-law 89-200 [being a by-law to regulate parking and roadsl. traffic on City 92-58 A by-law to authorize the part/a/release of restrictive covenants/n an agreement respecting Leonard V. Rout/edge, in trust, and Trustees of Hope Fellowship Baptist Church. 92-59 A by-law to authorize the execution of an agreement with Boardview Advertising inc. 92.60 A by*law to amend By-law 83-162, being a by-law to provide for the constitution of a Committee of Adjustment for the City of Niagara Falls and the appointment of the members of the Committee. 92-61 A by-law to amend By-law 91-287, being a by-law to provide for the aPPointments to certain Boards, Cornre/salons and Committees. 92.62 A by-law to authorize the execution of an agreement with 6497~ Ontario L/m/ted operating as Provincial Maintenance. 92-63 A by-law to amend By-law 85-238 respecting the classes of development that may be undertaken in rite p/an control areas. 92-54 , ,%% i,.oprov/demon,a.,nthe.moun, of,6,,45,,66. ,forgener,,p.rposes,M. rch The motion Carried with Alderman Sus/n abstaining from the vote on By-law Nos. 32-64, 92.64, on conflicts of interest prev/oudy recorded and with all offiers voting/n favour. - 10- ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: 92-54 A by-law to authorize an agreement between R/son Construction and the City, for the construction of a new Fireball Administration Building. 92-55 A by-law to authorize the acceptance of a Transfer of Easement from Niagara Gate/and Developments Ltd. 92-56 A by-law to authorize the conveyance of a Transfer/Deed of that part of the road allowance to John A. Somerville. 92-57 A by-law to amendby-law 89-200 (being a by-law to regulate parking and traffic on City roads/. 92-58 92-59 92-60 A by-law to authorize the partial release of restrictive covenants in an agreement respecting Leonard V. Routledge, in trust, and Trustees of Hope Fellowship Baptist Church. A by.law to authorize the execution of an agreement with Boardview Advertising Inc. A by-law to amend By-law 83-162, being a by-law to provide for the constitution of a Committee of Adjustment for the City of Niagara Falls and the appointment of the members of the Committee. 92-61 A by-law to amend By-law 91-287, being a by-law to provide for the appointments to certain Boards, Commissions and Committees. 92-62 A by-law to authorize the execution of an agreement with 649799 Ontario L/m/ted operating as Provincial Maintenance. 92-63 A by-law to amend By-law 85.238 respecting the classes of development that may be undertaken in site plan control areas. 92-64 A by-law to provide monies in the amount of $5, 145, 166. 79 for general purposes (March 16, 1992/. The motion Carried with Alderman Susin abstaining from the vote on By-law Nos. 92-54, 92-B4, on conflicts of interest previously recorded and with all others voting in favour. NEW BUSINESS Blimg for Advertisln(7 Alderman Hendershot referred to an article in the Buffalo News regarding the use of a 194 foot long blimp for advert/sing and as a sightseeing venture. It was determined that the matter would be looked at with a report back to Council. Team Nienero Toudsm (TNTJ His Worship Mayor Thomson referred to a meeting with the Team Niagara Tourist group, which consists of bankers, business people, and Council members who are involved in dealing with the People Mover System, the Convention Centre, and improved traffic on the bridges. His Worship stated through this meeting it was learned that the Province of Ontario was developing a new Central Reservation & Information Systems [CRIS/and headquarters would be required to house approximately 65 employees. Mayor Thomson indicated this was an opportunity to have 65 jobs In Niagara Falls and requested Council endorse a resolution requesting the Central Reservation and Information System be located in our City and that the resolution be forwarded to the Minister of Tourlsm. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the resolution be received and adopted. Carried Unanimously. Niaqara Falls, Canada Visitor & Convention Bureau Alderman Cummings referred to correspondence regarding the reincat/on of the Visitor & Convent/on Bureau and their requests for support for the following: a) Proper signage at strategic locations, both on city and raglone/ roads, direct/rig Bureau off/ca; visitors to the b/ Use of city logo or crest on signs to identify the Bureau office as the "off/c/a/" Visitor information Centre for the City of Niagara Falls; c/ Two designated bus parking spaces on Victoria Avenue in front of the building to encourage bus tour operators to avail themselves to their services. ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Germann, that the requests be aPproved and that Municipal staff be requested to expedite the two bus parking spaces. Carr/ed Unanimously. G.N.G.H. Cat Scan Cam~aien Alderman Cummings referred to correspondence from the Greater Niagara Genera/Hospital Foundation regarding a benefit hockey game to be held on March 31, t992 as part of the CAT Scan Campaign and requesting that Council waive the charge for ice time. ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Craitor, that the to waive the fee for ice time be granted. Carried Unanimously. request Relocation of Kuester-Ma~Tna Facility His Worship Mayor Thomson referred to correspondence received from Mr. John C. London, Executive Vice President and General Counsel of Atoms international inc. indicating the reasons for the dec/s/on to move to Newmarket. Elimination of Reqlonal Govemmen( His Worship Mayor Thomson advised that several municipalities have endorsed the resolution to eliminate Regional Government in Niagara. ' Waste Manaczement in TOrOnto His Worship Mayor Thomson referred to the Act regard/rig Management of Waste in Greater Toronto and amending the Environmental Protection Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat that the matter be referred to staff to determine whether this dec/s/on could have some impact on the deliberations regarding solid waste disposal. Carried UnanimousIv. Invitation to bogour George $eibel His Worship Mayor Thomson referred to an invitation to attend an evening to hogour Mr. George Seibel at the Victoria Avenue Library on Friday, April 3rd at 7:00 p.m. Portsee Road Brldqe Mayor Thomson referred to a meeting with the Hog. Shirley Mart/n, P.C., M.P. regarding the Portage Road Bridge posing a danger to the Publlc's'safety and was informed that she would look at the situation on behalf of the City and the Region, with respect to obtaining a grade separation at the location. 12- Minor Hockey Alderman Cummings discussed the Recreation Commission's appointment of Mr. Hinsperger to the Minor Hockey Association, to serve as a I/a/son and staff member on the Board, and requested that a member of Council, who would represent City Council, be appointed to the Minor Hockey Board. ORDERED on the motion of Alderman GermanD, seconded by Alderman Cummings, that Alderman Craitor be appointed to the Minor Hockey Board. Carried Unanimous/v, Niagara Fells Thunder Season Tickets Alderman GermanD suggested all members of Council attend a Niagara Falls Thunder game as a group to show their support for the team. His Worship Mayor Thomson suggested that a group picture be taken of City Council purchasing season's tickets at the ticket booth. City of Niagara Fells Re~zuest for L/felines Construction Grant Alderman Ward referred to correspondence from the Ministry of the Environment advising funding assistance had not been granted to the Chippaws Sanitary Sewer Spot Grouting project. Public Meeting Alderman Sherar mentioned that a Public Meeting was being held on March 25, 1992 at 6:00 p.m. in Council Chambers regarding the reconstruction of Stamford Green Drive. U.S. vs Canada Alderman Ward referred to a letter from Mr. Gino Romeo expressing concern regarding material that had been circulated regarding conditions in the Houston, Texas area vs conditions in Canada and a reply from Mayor Lanier, the Mayor of Houston. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that a copy of Mayor Lanier's reply be forwarded to the office of Margaret Harrington, M.P.P. Carried Unanimously. City of PeterborOugh His Worship Mayor Thomson referred to correspondence received from the City of Peterborough regarding Two-Tier Method of Property Taxation and that the City of Niagara Falls is in support of the resolution for the City of Peterborough in examining the two tier method of property taxation and grant permission to the City of Peterborough to demonstrate the method. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shefar, that the correspondence be received and filed. The motion Carried with Alderman Susin voti~g contra/y to the motion and with all others voting in layout. It was moved by Alderman Hendershot, seconded by Alderman Cummings, that the meeting adjourn. Carried UnanimousIv. READ AND ADOPTED, COMMITTEE OF THE WHOLE Committee Room If2 March 23, 1892 Council met on Monday, March 23, 1992 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Cummings and Puttick, who were on vacation, and Alderman Cowaft, were present. Alderma~ Ward presided as Chairman. in ope%"°saw,:,; n'.°nsidera'i°n°"he"emsPresen'ed- 'he Comm,,,ee o, ,he Who,earose ,orepot, READ AND ADOPTED, REGULAR MEETING Council Chambers March 23, 1992 Council met on Monday, March 23, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Aldermen Cummings and Puttlck, who were on vacation, andAlderman Cowan, were present. His Worship Mayor Thomson Presided as Chairman. Alderman Craitor offered the Opening Prayer. ADOPTiON OF MINUTES ORDERED on the motion of AIderman Hendershot, seconded by Alderman Sherat, that the minutes of the Regular Meeting of March 16, 1992 be adopted as printed. Carded Unanimously. CONFZlCT$ OF INTEREST Aldermen Hendershot and Janvary declared conflicts of interest on Cheque No. 76535, because the recipient is their employer. DEPUTATiONS His Worship Mayor Thomson introduced Mr. Frank Lapanna who addressed Council regard/fig a Proposed hotel development at 5633 Victoria Avenue. Mr. Lapanna referred to the concerns regarding provisions of required perking spaces on the site and indicated that he had an option to Purchase the adjacent Property which would supply 91% of the required parking requirements; requested Council withdraw their appeal of the dec/s/on of the Committee of Adjustment and grant him Permission to develop a valuable and only part/ally used build/fig. -2- -AND- Report PD-91-23 - Committee of Adjustment Application A-10/91; 471791 Ontario Limited, 5633 Victo~a Avenue. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germaria, that Mr. Lapenna's request be approved and that staff be instructed to withdraw the Appeal to the dec/s/on of the Committee of Adjustment with respect to Application A-I O/g l. Carried UnanimousIv. PRESENTAnON$ Mr. Ken Sullivan, Manager of Customer Energy, Ontario Hydra presented a "Savings By Design Award" to His Worship Mayor Thomson, on behalf of Ontario Hydra, in recognition of the City's commitment to energy efficiency. Mr. Sullivan also presented cheques in the amounts of $17, 000 and $25,000 which represented the energy street lamp projects that had been undertaken. His Worship Mayor Thomson indicated that Mr. George Hastick, Niagara Falls Hydra and Mr. 8ob Hanna, Chairman, Niagara Falls Hydra Commission, were in attendance. His Worship Mayor Thomson thanked Mr. Sullivan and Ontario Hydra for the award and recognition on behalf of the members of Council. COMMUNICATION$ Communication No. 104 - Canadian Cancer Satiety - Re: Proclamation. The communication requests that Council proclaim the month of April as "Cancer Month~ and that the Canadian Cancer Society flag be raised at City Hall. ORDERED on the motion of Alderman Headershot, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried UnanimousIv. Communication No. 105(a) - Ministry of Transportation - Re: Bilingual Highway Signing. The communication provides information regarding the government of Ontario's position on bilingual Highway signage. Communication No. 105(b)- Regional Niagara- Office of the Clerk- Re: Provincial Bilingual Signs on Major Highways. The communication requests Council support the resolution of the Council of the Regional Municipality of Niagara indicating to the government of the Province of Ontario its strong objection to its stated commitment to provide bilingual signs on major highways. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that Communication Nos. 105(a) and 105(b) be Tabled until next Council meeting in order to provide all members of Council additional information on the matter. Carried Unanimously. Communication No. 106 - Regional Munidpailty of Peel - Re: Provincial Government Child Care Funding and the Impact on the Private Child Care Sector. The communication provides information on the Regional Municipality of Peel's resolution regarding the Minister's recent announcement to subsidize the wages of child care workers in the non-profit sector while excluding similar payments to the private sector. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the communication be received and filed. The motion was Defeatqd with the following vote: AYE: Aldermen Craitor, Fisher and Ward. NA YE: Aldermen Germano, Headershot, Janvary, Orr, Shetar, and Susin. Following some discussion, it was ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that Council endorse the resolution. The motion Carried with Alderman Craitor voting contrary to the motion and with ell others voting/n favour, -3- Communication No. 107 - Regional Niagara - Public Works DePartment. Re: Regional Niagara Sludge Haulage Operation on Area Municipality Roads. The communication refers to staff report DEP-3392, being a draft report regarding the Regional N/agora sludge haulage operation on area municipality roads and requests input from the municipality on the draft report. ORDERED on the motion of Alderman Shetar, seconded by Alderman Fisher, that the report be referred to Municipal Works staff. ~arried Unanimously. Communication No. 108 - R. Brown . Re: Hospital cutbacks of patient care staff. The concern regar,ing hosp,ta, cutbacks and requests that Counc,, pray, de ORDERED on the motion of Alderman Headershot, seconded by Alderman Ward, that the communication be received and f/led, meeting. ~ and further that R. Brown be notified of the upcoming Communication No. 109 - Ministry of the Environment. Re: Environmental Protection Act Part V// Sewage Systems; Mot/on No. 261 - Allan Hull/Reta Evans. The communication responds to of Oc,obe, ,B, ,g3, and prov,des info,ma,,on regarding the Env,ronmen,a, ORDERED on the motion of AIderman Orr, seconded by Alderman Susin, that the communication be received and filed. C~arr/ed (/n~nimOUSlE. Communication No. 110 - The Bethlehem Nousing Project of Niagara - Re: Proclamation. The c°W6me~.,unication requests that Council declare the week of April 5-1 I, 1992 as "Bethlehem Place ORDERED on the motion of Alderman Headershot, seconded by Alderman Getmona, that the communication be Tabled for further information. Carried Unanimously. Communication No. 111 - John R. Virgin, Creativity in Print for the Canadian Hospitality Industry. FaT ,;s,% e%e%'. ation sugges,s the, Counc,,cons,der the ,winn,ng o, Niagara Fails w, th Shaw,n,gan ORDERED on the motion of Alderman Headershot, seconded by Alderman Ward, that the communication be referred to the Civic Committee for consideration. ~ Communicab~n No. 112 - The Buffalo Newa- Re: B/imp for advertising and tours. The ; ;or';,; ingv, ,; 7:g LT';;;s'.of'rm's ,n ,an tieno, usin gab ugea,rsh ,p for the His Worship Mayor Thomson referred to discussions held with Mr. Rob Nicholson, MP, which indicated that liceaces would not be approved unless the Council approved the project. ORDERED on the motion of AIderman Headershot, seconded by Alderman Craitor, that Council be on record as being opposed to the use of the Blimp for tours and advertising Purposes. ~arried Communication No. 113 - Niagara Promo~ A~odation . Re: Letter of APpreciation. The communication expresses aPPreciation to His Worship Mayor Thomson and Members of City Council for their confidence and support during the past year. ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that the communication be received and filed and further, that a theme "Canada 125" be utilized on the Blossom Parade float. Carried Unanimously, MW-92-64, Chief Administrative Officer- Re: Municipal Parking Lot # 17, Stanley Avenue; Rag/anal Lease Agreement. The report recommends the following: I) That the City request the Region of Niagara to waive all leasing costs for the period from July I, 199I to June 31, 1992 on the lands frontlag on Stanley Avenue, Regional Road 102, currently known as Municipal Parking Lot #17; -4- -5- i 2) That after this period expires, the City re-negotiate the remaining three (3) year lease agreement with the Region of Niagara, at a lease price that is fair and equitable to both parties concerned (ta be negotiated in November 1992). ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report be received and adopted. Carried UnanimousIv. MW-92.65- Chief Administrative Officer- Re: Empire Motel (Niagara Falls) Limited; Land Division Decision - 8-73/92. The report recommends the following: II That Council agree with the taking of the widening on Ellen Avenue only and the minor adjustment to the daylighting triangle. 2) That Council authorize staff to appeal the decision of the Land Division Committee ff an agreement can't be reached with the owner prior to April 2, 1992. ORDERED on the motion of Alderman Germano, seconded by Alderman Sherat, that the report be received and adopted, with an amendment that the City pay the surveying costs in this instance. The motion Carried with the following vote: AYE: Aldermen Fisher, Germano, Orr, Sherat, Susin and Ward. NA YE: Aldermen Craitor, Hendershot and Janvary. MW-92-70 - Chief Administrative Officer - Re: Program of Proposed Expenditures for Highway Improvements for the Year 1992 - Ministry of Transportation Form MRoA-16. The report recommends that the Program of Proposed Expenditures for Highway Improvements for the year 1992, dated March 23, 1992, be adopted as presented in the total estimated amount of $7,336,700.00 with an estimated subsidy of $2,574,000.00. ORDERED on the motion of AIderman Hendershot, seconded by Alderman Jan vary, 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-92-32 - Chief Administrative Officer - Re: Response to Jean Grandoni's Submission on the City's New Official Plan. The report recommends that the letter attached to this report be sent to the Ministry of Municipal Affairs as a response to J. Grandoni's submission on the City's new Official Plan. Miss Jean Grandon/ commented on the responses of the Planning & Development Department to the concerns she had expressed on the City's New Official Plan. Miss Grandoni referred to the Plaza on Montrose Road and the Co-op Housing development as encroachind on City land with respect to the water course. Miss Grandoni indicated that a storm-water management policy should also be established. The Deputy Director of Planning & Development responded to questions regarding rural policies, agriculture-based maps; non-complying uses vs non-conforming uses. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Off, that staff respond to the allegation that the Co-op Housing Development and Plaza are encroaching on City land with regard to the water course. Carried Unanimously. S-92,14 . Chief Administrative Officer - Re: Interim Levy of Business Taxes. The report recommends the following: I) That the By-law amending By-law No. 92-22 be passed, whereby the references to section 130[4) of the Regional Municipality of Niagara Act be repealed; 2) That the By-law providing for the interim levy of business taxes pursuant to section 156(2) of the Municipal Act be passed, thereby authorizing the City to levy interim business taxes each year without the necessity of passing a by-law each year. 3) That the By-law amending By-law No. 92-23 be passed, whereby the references to section 130[4) of the Regional Municipality of Niagara Act be repealed and sect/on 15612J of the Municipal Act be adopted. ORDERED on the motion of AIderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Bv-law~ No. ~2-65 See By-law_ No. 92-66 See Bv-law_ No. $2-~Z S-92-17- Chief Administrative Officer- Re: Acceptance of a Conveyance from 687876 Ontario Limited; South Side of Marine/and Parkway; West of Stanley Avenue. The report recommends that Counc// pass the by-law appearing on this evening's agenda to accept a conveyance of Parts 3 and 4 on Reference Plan 59R-4097 from 687876 Ontario Limited. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. Carried UnanimousIv. See Bv-law No.~ CD-92-27 - Chief Administrative Officer- Re: Disposal of portion of unopened laneway - north side of Buttrey Street between Hickson and Broughton Avenues. The report recommends that Council authorize staff to Proceed w/th the closing and conveyance of a portion of an unopened laneway on the north side of Buttrey Street, located between Hickson and Broughton Avenues, to Niagara Bronze Limited and t-. W. Roberts Manufacturing of Canada, Incorporated, in accordance with City procedure. That the conveyance be made at the appraised value of $3,850.00, plus the cost of the appraisal, and Payment of any and all of the City's out-of-pocket expenses, including legal advertisements, legal documents, etc. That the ordering of a Reference Plan, and Payment thereof, be arranged by the initiating applicant. The transaction also to be subject to any service easements if required by Utilities; and subject to the normal zoning and building requirements of the City concern/rig the Placement and location, on the subject portion of laneway, of transformer pads and sand silos by Niagara Bronze Limited. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. Carded Unan[mouslv. F-92. 14 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling ~ I 1,545, ~ 12. ~ 1 for the period ending March 23, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was Provided on Cheque Nos. 76526; 76542; 76568. ORDERED on the motion of AIderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. The motion ~ with Alderman Orr opposed to Cheque Nos. 764 11, 76537, 76550, 76594, and Aldermen Hendershot and Janvary, abstaining from the vote on conflicta of interest Previously recorded and with all others voting/n fayour See By.law Ratification of FInance Committee Actions ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the actions taken on the follow/rig reports by the Finance Committee, eartier this evening, be approved. Report FC.92-fO - Statement of Taxes Receivable at February 28, 1992, that Report FC-92-10 be received and filed, d .4 -6- Report FC-92-09 - Amendment to Borrowing By-law 91-302, that the Amendment to By-law 91-302 be adopted. Report FC-92-f I - 1992 Debenture Issue, that the projects approved by Council be paid through the debenture issue. Report MW-92-62 - Parking Revenue Fund Operating Budget, that the 1992 parking Reserve Fund Operating Budget be approved. Alderman Orr was opposed to the Parking Revenue Fund Operating Budget dealing with the Computerized Parking Ticket System. The motion Carried with Alderman Orr voting contrary to the Parking Revenue Fund Operating Budget dealing with the computerized Parking Ticket System, and with all others voting in favour. RESOLUTIONS No. 16A - WARD - JANVARY - RESOLVED that the Council of the City of Niagara Falls proclaims April 22, 1992 as Earth Day. AND the Seal of the Corporation be her. to affixed. Carried Unanimously. No. 17 - WARD - JANVARY - RESOLVED that the Council of the City of Niagara Falls designates Friday, Aprl/ 24, 1992 to Sunday, May 3, 1992 as Arbor Week in the City of Niagara Falls. AND the Seal of the Corporation be her. to affixed. Carried UnanimousIv. No. 18 - WARD - JANVARY - RESOLVED that the Council of the City of Niagara Falls designates June I to June 7, 1992 as Environment Week in the City of Niagara Falls. AND the Seal of the Corporation be her. to affixed. Carried Unanimously. No. 19 - WARD - JANVAR Y - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures for Financing request in the amount of $2, 100,000.00 and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works listed. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 20 - HENDERSHOT - JANVARY - RESOLVED that the Program of Proposed Expenditures for Highway Improvements for the year 1992, dated March 23, 1992, be adopted as presented in the total estimated amount of $7,336,700.00 with an estimated subsidy of ~2,574,000.00; AND the Seal of the Corporation be her. to affixed. 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 AIderman Janvary, seconded by Alderman Susin, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92.65 A by. law to amend By.law No. 92.22, being a by. law to provide an interim levy of taxes. 92-66 A by.law to provide an interim levy of business taxes. - 7- 92-67 A by-law to amend By-law 92-23, be/rig a by-law to provide for the col/act/on of interim taxes for the year ~992. 92-68 To authorize the execution of an agreement with Canadian Corps of Comm/ss/ona/res (Natal/toni. 92-69 A by-law to authorize the acceptance of a conveyance from 687876 Ontario L/m/ted. 92-70 A by-law to authorize monies for Genera/Purposes {March 23, 1992J. The motion rEca~ with Aldermen Hender. . . No. 92-70 on conflicts shot and Janvary, of interest Previously recorded and .abstaining from the vote on By-law 8y-law No. 92-70 and with a// others voting in favour. with Alderman Orr voting contrary to ORDERED on the motion of AIderman Orr, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 92-65 A by-law to amend By-law No. 92-22, being a by-law to provide an interim levy of taxes. 92-66 A by-law to provide an interim levy of business taxes. 9,-B, ,h,o,a;T,%%,.,w 92-23, beinga by-,aw ,o Provide ,or ,he co,,ec,ion of in,afire 92-68 A by-law to authorize the execution of an agreement with Canadian Corps of Commissionaires {Hamilton}. 92-69 A by-law to authorize the acceptance of a conveyance from 687876 Ontario L/m/ted. 92-70 A by-law to authorize monies for General Purposes {March 23, 19921. The motion r~z~ZOJZ with Aldermen Hand, . . NNoo. 92- 70 on conflicts of interest previo~:~:~°t and Janva~, abstaining from the vo~ . R-ali~c ,~_tZo~ of Cg~_mittee of the Whole Item_~ ORDERED on the mot/on of Alderman Orr, seconded by Alderman Fisher, that the actions taken on the following items by Committee of the Who/e, earlier this evening, be aPproved. I. That the Team Niagara Tour/sin Executive Board be aPproved; and further that the Position of M. Johnston as Executive Director be approved. 2. That an offer be made according to an appraisal to Purchase/and at 5824 Main Street. DEW Mount Pronettles Ine, "Price nvo v d ORDERED on the mot/on of Alderman Nendershot, seconded by Alderman Fisher, that Alderman Shetar take the Chair due to Mayor Thomson declaring a conflict of interest as Previously recorded. Carried Unanimously. His Worship Mayor Thomson/eft the meeting. -8- Alderman Ward referred to correspondence from Fi/er Electric expressing concern regarding Council's recent decision to re/ect the proposed Price Club. Alderman Ward stated that at the Council meeting of February 10, 1992 Council voted 6-4 against the Price Club application and indicated that/n light of recent developments and changes to the economy in Niagara Falls, he would bring a motion for reconsiderat/on for the application by QEW Mount Properties Inc., commonly referred to as the Price Club, for an Official Plan Amendment and a Zoning 8y-law Amendment, and stated this motion was being brought in accordance with Rule 28 of the Standing Rules of Council as set out in By-law No. 89-155, which reads as follows: "If the motion for recons/deration be not made until the next meeting, the question shall not be reconsidered unless a majority of the whole Council votes therefor. No question shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered." This rule is not to be confused with Rule 27 of the 8y-law that reads as follows: "After a motion is passed or report adopted, no motion for a reconsiderat/on thereof shall be introduced during the same meeting, unless it is moved and seconded by two members from among those who voted with the majority that carried the main motion or report." Rule 27 provides the procedure to be used in respect of a motion for recons/deration during the same meeting. Alderman Ward indicated that in this case, as he was making the motion at a meeting other than the meeting in which the report was not adopted, Council would have to comply with Rule 28, which permits any two members of Council, and not necessarily those in the majority, to move and second the motion. In order for the motion to succeed, it would require a majority of the whole Council, in other words, the motion required seven affirmative votes to pass. ORDERED on the motion of AIderman Ward, seconded by Alderman Orr, that it be re 0 'd that the application by QEW Mount Properties Inc. for an Official Plan Amendment and a Zoning By-law Amendment be reconsidered. Carried Unanimously, The Solicitor responded by stating that seven Council members were needed to make a quorum and since nine Council members were present, five affirmative votes out of the nine would be required. Alderman Ward stated, that for the information d Council, it was his intention to bring a second motion, wherein it be resolved that the matter be tabled for a period of time to allow the interested parties and the members of the public an opportunity to present further information on the matter. ORDERED on the motion of AIderman Ward, seconded by Alderman Fisher, that it be resolved that the matter be tabled for two weeks to allow public notice to be given so that' interested parties and the members of the public may be informed of that hearing. Carried UnanimousIv. Following some discussion, it was ORDERED on the motion of AIderman Ward, seconded by Alderman Orr, that it be resolved that staff give public notice in a method considered to be the most expedient for reaching all members of the public. Carried Unanimously. ORDERED on the motion of AIderman Ward, seconded by Alderman Orr, that the correspondence from Flier Electric be received and filed. Carried Unanimously. It was moved by Alderman Or6 seconded by Alderman Germano, that the meeting adjourn. Carried UnanimousIv. · READ AND ADOPTED, EC FOURTEENTH MEETING COMIVlHTEE OF THE WHOLE Committee Room #2 March 30, 1992 Council met on Monday, March 30, 1992 at 5:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman PuRick, who was on vacation, were present. Alderman Hendershot presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to repo~ in open session. READ A~D ADOPTED, REGULAR MEETING MAYOR WAYNE THOMSON Council Chambers March 30, 1992 Council met on Monday, March 30, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Putt,ok, who was on vacation, were present. His Worship Mayor Thomson presided as Chairman. Alderman Ward offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sherar, seconded by Alderman Orr, ~at ~e minutes of rite Regular Council Meeting of March 23, 1992 be adopted as printed. Carried Unanimously. CONFLICTS OF INTEREST Alderman Susin declared a conflict of interest on Report lVlW-92-74 with respect to ~e Centre Street portion of ~e report, because of ~o nature of his employment. DEPUTATION Report MW-92-81. Empire Motel (Niagara Falls) Limited. Land Division Deck,on - B-73/92. The report recommends ~at the information contained in this Report be considered in conjunction with Mr. Ron Bruck's comments. His Worship Mayor Thomson introduced Mr. Ron Brock, Empire Motel (Niagara Falls) who addressed Couucil regarding his request for severance and indicated that he wishes to do a land division between the properties, that he does not intend to build on tho property. Mr. Bruck indicated that the motivation behind the severance was to permit him to betTow on the properties owned which would enable him to pay off his outstanding taxes. Mr. Brdck expressed concerns regarding an exit ramp which would have to be rebuilt, the loss of a parking space, the loss of business due to road consInaction. Mr. Bruck requested that tho City purchase the land and not consider the 5 foot road widening. The Director of Municipal Works responded to Mr. Bruck's concerns and stated that it was standard policy under the planning Act, or the condition of severance allows mad widenines to be taken by the City when required at no cost to the Municipality. The Director of Municipal Works further indicated that reconstruction of the ramp would be adjusted after road widening, at a cost to the City. The Chief Administmtlve Officer indicated that under the Planning Act, the City is not required to pay for road widenines and that the Act provides for the City to take widen.rigs without compensation. His Wornhip Mayor Thomson indicated them were positive aspects which were a new widened roadway, proper ramps and access to the property. Mayor Thomson thanked Mr. Bruck for his submlssion. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the repo~ be received and iliad for information. Carried Unanimously. UNFINISHED BUSINESS Seatbel~ on Buses Report C1)-92-15 - Chief Administrative Officer - Re: Seatbelts on Buses. (February 17, 1992 Council meeting and Resolution, December 16, 1991 Council meeting.) The report recommended the background attached to this report be received and film for information. Mrs. Sharon Stephenson thanked Council for their support with respect to the use of seatbelts, and stated that there was much controversy over the use ofseatbelts on school buses. Mrs. Stephenson indicated that buses travelling on highways would be more likely to be in a severe accident than school buses, and stated that she was in fayour of having more padding and protection on school buses, but not necessarily the use of seatbelts. ORDERED on the motion of Alderman Cowan, seconded by Alderman Fisher, that the resolution regarding seatbelts be received and adopted. The motion .Carried with the following vote: AYE: Aldermen Cowan, Cummings, Hendershot, Fisher, Janvary, Sherat and Ward. NAYE: Aldermen Cruller, Germane, OaT and Susin. Following further discussion, it was noted that in fiatare construction of passenger buses, that the matter be looked into regarding the provision of seatbelts. ORDERED on the motion of Alderman Cowan, seconded by Alderman err, that the resolution should indicate that in the future construction of new school buses, the steel bar on the back of the seat'should be removed, and additional padding to be added to the back of the seat. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Handershot, that the report be received and filM. Carried Unanimously. Communication No. 114 - The Bethlehem Housing Project of Niagara - Re: Proclamation - The communication requests that Council declare the week of April 5-11, 1992 as "Bethlehem Place Week". ORDERED on the motion of Alderman OaT, seconded by Alderman lanvaty, that the request be approved subject to established policy. Carried Unanimously. COMMUNICATIONS & COMMENTS OF CITY CLERK Communication No. llS - Campaign Life Coalition Niagara - Re: Proclamation, The communication requests that Council proclaim May 10 -17, 1992 as "Respect for Lifo 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. 116 - Multiculturniism and Citizenship Canada - Re: Proclamation. The communication requests that Council preclnim the week of April 12-18, 1992 us "National Citizenship Week". It was noted that a Citizenship Court could be held on Canada Day. ORDERED on the motion of Alderman Hendcrshot, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. Communication No. 117 - Regional Niagara - Planning and Development Department. Re: APe Zonings. The communication refers to the Revised Agrleulmrul Policies which include modifications to the approach on surplus farm dwelling severance and Agricultural Purposes Only (APe) Zonings. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to staff. Carded Unanimously. Communication No. 118 - Regional Niagara - Planning and Development Department. Re: Review of the Agricultural Land Base Map. The communication refers to the review of the Agricultural Land Base Map in the Regional Niagara Policy Plan. ORDERED on the motion of Alderman Shetar, seconded by Alderman Cummings, that the report be referred to staff. Carded Unanimously. Communication No. 119 - Regional Niagara - Office of the Clerk - Re: Budget Allocation for the Niagara~ Falls. The communication advises of the recommendations of the Public Works & Utilities Committee regarding budget allocation for the Niagara Falls (City-Wide) Infrastructure Needs Study. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the communication be received and filed for the information. Carded Unanimously. REPORTS B-92-20 - Chief Administrative Officer - Re: Site Plan Apprevni; Proposed two 15-unit residential apartment dwellings; Nofih side Thorold Stone Rd., West of Moatrose Rd. (AM-12/88). The report recommends that Council approve the site plan on display at tonight's meeting being proposed 30 unit residential apartment dwelling complex, and the Site Plan being drawing number AI-1, and the Landaeape Plan being drawing number 1-1 and the Landscape details being drawing number L-2 and the site service and grading plan being drawing number C-1 and filed with the Buildings and Inspections Deportment of the City of Niagaru Falls on March :25, 1992 and that such approval be subject to the conditions in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carded Unanimously. B-92-22 - Chief Administrative Officer - Re: 8089 Portage Road - Complaint. 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 for information. Carded Unanimously. B-92-23 - Chief Administrative Officer - Re: Building Regulations Awareness Week Proclamations. The report recommends that the week of April 12th to 18th, 1992 be proclaimed as "Building Regulations Awareness Week" and that Council andorso the placing of an information booth at Niagara Square. ORDERED on the motion of Alderman Cummings, seconded by Alderman OaT, that the report be received and adopted. Carded Unanimously. MW-gZ-7Z - Chief Administrative Officer - Re: Royal Canadian IJgion 55th Annual 40 & 8 Pilgrimage, Saturday, May 16, 199'2. The repofi recommends that the 551h Annual Pilgrimage of the 40 & 8 Society, American Legion motoreade scheduled for Saturday, May 16, 1992 be appreved subject to the following conditions: 1) That the event meet all requirements from all other authorities; 2) that all vehicles participating in the motorcade are insured. ORDERED on the motion of Alderman Cummings, seconded by Alderman Off, that the repo~ be received and adopted subject to established policy. Carded Unanimously. -4- MW-92-73 - Chief Administrative Officer - Re: 33rd Annual Blossom Festival Parade, Saturday, May 9, 1992. The report recommends that the Niagara Fails Canada Blossom Festival Parade scheduled to commence on Saturday, May 9, 1992 at 10:00 a.m. be appreved subject tot he following conditions: 1) that a copy of one million dollar liability insurance indicating coverage for the City of Niagara Falls be submitted to staff prior to the event; 2) that the event meet all requirements from all authorities. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report be received and adopted subject to established policy. Carried Unanimously. It was noted that Alderman Cummings requested that costs be waived as in previous years. MW-92-74 - Chief Administrative Officer - Re: Program of Proposed Supplementary Expenditures for Highway Improvements for Year, 1992 - Ministry of Transportation Form MR-A-16. The report recommends that the Program of Proposed Supplementary and Traffic Signal Supplementary Expenditures for Highway Impwvements for the year 1992, dated March :K), 1992, be adopted and presented in the total estimated araount of $1,319,200.00 for Normal Supplementap/subsidy and $32,100 for Supplementary Traffic Signal subsidy. ORDERED on the motion of Alderman Cummings, 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 aH others voting in favour. MW-92-80 - Chief Administrative Officer - Re: Proposed Plan of Subdivision Marin Subdivision - Niagara Gateland Development Ltd. - Inclusion in the Shfiner's Creek Project Agreement. The rapoff recommends that the information in this Report be considered in conjunction with the attached Report CD-92-28. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and edopted. Carried Unanimously. CD-92-28 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - Marin Subdivision; Owners: Niagara Gateland Development Ltd. (Mr. Ling Rossi, President). The report recommends that Council consider whether it wishes to approve this development and impose the conditions in this report for the Ma~sa Subdivision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMITI'I~E ITEMS ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. MW-92-57 - 1992 New Equipment Tender Municipal Works Department - that staff be given permission to arrange for the advertisement of tenders for the 1992 New Vehicle Equipment purchases. MW-92-60 - City Float - approval of the expenditures of $5,000 to refurbish the existing City Float be appreved, and the manor of overtime expenditures be referred to staff for consideration of time off in lieu of overtime pay to keep costs down. MW-92-67 - Streetlight Maintenance Contract ~2-01 - that the recommendation of staff be approved. MW-92-68 - Discussion Guide on Water and Wastewater - that the report be received and filed for information and that Alderman Brace Ward, Alderman Ed Sherat and Alderman Shirley Fisher be appointed to serve on the Water and Wastewater Sub Committe~, A Chairman and Vice-Chairman will be selected. MW-92-69 - Reallocation of Winter Maintenance Funds - that $14,500 of surplus Winter Maintenance Funds be reallocated to the Victoria Avenue Pedestrian Promenade at Tivoll World and that distribution of the remainder of funds be referred back to staff for review. MW-92-71 - Heavy Construction Liaison Committee Report: Award of Contracts to Low Bidden - that the recommendation from the Heavy Construction Liaison Committe~ be appreved. Aldermen Off, Cowan and Ward we~ opposed to the motion. MW-92-78 - Raw Water LIne for Washington MIlls - that the recommendation of staff be appsoved. -5- MW-92-79 - Equipment Rental - Landfill Site - that the equipmere rental tender for the Landfill Site be called in two ways; Firstly, to provide for beth a bulldozer and a front-end loader as has been the case for many years, and secondly, to provide fern bulldozer only. Staff to provide a report noting comparisons with other Municipalities on related cesta for equipment and report on operations and staffing (overtime) at the Landfill Site. Carried Unanimously. Report from Mayor's Election Review Committee - Re: 25 Recommendations agreed to by the committee which should alleviate future problems. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germane, that the report be received and filed. Carried Unanimously. It was further indicated that a loner of appreciation be forwarded from the Mayor's office to all committee members for the excellent work that was done to ~naiize the report. F-92-15 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,608,854.97 for the period ending March 30, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque NO. 76712. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 92-72. FD-92-02 (I-IANDOIYl) - Chief Achninistratlve Officer - Re: Permission to instal an antenna on Lundy's Lane Elevated Tank. The report recommends that Council authorize By-law No. 92-71 to execute an agreement with the Regional Municipality of Niagara for roleeating our base antenna on the Regional water tower in Niagara Falls. ORDERED on the motion of Alderman Off, seconded by Alderman Headershot, that the report be received and adopted. Carried Unanimously. See By-law No. 92-73. RATIFICATION OF COMMITI'EE OF THE WHOLE ITEMS ORDERED on the motion of Alderman Ward, seconded by Alderman 3usin, that the Solicitor be permitted to attend an inquest scheduled for Wednesday, April 1, 1992 regarding a motor vehicle fatality whioh occurred in January, 1992. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the Contract for the Waste Management Administrator position be extended for a 2-ye, ar period until April, 1994. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that Mr. Murray lohnston's position regarding Team Niagara Tendsin and salary be approved. The motion Carried with Aldermen Cummings and gusin voting contrary to the motion and with all others voting in favour, ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher to support Couneil's previous decision and the Fire Chief's recommendation, The motion Cartie4 with Alderman Craitor voting contrary to the motion and with all others voting ia favour. '6- RESOLUTIONS No. 21 - COWAN, eRR - RESOLVED that support of the City Council in backing a suggestion that seat belts be required on all buses, that in the fixture construction of new school buses, the steel bar on the beck of the seat should be removed, and additional padding to be added to the hack of the seat. in order to provide a restraint safety measur~ in the event of a traffic accident, for passengers, particularly children. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 22 - WARD - GERMANe - RESOLVED that Alderman Paisley Janvary be appointed Acting Mayor for the period April 2, 1992 Io April 12, 1992, inclusive; during the absenea of His Worship Mayor Wayne Thomson; AND that Alderman Ed Shemr be appointed Acting Mayor for the period April 13, 1992 to April 14, 1992; during the absence of His Worship Mayor Wayne Thomson; AND the Seal of the Corporation be hereto affixed. Carded Unanimously. No. 23 - CUMMINGS - JANVARY - RESOLVED that the program of proposed Supplementary and Traffic Signal Supplemealary Expenditures for Highway Improveraants for the Year 1992, dated March 30, 1992 be adopted and presented in the total estimated amount of $1,319,200.00 for Normal Supplementary subsidy and $32,100 for Supplementary Traffic Signal subsidy; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-71 A by-law to authorize the execution of an agreement with The Regional Municipality of Niagara respecting radio communication equipment. 92-72 A by-hw to authorize monies for General Purposes. (March 30, 1992). 92-73 A by-law to authorize the execution of an agreement with WMI Waste Manageraent of Canada Inc. C~'rded Unanimously, ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: 92-71 A by-law to authorize the execution of an agreement with The Regional Municipality of Niagara respecting radio communication equipment. 92-72 A by-law to authorize monies for General Purposes. (March 30, 1992). 92-73 A by-law to authorize the execution of an agreement with WMI Waste Management of Canada Inc. Carried Unanimously, NEW BUSINESS Meeting Schedule ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that a schedule of upcoming meetings be provided to Council membem in their Friday packages. -7 - Season's Tickets Alderman Cummings referred to the Junior A Hockey Club Niagara Falls Thunder and indicated that the next Thunder game would be on Wednesday, April 1, 1992 at 7:30 p.m. and requested Council's support by attending one playoff game. Alderman Cummings stated that the owner, Mr. Gay has given his commitment to the team remalalng in Niagara Falls next year, and advised that through the efforts of the citizens of Niagara Falls purchasing sesson's tickets and the leadership shown by His Worship Mayor Thomson, that the team will remain in Niagara Falls. Waste Collection His Worship Mayor Thomson stated that he had received several cells and comments from commercial and restaurant secturs regarding the City's policy of a 10-beg limit and requested that a Public meeting be set up prior to the tourist season to determine what would be fair and reasonable to the people in the community, that would encourage recycling and cut down waste at the landfill site. His Worship indicated that proper public notification would be given in the newspapers in order to have a full debete. Alderman Janvary requested that censideration be given to a possible date in May in order that the Waste Management Committee could meet on the matter, or whether the meeting could be held during Recycling Week to bring a further focus on the matter. Hvdro Rates His Worship Mayor Thomson referred to meetings that have been held with various major industries in the city, in an effort to encourage these industries to expand and create new jobs within the community. Mayor Thomson indicated that a very serious problem exists due to the high hydw sates; whereby a major abrasive industry (Norton Co.) had located in Niagara Falls initially due to the inexpensive hydra power, but now finds it difficult to survive because of the high hydro rates. His Worship Mayor Thomson stated that municipalities and Regional Council support the heavy power user companies and the Provincial government must react in order to save jobs and these industries and requested that a meeting be set up to discuss the matter. His Worship referred to Washington Mills expanding to the U.S. due to the cost of power and indicated this is a tremendous loss to the area. ORDERED on the motion of Alderman Cowan, seconded by Alderman Germane, that a special meeting be set up with major industry, management and labour, regarding the use of pewer. Carried Unanimously. Casino Gambling His Worship Mayor Thomson referred to correspondenea fonvarded on behalf of the City Council to the Premier and to the Minister of Tourism, Mr. Peter North, requesting further information on what the government is attempting to with respect to Casino gambling. His Worship stated that he wished to have all the information before Council prior to setting up a public forum, with public input, to see whether it would have a positive or negative impact for the community. It was moved by Alderman Fisher, seconded by Alderman Sherat, that the meeting adjourn. Carded Unanimously. L FIkTEENTH MEETING COMMITfEE OF THE WHOLE Committee Room #2 April 6, 1992 Council mat on Monday, April 6, 1992 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Thomson, who was on vacation and Alderman Craltor, were present. Alderman Cummings presided as Chairman. Following conaidemtion of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, PAISLEY JANVARY, ACTING MAYOR REGULAR MEETING Council Chambers April 6, 1992 Council mat on Monday, April 6, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the excaption of His Worship Mayor Thomson, who was on vacation and Alderman Craitor, were present. Acting Mayor Paisley Janvary presided as Chairman. Alderman Hendershot offered the Ol~ning Prayer. ADOPTION OF M1NUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the minutes of the Regular Council Meeting of March 30, 1992 be adopted as printed. Carried Unanimously. CONFLICTS OF INTEREST Alderman Hendershot and Acting Mayor Janvary declarcd conflicts of interest on Communication #1, with respect to local school beards because the School Board is lheir employer. Alderman Hendershot declared a conflict of interest on Cheque No. 76894, because a member of his family is employed by the company. Alderman Cummings declared a conflict of interest on Cheque No. 76875 because he is a member of the Association. Alderman Puttick declared a conflict of interest on the matter under Unfinished Business, b~cause a member of his family is employed by the Oshawa Group Limited. -2- DEPUTATION Acting Mayor paisley fanvary introduced Miss Lori Lococo who expressed concern regarding the lack of warning lights at the railroad crossing on Morris Road between Carl and Biggar Road. Miss Leeore stated that in 1971 her great uncle had been struck by a train st that crossing and indicated that since that time, there has been an increase in the traffic in that area and stated that she was requesting that Council investlgate the matter and bring back a repofi with respect to warning lights being installed at the Morris Road crossing. ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that the matter be referred to staff for a further ropeft. Carried Unanimously. Acting Mayor Paisley Janvary introduced Miss Cathy Scott, an antique dealer on Lundy's Lane, who referred to the payment of a $500.00, non-refundable liraage fee prior to opening her antique business. Miss Scott stated that Council should consider the attributes of small businesses, and that business should be promote~l and not discouraged in Niagara Falls. The City Clerk stated that this licenee fee is charged to businesses who are not on the assessment roll for business assessment for the current year. The City Clerk indicated that the liccnce fec would be deducted from the business taxes during the year in which the licerice is issued, but that there was no provision in the By-law for payments to be made on a graduated scale over a period of time. The City Solicitor indicated that the transient llceace is not in place only to protect the City regarding the collection of business taxes, but also to protect businesses who have appealed to Council to ensure that there is a competition fee in order that they are not at a disadvantage where costs of doing business in the City are concerned. ORDERED on the motion Alderman Cummings, seconded by Alderman Hendemhot, that the matter be referred to staff with a report back in three weeks time. The motion Carried with Aldermen Puttick and Susin opposed to the motion and with all othem voting in favour. -AND- Report CD-9245 - Chief Administrative Officer - Transient Trader By-law 76-102, Schedule 25. The repea recommends that this rapoff be received and iliad for information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and filed for information. Carried Unanimously. Acting Mayor Paisley Janvary introduced Mar. Paul Darby who addressed Council and referred to a meeting of October, 1990, which was held on behalf of the residents of Westwood Subdivision regarding a land severance issue. Mr. Darby stated that Council, at that time, had supperiod the residents regarding the rezoning, and requested that Council approve the hiring of a planner to attend the OMB hearing on April 24, 1992 and speak on behalf of the residents and the City. Discussions were held with respect to the type of severance involved; lot sizes; lot frontages; costs to the City regarding the hiring of a Planner. ORDERED on the motion of Alderman Puttick, seconded by Alderman C-ermano, that the Solicitor be instructed to withdraw from the OMB heating. The motion was ~f~ted with the following vote: AYE: Aldermen (Sermano, $usin, Puttick and Ward. NAYE: Aldermen Cowan, CBmmingS, Fisher, Hendershot, Shetar and Off. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that. n? further action be taken. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Fisher, Hendershot, Shefar and Off. NAYE: Aldermen cormann, Puttick, $usin, and Ward. -3- IMor to attending to the next item of business, Alderman Ward referred to motions in the Minutes of March 2:t, 1992, under New Business, and addressed the mutter of reconsideration of the application by QEW Mount Properties Inc., and the content of the motions. Alderman Ward stated that the intention had been not to reopen the Planning meeting, since no fu~her evidence was being submitted only to reconsider the vote of Febnlary 10, 1992. The City Solicitor indicated that if Council wished to hold another public debate, it would require another public notice. ORDERED on the motion of Alderman Ward, to rescind Council's vote of February 17, 1992; the motion did not can'y as there was no seconder to the motion. Report PD-92-24 - Chief Administrative Officer - Re: Official Plan & Zoning By-law Amendment Applications OPA No. 207 and AM-2/92; Q.E.W. Mount Properties Inc., Southwest comer of Mountain and Mewburn Roads. Ms. Charlone Scheuneman, Smith, Lyons, Torrance, Stevenson and Mayer, addressed Council on behalf of the 0shawa Food Croup and re-iterated their previous position of February 10, 1992 and further indicated why the application should not be appreved. Acting Mayor Paisley Janvary thanked Ms. Scheuneman for her submissions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that Mr. Tom Richardson, Sullivan Mahoney be permitted to address Council. Carried Unanimously. Mr. Tom Richardson addressed Council on behalf of the Mount Forest Condominlum residents and referred to the following mattera: property previously designated residential, which was later changed to tourist commercial designation; referred to the Ministry of Transport correspondence regarding no access permitted to Mountain Road, only access to the property would be Mewburn Road; requested that Council ralnltiata the Public meeting process with full adequate notice; Council should determine what the information is regarding the Ministry of Transport; referred to access/entrance being located elsewhere; location of building; design of buffering. ORDERED on the motion of Alderman Cummings, seconded by Alderman Bendershot, that Mr. Victor Murato~, Sullivan Mahoney be permitted to address Council. Carried Unanimonslv. Mr. Victor Muratori discussed the issue of the Planning Act process, referred to the method of notification and manner of dealing with the application; referred to Rules of procedure; indicated that Council does not have the power to deal with the issue of the Price Club and if Council did, it would be doing so at their own risk. ORDERED on the motion of Alderman Henderehot, seconded by Alderman err, that Mr. John Rodey, of Mountainview Homes be permitted to address Council. Carded Unanlmously~ Mr. John Rodey addressed Council on bchalf of QEW Mount Properties, and stated the access and location of the site on QEW is a more favoureble site for commercial or an office type of development; indicated the access from Mountain Road would be a condition of rezonlng; that buffering and landscaping and site plan agreement would be a condition of fezcuing. Mar. Rodcy aise responded to questions respecting the concerns of residents with regard to fencing on the site. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that Mar. Nicholas Basciano be permitted to address Council. Mr. Nicholas Baselane responded to the concerns expressed regarding exits onto Mountain Road and indicated that it would be a condition of appwvul, and stated that the entrance would be from Mewburn Road. In addition, Mr. Baaciano referred to the possibility of the Price Club locating elsewhere if faced with a pwtracted hearing based on other than planning issues. -4- There being no further discussion, it was ORDERED on the motion of Alderman Hendesshot, secondeA by Alderman Off, that proper notice under the planning Act be given to hold a formal public meeting. The motion Carrie~. with Alderman Puttick absCalnlng fi'om the vote on a conflict of interest previously noted and with all others voting in furour. -AND- Communication No. 120 - Mr. Vattovaz - 2839 Lalemont Road - The commudication indicates support Council's decision not to allow the building of a Price Club at Mountain & Mewbum Roads. Communication No. 121 - Mountainview Homes - The communication provides information and clarification with respect to the Price: Club and concerns of the residents. Communication No. 122 - Ministry of Transportation - The communication provides a brief outline of the process and main issues involved with respect to adjusting the CAH designation limits at an interchange. Communication No. 123 - Sullivan, Mahoney - The communication provides a legal opinion regarding Notice from the City Clerk re: Price Club. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the correspondence be received and filed. Carded Unanimously. COMMUNICATIONS Communication No. 124 - The Corporation of the Township of Muskoh Lakes - The communication advises of the report of the French Language Education Governance Advisory Group. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that Council supports the resolution. The motion Carded with Alderman Puttick voting contrary to the motion and with nil others voting in fayour. Communication No. 125 - Niagara South Board of Education - The communication requests that confirmation be given of the appointment of Mr. Chris Biasueci to represent the Niagara South Board on the Niagara Falls Public Library Board. ORDERED on the motion of Alderman Off, seconded by Alderman Shetar, that the recommendation be approved. Carded Unanimously, See By-law No. 92-77 Communication No. 126 - City of Etoblcoke - The communication expresses concern regarding proposed amendments to the Provincial Municipal Conflict of Interest Act, ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that an ad hoe committee be established to deal with the conflict of interest legislation and that Alderman Hendershot be appointed to Chair the ad hoe committee. Carded Unanimously. It was further noted that the Chief Administrative Officer and the City Solicitor be requested to sit on the committee. Communication No. 127 - The Niagara Parks Commission - The communication requests permission to hold the Annual fireworks display on Wednesday, July 1, 1992 in the lower Niagara Gorge. ORDERED on the motion of Alderman Ward, seconded by Alderman CurtimingS: that the request be received and adopted subject to established policy. Carded Unanimously. Communication No. 128 - Greater Niagara General Hospital Foundation - The communication requests that a banner, which will reed "SUPPORT THE ONOH CAT SCAN CAMPAteN" be bung at a strategic location in the City from mid-April to mid-May to aid in the campaign for a Cat Scanner. ORDERED on the motion of Alderman Hnndershot, aeconded by Alderman Cummings, that the ~equest be received and adopted subject to established policy, CIgrlod Uusnlmousty, -5- MAY-92-85 - Chid Administrative Officer - Re: Quotation #37-92, Submission for conducting a Geetechnical Investigation and Preparing an Engineering Report for the City of Niagara Falls; 1992 Sewer Construction Program. ORDERED on the motion of Alderman Cowan, seconded by Alderman Off, that the report be received and adopted. Carded Unanimously. Acting Mayor Paisley Janvary received a negative response to her request for comments from persons who were interested in the reports regarding reduction and refund of taxes. CD-92-29 - Chief Administrative Officer - Re: Reduction and Refund of Taxes, Section 443 Municipal Act; T.O. Bright Limited - 4797 Dorchester Road. The report recommends that a refund of taxes mounting to $689.13 for 1989 and $760.95 for the year 1990 be made to T.O. Bright Limited. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and adopted. Carded Unanimously. CD-92-30 - Chief Administrative Officer - Re: Reduction and Refund of Taxes, Section 443 Municipal Act; Helga & James Campbell - 4889 Armoury Street. The report recommends that a refund of taxes amounting to $343.60 for 1990 be made to Halga & James Campbell. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and adopted. Carded Unanimously. CD-92-31 - Chief Administrative Officer - Re: Reduction and Refund of Taxes, Section 443 Municipal Act; Joseph & Gestrude Miszk, R.R. #3, Niagara Falls. The report recommends that a refund of taxes amounting to $1 ,044.56 for 1989 and $1,136.08 for the year 1990 be made to Joseph & Gertrude Miszk. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and adopted. Carded Unanimously. CD-92-32 - Chief Administrative Officer - Re: Reduction and Refund of Taxes, Section 443 Municipal Act; Astro Transmission, 5796 Valley Way. The report recommends that a refund of taxes amounting to $260.33 for 1990 be made to Astru Transmission Ltd., 5796 Valley Way. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the re~rt be received and adopted. Carded Unanimously, CD-92-33 - Chief Administrative Officer - Re: Reduction and Refund of Taxes, Section 443 Municipal Act; Rolls Continental Dining. The repo~ recommends that a refund of taxes amounting to $167.29 for 19~0 be made to Rolf's Continental Dining. ORDERED on the motion of Alderman Off, seconded by Alderman Cowan, that the report be received and adopted. Carded Unanimously. 5,92-16 - Chief Administrative Officer - Re: Open Local Government; Dcai~ Legislation. The report recommends for the information and direction of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Off, that the report be referred to the Ad Hoc Committee. Carded Unanimously, 5,92-18 - Chief Administrative Officer - Re: Amendments to The Smoke Detector By-law. The report recommends that the Smoke Detector By-law No. 83-133 be amended to enable the Fire Department to better enforce fire prevention regulations and thereby increase the level of safety for the citizens. ORDERED on the motion of Alderman Off, seconded by Alderman Hendin'shot, that the report be received and adopted. Carded Unanimously. -6- F-92-16 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $355,400.51 for the period ending April 6, 1992, be approved by the passing of the by-law appearing later on the agenda. ORDERED on thn motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carded with Aldermen Cummings and Hendershot abstaining from the vote on Cheque Nos. 76894, and Cheque No. 76875 respectively, on conflicts of interest previously noted and with Alderman err voting contrary on Cheque No. 76825 and with all othem voting in fayour. See By-law No. 92-78. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that leave be granted to introduc~ the following by-laws, and the by-laws be read a first time: 92-74 A by-law to authozizo the execution of an agreement with Susan Dunlop. 92-75 A by-law to amend By-law No. 91-302, being a by-law to authorize the benowing by-law. by-law. 92-76 A by-law to amend By-law 83-133 (Smoke Detector By-law). 92-77 A by-law to amend By-law 91-288, being a by-law to amend By-law No. 91-287 providing for appointments to Boards, Commissions and Commit~es. 92-78 A by-law to authoriz~ monie~ for General Purposes (April 6, 1992). The motion Carried with Aldermen Cummings and Hendershot abstaining from the vow on Cheque Nos. 76894, and Cheque No. 76875 respectively, on conflicts of intarest previously noted and with Alderman Off voting contrary on Cheque No. 76825 and with all others voting in fayour. Carried Unanimously. ORDERED on the motion of Alderman Off, seconded by Alderman Commings, that the following by-laws be now read a second and third time: 92-74 A by-law to authorize the execution of an agreement with Susan Dunlop. 92-75 A by-law to amend By-law No. 91-302, being a by-law to authorize th~ borrowing by-law. 92-76 A by-law to amend By-law 83-133 (Smoke Detector By-law). 92-77 A by-law to amend By-inw 91-288, being a by-law to amend By-law No. 91-287 providing for appointments to Boards, Commissions and Committees, 92-78 A by-law to authorize monies for Central Puq}oses (April 6, 1992). The motion Carried with Aldermen Cummings and Hendershot abstaining from the vote on Cheque Nos. 76894, and Choclue No. 76875 respectively, on conflicts of interest previously noted and with Alderman Off voting contrary on Cheque No. 76825 and with all other~ voting in fayour. NEW BUSINESS EnvironmenWl Assessment ProSeam Alderman Off referred to the Public Workshop roga/~lng the Environmental Assessment Program which Council is invited to attend on April IS, 1992. -7- Conventions Alderman Puttick statexi that the Co-ordinating Committee to obtain conventions will be holding their first meeting on Thursday, March 9, 1992 at 4:30 p.m. The Director of Parks & Recreation referred to a convention celebrating the 50th Anniversary of the Ontario Municipal Recreation Association (OMRA) and stated that a formal notice will be forthcoming to members of Council. Rural Roads Alderman Hendershot questioned the Director of Municipal Works when grading of niral roads would commence. The Director of Municipal Works responded by stating that once the frost was out of the ground that grading would probably begin withit the month. Letter of Condolence ORDERED on the motion of Alderman Germane, seconded by Alderman Off that a letter of condolence be sent to the family of the late Barbara Frumm. Cartled Unanimously. Parkira! Lot Clean Alderman Germane referred to the condition of the parking lot at the King Edward site with regards to the stones, mud and large holes and indicated that compeerion to the site should be done. The Director of Buildings & Inspections indicated that once the frost is out of the ground that the mater would be dealt with. Niaaara Falls Thunder Alderman Cummings referred to the 4-1 series win of the Niagara Falls Thunder team and requested support for the Thunder team. Welcome Back Alderman Cummings welcomed Alderman Puttick back to Council aRer being away on vacation for the past three weeks. Mayor's Prayer Breakfnst Acting Mayor Paisley Janvary requested that everyone purchase tickets to the Mayor's Prayer Breakfast. Recycling Trucks Alderman 8usin referred to the matter of purchasing two recycling tracks and indicated that he had requited that a re4~rt be submitted regarding costs. The Director of Municipal Works responded that a full report would be brought forward to Council on April 27, 1992, with respect to costs and what other municipalities are doing with regard to recycling. The Director of Municipal Works further indicated that Council had voted only to tender to purchase the trucks. -8- Hosdital Board MeetinR Alderman Cummings referral to an invitation to Mr. Cartor and Mr. Diston to attend a Council meeting and address the issues raised by concerned citizens regarding hospital matters and it had been decided that there would not be a n¢~l to hold a meeting in open Council sinc~ there would be an annum Hospital Board mc~ting in lure and that everyone was wglcomo. Cat Scan Alderman Fisher stated that the Chippawa Lioness' are selling CAT SCAN buttons and 6veryone is welcome to purchase them. Special Meetinl! Alderman Puttick referred to m~tings being held regarding Council's decision on the City dump, and questioned whether Council would be changing their decision. It was indicated by the Chief Administrative Officer that there are meetings preseatly being held regarding opposition to the landfill site, but that a special meeting has been scheduled in May regarding the 10 bag limit. SIXTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 April 13, 1992 Counc~ met on Monday, April 13, 1992 st 7:00p. m., in Committee of the Whole. All members with the exception of His Worship Mayor Thomson, who was on vacaton, were present. Alderman Fisher presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. ED SHERAR, ACTING MAYOR PLANNING MEETING Council Chambers April 13, 1992 It was moved by Alderman Cummings, seconded by Alderman Ward, that the meeting adjourn. Carried Unanimously. Council met on Monday, April 13, 1992, at 7:30 p.m., for the purpose of considerlng Planning Matters and Regular Buslness. All members of Council with the exception of His Worship Mayor Thomson, who was on vacation, were present. Acting Mayor Ed Sherat presided as Chairman. READ AND ADOPTED, PAISLEY JANVARY, ACTING MAYOR i CONFLICTS OF INTEREST Alderman Henderhsot declared a conflict of interest on Report HR-92-03, because his son is employed by the company. Aldermen Hendershot and Janvary declared conflicts of interest on Cheque No. 77001, because the Board of Education is their employer. Alderman Susin declared a conflict of interest on Report CD-92-37 (Cemeteries) and on By-law No. 92-81, because he owns burial plots. Alderman Germano declared a conflict of interest on Cheque No. 76936 because a member of her family is employed by the company. REPORTS - PLANNING MATTERS PD-92-44 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM-6/92, City of Niagara Fails, MoRtrose Business Park, Southwest corner of Brown and Montrose Roads. The report recommends the following: 11 That Council support the Zoning By-law amendment for the MoRtrose Business Park lands which establishes more contemporary zoning standards that reflect the changing trends in the industrial market place; 2) That the subject lands be made subject to Site Plan Control and that the final amending by-laws be prepared for enactment at s subsequent Council meeting; 3) That the Regional Municipality of Niagara be advised accordingly. - AND - Communloation No. 129 - Regional NIagara Planning & DevelolNnent Department - The communication indicates having no objections to the application. -2- -3- Communicab~n No. 130 - Soda/Planning Council of Niagara Falia- The communication expresses concerns regarding the land being/n a flood zone, and the environmental affect flooding would have on businesses that could be located in this area. The communication further indicates that no negative social impacts were found. Communication No. 131 - CN-Englneeffng Services - The communication indicates having no objection to the proposal. Communicab~n No. 132 - Niagara Peninsula Conservab~n Authority - The communication advises having no objections to the amendment, provided that the lands below the 100 year flood elevation, as generated, be placed in a "Hazard Lands · zone, in accordance to Provincial Floodplain Policy. Acting Mayor Ed Sherat declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. The D/rector of Planning and Development advised that the Notices of the Public Hearing had been circulated 30 days in advance of the public meeting. Acting Mayor Ed Sherat 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 lands with the ass/stance of posted sketches and indicated that the zoning by-law amendment would provide for prestige, service- oriented industrial uses and business park development. There was a negative response to Acting Mayor Sherar's request for comments from persons, other than the applicant or his agent, in support of the application, and a negative response from persons opposed to the application. There being no further discussion, Acting Mayor Ed Sherat declared the Public Meeting with regard to Application AM-6/92 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD-92-45- Cbiaf Adminisb~ative Officer-Re:Zoning By-law Amendment Appllcation AM-5/92, 722684 Ontario Ltd., 7000 McLeod Road. The report recommends the following: Ii That the application to establish a billiards haft as · permitted use in the McLeod Plaza, located on the south side of McLeod Road betwear/ Dorchester Road and Jubilee qrive, be approved; 2) That the amending by-law be prepared for enactment at a subsequent Councll meeting; 3) That the applicant, the Social Plann/fig Council and the Regional Municipality of Niagara be advised of Council's dec/s/on. -AND - Communication No. 133- Regional Niagara, Planning end Devdopment Department- Regional Public Works Department - The communication advises having no objections to the lands remaining zoned General Commercial (GC) with site specific provisions to be added in order to permit a bill/erda hall. Communlcab~n No. 134 - Niagara Peninsula Conswab Authority - The communication advises having no objection to the proposed amendment to the zoning by-law. Communication No. 135 - F. Wunovi~h, 696? Mc~eod Road. The communication expresses opposition to the proposed billiards hall. Communication No. 136 - Social Planting Coun~ of Niagara Falls - The communication advises that no negative sodel lmpacte are recognized at this time, and recommends that the hs/I be men/toted and regulations be implemented, Communication No. 137 - CN - Engineering Sea. The communication advises having no object/on tO the proposal. Communication No. 138 -/HANDOUT) - D. I/life, 7005 Sunhaven Drive - The communication expressed concern with regard to loitering and indicated that a billlard hall is the wrong choice in a family neighbourhood. Communication No. 139 - (HANDOUT/- A petition from concerned citizens expressing objections to the proposed billiard hall at 7000 McLeod Road. Acting Mayor Ed Sherar declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. The D/rector of Planning and Development advised that the Notices of the Public Hearing had been circulated thirty days in advance of the public meeting. Acting Mayor Ed Sherar received indication that Mr. Duncan Cameron, 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 D/rector of Planning and Development discussed the subject lands with the ass/stance of posted sketches; and reviewed the following information included in Technical Report No. PD-92-36; Background; Official Plan; Land Use Compatibility; Nature of the Zone Change; Comments from the Public Notification Process; Licencing; Impact. Acting Mayor Ed Sherar 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. Bob Arnold, 6997 Sunhaven Drive, expressed concerns regarding loitering; parking problems; broken fences, damage to private propertW high volume of traffic; increase in noise. Mr. Arnold submitted a petit/on from residents expressing opposition to the proposed billiards hall. Mrs. Amends Hughes, 6965 Sunhaven Drive, expressed concern with respect to property damage, enforcement of rules and regulations in the billiards hall and the type of individuals who would be frequenting such an establishment. Mr. J. Hermoza, 7490 Redhaven Crescent, advised that he would be leasing one of the units in the plaza for the proposed billiards hall, and indicated it was to be a family-run, family oriented business. Mr. Hermoza referred to the enforcement of rules regarding foul language, restrict/on of students during school hours, and alcoholic beverages. Mr. Duncan Cameron, 11 Norris Place, St. Catharines, indicated that the b/l/lards hall would be situated next door to an existing business being operated by Mr. Hermoza. Mr. Cameron referred to the relocation of garbarge bins to accomodate the concerns of neighbours; new lighting for the parking lot, the family type of atmosphere in the billiards hall, use of larger windows for v/sabllity and the implementation of rules. Since no further comments were forthcoming, Acting Mayor Ed Shetar declared the Public Meeting with regard to Application AM-5/92 closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Off, that the application be approved. The motion Carried with Alderman Puttick oppo.sed to the motion and with all others voting in favour. PD-9246 - Chief Adminiatra~ve Officer - Re: Zoning By-law Amendment Application AM-4/92, Our Saviour Lutheran Church, 7205 Sharon Ave. The report recommends the following: I) That Council support the amendment to the Zoning By-law for an existing dwelling on s newly created parcel and single detached dwellings to be built on five vacant registered lots; 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. ..,4 -4- - AND - Communicab~n No. 140 - Regional Niagara, Planning and Development Deparltnont - Regional Public Works Degartmont - The communication advises having no objections to the application. Communicab~n No. 141 - Niagara Peninsula Conservab~n Authority- The communication advises having no objections to the application. CommunicatiOn No. 142 - Sodal inning Counc41 of Niagara Fage - The communication advises that no negative social impacts were found concerning the zoning amendments and that all members of the Mayor's Committee on Housing are in favour of using this land for resident/a/purposes. Communicab~n No. 143 - CN - Engineering Services - The communication advises having no objections to the proposal. Acting Mayor Ed Shetar declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. The D/rector of Planning and Development advised that the Notlces of the Public Hearing had been circulated thirty days in advance of the public meeting. Acting Mayor Ed Sherar received a positive response to his request for a show of hands by persons present who were interested in the appl/cat/on. 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 D/rector 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-92-39; Background; Nature of the Zone Change; Compat/bllity; Comments from the Public Not/f/cat/on Process; Site Plan Review. Acting Mayor Ed Shetar received e 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. The D/rector of Planning and Development advised that parking provisions would be re-oriented and indicated this would require site plan approval. Since no further comments were forthcoming, Acting Mayor Ed Sherat declared the Public Meeting with regard to Application AM-4/92 closed. ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Cummings, that the appl/catlon be approved. Carried Unan/mouslv. PD-92-47 - Chief Adminia~rative Officer - Re: Off/c/el Plan & Zoning By-~iaw Amendment Applications O.P.A. No. 208 end AM-35/91, 81hie Baptist Church, 9764 Upper's Lane. The report recommends the following: That Council support the Official Plan and Zoning By-law amendment applications to recognize the current use of the lands and to permit the construct/on of several additions, subject to conditions (aJ through if) of the report; 2l That the applicant and the Regional Municipality of Niagara be advised accordingly. CommunlceUon No. 144 - Regional Niagara, inning end Development Department - Regional Public Worka Depaztment - The communication advises having no objections to the amendment. Communication No. 145 - Niagara Peninsula Conserveglen Authority - The communication advises having no objections to the application. CommunlceUon No. 146 - Ministry of Agriculture end Food - The communication 'advises es not being opposed to the approval of the amendments, CommunlceUon No. 141 - CN - Engineering $efvines. The cemmunlcet/on advises having no object/on to the proposal, -5- Acting Mayor Ed Shetar 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 circulated thirty days in advance of the public meeting. Acting Mayor Ed Shetar received indication that Ms. Barbara Wiens, Planning Consultant, 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-92-40; Planning Review; H/story; Description of the Proposal; Nature of the Official Plan Amendment; Regional Niagara Policy Plan; Proposed Additions; Nature of the Zone Change; Impact; Comments from the Public Notification Process; and Site Plan Control. Acting Mayor Ed Sherat 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. Brugman, 6304 Ker St., expressed concerns regarding the constant dust from vehicles travelling on the gravel road; unsupervised children playing near his pond and machinery, and to the proposed additions to existing buildings. The Director of Planning and Development responded to questions regarding offsite drainage, wells being affected, provision of water and private waste disposal systems, servicing of lands. Ms. Barbara Wiens, Hynde, Paul & Associates, discussed the City's new Official Plan and the designation of lands; the continued use of the lands for a place of worship; referred to amendments to the zoning by-law allowing the expansion to the sactuary, office space and school. The Director of of Plannlng and Development advised that drainage and servicing concerns would be subject to site plan review, and responded to questions with respect to the expansion of school facilities. Since no further comments were forthcoming, Acting Mayor Ed Sherat declared the Public Meeting with regard to Application AM-35/92 closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the application be approved, and it was further recommended that the residents be included in the site plan process, and that no expansion of the school be permitted. Carried UnanimousIv. PD-92-49 - Chief Adminlatrative Officer - Re: Official Plan & Zoning By-law Amendment Applications O.P.A. No. 209 and AM-3/92, 601584 Ontario Ltd., Southwest Corner of McLeod Road and Alex Avenue. The report recommends the following: I) That Council support the amendments to the current Official Plan to change the designation from Tourist Commercial to Residential and to the newly adopted Official Plan to change the des/gnat/on "from Minor Commercial to Residential; 2) That Council not support the amendment to the Zoning By-law to Permit the develoPment of a 92 unit townhouse project at a density of 46 units per hectare; 3) That alternatively, Council consider supporting an amendment to the Zoning By-law to permit the development dan 80 unit townhouse project at a density of 40 units per hectare, subject to the inclusion of provisions in the amending by-law requiring the following: (a) minimum building setbacks of 9m along the site's entire southerly boundary; (b) prohibiting any dwelling units from backing onto McLeod Road or Alex Avenue; -6- - 7- 4l That development charges be paid to the City which are in place at the time of development; That the property be maintained under Site Plan Control to ensure the lands are developed in a sensitive and compatible manner and that the amend/nO by-laws be prepared for enactment at a subsequent Council meeting; 6) That the applicant and the Regional Municipality of Niagara be advised accord/hOly. - AND - CommunicatiOn No. 148 - Regional Niagara Planning and Development Department. The communication advises having no objections to the proposal Communicab~n No. 149 - Regional Public Works Department. The communications advise as having no objections to the proposed amendments. Communication No. 150 - Niagara Peninsula ConservatiOn Authority. The communication advises as having no objections to the application. Communicab~n No. 151 -Joyce Morocco, 7352 Lakewood Crescent/and Pe~b~n. The communication and Petition expresses opposition by the citizens of Drummond Park V/l/age to the amending of the City's Off/c/el Plan and Zoning By-law. Communicab~n No. 152 - Mr. & Mrs. K. Robertsen, 7340 lakewood Crescent. The communication expressed the follow/nO concerns regard/nO the zoning amendment and construction of the 92 unit Townhouse project: population density; additional noise factors; lack of personal and surrounding property privacy; school over-crowding;/nedequate recreational/park facilities; overall decrease to property value; increase of crime/vandalism. Communication No. 153 - Glen and Sharon Dow, 6123 Tr#71ium Crescent. The communication expresses opposition to the rezoninO of lands on the Southwest corner of Mcleod Road and Alex Avenue from Tour/st Commercial to Residential Multi Family. Communicab~n No. 154 - K. R. Jennings, 5909 Cdmaon Drive. The communication expressed concerns regarding children from the townhouse complex cross/nO McLeod Road; park/nO stalls and cars be/nO a danger to children playing nearby. Communicab~n No. 155 - Sodal Planning Council of Niagara Falls. The communication indicates support for resident/el development. Communicab~n No. 156 - CN - Enginee~hg Serw~es - The communication advises having no objections to the proposal Communlcatl~n No. 157- (HANDOUTI - non Joncas, Broker, RE/Max Cataract Q'ty Realty (199 l J Ltd. - The communication advises that the change in zoning may have a negative effect to the abutting property owners for the following reasons: less privacy for abutting property owners, higher volume of traffic in a townhouse complex; longer marketing period. when selling · home resulting/n a Possible lower selling price; with a commercial property be/nO located there, the rear of the building, which faces these Properties, is used mainly between the hours of Acting Mayor Ed Sherat declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. The Director of Planning end Development advised that the Notices of the Public Hearing had been circulated thirty days in advance of the public meeting. Act/nO Mayor Ed Sherat received indication that Mr. Bob O'DelI, from the firm of Miller, O'Dell was/n attendance on behalf of the applicant; end 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 not/ca 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-92-43; Planning Review; Background; Current Official Plan; New Official Plan; Nature of the Zone Change; Comments from the Public Not/f/cat/on Process; &'te Ran Control .I Acting Mayor Ed Sherer 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. Sam Rotella, 7358 Lakewood Crescent, expressed concerns regarding minimal impact of commercial development; negative effect on resale of homes; additional 92 units would increase the number of children in the area. Mr. Rotella stated that there should be an equal distribution of townhouses; and urged the developers to rethink their position. Mr. Jim Ker/c, 7298 Lakewood Crescent, indicated that he was not opposed to the concept of multi-dwellings but that he was concerned about the issue of density. Mr. Keric referred to the future potential of the property and high volume of traffic on McLeod Road. Ms. Susan Ume, 5811 Aspen Court, expressed concerns regarding the present overcrowding in schools, the lack of adequate parks in the subdivision and requested that Council deny the application. Mr. Bob O'DelI, Miller, O'Dell & Paul, indicated his concurrence with staff recommendations save and except the zoning by-law regarding the matter of 92 units, referred to excerpts of the City of Niagara Falls Proposed Official Plan, and discussed residential low density, group multiple dwellings zone; referred to the amended site plan; density; mix of units; and responded to questions regard/nO a recreational building. The Director of Planning and Development responded to questions regarding density; and traffic studies. The Solicitor responded to questions regarding matters brought before the Ontario Municipal Board and advised that staff would be required to hire a Planner to provide planning evidence before an Ontario Municipal Board hearing and further, that costs could be awarded against the City, if no planning evidence was provided. Since no further comments were forthcoming, Acting Mayor Ed Sherer declared the Public Meeting with regard to Application AM-3/92 closed. ORDERED on the motion of Alderman Orr, seconded by Alderman GermanD, that the application be denied. The motion Carried with Alderman Puttick voting contrary to the motion and with aft others voting in favour. PD-92-51 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval Carol Extension Subdivision 26T-88035. The report recommends the following: I) That a Council resolution supporting a one year extension to the Carol Extension 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 dec/s/on be forwarded to the Regional Municipality of Niagara, and to Mr. and Mrs. R. Matovic. ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the application be approved. The motion Carried with Alderman Janvary voting contrary to the motion and with all others voting in favour. See Resolution No. 24. Acting Mayor Ed Sherat declared a l O-minute adjournment at 10:15. Following the recess, Council reconvened at 10:25 p.m. in the Council Chambers. -8- -9- REGULAR COUNCIL MATTERS ADOPTION OF MINUTES ORDERED on the motion of AIderman Orr. seconded by Alderman Hendershot, that the minutes of the Regular Council Meeting of April 6. 1992 be adopted as printed. Carded Unanimously. DEPUTATION Mr. Brian Sinclair. Sinclair Crow., discussed the purchase of property by Mr. Rizzo from the Becker Milk Company, and referred to Section 4.29 of By-law No. 79-200; and the use of the property as an automotive repairs garage. Mr. Sinclair indicated that the property had been vacant and derelict for quite some time and that Mr. Rizzo's intent was to renovate and improve the property, and create employment. Mr. S~clalr requested that Council permit the use of the property as a repair garage. The Solicitor stated that the legal non-conforming use had ceased and that any proposed use would require a zoning by-law amendment. Mr. Dominic PaDhesse. Real Estate Agent, advised that neighbour/ng businesses were in favour the auto repair business. Following further discussion, it was ORDERED on the motion of Alderman Jan vary, seconded by Alderman GermanD, to recognize the use of the property for · repair garage. Carried Unanimously. RA TIFICA TION OF COMMITTEE OF THE WHOLE ACTIONS: ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the area from Stanley Avenue and Marineland Parkway along McLeod Road including Pin Oaks Drive, be designated as Tourist exempt and further that the Solicitor be authorized to make the Application. Carried UnanimousIv. Alderman Susin left the meeting with the permission of the Chairman. UNFINISHED~USINESS CD-92-37 - Chief Administrative Officer - Re: Increase in Fees for~ Services provided by the Municipality. The report recommends that this report be received and filed for icformation purposes. ORDERED on the motion of Alderman Hendershot. seconded by Alderman Off, that the report be received and filed. The motion Carried with Alderman Susin declaring a conflict of interest previously noted and with all others voting in favour. See Bv-law No. 92-81 See Bv-law No. 92-82 COMMUNICA TION9 Communication No. 158 - (HANDOUT) Intetvin. International Wine Festival - Re: F/reworks Display. The communication requests that Council approve a 22-m/nut. fireworks display over the Falls on Saturday, May 9th, 1992 at approximately 9:00 p. m, ORDERED on the motion of Alderman Hand. robot, seconded by Alderman Ward, that the request be approved subject to established policy. Carried Unanimously. ' B-92.24 - Ctdef Adm~isltative Offtar - Re: The Buildings & Inspections Department Report for March, I992. The report recommends that this report be received end f/led. ORDERED on the met/on of Aldermen Cummings, seconded by Aldermen Off, that the report be received and filed. Carried Unsnimoualv. B-92-26 - Chief Administrative Officer - Re: Sign Application, Tivoli Miniature World; 5930 Victoria Avenue. The report recommends that City Council approve the application for a wall sign having a combined area of 300 square feet for Tivoli Miniature World on the east side of the building at 5930 Victoria Avenue. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. RA TIFICA TION OF MUNICIPAL WORKS COMMITTEE ACTIONS: ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the follow/rig actions taken by the Municipal Works Committee, earlier this evening, be approved: tl 2i MW-92-89 - Disposal of Demolition Waste from 4767 Queen Street - That this report be received and filed for information and that Council be advised on the status of the invoice in 60 days. MW-92-84 ~ High Pressure Hydraulic Cleaning of Sewers and Culverts - It was moved by alderman Puttick, seconded by Alderman Off. that the recommendation of staff be approved Permission for Waiving of Tipping Fees - It was moved by Alderman Cowan, seconded by Alderman Ward, that permission be granted to waive tipping fees for Niagara recycling, Salvation Army, City Buildings and contract works for the Fire Department Administration Building and that any additional requests be referred to the Waste Management Sub-committee for consideration, and be referred to Council for approval. Correspondence from the Municipal Transportation Energy and Efficiency Advisory Committee. It was moved by Aldermen Orr, seconded by Alderman GermanD that Joe Gruninger be commended for his efforts in the production of training videos used at the Ontario Good Roads Conference, held in February, 1992. Carried Unanimously, HR-92-03 - Chief Administrative Officer - Re: Employee Recognition Night. The report recommends that Council authorize an Employee Recognition Night to be held on November 14, 1992 and as well, an expenditure of ~2,000 towards operating costs. ORDERED on the motion of Alderman Cummings. seconded by Alderman Fisher. that the report be received and adopted. Carried Unanimously. F-92-17 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling ~542,347.69 for the period ending April 13, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque No. 76906. ORDERED on the motion of Alderman Cowan, seconded by Alderman Off, that the report be received and adopted. Carried Unanimoualv. See By-law Nqt ~2-(14 RESOLUTION No. 24 - ORR, HENDERSHOT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby supports a one year extension of draft plan approval for the Carol Extension Subdivision (File No. 26T-88035), conditional upon the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements; AND the Seal of the Corporation be her. to affixed. The motion Carried with Alderman Janvary voting contrary to the motion and with aft others voting in favour. ORDERED on the motion of Alderman Hand. robot, seconded by Alderman Cummings, that leave be granted to introduce the following by.laws, and the by-lews be read a first time: 92-79 A by.law to amend By-law No. 79-200, as amended. (AM33/9~, Beavervalley Subdivision). - 10- 92-80 A by-law to amend by-law No. 79-200, as amended (AMI/92, Orexis Holdings Ltd. I 92-81 A by-law to amend By-law No. 87-87, being a by-law regarding cemeteries. 92-82 A by-law to establish Ice Rental Rates for City Arenas. 92-83 A by-law to amend By-law No. 83-161, being a By-law to prescribe a tariff of fees for the processing of aplTI/cations made inr espect of planning matters. 92-84 A by-law to provide monies for general purposes (April 13, 1992l. The mot/on Carried with Aldermen GermanD, Hendershot, and Janvary, abstaining from the vote on By-law No. 92-84 on conflicts of interest previously noted; and Alderman Susin abstained from the vote on By-law No. 92-81 on a conflict of interest previously noted, and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the following by- laws be now read a second and third time: 92-79 A by-law to amend By-law No. 79-200, as amended. (AM33/91, Beavervalley Subdivision). 92-80 A by-law to amend by-law No. 79-200, as amended (AMI/92, Orexis Holdings Ltd.) 92-81 A by-law to amend By-law No. 87-87, being a by-law regarding cemeteries, 92-82 A by-law to establish Ice Rental Rates for City Arenas. 92-83 A by-law to amend By-law No. 83-161, being a By-law to prescribe a tariff of fees for the l~rocessing of applications made/nr espect of planning matters. 92-84 A by-law to provide monies for general purposes (April 13, 1992). The motion Carded with Aldermen GermanD, Hendershot, and Janvary, abstaining from the vote on By-law No. 92-84 on conflicts of interest previously noted; and Alderman Susin abstained from the vote on 8y-law No. 92-81 on a conflict of interest l;rev/ously noted, and with all others voting in favour. NEW BUSINESS Parklna Alderman Cummings discussed the matter of parking on Dorchester and High Street, across from St. Martin Church, and stated that individuals cannot see the oncoming traffic when exiting from the parking lot due to the parked cars on the street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the matter be referred to the Parking and Traffic Committee. Carried Unanimously. Reeional Budnet Alderman Puttick referred to a newspaper art/de which discussed the matter of increases in Regional salaries, end stated that he would vote against the Regional budget. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that approval be grantedtoproceedpast I1 o'clock. CarriedUnanimously. Cat Scan Alderman Puttick referred to the matter of a Cat Scan for Niagara Falls and indicated that the City should donate H SO, O00 toward obtaining a Cat Scanner. Alderman Cummings and Alderman GermanD indicated that the response from the community has been terrific, that the Cat Scan Campaign has brought the community together and advised that the monies be raised through the community. - 11- It was moved by Alderman Hendershot, seconded by Alderman Ward, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ED SHEPAR, ACTING MAYOR SEVENTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 April 27, 1992 Council met on Monday, April 27th, 1992. at 5:30 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Ward, who was away on business, 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, MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers April 27, 1992 Council met on Monday, April 27th, 1992, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Ward, who was away on business, were present. His Worship Mayor Thomson presided as Chairman. Alderman Fisher offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Sherar, that the minutes of the Special Meeting held March 12th, 1992, and the Minutes of the Planning Meeting held April 13th, 1992 be adopted as printed. Carried Unanimously. Alderman Puttick referred to the Planning meeting of April 13, 1992 regarding Report PD- 92-49; Official Plan & Zoning By-law Amendment Applications OPA No. 209 and AM-3/92, 601584 Ontario Ltd., and Council's decision to deny the application. Alderman Puttick referred to Section 3.3.1 of the Official Plan which had been approved by Council in September, 1991 and indicated that in the New Official Plan, this area would be a Minor Commercial designation, and further that members of Council should have been made aware that the Minor Commercial designation, under the new Official Ran would allow multiple density housing projects. The Chief Administrative Officer indicated that discussions had been held with the Planning Department who will be preparing a further report respecting the Minor Commercial designation. Following further discussions, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherar, that a report be brought back from staff as to the repercussions to the decision of Council and further that the representatives of the residents receive a copy of the report and be invited to Council for their comments. The motion Carried with Alderman Hendershot voting contrary to the motion and with all others voting in favour. - 2- CONFLICTS OF INTEREST Alderman Cummings declared a conflict of interest on Cheque No. 77075, because he is a member of the Association. Alderman Susin declared a conflict of interest on Cheque No. 77061, which is an ongoing conflict regarding Centre Street; and conflict of interest on By-law 92*87 because he is a contractor and doing work in the area. Alderman Puttick declared a conflict of interest on Parking and Traffic Committee Report because a section of the report deals with parking on Colburn Street, which is in close proximity to his residence. Alderman Janvary declared a conflict of interest on Report 92-106, dealing with work being done on Sheldon Street, which is in close proximity to her residence. PRESENTATIONS Brock Wrestline and Basketball Teams His Worship Mayor Thomson, on behalf of the City of Niagara Falls, made a presentation to Mr. Richard Deschateletes, Coach of the Badgers Wrestling team, who had won the Canadian Inter-collegiate Athletic Union Championship (CIAU) in March, 1992 at Brock University, and to Mr. Ken Murry, Coach of the Badger's Men's Basketball team, who had won the Canadian Inter- collegiate Athletic Union Championship (CIAU) in March, 1992 at St. Mary's University, Halifax, Nova Scotia. Mayor Thomson stated that the Wrestling team was the first Brock athletic team ever to win a National championship and then to have the Basketball team win a national championship three weeks later. His Worship Mayor Thomson congratulated the Brock University teams on their achievements and wished them continued success. DEPUTATION Distress Centre Mayor Thomson introduced Mrs. Margaret Elliott, Executive Director, Distress Centre of Niagara who discussed the role of the Distress Centre, which wai to provide an easily accessible, confidential 24-hour distress line, through the use of trained volunteer crisis workers to intervene in life threatening situations. Mrs. Elliott requested Council support the volunteers who provide community services through a grant of $10,500.00. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that Mrs. Elliott be thanked for her comments and further that Council renew their decision not to fund the Distress Centre of Niagara. The motion ~ with the following vote: AYE: Aldermen Cowan, Cummings, Fisher, Hendershot, Puttick, Shetar and Susin. NAYE: Aldermen Craitor, Germane, Janvary, and err. School Crossing Guard Mr. Tony Jamestee, Principal of Valley Way Public School, addressed Council on behalf of concerned families, students and staff members regarding the need for a school crossing guard. Mr. Jamestee referred to the Traffic Study performed by the Parking and Traffic Department on March 25, 1992 and commented on the use of crosswalks by the school children; the centre medium being more of 8 hazard than a safety factor; the ongoing problem of cars blocking the crosswalk area. Mr. Jamestee stated there are serious concerns regarding the safety of children and requested Council's careful consideration of the request. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, to support the request for a School Crossing Guard and further that staff meet with the parents to determine the safest and best route for a crossing guard. Carried UnanimousIv. -3- Stamford Green Drive His Worship Mayor Thomson referred to the Stamford Green Drive & Linden Avenue Questionnaire and the alternatives provided. Mayor Thomson stated it was determined at the site meeting to have a resurvey of the property and it had been suggested that a questionnaire be sent out to determine the feelings of all of the people on the street, and advised when the decision is made it will be an informed decision and in the best interests of the municipality. Mrs. Terriaca, 6639 Stamford Green Drive, referred to the 3 options that had been discussed on previous occasions and indicated that concerns had been expressed by residents of Linden Avenue regarding roadwork. The Director of Municipal Works responded to questions regarding options on the questionnaire, and advised if there were concerns that residents submit their comments on the questionnaire. The Mayor stated everyone would have an opportunity to have a full discussion on all the alternatives. COMMUNICATIONS Communication No. 159 - Skyline Hotels Niagara - Re: Ticketing procedures. The communication requests that Council consider the ticketing procedures for tour buses at the Skyline Foxhead. ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the Commissionnaires be requested to relax ticket efforts and permit buses to park between 11:30 a.m. and 1:30 p.m. Carried UnanimousIv. Communication No. 160 - Crcatian Democratic Union - Re: Croatian Independence. The communication requests that the Croatian Flag be allowed to be raised with the Canadian Flag at 12:00 noon, on May 30, 1992, representing the establishment of Croatian Independence. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be approved subject to established policy. Carried Unanimously. Communication No. 161(a) - Pilot Club of Niagara Falls - Re: Proclamation. The communciation requests that Council proclaim the month of May as "Pilot Club Month in Niagara Falls". ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the request be be approved subject to established policy. Carried Unanimously. Communication No. 161(b) - Ontario Nurses' Association - Re: Proclamation. The communication requests that Council proclaim May 11-17, 1992 as "Nurses 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. 161 (c) - Ontado Provincial Police - Re: Proclamation. The communication requests that Council proclaim May 3, 1992 to May 9, 1992 as "Ontario Special Olympics Appreciation Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that requests 161 be approved subject to established policy. Carried UnanimousIv. Communication No. 162 - Coq~oration of the City of Kingston - Re: Muncipal Conflict of Interest Regulations. The communication requests that Council support a resolution regarding Municipal conflict of interest regulations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the resolution be endorsed. Carried Unanimously. Communication No. 163 - Mr. A.H. Fagan, 6495 Marands Street · Re: Waste Management. The communication requests that Council consider Mr. Fagan's submission to partioipate on a Waste Management Committee. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that Mr. Fagan be appointed to the Waste Management Committee. Carried Unanimous. L~ -4- -5 - Communication No. 164 - John Sewall, Commission on inning & Devdopment Reform in Ontario - Re: Submission Paper. The communication advises of the submission paper on integrating Social Planning in the Land Development Approval Process. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the matter be referred to staff. Carried Unanimously, Communication No. 165 - Town of Fort Ede, Clerk's Office - Re: Resolution. The communication requests that Council support a resolution with respect to preventing the proliferation of armaments by initiating and supporting measures intended to decrease the global arms trade. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherar that the resolution be endorsed and the matter be referred to Margaret Hardngton, MPP, for comments and a report. Carried Unanimously, Communication No. 166 - City of Vancouver - Office of the City Clerk - Re: Resolution. The communication requests Council support a resolution regarding the possible closure of the Fort Erie Race Track. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherat, that the request be forwarded to the Federal Member of Parliament, for comments and a report. Carried Unanimously. Communication No. 167 - Canadian Housing & Renewal Association o Re: Resolution. The communciation requests Council support regarding a resolution on reductions to the Residential Rehabilitation Assistance Program (RRAP) and requests that allocations be restored to the planned level of commitment for 1992 and that the RRAP program improvements be approved expeditiously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the requests be supported. Carried UnanimousIv. Communication No. 168 - David A. Crows, Sinclair, Crows - Re: Outdoor Patio Licence. The communication requests that Council permit an outdoor patio lounge licerice for the Riverside Tavern. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the request be approved subject to the By-laws of the appropriate authorities. The motion Carried with the following vote: AYE: Aldermen Cowan, Germano, Hendershot, Janvary, Orr, Puttick, and Susin. NAYE: Aldermen Craitor, Cummings, Fisher and Sherat. Communication No. 169 - Town of Tillsonburg - Re: Resolution. The communication requests Council support a resolution requesting that the Treasurer of Ontario roll back the sales taxes on alcohol, gasoline and tobacco to alleviate the cross-border shopping problem and to stimulate the economy of Ontario; and to further support a resolution urging the business community to hold a sales tax fax day urging the Premier and Treasurer of Ontario to reduce these taxes. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the resolution be endorsed. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in fayour. CommunlcaUon No. 170(a) -Amy Blgnucolo, Niagara Falls, Canada Visitor & Convention Bureau - Re: Tourist area designations. The communication requests that Council endorses legislation that will ensure the continued existence of all geographical tourist areas in Niagara Falls. Communication No. 170(b) - BiWay Store Umited - Re: Application for Exemption as prescribed in Bill 115, and the Retail Business Holidays Act. The communication advises of making an application under Section (4) of The Act for exemption, Communication No. 170(c) - Tip Top Tailors - Re: Application for Exemption as prescribed in Bill 115, and the Retail Business Holidays Act. The communication advises of making an application under Section (4) of The Act for exemption. Communication No, 170(d) - Suzy Shier - Re: Application for Exemption as prescribed in Bill 115, and the Retail Business Holidays Act. The communication advises of making an application under Section (4) of The Act for exemption. Communication No, 170(e) - Suzy SNerlL,A, Express - Re: Application for Exemption as prescribed in Bill 115, and the Retail Business Holidays Act, The communication advises of making an application under Section (4) of The Act for exemption. Communication No. 170(f) -Thriftys - Re: Application for Exemption as prescribed in Bill 115, and the Retail Business Holidays Act. Ontario, "The Act. The communication advises of making an application under Section (4) of The Act for exemption. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the requests from areas and individual properties to be considered for Sunday opening and be designated as a tourist area in Communications 169(a) through 159(f) be advised to make applications to the Region and further that Council would support the applications through resolution. Carried Unanimously. Communication No. 171 - Louis P. Lamoureux, Canadian Tire Associate Store - Re: Designation of McLeod Road as a Sunday Shopping location. The communication requests same designation as Canadian Tire Store on McLeod Road. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that Mr. Lamoureaux be advised to apply individually to the Region and apply for Council support. Carried Unanimously. Communication No. 172 - Downtown Board of Management - Re: Signs. The communication requests permission to replace flower baskets with signs informing visitors about the area. ORDERED on the motion of Alderman Germano, seconded by Alderman Cummings, that the request be approved in principle, the concept of signs to replace the planting baskets, subject to the approval of the actual design. Carried Unanimously. Communication No. 173 - Ministry of Transportation - Re: Surface deficiencies. The communication advises of the surface deficiencies on section of Highway 420 from Stanley Avenue to Victoria Avenue and the action being taken. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously, Communication No. 174 - Consumers Gas - Re: Board Rates. The communication advises of the Board's Rates Notice of Application (Notice "A'). ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the communication be received and filed. Carried Unanimously. Communication No. 175 - United Voices for Fair Treatment in Child Care - Re: Day Care. The communication requests Council to write letters of support regarding the issue of child care. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. Communication No. 176 - Minister of Con~rnunications - Re: Antenna towers. The communication advises of the Department's steps to strengthen the consularion process by including new procedures under the Federal Government Environmental Assessment and Review Process with regard to the location and erection of radiocommunication antenna towers. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the communication be received and filed. Carried Unanimously. Office of the Mayor - Re: Crowland Community Centre Needs Study. The communication indicates that staff along with the Recreation Commission carry out a needs study. ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that the Crowland Community Centre Needs Study be carded out. Carried UnanimousIv. UNFINISHED BUSINESS Ad Hoc Conflict of Interest Committee - Re: Report AH C of 1-92-1, Ad Hoc Conflict of Interest Committee Report, Open Local Govemment. The report recommends that this report and the comments attached as Schedule "A" to this report be adopted and forwarded to the Honourable David Cooke, Minister of Municipal Affairs for his review and consideration. Alderman Hendershot discussed the Ad Hoc Conflict of Interest Committee meeting and referred to the seven recommendations contained in the report outlined as Schedule "A", and referred to correspondance from the City of Kingston and the City of Etobicoke dealing with a conflict of interest Commissioner, and indicated that the committee had voiced their objection to this matter. -6- - 7- Alderman Hendershot stated that a resolution be sent to the local MPP, the appropriate Minister and the City of Etobicoke. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. Report from Alderman Norman Puttick - Re: AM-3/92, 601584 Ontado Ltd., S.W. Corner of Alex Avenue & McLeod Road - Report PD-92-49, Rezonlng & OPA. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr that the report be received and filed. The motion Carried with Alderman Hendershot voting contrary to the motion and with all others voting in fayour. CD-92-38 - Chief Administrative Officer - Re: Transient Trader Licence Fee. The report recommends the following: 1) That the fee for a Transient Trader Licence be maintained at $500.00 to be collected up front and to be non-refundable except as provided for in Recommendations 2 and 3, 2) That the fee be applied towards the business taxes of the business as it becomes assessed and appears on the tax roll. 3) That the fee follow a business, should it find it necessary to relocate while there is any amount remaining in the fee. Mayor Thomson discussed the matter of out of town flower vendors that come to Niagara Falls during holidays and scoop up the profits from the residents who obtain licences and pay business taxes. His Worship Mayor Thomson received indication that Mrs. Cathy Scott was in attendance. Mrs. Scott indicated that she was not objecting to the paying of business taxes, but that she was concerned about the non-refundable fee, because if the property she was renting was to be sold, she would lose whatever part of the business tax that was owing her. The City Clerk provided information on the payment of business taxes in installments, and the payment requirements for new businesses. The City Clerk indicated that flower vendors, prior to obtaining a Hawkers and Pedlar licence, must provide proof to have the authority to sell at specified location and provided information on meeting by-law requirements and of by-law enforcement. ORDERED on the motion of Alderman Janvary, seconded by Alderman Shetar, that the recommendations be accepted and further if the property where Mrs. Scott conducts business is sold, that Mrs. Scott come back to Council for consideration of a rqbate from taxes. ~ UnanimousIv. B-92-21 - Chief Administrative Officer - Re: Lease Agreement between the City of Niagara Falls and the St. John Ambulance Association for the premises at 5734 Glenholme Avenue. The report recommends that Council approve the by-law on tonight's agenda authorizing the renewal of a lease agreement between the City of Niagara Falls and the St. John Ambulance Association. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No. 92-93. B-92-27 - Chief Administrative Officer - Re: Barrier Free Access - City Hall. The report recommends that Council direct Staff with regard to the suggested construction of a ramp to provide barrier free access from the southerly side of City Hall to the podium level in close proximity to the front entrance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, to refer to staff for design consideration in 1993 budget and further that Municipal Works Department look into having a proper handicapped parking (stall) installed in front of City Hall. Carried Unanimously, B-92-28 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Lutheran Church. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed church, and the Site Plan being drawing number A1, and the floor plans and room schedule being drawing number A2 and the elevations being drawing number A3 and the Planting Plan being drawing number 1 and the Grading and Servicing Plan being drawing number 92001-1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 1, 1992 and that such approval be subject to the conditions of the report. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. MW-92-86 - Chief Administrative Officer * Re: 1992 Tender for the Supply of Tires, Tubes and Repair Service - City Fleet. The report recommends that the tender for the supply of tires, tubes and repair service submitted by DeMol's Tire Sales & Service Limited in the amount of $4,743.36 be accepted based on unit prices tendered. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimousIv. MW-92-87 - Chief Administrative Officer - Re: Ontario Group Convention Parade 483, 484, 434 Wings R.C.A.F.A., Sunday, May 24, 1992. The report recommends that the Ontario Group Convention Parade scheduled for Sunday, May 24, 1992 be approved subject to the following condition. 1 ) That the event meet all requirements from all other authorities. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously. MW-92-92 - Chief Administrative Officer - Re: Lion's Club International, Multiple District "A" Convention, Saturday, June 6, 1992. The report recommends that the Lion's Club International Parade scheduled for Saturday, June 6, 1992 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 dollars ($1,000,000.00) liability insurance indicating coverage for the City of Niagara Falls be obtained. 3) That the Lion's Club assume all costs associated with the set up and disassembly of all barricades, signing and manpower required for the parade. A deposit in the amount of $2,000.00 is required in advance of the event taking place. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously. MW-92-98 - 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 summary sheets. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-92-99 - Chief Admlnlstrative Officer - Re: Quotation for Tree Spraying Insect Control. The report recommends that Chemlawn Inc. be retained at a cost of $79.93 per hour for the spraying of gypsy moth and other insect infestations of trees. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-92-100 - Chief Administrative Officer - Re: Contract 92-04 Asphalt Patching. The report recommends that the unit prices submitted by the low tenderer, Northland Bitulithic Ltd. be accepted for the contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted, Carried Unanimously. B-I wN . - -8 - ..,8 MW-92-101 - Chief Administrative Officer - Re: Contract 92-09 Crack Sealing. The report recommends that the unit prices submitted by 788893 Ontario Ltd. (a.k.a. Niagara Crack Sealing) be accepted for the contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See Bv-law No. 92-88. MW-92-103 - Municipal Parking and Traffic Committee - Re: 1 ) Request for Free Parking, Huron St; 2) Review of School Crossing Guard Locations (Report B-92-25); 3) Request for School Crossing Guard Valley Way School; 4) Delta Drive Traffic Operations Review (MW-92-82); 5) Ontario Traffic Conference Annual Convention Attendance (MW-92-90); 6) Municipal Parking Lot #16, Niagara Falls Arena. The report recommends the following: Reauest for Free ParkinQ - Huron St. 1 ) That the request for two parking spaces to be provided free of charge in Municipal Parking Lot #8 (lease parking only) to the Queen St. business "What's in the Wardrobe", be denied. Review of School CrOssinQ Guard Locations 2) That approval be given to remove the school crossing guard locations where current information deems this service is no longer required. Reouest for a School Crossin~ Guard - Valley Way School 3) Matter had been dealt with previously. Delta Drive Traffic Operations Review The report recommends the following: 1 ) That yield control be installed at the following locations: a) Northbound on Kuhn Crescent at Delta Drive; b) Westbound on Nasrullah Crescent at Delta Drive; c) Westbound on Petrullo Court at Delta Drive; d) Eastbound on Vivian Court at Delta Drive; e) Southbound on Glen Drive at Delta Ddve; 2) That the existing yield sign located at Malibu Drive at Delta Drive be replaced with a stop sign; 3) That parking be prohibited at all times on the west side Delta Drive from Vivian Court to a point 115 metroe northwest and on the north side of Delta Drive from a point 130 metroe east of Montrose Road to a point 120 metres easterly; 4) That the by-law amending By-law 89-200 (being a by-law to regulate Parking and Traffic on City roads) appearing later on tonight's agenda, be approved. Ontario Traffic Conference. Annual Convention Attendance 5. That Alderman Bruce Ward be appointed to attend the Ontario Conference, Annual Convention being held in Pembroke, Ontario from May 31st to june 3rd, 1992. Municioal Parkino Lot #16 Niaaara Falls Arena 6. That the Niagara Falls Arena (Municipal Parking Lot//16) continue to operate' as a municipal parking lot during the Tourist Season; That staff ensure that there is regular maintenance of the lot. ORDERED on the motion of Alderman Cowan, seconded by Alderman Puttick, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Craitor, Fisher, Orr, Puttick, Sherar and Susln. NAYE: Aldermen Hendershot, Janvary and Germano. See Bv-law No. 92-97. -9 - MW-92-105 - Chief Administrative Officer - Re: Local Improvement Works on Harvey Street and Pettit Avenue. The report recommends that the by-law appearing on tonight's Council agenda authorizing the construction of local improvement works on the following streets be given first and second readings; 1 ) Harvey Street from Portage Road to west limit; 2) Pettit Avenue from 45 metres south of Doreen Drive to 35 metres south of Glengate Street. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimously. B-I wN . 2- . MW-92-106 - Chief Administrative Officer - Re: 1992 Capital Budget Projects. The report recommends the following: 1) That $740,000.00 be pre-approved from our 1992 Capital Budget for proposed works on: a) Sheldon Street from Drummond Rd. to 56 metres west of St. James Avenue; b) Niagara Street from Main Street to Callan Street; 2) That the by-laws appearing on tonight's agenda authorizing the funding for these works be passed by Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. B-wN. 2- , B -law No. 92-1, R-92-09 - Chief Administrative Officer - Re: Tender TR9-92, Bocci Courts, Carolyn Park Tender for Supply and Installation. The report recommends the following: 1) That the tender for the supply and installation of the Bocci Courts at Carolyn Park and the associated landscaping be awarded to Greenscapes, a division of Kelt Contracting Corporation Limited of Grimsby, Ontario, in the amount of $15,992.07; 2) That the by-law appearing later on this evening's agenda authorizing an agreement between the City and Greenscapes be approved. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously, B-IwN. 2- . R-92-10 - Chief Administrative Officer - Re: Tender 9-92, Three Riding Tractors/Mowers. The report recommends that the tender to supply three riding tractors/mowers be awarded to Ben Berg Farm & Equipment of Wainfleet, Ontario in the amount of $47,482.87. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. R-92-11 - Chief Administrative Officer - Re: Parks and Athletic Fields Schedules. The report recommends that the 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 Sherar, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimousIv. PD-92-54 - Chief Administrative Offioer - Re: Action Resulting from Environmental Planning & Groaning Committee Meeting on April 15, 1992. The report recommends that Council approve the various actions resulting from the April 15, 1992 meeting of the Environmental Planning & Greening Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Germano, that the report be received and adopted. Carried UnanimousIv. PD-92-55 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Part of Lot 40, Registered Plan 74, designated as Parts 1 and 2 on Reference Plan 59R-8020, Baldwin Avenue. The report recommends the following: - 10- -11 - 1 ) That the request from Mary Zappia to exempt Part of Lot 40, Baldwin Avenue, Registered Plan 74, from Part Lot Control be approved and that Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control; 2) That 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 of Alderman Cowan, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Bv-law No, 92-95. CD-92-34 - Chief Administrative Officer - Re: Reduction and Refund of Taxes Section 443 Municipal Act; Desert Food Services Inc. T/A Fontaine Blue Motel, 7805 Lundy's Lane. The report recommends that a reduction of taxes amounting to $6,072.24 for 1990 be made with respect to Desert Food Services Inc. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-92-36 - Chief Administrative Officer - Re: Reduction and Refund of Taxes Section 443 Municipal Act; Delta Drive. The report recommends that a reduction of taxes amounting to $954.45 for 1990 be made. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. S-92-04, Chief Administrative Officer - Re: Conveyance of Surplus Municipal Lands Vancant Land, 4465 Park Street. The report recommends that Council approve the by-law appearing on this evening's agenda authorizing the conveyance of certain lands to Same Giacobetti and to Alphonse and Rita Arsenault. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously, See Bv-law No.92-92. S-92-20, Chief Administrative Officer - Re: Master Paving & Construction (Niagara Falls) Ltd. The report recommends this report is for the information of Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. F-92-18 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,217,725.93 for the period ending April 20, 1992 and accounts totalling $1,194,281.05 for the period ending April 27, 1992 be approved by the passing of the by-laws appearing later on the ageride. ORDERED on the motion of Alderman Cowan, seconded by Alderman Shetar, that the report be received and filed. Carried UnanimousIv. RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Fisher, seconded by Alderman Cowan, that the following actions taken by the Committee of the Whole, earlier this evening, be approved: 1 ) That Mr. D. Wood from the firm of McCarthy Tatfault be instructed to make an offer on behalf of the City of Niagara Falls to Bright's for the purchase of certain lands. 2) That the City of Niagara Falls make an application regarding the McLeod Road corridor subject to the business involved doing the research and preparatory work defending the matter at the Ontario Municipal Board, subject to report advising Council of staff notifying the existing areas of the City to make individual applications for exemption from the Retail Business Holiday Aot. 3) That the offer of Mr. & Mrs. D'Amico for land in the Main and Ferry area be rejected in accordance with the report of the Municipal Parking and Traffic Committee. 4) That the offer to settle the J-Vee Waterbeed matter made by the Royal Bank of Canada be refused. 5) That the City Solicitor be authorized to attend the Arbitration hearing on grievances filed by the Niagara Falls Professional Firefighters Association regarding Grievance No. 92-01 and 92-02. The motion Carried with Alderman Craitor voting contrary to the offer to Bright's for the purchase of certain lands and with all others voting in favour. RESOLUTIONS No. 25 - JANVARY - COWAN - RESOLVED that the unit prices submitted by the low tendeter, Northland Bitulithic Ltd. for Contract 92-04 - Asphalt Patching, at the low tendered amount of $178,859.84, be accepted; AND the Seal of the Corporation be hereto affixed. No. 26(e) - JANVARY - COWAN - RESOLVED that the unit prices submitted by the low tenderer, 788893 Ontario Ltd. (a.k.a. Niagara Crack Sealing) for Contract 92-09 - Crack Sealing, at the low tendered amount of $12,198.00, be accepted; AND the Seal of the Corporation be hereto affixed. ORDERED on the motion of Alderman Sherar, seconded by Alderman Orr, that leave be granted to introduce the following by-law, and the by-law be read a first time: 92-85 A by-law to authorize the construction of certain works as local improvements under Section 12 of the Local Improvements Act. ORDERED on the motion of Alderman Shetar, seconded by Alderman Orr, that the following by-law be now read a second time: 92-85 A by-law to authorize the construction of certain works as local improvements under Section 12 of the Local Improvements Act. ORDERED on the motion of Alderman Fisher, seconded by Alderman Sherar, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-86 92-87 92-88 A by-law to authorize the execution of an agreement with Greenscapes, a division of Kelt Contracting Corp. Limited, respecting Caroiyn Park, Bocci Courts. A by-law to authorize the execution of a subdivision agreement with 800460 Ontario Limited and others respecting Belleview Estates, Plan I Subdivision. A by-law to authorize the execution of an agreement with 788893 Ontario Limited for crack sealing on various road surfaces. - 12- 92-89 92-90 92-91 92-92 92-93 A by-law to authorize the execution of an agreement with Trans-Video Inspection Limited for high pressure hydraulic cleaning of sewers and culverts. A by-law to authorize the rehabilitation of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers (Niagara Street). A by-law to authorize the rehabilitation of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers (Sheldon Street). A by-law to authorize the conveyance of certain lands to Santa Giacobetti and to Alphonse Arsenault and Rita Arsenault. A by-law to authorize the execution of a lease agreement with St. John Ambulance Association respecting the land and premises known municipality as 5734 Glenholme Avenue. 92-94 92-95 92-96 92-97 A by-law to authorize a release and abandonment of easement. 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 Northland Bitulithic Limited for asphalt patching. A by-law to amend By-law 89-2000, being a by-law to regulate parking and traffic on City Roads. 92-98 A by-law to authorize monies for General Purposes (April 20, 1992). 92-99 A by-law to authorize monies for General Purposes (April 27, 1992). The motion Carried with Alderman Susin abstaining from the vote on By-law Nos. 92-87; and 92-98, on conflicts of interest previously noted; and Alderman Janvary abstaining from the vote on By-law No. 92-91 on a conflict of interest previously noted; and Alderman Cummings abstaining from the vote on By-law No. 92-98, on a conflict of interest previously noted, and with all others voting in fayour. ORDERED on the motion of Alderman Cowan, seconded by Alderman Orr, that the following by- laws be now read a second and third time: 92-86 92-87 92-88 92-89 92-90 92-91 92-92 92-93 A by-law to authorize the execution of an agreement with Greenscapes, a division of Kelt Contracting Corp. Limited, respecting Carolyn Park, Bocci Courts. A by-law to authorize the execution of a subdivision agreement with 800460 Ontario Limited and others respecting Belleview Estates, Plan I Subdivision. A by-law to authorize the execution of an agreement with 788893 Ontario Limited for crack sealing on various road surfaces. A by-law to authorize the execution of an agreement with Trans-Video Inspection Limited for high pressure hydraulic cleaning of sewers and culverts. A by-law to authorize the rehabilitation of the roads on certain streets and storm sewer installation, repairs or replacement of sanitaW sewers (Niagara Street). A by-law to authorize the rehabilitation of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers (Sheldon Street). A by-law to authorize the conveyance of certain lands to Same Giaoobetti and to Alphonse Arsenault and Rita Arsenault. A by-law to authorize the execution of a lease agreement with St. John Ambulance Association respecting the land and premises known municipality as 5734 Glenholme Avenue, - 13 - 92-94 92-95 92-96 92-97 A by-law to authorize a release and abandonment of easement. 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 Northland Bitulithic Limited for asphalt patching, A by-law to amend By-law 89-2000, being a by-law to regulate parking and traffic on City Roads. 92-98 A by-law to authorize monies for General Purposes (April 20, 1992). 92-99 A by-law to authorize monies for General Purposes (April 27, 1992). The motion Carriqd with Alderman Susin abstaining from the vote on By-law Nos. 92-87; and 92-98, on conflicts of interest previously noted; and Alderman Janvary abstaining from the vote on By-law No. 92-91 on a conflict of interest previously noted; and Alderman Cummings abstaining from the vote on By-law No. 92-98, on a conflict of interest previously noted, and with all others voting in fayour. NL=VV BUSINESS Improved Traffic His Worship Mayor Thomson provided information regarding the Team Niagara Tourisim group and stated one of the task force groups, chaired by Mr. Dino Dicienzo, Colonial Hotel have come up with a solution to improving the traffic on the Rainbow Bridge, and indicated this proposal would have a tremendous impact on the community. Alderman Hendershot presented a brief outline of the proposal and indicated that buses and individuals with passports would be directed to the parking lot behind the existing Niagara Falls Museum, that the project would take approximately four months to be completed. Alderman Hendershot advised the project would require assistance from the Regional and Federal Government, that an additional 645,000 for site work would be needed, and requested Council endorse the idea and put up $45,000 for funding. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, to approve the fronting of 645,000.00 out of reserve funds. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest because Canada Employment Immigration is his employer, and with all others voting in favour. Information for Aldermen Alderman Puttick referred to a matter regarding Aldermen wishing to receive information, and permitting staff to discuss the information, and provided Alderman Susin with an article referring to the matter. Alderman Puttick stated that an article in the Toronto Star regarding Veda Land was an excellent and fair article. Reolonal Reoort Alderman Puttick referred to the Regional Quarterly Report for building permits. - 14 - Regional Develooment Charges Alderman Puttick discussed the Regional Charges and indicated that the Region should advise all municipalities when Development Charges will be imposed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the Regional Chairman advise the Council of Niagara Falls and area municipalities of the anticipated Regional Development Charges being imposed. Carried Unanimously. Alderman Puttick referred to the OMB fastracking, and indicated that projects should be on stream. Government Loan Guarantees Alderman Puttick discussed the 0 & Y matter and Government loan guarantees, and suggested that a letter be sent to the Premier and the Prime Minister of Canada indicating opposition to government loan guarantees. Don Johnson Dedication Alderman Germano referred to a dedication to the Don Johnson Baseball diamonds and stated the Legion, Branch 479 wished to keep the word "Memorial" in the name. Alderman Hendershot responded by stating that the matter would be discussed at an upcoming Civic Committee meeting. EIGHTEENTH MEIs'I'ING COMMrlTEE OF THE WHOLE Committee Room #2 May 4, 1992 Council met on Monday, May 4, 1992 at 7:25 p.m. in Committee of the Whole. All members of Council were present. Alderman Cowan presided as Chairman. Following consideration of the items presented, the Committee of tho Whole arose to report in open session. READ AND ADOPTED, :Z .............. Recoqnition Alderman Germano requested that a letter of congratulation be sent to Bill Irwin and Mike Strange on their involvement in the Olympics. Mayor Thomson indicated that the two boxers will be invited to attend Council in recognition of their achievements. The Director of Parks and Recreation stated initial discussions have been held to have a community event, supporting the athletes for their involvement in the upcoming Olympics. Regional Public Works Reoorts Alderman Janvary questioned why the Regional Public Works Reports regarding Water and Sewage Reports are no longer on the Council Agenda. Addiction Research Foundation Seminar Alderman Hendershot referred to the Addiction Research Foundation of Ontario, holding a one-day seminar entitled "Leisure, Liquor and Liability, Municipal Alcohol Policy Development". The City Solicitor referred to revising application forms for rental halls to ensure that the City is protected by groups who stage events and serve alcohol. Alderman Hendershot requested a report from the Solicitor as to what the liability is. The Director of Parks and Recreation advised that three staff members from Recreation will be attending the seminars. It was moved by Alderman Janvary, seconded by Alderman Cowan, that the meeting adjourn. Carried Unanimously, READ AND ADOPTED, REGULAR MEETING Council Chambers May 4, 1992 Council met on Monday, May 4, 1992 at 7:30 p.m. for the purpose of considering Regular business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Sherar offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on ~a motion of Alderman Sherat, seconded by Alderman Craitor, that the minutes of April 27, 1992 be adopted as printed. Carried Unanimously. CONFLICTS OF INTEREST Aldermen Hendershot and Janvary declared conflicts of interest on Cheque No. 77495, because the Niagara South Board of Education is their employer. Alderman Craitor declared a conflict of interest on Cheque No. 77512, because his wife is employed by the company. Alderman Ward declared a conflict of interest on Cheque No. 77416 and Report B-92-30, because a member of his family is involved. DEPUTATIONS His Worship Mayor Thomson introduced Mr. David O. Diston, Chairperson, Board of Governors, for ~e Greater Niagara General Hospital who discussed ~e decision and ~o circumstances leading to the downsizing of personnel and ~e closure of a Ward at the Greater Niagara General Hospital, -2- Mr. Diston introduced Mr. Lougheed Bruce, Vice Chairman, Board of Governors, for the Greater Niagara General Hospital who discussed reductions to the administrative and support groups, the paramedical groups and to the nursing groups and indicated many alternatives had been explored prior to the decisions being made. Mr. Bruce advised that staffing requirements are required by patient load and patient classification. Mr. David Wilmn, Chairman, Public Relations Committee, who provided information on the process of communicating the downsizing decisions to staff, the public and the media, and indicated that every effort had been made to deliver correct and factual information to the public. Mr. Wilton advised that the Hospital recognized the neal to provide a forum for appropriate discussion of issues facing the hospital and health care, and assured that the Board had gone on record with their commitment to protect patient care and safety. Mr. Diston responded to questions regarding decisions on the elimination process of positions; employing RNA's instead of RN's in critical care areas; hairdressing services; and appointments to the Board. Mr. Diston advised that no regular operating hospital funds would be used to finance the Cat Scan operation, funds would be available through donations and the Cat Scan Campaign. There was some discussion regarding members of City Council, who are on the Board, that were unable to attend the Board meeting of January 27, 1992 due to prior commitments at a City budget meeting. Mr. Wilton advised that the annual Board meeting would be held on June 225, 1992 and that the public was invited and have an opportunity to express their concerns. His Worship Mayor Thomson thanked Mr. Diston, Mr. Bruce and Mr. Wilton for their presentations. His Worship Mayor Thomson introduced Mr. Sam Kishinevsky, of Quality Sausage Ontario Limited who addressed Council regarding the installation of 5-7 refreshment vehicles in Niagara Falls. Mr. Kishinevsky indicated that the vehicles would be on public property. His Worship Mayor Thomson thanked Mr. Kishinevsky for his proposal and referred to Report CD-92-40. Report CD-92-40 - Chief Administrative Officer - Re: Refreshment Vehicle Licences. The report recommends that this report be received and filed for the information of Counail. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and ~ed. Carried Unanimously. His Worship Mayor Thomson declared a conflict of interest to the matter of the Skyline Hotel because his wife is associated with the company, and requastad that Alderman Ward take the Chair. His Worship Mayor Thomson left the Chair. Mr. Doug Birrell, Skyline Hotels gave a brief presentation with the aid of slides and provided information regarding certain renovations and restorations that have bean done to the Foxhead and the Skyline Brock Hotels. Following his presentation, Mr. Bitrail distributed a proposal regarding casino gambling in Niagara Falls and indicated there would be ovetwhelmlng benefits to the City of Niagara Falls, that casino gambling would be a catalyst in terms of job creation in the retail and hotel sectors, and make the Ci!y more competitive. -3- Mr. Binell referred to Maple Leaf Village being an ideal site for a proposed casino gambling facility, since it was a flee standing structure, easily accessible, with adequate parking facilities. Mr. Birrell stated that the infrastructure was in place and urged Council to endorse casino gambling in Niagara Falls. ORDERED on the motion of Alderman Craitor, seconded by Alderman err, that Mr. Birrell be thanked for his presentation and further that the proposal for casino gambling be received and filed for information. Carried Unanimously. His Worship Mayor Thomson resumed the Chair. His Worship Mayor Thomson advised that any major decisions regarding casino gambling would have to come before Council and that the citizens of Niagara Falls be provided an opportunity to debate the issues in a public forum. Mayor Thomson stated that further information was required from the Provincial government regarding the matter of casino gambling and referred to a letter sent and endorsed by Council to the provincial ministeries expressing the City's interest in the matter. His Worship Mayor Thomson welcomed Ms. Italia M. Gilberti, from the firm of Bredcrick & Associates. Ms. Gilberti addressed Council regarding the matter of exemption from the payment of development charges for the following reasons: listing price of the proposed townhouses was below the affordable housing rates; lands to be developed were already located on the Registered Plan of Subdivision; all hard services were in place; previous usage of the property. The Director of Buildings & Inspections responded to questions regarding the development charges by-law and stated this particular matter could be an exception because it dealt with in~lling, but indicated that the developer will still have to pay. The Chief Administrative Officer advised that the development charges by-law was designed to shift the tax burden from resident tax payars to the developers, and referred to affordable housing vs non- profit housing. ORDERED on the motion of Alderman Shetar, seconded by Alderman Fisher, that the matter be tabled and referred to staff for a report. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. COMMUNICATIONS Communication No. 177(a) - R.G. van Trigt, Entertainment Director, Cat Scan Jamboree Committee - Re: Proclamation. The communication requests Council proclaim the week of July 13 - 19, 1992 be proclaimed "Cat Scan Country Week". Communication No. 177(b) - Niagara Region Sexual Assault Centre - Re: Proclamation. The communication requests that the Month of May be proclaimed as "Sexual Assault Awareness Month". Communication No. 177(c) - Niagara Falls, Canada, Visitor & Convention Bureau - Re: Proclamation. The communication requests that May 3rd - May 9th, 1992 be proclaimed "Tourism Week in the City of Niagara Falls". ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that requests 177(a),Co) and (c) be approved subject to established policy. Carried Unanimously. Communication No. 178 - Niagara Falls Evangelical Ministerial Association - Re: Adult's Only Videos. The communication expresses support of Council's opposition to the establishment of an Adult's Only - Video and Magazine store on Lundy's Lane. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. -4- Communication No. 179 - Kinsmen Club of Niagara Falls - Re: Walkathon. The communication advises Council that the 7th Annual Walkathon for Cystic Fibrusis will be held on May 24, 1992 at 9 a.m. at Queenston Heights Park. ORDERED on the motion of Alderman Germane, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. Communication No. 180 - Ministry of the Environment - Re:Lifelines Construction Grant. The communication advises the Municipality did not receive the funding assistance requested. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craltor, that the communication be received and filed with a copy to be forwarded to the Member of Provincial Parliament. Carried Unanimously. Communication No. 181 - Office of the Mayor - Re: Cenotaph, Clifton Hill. The communication requests that a one car length space be designated as an open area in order that passing vehicles can view the Cenotaph. ORDERED on the motion of Alderman Puttick, seconded by Alderman Germane, that the matter be referred to staff. Carried Unanimously. Communication No. 182 - Mr. Harry W. Green - Re: Poor Traffic Conditions. The communication expresses concern regarding the poor traffic conditions on Mountain Road between St. Paul Avenue and the QEW. ORDERED on the motion of Alderman Sherar, seconded by Alderman Snsin, that the maRer be referred to the Region and the Police. Carried Unanimously. Communication No. 183(a) - Dobbie's Florist Limited - Re: Street vendors selling flowers. The communication expresses concerns regarding street vendors selling fiowexs in Niagara Falls. Communication No. 183(b) - Bloom & Basket - Re: Street vendors selling flowers. The communication expresses concerns for the floral industry regarding street vendors selling flowers. ORDERED on the motion of Alderman Ward, seconded by Alderman Craltor, that report CD-92-46 be brought forward. Carried Unanimously. -AND- CD-9246 - Chief Administrative Officer - Re: Hawkers & Pedlars Licenee for Sale of Flowers, Easter and Mother's Day. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and filed. Carried Unanimonsly. The City Clerk indicated that a censciantions effort had been made by licensing staff and By-law enforcement staff to ensure that street vendors are licenced; and advised if local florists wish to sell flowers on the street comer, they may do so by simply notifying the City as to the location. Mr. Bruce Vandersluys, Dobbie's Florist Limited expressed concerns regarding safety, injuries to customers and insurance claims. The City Solicitor responded to Mr. Vandersluys concerns regarding insurance claims by indicating the matter would depend on the pat~ias concerned, whPAhex it was negligence on the part of the landlord, the vendor or the customers. Mr. Mike Mielnlehuk, General Manager, Niagara Square addressed Council regarding rental of common spaces in Niagara Square to individuals on a temporary basis and indicated that th~ temporary tenants must adhere to the strict criteria established by the Cambridge Shopping Cantres group. Mr. Mielniehuk expr~sed concern regarding the current legislation and requested that consideration be given on behalf of the temporary tenants regarding the licensing f~ and the critarla that has be~n established by Niagara Square. Mr. Mielnichuk indicated that he wished to sit on a committee and provide some input on behalf of the Cambridge Shopping Centre group. l -5- His Worship Mayor Thomson requested that Mr. Vandersluys submit a list of individuals who would be interested to come up with acceptable solutions to the problem, and requested that Mr. Mialnichuk send a letter to the Mayor's office expressing interest to sit on a committee. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that enforcement procedures of the by-law be carried out and the matter be referred to staff; that communications 183(a) & (b) be received and ~ed, and further that Report CD-92-46, be received and filed. Carried Unanimously. Communication No. 184 - Olivia V Flints - Re: Planned Filming. The communication advises that filming on the multilanguage film "The Man" near Niagara Falls, will be done from May 2, 1992 to May 15th, 1992. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the communication be received and filed. Carried Unanimously. UNFINISHED BUSINF.,~. CD-92-41 - Chief Administrative Officer - Re: Break-open Ticket Policy. The report recommends the following: 1) That Council withdraw the granting of the Municipal exemption for the sale of Break-Open tickets in a third party location given to the Chippaws VolunW.~r Firefighters Association. 2) That the implementation of a six month trial period be cancelled for these sales pending anticipated new legislation. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the requests be received and adopted. Carried Unanimously. REPORTS B-92-30 - Chief Administrative Officer - Re: 1992 Tender for Mowing of Private Lots and for Chemical Weed Control. The report recommends that Council approve the Bydaw on tonight's ageada authorizing an Agreement with the following low bidders, including, a) Niagara Commercial Cutting for mowing private lots; b) Chemiawn Limited of St. Catharines for chemical weed control, which is required by Provincial law. ORDERED on the motion of Alderman Cummings, 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 noted and with all others voting in fayour. MW-92-110 - Chief Administrative Officer - Re: Kalar Road Pumping Station and Tributary Area Sewer System Analysis Engineering Agreement. The report recommends that Council approve the by-law appearing on tonight's agenda authorizing the execution of an agreement between the City and Proctor & Redfern Ltd. for the above project. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. The motion Garried with Alderman Puttick voting contrary to the motion and with all others voting in favour. -6- RATIFICATION OF MUNICIPAL WORKS COMMrFrEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the following actions taken by the Municipal Works Committee, earlier this evening, be approved: MW-92-108 - Sanitary Sewers - Oakwood Drive. That the City proceed with the construction of the Oakwood Drive sanitary sewer with approximately $429,000 of the $450,000 being paid by the Urban Service Area with the additional $150,000 being paid through debentures. Alderman Puttick was opposed. MW-92-116 - Special Events: 1)Knights of Columbus Parade, Sunday, June 14/92; 2) ltalo Canadian Centennial Club Bicycle Race, Sunday, July 26/92. That the Knights of Columbus Parade scheduled for Sunday, June 14, 1992 be approved subject to the event meeting all requirements from all other authorities; and that a copy of one million dollars ($1,000,000) Liability Insurance indicating coverage for the City of Niagara Falls be obtained by the organizer. ltalo Canadian Centennial Club Bicycle Race - That the Italo Canadian Centennial Club Bicycle Race scheduled for Sunday, July 26, 1992 be approved subject to the conditions of the report. MW-92-88 - 1992 New Equipment Purchases - That staff be authorized to purchase various pieces of equipment described in Appendix "A" from bidders outlined subject to the deletion of Item No. 7 - Tandem Reverse Dump Sander and staff be directed to report on this matter to the Municipal Works committee for further consideration in the near future. Alderman Puttick was opposed to Item No. 1. MW-92-93 - Regional Niagara Sludge Haulage Operation on Area Municipality Roads. That the Regional Municipality remit to the City of Niagara Falls at the rate of 1/4 per gallon of sludge applied to agricultural lands abutting substandard roads that suffer damage as a result of sludge hauling operations; that wherever possible Regional roads be used to transfer sludge to its destination; that prior to any sludge disposal, the Region inform the City of Niagara Falls in order to design a specific route to the sludge disposal area; and should any City road or section of roadway deteriorate to the point where it becomes a danger to the travelling public, all operations cease until repairs to the damaged areas have been completed. MW-92-94 - Updating of Local Improvement Rates. That the updated rates for local improvement works as indicated in Report MW-92-94 be adopted for 1992. MW-92-95 - Dust Control and Road Stabilization. t That staff be authorized to purchase 160 tonnes of liquid calcium chloride at a cost of $192.90 from Pollard Highway Products. The price includes the G.S.T. It is further recommended that staff be authorized to purchase 330 tonnes of Tembthd at a cost of $11.00 per tonna, plus G.S.T. from Preyire Systems. MW-92-96 - Sarah, Rapelie, Chipman and Ussher Streets Flood Relief Works. That Report MW-92-96 be tabled for further information. Aldermen Janvary and Cowan opposed. MW-92-97 - Purchase of Home Composten. that the recommendations in Report MW-92-97 be epproved. MW-92-104 - Nichols Lane Railway Crossing. That the Nichols Lane Railway Crossing be closed. MW-92-111 - Vehicle Weighing, Mountain Road Landfill. That Report MW-92-111 be received and filed for information, -7- MVV-92-112 - Credit & Collection Policy - l-qndfill Tipping Fee. That the Credit and Collection procedures for Laadf'dl Site Tipping Fees contained in Report MW-92-112 be approved. MV~-92-115 - Contract for Household Hazardous Waste Days. That the appropriate contract be prepared to provide that Weedington Systems conduct a minimum of two Household Hazardous Waste Days for the City in 1992 for a total cost of $54,668.00. MW-92-118 - Recycling Agreements. That the three Agreements outlined in the memorandum to Larry Gates, dated April 29, 1992, be approved in principle by Council; that the problem of formulating a collection plan be submitted to the Waste Management Sub Committee for report back to the Municipal Works Committee; that a request for subsidy for a dual use collection vehicle be submitted to the Ministry of the Environment; and that Council submit a letter of thanks to the Regional Municipality of Niagara for their assistance to the area Municipalities in the resolution of our recycling problem. MW-92-119 - Landfill Credit System. That the Landfill Credit for the 1991/1992 year be combined with the landfill Credit for the 1992/1993 fiscal year and that an extension be given to making application for the Landfill Credit System until the end of May, 1992. Carried Unanimous_by. PD-92-50 - Chief Administrative Officer - Re: Proposed Regional Policy Plan Amendment 67, Contracting Business (Altieri), Southwest Corner of Beaverdams Road and Kalar Road. The report recommends that the Regional Municipality of Niagara be advised that the City of Niagara Falls does not support the proposed Regional Policy Plan Amendment 67. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. PD-92-$8 - Chief Administrative Officer - Re: Explanation of Official Plan Policy, AM-3/92 601584 Ontario Ltd., Southwest Corner of Alex Avenue and McLeed Road. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Shetar, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. F-92-19 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that accounts totalling $398,069.95 for the period ending May 4, 1992 be approved by the passing of the by- law appearing later on the agenda. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 92-104 RATIfiCATION OF fiNANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following actions taken by the Finance Committee, earlier this evening, be approved: 1. St. John's Ambulance - That St. John's Ambulance work closely with volunteer groups to generate additional funds and that any shortfall be made up by the City to ensure that the safety program carries on. Aldermen err and Word opposed. 2. Boys' & Girls' Club - That the Boys' and Girls' Club be funded for 1992 at the 1991 level of $194,500. The motion was amended by Mayor Thomson, seconded by Alderman Fisher, that Engineering staff report back to the Finance Committee on the safety aspects of the ceiling at the Boys' and Girls' Club. -8- Niagara Falls Summer Playground Program - That the Summer Playground Committee be funded for 1992 at the 1991 level of $17,000. 4. Greater Niagara Senior Citizen's Recreation Centre - That the correspondence be received and fried. 5. B-92-29 - Parking Ticket Management System - ThatReportB-92-29beapprovedwithoutdiscussiononthepersonnelmatter. AldarmanOrropposed. 6. FC-92-12 - Telephone System: Call Identification - That Report FC-92-12 be approved. Humane Society Statements of Revenue and Expenditure - That the Statements of Revenue and Expenditure for the months of January and February 1992 be received and filed. The motion Carried Unanimously. CD-92-39 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Ascot Woods 5", Owner: Ascot Woods Ltd. (Mr. Brian Sinclair, President). The report recommends that the Ascot Woods 5 Subdivision be approved subject to the conditions enumerated in this Report. His Worship Mayor Thomson received indication that Miss Jean Grandoni was in attendance and wished to address Council. ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that Miss Jean Grandoni be given permission to address Council. Carried Unanimously. Miss Grandoni addressed the following concerns: workable cropland being lost due to flooding; loss of pasture cattle as urban runoff is unsafe; pike spawning adversely impacted by reduced flows due to diversions; storm water and sanitary sewers; minor and major storm systems. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Sherat and Cummings declaring conflicts of interest, because their employer is involved; Alderman Janvary voting contrary to the motion and with all others voting in fayour. Following some discussions regarding distribution of Council agenda plckages, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the City Clerk prepare a report regarding the circulation of Couch Agenda packages. Carried Unanimously. CD-92-45 - Chief Administrative Officer - Re: Council Schedule, June, 1992. The report recommends that the schedule of meetings fur June 1992, be amended by the re-scheduling of the June 15, 1992 meeting to June 8, 1992. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimously. See By-law No. 92-103. RATIFICATION OF COMMITrEE OF TILE. WHOLE ITEMS ORDERED on the motion of Alderman Handarshot, seconded by Alderman Off, that the following action taken by Committee of the Whole, earlier this evening, be approved: olo9 -9- That the City of Niagara Falls supports the agreement reached between Colonial Motor Inn Ltd. and the Niagara Parks Commission wherein they have agreed that the height of the proposed hotel complex be not greater that l0 storeys and that Council requests the Ontario Municipal Board to allow the appeal, in part, with respect to By-law No. 90-296 by amending the said by-law by deleting section 2(d). The motion Carried with Aldermen Fisher and Ward abstaining from the vote on conflicts of interest, and with all others voting in fayour. RESOLUTION No. 28 - CUMMINGS, HENDERSHOT, RESOLVED that WHEREAS Tourism and Tourism-related Business is vital to the economy of the City of Niagara Falls; AND WHEREAS The Retail Business Holidays Act, Chapter 43, Statutes of Ontario, 1991, provides that all existing Sunday and Holiday exemption By-laws which were in force prior to June 3, 1991 shall remain in force only until December 1, 1992; AND WHEREAS The Retail Business Holidays Act, Chapter 43, Statutes of Ontario, 1991 provides that a municipality (the Regional Municipality, in our case), may pass by-laws which would permit retail business establishments to be open on Sundays and holidays for the maintenance or development of tourism; AND WHEREAS The Retail Business Holidays Act, Chapter 43, Statutes of Ontario, 1991 permits one or more persons carrying on business in the municipality to make application for such an exemption by- law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: THAT Council is in complete support of any application made on behalf of any business which is located in an area which was previously exempt under presently in force Regional By-laws 1447-1392-76; 1467- 1420-76; 1694-77; 3351-83; 4780-87; AND THAT Council is in complete support of any application made on behalf of any business which is located in an area which was previously exempt under repealed Regional By-laws 6433-91 and 6525-9 l; AND THAT Council is in complete support of any application made on behalf of any business which is located in an area which is commonly refeffed to as the "downtown area"; AND THAT Council is in complete support of any application made on behalf of any business which is located in an area fronting on either side of McLeod Road from Stanley Avenue to Pin Oak Drive; AND the Seal of the Corporation be hereto affixed. 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: 92-100 A by-law to authorize the execution of an agreement with Proctor & Redfern Limited respecting the Kalar Road Pumping Station and tributary area sewer system analysis. 92-101 A by-law to authorize the execution of an agreement with Greenspace Services Limited, operating as ChemLawn for chemical weed control. 92-102 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. - 10 - 92-103 A by-law to amend By-law No. 89-155, as amended, being a by-law to provide for the 3tancling Rules of the Council. 92-104 A by-law to authorize the payment of mon/es for General Purposes (May 04, 1992). The motion .C~ with Aldermen Hendershot, Janvary, Craltor and Ward abstaining from the vote on By-law No. 92-100 on conflicts of interest Previously noted and with all others voting in fayour. 92-100 A bydaw to authorize the execution of an agreement with Proctor & Redfern Limited respecting the Kalar Road Pumping Station and tributary area sewer system analysis. 92-101 A by-law to authorize the execution of an agreement with Greenspace Services Limited, operating as ChemLawn for chemical weed control. 92-102 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. 92-103 A by-law to amend By-law No. 89-155, as amended, being a bydaw to provide for the Standing Rules of the Council. 92-104 A by-law to authorize the payment of monies for General Purposes (May 00, 1992). The motion .Carrie~ with Aldermen Handershot, Innvary, Craitor and Ward abstaining from the vote on By-law No. 92-104 on conflicts of interest previously noted and with all others voting in fayour. Committee~of AW_.,,~.~.e~~ ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor, that the Mayor and Alderman Cummings continue to attend the Committee of Adjustment meetings. _O~ric~ Unanirnmj~l~ -Niasqra Falls BRaminton ~h,..~ ? His Worship Mayor Thomson referred to discussions held with the Niagara Falls Badminton Club who had requested exemption from the landfill fe~ and disposal of debris on adjacent property. ORDERED on the motion of Alderman Hendershot, seconded by Alderman 3herar, that the request be granted and that Permission be given to work with the Mun/cipal Works Depaament..~ Mayor Thomson referred to the to the Governor General to attend. l$Oth Anniversary of the Chippawa Town Hall and the invitation lJ~lted Wa~ Alderman Cummings requested Coun ' '... DE D on the o,,on of cu='monles ,or n.ted way. -11 - Blossom Festival Parade Alderman Cummings referred to the Blossom Festival Parade that will be held Saturday, May 9, 1992 and invited everyone to attend. Illegal Dumping Alderman Fisher referred to illegal dumping and requested that citizens clean up the debris. 10-ban Garbage Limit Meeting His Worship Mayor Thomson advised of the meeting to be held on Wednesday, May 6, 1992 regarding the lO-bag garbage limit. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOFrED, EC MAYOR WAYNE THOM3ON NINI~TEENTH MEETING COMMrffEE OF THE ~,VHOLF_, Committee Room #2 May 11, 1992 Council met on Monday, May 11, 1992 at 6:30 in Committee of the Whole. All members of Council were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, PLANNING MEETING Council Chambers May 11, 1992 Council met on Monday, May 11, 1992, at 7:45 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. CONFLICTS OF INTEREST_ Alderman Hendershot declared a conflict of interest on Report PD-92-61 because a member of his family OWns a store in the area. Alderman Susin declared a conflict of interest on Cheque No. 77569 dealing with Centre Street projects and because he is a contractor. Alderman Craitor declared a contliet of interest on Cheque Nos. 77794, 77795, and on Report F92-21 because his wife is employed by the Region. REPORTS - PLANNING MATTERS His Worship Mayor Thomson declared a conflict of interest on Zoning Amendment Application AM-2/92, because his wife is employed by an establishment that has an interest in the matter. His Worship Mayor Thomson left the meeting and Alderman Bruce Cowan took the Chair. l -2- -3- PD-92-64 - Chief Administrative Officer - Re: Official Plan & Zoning By-Law Amendments Applications O.P.A. No. 207 and AM-2/92, Q.E.W. Mount Properties Inc., Southwest corner of Mountain and Mewbum Roads. The report recommends the following: 1) That the recommendations contained in Staff Report PD-92-24 be adopted; 2) That staff be directed to initiate an application to the Ministry of Transportation Ontario to change Mountain Road's Controlled Access Highway designation as it affects the subject application, provided the applicant provides any necessary supporting studies and materials; 3) That the concerns of the residents of Mount Forest Village, raised in a letter from T.A. Richardson dated April 22, 1992, be addressed through the Site Plan process and in a site plan agreement; 4) That a by-law be prepared for approval at a subsequent Council meeting to ensure there will be no parking along Mewburn Road between Mountain and Schoffield Roads; 5) That the applicant dedicate a reserve to the City, where required, along the west side of Mewbum Road to ensure controlled access to Mewburn Road; 6) That the amendments to the Official Plan and Zoning By-law, as well as Council's approval of a site plan agreement, be passed simultaneously. Communication No. 185 - Mr. John Rodey, Mountainview Homes. The communication provides clarification of matters and concerns regarding the Price Club application. Communication No. 186 - R.L. Pennycooke, Smith, Lyons, Torrance, Stevenson & Mayer. The communication indicates strong objection to the approval of the Price Club proposal. Communication No. 187 - Smith, Lyeas, Torrance, Stevenson & Mayer - Submission by R. Cheesman - February 10, 1992. The communication expresses concerns of the proposed amendments to the Official Plan and Zoning By-law for the proposed Price Club Inc. Communication No. 188 - Mx. Frank Di Martinc. The eemmunicatlon indicates being in favour of the proposed amendments. Communication No. 189 - Gaetan & Rita Levesseur. The communication indicates being in favour of the establishment of a Price Club on Mewburn Road. Communication No. 190 - Mr. V. Muratori, Sullivan, Mahoney, on behalf of River Realty Development (1976) Inc. The communication expresses opposition to the application and urges Council to re-confirm their decision to deny the application. Communication No. 191 - CN Engineering Services. The communication advises as having no objections to the proposed official plan and zoning by-law amendments. Communication No. 192 - Mr. Tom Richardson, Sullivan, Mahoney. The communication advises if concerns of the residents of Mount Forest Village are addressed in the manner proposed to the resident's satisfaction, the residents would be prepared to withdraw their objections. Communication No. 193 - Ministry of Transportation. The communication expresses concern regarding an antranee/intersection between the ramp terminal and Mewburn Road, 'and the entrance would be opposite an interchange ramp taper, and indicates that these problems were not addressed in the Traffic Report, and are tha main reason why the Controlled Access Highway designation extends to Mewburn Road. CommunicaUon No. 194 - Aird & Bedis, on behalf of IPCF Inc. (Mr. Grocer, No Frills). The communication expresses opposition to the proposed application and the absence of a market impact analysis, and urged Council to refuse the application. Communication No. 195 - Niagara Falls Economic Development Agency. The communication expresses support of the proposed Price Club development. Acting Mayor Bruce Cowan declared the Public Meeting open and reed the procedure to be followed under the Planning Act. The Director of PIning and Development advised that the Notice of the Public Meeting had been fonvarded by first class mail thirty days in advance of the public meeting to all land owners in the area. Acting Mayor Bruce Cowan received indication that Mr. John Rodey was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development advised that Council had directed staff to give proper notice under the Planning Act 1990 to permit a second public meeting to reconsider the Official Plan Amendment application O.P.A. No. 207 and Zoning By-law Amendment application AM-2/92 to permit the development of a Price Club cash and carry retail warehouse. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed information included in the Addenduur Technical Report No. PD-92-59; and addressed the following issues: concerns of existing retailers; the economic impact; access; future potential land uses; application procedures; screening, fencing and landscaping; land use compatibility; and indicated that the Price Club would be a suitable application. Acting Mayor Bruce Cowan received a positive response to his request for comments from persons, other than the applicant or his agent, in suppot~ of the application, and received a positive response from persons opposed to the application. Mr. Tom Richardson, Sullivan, Mahoney, on behalf of the residents of Mount Forest Village, indicated that the residents of Mount Forest Village would withdraw their objections if the height, fencing, landscaping would be included in the Zoning By-law, as well as the Site Plan Agreement, and further that the rate payers be considered as part of the Site Planning Process to ensure that these concerns would be met. Mr. Boxma, Solicitor, Smith, Lyons, Torrance, Stevenson & Mayer, representing the Oshawa Group Limited referred to correspondence dated April 28, 1992 from Mr. Pennycooke outlining the concerns, problems and the impact of a proposed Price Club to the existing retail facilities in Niagara Falls. Mr. Boxma indicated that the Oshawa 6roup's main concern was the Market Impact Study performed by the Thomas Consultants International, which failed to identify the seven concerns as ou~ined in Mr. Peunycooke's letter, and further expressed the Oshawa Group's objections to the approval of the Price Club proposal. Mr. Ross Stnssnn, A & P Properties advised that the A & P Properties group supported Council's recommendation of February 10, 1992 to deny the application, and discussed the economical impact of such a proposal and cross-border shopping. Mr. John Rodey, Mountainview Homes responded to the market impact study performed by Thomas Consultants; referred to site specific resoning; road improvements; access to and from the development; job projections of 150 to 450 jobs; creation of additional jobs in the community. The Solicitor responded to questions regarding site specific operations; and intended uses to be cash and carry type of operations. The Direaor of PIning and Development referred to the commercial designation of the property; the nature of the application, and discussed the use of "knock-down barriers". Since no further comments were forthcoming, Acting Mayor Bruce Cowan declared the Public Meeting with regard to Application AM-2/92 closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot that the motion of February 10, 1992 to deny the application be rescinded. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the recommendations be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the COmmUlliCatiOns be received and fried. Carried Unanimously. His Worship Mayor Thomson resumed the Chair. PD-92-60 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM-10/92; Angelo Muraco, 6769-6781 Lundy's Lane. The report recommends the following: 1) That the application to permit a billlard hall as a permitted use on the property known municipally as 67696781 Lundy's Lane, be supported from a physical planning perspective; 2) Thatsub~eatoC~unci~~sappr~vei~ftheapp~icati~n~theamandingby~~awb~~reparedf~rena~tment at a subsequent Council meeting; 3) That the applicant, the Social Planning Council and the Regional Municipality of Niagara be advised of Council's decision. Communication No. 19S - Regional Niagara Planning and Development Department. communication indicates as having no objection to the approval of the application. The Communication No. 196 - Regional Public Works. The communication indicates as having no objections to the zoning by-hw amendment. Communication No. 197 - Ernest Devito & Angeline Devito. The communication states as being vehemen~y opposed to the amendment and requests that Council deny the application. Communication No. 198 - lames T. Tucker, First Choice Haircutters. The communication indicates as being opposed to the proposed amendment to the City Zoning By-law. Cormnunication No. 199 - CN - Engineering Services. The communication states having no objections to the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to b~ followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded by first class mail thirty days in advance of the public meeting to land owners in the area. His Worship Mayor Thomson received indication that Mr. Dante MarineIll was in attendance on behalf of the applicant; and received a positive response W 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-92-52; Background; Official Plan; Nature of the Zone Change; Llcenclng; Impact; .and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. A relative addressed Council on behalf of Mr. and Mrs. DeVito and conveyed their opposition to the proposed billiards hall and expressed concerns regarding loitering, vandalism in the area, the safety and welfare of the children in the neighbourhood, the social impact on the residents adjacent to the plaza, and requested that Council deny the application. Mr. Jim Tucker, First Choice Haircutters, stated that he had been a tenant in the plaza for the past ten years and had exercised their renewal option on their lease; expressed concerns regarding loitering, gangs, loud music, and indicated that a proposed billlard hall would hurt his business and requested that Council deny the application. Mr. Robert Judge, 5818 Depew Avenue, expressed concerns regarding the safety and welfare of the residents and requested that Council deny the application. Mr. Dante Marineill, Solicitor, discussed the changes in the environmere of present billlard halls and the permanent land uses in the area along Lundy's Lane; and indicated that the present structure would easily accommodate a billiards hall; responded to the concerns of Mr. & Mrs. De Vito and Mr. TuckQr and indicated existing billlard halls have not had any complaints. Some discussion was held regarding licencing of billlard halls, updating licencing by-law and hours of operation in billlard hall establishments. Since no further conunents were forthcoming, Mayor Wayne Thomson declared the Public Meeting with regard to Application AM-10/92 closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that the application be denied. Carried Unanimously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the communications be received and fried. Carried Unanimously. PD-92-61 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM-9/92; Curtis Gall Development Corporation; South side of Thorold Stone Road, West of Dorchester. The report recommends the following: 1) That Council support the Zoning By-law amendment to permit the 300 sq.m parcel of land to be used and recognized to only provide overflow parking in conjunction with the Monroe Plaza; 2) That the applicant be required to pay the costs of constructing a l.Sm wide sidewalk across the frontage of the subject lands on Thorold Stone Road; 3) That the lands be made subject to Site Plan Control and that the amending by-laws to be prepared for a subsequent Council meeting include site specific provisions to only permit the lands to be used for overflow parking in conjunction with the Monroe Plaza and to require a minimum of 20% of the site to be landscaped open space; 4) That the applicant and the Regional Municipality of Niagara he advised of Council's decision. Commtmlcalion No. 200 - Regional Niagara Planning and Development Department. communication indicates as having no objeaton to the approval of the application. The Communication No. 201 - Regional Public Work. The communication indicates as having no objections to the zoning by-law amendmont. -6- -7 - Communication No. 202 - Mr. John H. Carter, 6993 Thorold Stone Road. The communication indicates having objections to the proposed amendment. Communication No. 203 - lsobel Walker, 6971 Thorold Stone Road. The communication indicates having objections to the proposed amendment and requests that the application be rejected. Communication No. 204 - CN - Engineering Services. The communication advises as having no objections to the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded by first class mail on April 10, 1992 to land owners in the area. His Worship Mayor Thomson received indication that Mr. Dante Marinelli was in aRendance 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 lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-53; Background; Official Plan; Nature of the Zone Change; Parking & Access; Landscaping; Site Plan Control. 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. Mr. Marinelli indicated that the lands are to be downzoned to parking to permit overflow parking in the plaza; discussed the site plan control and the requirements of 20% landscaping. Mr. Marinelli responded to questions regarding the cutting down of matere trees. Following some discussion, it was noted that the applicant be approached and be requested to place on site, several mature trees of 40 feet or better in height. Since no further comments were forthcoming, Mayor Wayne Thomson declared the Public Meeting with regard to Application AM-9/92 closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the application be approved and adopted. The motion Carried with Alderman Janvary voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Aldermen 3herar, that the commtmieations be received and filed. Carried Unanimously. PD-92-52 - Chid Administrative Officer - Re: zoning By-law Amendment Application AM-8/92, Grant $auder, 4437 ~.~/.7 Queen Street. The report recommends the following: 1) That the application to permit a billlard hall and a pinball and electronic game machines establishment as a permitted use on the property known municipally as 4437 A.~.~.7 Queen Street and to permit the second floor of the building to be convened into dwelling units, be supported from a physical planning perspective; 2) That subject to Council's approval of the application, that the use be exempt from being required to provide parking; 3) That subject to Councll's approval of the application, the amending by-law be prepared for enactment at a subsequent Council m~eting; 4) That the applicant, the Social PIning Council, the Downtown Board of Management and the Regional Municipality of Niagara be advised of Council's decision. -AND- Communication No. 205 - Regional Niagara Planning and Development Department. communication indicates as having no objection to the approval of the application. The Communication No. 206 - Regional Public Works. The communication indicates as having no objections to the zoning by-law amendmere. Conununieation No. 207 - Downtown Board of Management, Niagara Falls. The communication indicates that a billiard hall would not be in conformity with the plans of the planning department and the downtown business people. Communication No. 208 - Cataract Ice Limited. The communication indicates being in favour of the proposed application. Communication No. 209 - CN - Engineering Services. The communication indicates as having no objections to the application. Communication No. 210 - Petition from concerned citizens regarding the properties at 4437-4447 Queen Street. The petition advises opposition to the proposal and indicates that this type of enterprise may cause the loss of present employers and consumers. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The DireoWr of Planning and Development advised that the Notice of the Public Meeting had been forwarded by first class mail on April 10, 1992 to owners in the area. His Worship Mayor Thomson received indication that Mr. Grant Sauder 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 PIning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-57; Planning Review; Background; Official Plan; Nature of the Zone Change; Liceheine; Impact; and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other then the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Mr. W. Wilson, ~.~. 1 Park Street expressed concerns regarding loitering, encouraging youth to use the billiard hall as a "hengout". Mr. Stephanlc, ~.~/.5 Park Street expressed concerns regarding gangs, loitering, lack of parking spaces, atreet parking. l~r. Staphanic indicated that the buildings were old and should be demolished. Anna Cor~eld, Downtown Board of Management, indicated that there were objections from the business community for a billlard hall in the downtown area, but was not opposed to residential accommodations. The Director of Planning and Development addressed parking concerns and parking exemptions. Mr. Grant Sauder responded to questions and stated that the buildings should be repaired and not tom down, and indicated that the by-law allows apartments overtop of commercial areas. Mr. Sauder requested approval for reduction of the rear yard and for upper older offices to be convened to -8- Since no further comments were forthcoming, Mayor Wayne Thomson declared the Public Meeting with regard to Application AM-8/92 closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that the application to permit a b~liards hall and pinbail and electronic game machines establishment on the ground floor of the building be denied, and further that dwelling units on the second floor of the entire building be permitted, and that relief from parking be permitted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communications be received and fled. Carried Unanimously. ***** His Worship Mayor Thomson declared a conflict of interest on Zoning Amendment Application AM-7/92, because his wife has a business in the area. His Worship Mayor Thomson left the meeling and Alderman Pat Cummings took the Chair. PD-92-(}3 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM-7/92, Horizon Adventures Inc., 5200 Robinson Street. The report recommends the following: 1) That Council not support the Zoning By-law amendment application to permit a crane to be used for a bungee jump amusement attraction on a parcel of land located immediately to the west of the SkyIon Tower; 2) That the applicant and the Regional Municipality of Niagara be advised accordingly. Communication No. 211 - Regional Niagara Planning and Development Department. communication indicates as having no objection to the approval of the application. The Communication No. 212 - Regional Public Works. The communication indicates as having no objections to the zoning by-law amendment. Communication No. 213 - CN - Engineering Services. The communication indicates as having no objections to the application. Acting Mayor Pat Cummings declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded by first class mail on April 10, 1992 to owners in the area. Acting Mayor Pat Cummings received indication that Mr. Dante MarineIll 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 ail 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 discussad the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-56; Planning Review; Background; Previous Applications; Official Plan; New Official Plan; Nature of the Zone Change; and Comments from the Public Notification Process. Acting Mayor Pat Cummings received a positive 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. The Dir~tor of PIning and Development responded to questions regarding land use; high visibility; and height variations. -9- Mr. George Yarrich, President, SkyIon Tower indicated he was in favour of the proposal; that this was an acceptable form of entertainment. Mr. Dante MarineIll indicated the crane was only to be a temporary structure and that it would be lowered at the end of each day. Mr. MarineIll asked that the request be supported. Since no further comments were forthcoming, Acting Mayor Pat Cummings declared the Public Meeting with regard to Application AM-7/92 closed. ORDERED on the motion of Alderman err, seconded by Alderman Craitor, that the request be received and adopted. The motion Carried with Alderman Ward opposed to the motion and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the communications be received and filed. Carried Unanimously. His Worship M~or Thomson resumed the Chair. REGULAR COUNCIL MATFERS ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the minutes of the Regular Meeting of May 4, 1992 be adopted as printed. Carried Unanimously. COMMUNICATIONS Communication No. 214 - Jean J. Charest, Minister of the Environment - Re: Battle of Chippawa - The communication advises Council of the position of Environment Canada's Parks Service. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor that the communication be referred to the Battle of Chippawa Committee. Carried Unanimously. Communication No. 215 - Recycling Council of Ontario - Re: Proclamation - The communication requests that Council declare the week of September 27 - October 4, 1992 as "Waste Reduction Week", and further that a Waste Reduction Week Coordination Team be appointed including a coordinator from the government as well as a local citizen. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request the request be epproved subject to established policy and funher that the conununication be referred to staff and to Parks and Recreation. Carried Unanimously. Communication No. 216 - Elizabeth Tennis, Terry Fox Organizing Committee, Acres International Limited - Re: 12th Annual Terry Fox Run - The communication requests permission from Council to host the 12th Annual Terry Fox Run on September 20, 1992 and to use Oakes Park as the start and finish location. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the request be approved subject to established policy. Carried Unanimously. Communication No. 217 - Occupation Help & Development Centre - Re: Ministry of Labour. The communication advises that the Ministry of Labour is making additional funds available to Help Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed for the information of Council. The motion Carried with Alderman Craitor declasing a conflict of interest because he is a member of the Board of Directors, and with all others voting in favour. - 10 - - 11 - REPORTS B92-31 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for April, 1992. The report recommends that this re, port be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and fried. Carried Unanimously. B-92-32 - Chief Administrative Officer - Re: Ceiling at Stamford Arena. The communication recommends that staff be authorized to proceed with the replacement of an Aluma-Zorbv low emissivity ceiling in Stamford Arena at a renegotiated cost of $25,000.00 ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMFITEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. MYV-92-124 - Contract 91-111 - Road Reconstructinn on Stamford Green Drive, Linden Avenue, St. Patrick Avenue and Brock Street - that Alternative No. 1 be chosen which provides for the complete road design change on Stamford Green Drive from Dorchester Road to St. George Avenue at an estimated cost of $281,000 and that improvement works be carried out on Linden Avenue to improve the road grades. The motion Carried with Aldermen err, Puttick and Cowan opposed and with all others voting in fayour. MYV-92-125 - IAon's Club Parade - Request for Waiving of Parade Costs - that all costs associated with the set up and disassembly of all barricades, signing and manpower for the Lion's Club parade schaduled for Saturday, lune 6, 1992, be waived. The motion Carried with Alderman Ward declaring a conflict of interest and with all others voting in favour. Carried Unanimously. F-92-20 - Chief Administrative Officer - Re: Municipal Accounts. The repor~ recommends that the accounts totalling $5,305,704.01 for the period ending May 11, 1992, be approved by the passing of the by-law appearing later on the ageoda. ORDERED on the motion of Alderman Hendershnt, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 92-109. F-92-21 - Chief Administrative Officer - Re: 1992 Tax Rates. The report recommends that the Council of the City of Niagara Falls receive this report for information. ORDERED on the motion of Alderman Headershot, seconded by Alderman Cummings, that the report be received and filed. The motion CarriM with Alderman Germane declaring a conflict of interest, because a member of her family is employed by the School Board; Aldermen Headershot and Janvary declared conflicts of interest because they are employed by the School Board; Alderman Craitor declaring a conflict of interest previously noted; Alderman Puttick voting contrary to the motion and with all others voting in fayour. RATIFICATION OF FINANCE COMMrlTEE ACTIONS ORDERED on the motion of Alderman Hendershet, seconded by Alderman Fisher, that the actions taken on the following reports by the Finance Committee, earlier Ibis evening, be approved. FC-92-13 - Slatemeat of Taxes R__,~4__vable at April 30, 1992 - That the report be received and filed. FC-92-14- 1992 Water Supply System Budget and 1992-1993 Proposed Water Rates and Services Charges - To accept Report FC-92-14 and the rate increase of 5%. FC-92-15 - 1992 Current Operating Budget and Tax Rates - That the City budget be approved and referred to Council for approval. Carried Unanimously. CD-92-48 - Chief Administrative Officer - Re: Circulation of Council Packages. The report recommends the following: 1) That the Clerk's Office only provide full Agenda Packages to all members of Municipal Council, Municipal staff as oudined in this repo~, Regional Chairman Metfelt and our Regional Councillors, the Niagara Falls Review, C.J.R.N. Radio, the Niagara Falls E.D.A. and Mrs. Saezkowski (Local History Librarian for archival assistance). 2) That all other persons, finns or organizations be permitted the Order of Business and only those reports, which they may from time to time request. ORDERED on the motion of Alderman Headershot, seconded by Alderman Cummings, the report be received and adopted with the following deletions: that Regional Councillors, except Regional Chairman, be deleted from the distribution list; that the Niagara Falls E.D.A. be deleted from the distribution list and further that a definite rate be established for providing full agenda packages upon request. Carried Unanimously. CD-92.49 - Chief Administrative Officer - Re: AM-33/91, Restricted Area By-law 92-79, Beaver Valley Subdivision Rezoning. The report recommends that Council reaffirm its approval of By-law 92-79, in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the By-law and letter of objection to the Board with the request for a Hearing. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMft-r~E OF THE WHOLE ACTIONS_ ORDERED on the motion of Alderman Hendarshot, seconded by Alderman Craltor, that the actions taken on the following report by the Committee of the Whole, earlier this evening, be approved. That the arrangements regarding payment of tax arrears (Dunn Street) be adopted. RESOLUTIONS No. 29 - CUMIMINGS, COWAN, 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. (~z~rried Unanimously. No. 30 - HENDERSIIO T, CUMMINGS, RESOLVED that Whereas The Aeronautics Act, The National Transportation Act, Air Regulations, Air Transportation Regulations and other Federal legislation control virtually every aspect of a proponent's helicopter operations; AND WHEREAS the existing Federal legislation allow the helicopter operator, who holds a valid Operating Certificate, to pick up and discharge passengers anywhere in Canada provided that there is no breach of the Low Flying Regulations; AND WHEREAS most rural areas of Canada are not covered by the Low Flying Regulations; AND WHEREAS these uncerti~ed locations, known as *points of call" can be used by helicopter operators as staging areas to fly passengers over urban ereas; AND WHEREAS municipal councils and residents in the urban areas, who are impacted by helicopter flights, have no input into this type of an operation; - 12 - - 13 - NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls is opposed to the existing regulations whereby a helicopter operator can pick up and discharge passengers at locations other than at those that have an Operating Certificate; AND FURTHER that the Minister of Transport, The Honourable Jean Corball, be requested to review the existing legislation and to amend it so that "points of call" cannot be used in rural areas to pick up or discharge passengers if the helicopters will be flying over urban areas, unless the "points of call" have a valid Operating Certificate; AND FURTHER that Rob Nicholson, M.P. be requested to assist the City of Niagara Falls in this matter. AND the Seal of the Corporation be hereto aft'ned. Carried Unanimously. No. 31 - CUMMINGS, FISHER, RESOLVED that Whereas The Criminal Code makes it a criminal offence to procure illicit sexual intercourse, live off the avails of prostitution, and solicit or communicate in a public place for the purposes of prostitution; AND WHEREAS the Criminal Code makes the offenses of procuring and living off the avails of prostitution an indictable offence; AND WHEREAS the Criminal Code makes the offenc~ of soliciting or communicating in a public place for the purposes of prostitution a summary conviction offence; AND WHEREAS the Minister for Justice and the Attorney General of Canada are responsible for the Criminal Code of Canada; AND WHEREAS the Attorney General for Ontario is responsible for prosecuting and setting down the guidelines for Provincial Crown Attorneys in respect of the sentencing of offenders for prostitution related offenses; AND WHEREAS the City of Niagara Falls has one of the highest incidence of prostitution in Canada; AND WHEREAS City Council and local residents have concerns about the damage this type of activity has to their City and businesses; AND WHEREAS City Council and local residents have further concerns about the ability of the Criminal Code to control this bebaviour; AND WHEREAS the Niagara Regional Police Force would appear to be frustrated in their attempts to control or eliminate this a~tivity; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls request the Minister of Justice and the Attorney General for Canada to review the existing legislation and make such amendments as are necessary to make the offence of soliciting or communicating in a public place for the purposes of prostitution an indictable offence, and such other amendments that would improve the control or eliminate the presence of prostitutes in Canada; AND FURTHER that the Attorney General for Ontario amend the guidelines provided to Crown Attorneys such that repeat offenders are dealt with more severely and that a term of imprisonment be requested; AND FURTHER that Rob Nicholson, M.P. be requested to assist the City of Niagara Falls in this matter; AND FURTHER that Margaret Harrington, M.P.P. be requested to assist the city of Niagara Falls in this matter. AND the Seal of the Corporation be hereto affLxed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-105 A by-law to provide for the appropriations for the appropriations for the year 1992. 92-106 A by-law to provide for the collection of taxes for the year 1992. 92-107 A by-law to fix the rate of taxation for the year 1992 and to provide for the levying of taxes. 92-108 A by-law to amend By-law 75-200, Schedule of Water Rates and Service Charges. . 92-109 A by-law to provide monies for general purposes (May 11, 1992). The motion C~led with Aldermen Craltor, and 5usin abstaining from the vote on By-law No. 92-109 on conflieta of intarest previonsly not0d and with all othon 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: 92-105 A by-law to provide for the appropriations for the year 1992. 92-106 A by-law to provide for the collection of taxes for the year 1992. 92-107 A by-law to fix the rate of taxation for the year 1992 and to provide for the levying of taxes. 92-108 A by-law to amend By-law 75-200, Schedule of Water Rates and Service Charges. 92-109 A by-law to provide monies for general purposes (May 11, 1992). The motion Carried with Aldermen Craltor, and Susin abstaining from the vote on By-law No. 92-109 on conflicts of interest previously noted and with all others voting in fayour. NEA~ BUSINESS Message of Condolence ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that a letter of condolence be sent to the family of the late James Allan. Blnssom Parade Alderman Cummings commented on the success of the Niagara Falls Blossom Parade on Saturday, May 9, 1992. Alderman Germane thanked Alderman Cummings for the excellent work he had done on behalf of the Blossom Festival. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Garmano that a letter of appreciation be sent to the members of Niagara Promotion for their excellent work in the Blossom Parade. Carried Unanimously. Fireworks Display His Worship Mayor Thomson referred to the excellent Grncci family fireworks display, courtesy of Brights Wines on Saturday, May 9, 1992 to kick off InterVin. Mayor Thomson stated that such displays should be encouraged in future years. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that a letter of appreciation be sent to the Grucci family for their excellent fireworks display. GAMS Tour ORDERED on the motion of Alderman Fisher, seconded by Alderman Germane, that a letter of thanks be sent in appreciation for an excellent tour of the Ground Aerial Maintenance Services facilities (GAMS). Alderman Puttick referred to an article by Mr. Fred Sagel enti~ed "Where have all the Leaders Gone'/", regarding keeping students in school and not on welfare or unemployment. " ...13 ...14 ~L - 14 - ORDERED on the motion of Alderman Ward, seconded by Alderman Hendarshot, that tho meeting be adjourned. Carried Unanimously. TWENTIETH MEETING SPECIAL MEETING READ AND ADOPTED, Committee Room It 1 May 19, 1992 Council met on Tuesday, May 19, 1992 at 4:30 p.m. for the purpose of a Special Meeting to consider a by-law to amend By-law No. 79-200, as amended. Aldermen Craitor, Cummings, Fisher, Germano, Hendershot, and Orr were present. His Worship Mayor Thomson presided as Chairman. Prior to considering the rezoning by-law, His Worship Mayor Thomson submitted the following communication to Council: Communication No. 218 - Marco Polo Foundation & SL Ann's Church - Re: Rental fee - The communication requests that Council waive the fee for building rental at the Niagara Falls Arena for June 7th, 1992. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that thd request be approved. Carried Unanimously. His Worship Mayor Thomson declared a conflict of interest on By-law No. 92-110, because his wife has a business in the area. ORDERED on the motion of Alderman Germano, seconded by Alderman Hendershot, that Alderman Pat Cummings take the Chair. Carried UnanimousIv. Acting Mayor Pat Cummings stated that the purpose of the meeting was to cons/tier the rezoning by-law to permit a crane to be used for a bungee jumping amusement attraction on a parcel of land located immediately to the West of the Sky/on Tower. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cra/tor, that leave be granted to introduce the following by-law, and the by-law be read a first time: 92-110 - A by-law to amend By-law No. 79-200, as amended. The motion Carried with Acting Mayor Pat Cummings voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that the following by-law be now read a second and third time: 92-110 - A by-law to amend By-law No, 79-200, as amended. The motion Ci~rried with Acting Mayor Pat Cummings voting contrary to the motion and with all others voting in favour. It was moved by Acting Mayor Pat Cummings, seconded by AIderman Hendershot, that the meeting adjourn. RT~ AD TED, "E:"C~ WAG~~ ................. ~ ..... MAYOR WAYNE THOMSON TWENTIETH MEETING COMMITrEE OF THE WHOL__E Committee Room #2 May 25, 1992 Council met on Monday, May 25, 1992 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Sherat, who was on vacation, were present. Alderman Susin 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 25, 1992 Council met on Monday, May 25, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Shetar, who was on vacation, were present. His Worship Mayor Thontsoa presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTF_~ Alderman Craitor requested that the Minutes of May 11, 1992 be amended to indicate his conflict on Communication No. 217 was because he is a member of the Board of Directors. Alderman Put'tick requested that it be noted he had declared a conflict of interest on the Price Club matter several weeks ago, but that it was not necessary to declare the conflict. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the minutes of the Planning Meeting of May 11, 1992 be adopted as amended and that the minutes of the Special Meeting of May 19, 1992, be adopted as printed. Carried Unanimously. CONFLICTS OF INTERF-SX Aideman Cowan declared a conflict of interest on Cheque No. 78153, because he is receiving remuneration from the company. Aideman Janvary declared a conflict of interest on Report MW-92-128, because of the close proximity to her home (Sheldon Avenue). -2- -3- Alderman Cummings declared a conflict of interest on Cheque No. 77933, because his wife is employed by Niagara Promotions. Alderman Germane declared a conflict of interest on Cheque No. 77983, because her daughter is employed by the School Board. Alderman Craitor declared a conflict of interest on Cheque No. 77936, because he is a member of the Board; and on Cheque No. 77954, because his wife is employed by the Region. Alderman Ward indicated a conflict of interest on Cheque No. 77980, but the cheque has been cancelled. Communication No. 219 - Town of Fort Erie. The communication requests Council support a resolution regarding the Impact of Casino Gambling on the Fort Erie Race Track. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimously. Communication No. 220 - Town of Newmarket. The communication requests Council support a resolution opposing any proposal to invest funds from the Ontario Municipal Employees Retirement System with any purpose, priority or goal other than to fund the pensions of the contributors. ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the request be received and adopted. Carried Unanimously. ~ R~sOl~liOn Nol PRESENTATION Achievement Awards - A,N. Myer Council on World Affairs His Worship Mayor Thomson inUoduced Mr. Mike Keenan, Coach, A.N. Myer School who provided a brief summary of the competitions attended by Council on World Affairs and stated that the Council had done exceedingly well in events from Harvard, Yale and Kent State Universities. Mr. Keenan thanked Cynthia Roberrs and Alderman Kim Craitor for the efforts they had put forth. His Worship Mayor Thomson congratulated and presented Achievement Awards to the members of the A.N. Myer Council on World Affairs and introduced Miss Kelly Keenan, President of the Council on World Affairs, who accepted awards on behalf of those individuals who could not attend. Miss Keenan provided highlights of the Council's achievements which included holding a 3rd Annual Conference on Global Awareness and indicated that the events this year would include 7 Security Councils, 2 Arab Leagues and a 50-member Committee on the Environment; participation at Harvard University where awards in specialized committees which included the Security Council, International Court of Justice and the European Summit were won; attended competitions at Yale and won 3rd place as a group, and took first place at Kent University. His Worship Mayor Thomson thanked all the participants for the recognition that they have given tO the community. DEPUTATION Amy Bignucolo, Project S.H.A.R.E. presented a brief with the following information: that in the First Quarter of 1992, Project S.H.A.R.E. served, 4,750 clients who were homeless, hungry, or in an emergency situation; that 43% were children under the age of 18 years of age; that 55% are homeless individuals or those who lack affordable housing; that the Agency has served 643 more consumers in the First Quarter of 1992 as compared to the First Quarter of 1991; that approximately 12,500 pounds of food are needed each month and that 17% are in receipt of U.I.C. benefits or are working full time, living below the poverty line. Alderman Puttick requested information regarding a breakstown of statistics on the number of children under the age of 18 that are classified in the 43% range. His Worship Mayor Thomson thanked Ms. Bignucolo for her presentation and requested that statistics be provided to Alderman Puttick for his enquiry. ' COMMUNICATIONS Communication No. 218 - Niagara Peninsula Electrical Contractors Association Inc.- Re: Street Light Maintenance Tenders of December 23, 1991. The communication requests examination of tenders submitted on the project and to review the tantiering process. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communication be referred to staff. Carried Unanimously. Communication No. 221 - City of Welland. The communication requests Council endorse and support a resolution urging the Government of Canada to review current Criminal Legislation as it applies to penalties for sex offenders. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that the request be supported. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Fisher, Heedarshot, Janvary, Puttick, and Ward. NAYE: Aldermen Craitor, Germane, Susin, and err. Communication No. 222 - Corporation of the City of Thorold. The communication advises Council of the recommendations regarding collection and recycling of telephone books and the possibility of collecting used telephone books at time of distribution. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be received and adopted. Carried Unanimously. Communication No. 223(a) - Niagara Industrial Training Advisory Corporation (NITAC). The communication requests Council proclaim June 17th, 1992 as "Community Information Sharing Day", ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the request be approved subject to established policy. Carried Unanimously.. Communication No. 223Co) - Niagara Centre for Independent Living. The communication requests Council proclaim the week of June 1st to/une 7th, 1992 as "National Access Awareness Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. Communication No. 223(c) - The Greater Niagara General Hospital. The communication requests Council proclaim Wednesday, June 3, 1992 as "Lighten Up Niagara Day". ORDERED on the motion of Alderman Cununings, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. Communication No. 224 - Brighis Wines = David G. Diston. The communication requests Council endorse the request for Sunday openings to accommodate the needs of visitors and tourists. ORDERED on the motion of Alderman Germane, seconded by Alderman Cummings, that the request be endorsed. Carried Unanimously. See Resolution No. 33. Communication No. 225 - Dr. K.N. Reddy, Niagara Falls Medical Centre. The communication expresses concerns regarding the District Health Council's decision respecting the C.T. Scan. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, to request the District Health Council to provide information on the make up of the Board, and further that Niagara Falls be given adequate representation on the District Health Council, and that a letter be sent to Margaret Harrington, M.P.P. Carried Unanimously. -4- -5- REPORT~ B-92-33 - Chid Administrative Officer - Re: Site PIn Approval; Proposed 32 Unit Townhouses, Monastery Drive, Mount Cannel HI Subdivision; AM-36/89, By-laws 90-217, 90-218. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed 32 unit townhouse project, and the Site Plan being drawing number 6313-SPI, and the site servicing and grading plan being drawing number 6813-33 and the Landscape Plan and fence details being drawing number 6813 -IS 1 and flied with the Buildings and Inspections Department of the City of Niagara Falls on May 19, 1992 and that such approval be subject to the conditions in the report. ORDERED on the motion of Alderman Headershot, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. B-92-34 - Chief Administrative Officer - Re: Energy Conservation. The report recommends that this report be received for information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. B-92-35 - Chief Administrative Officer - Re: Proposed By-law regarding Tractor Trailers. The report recommends that City staff be instructed to prepare a by-law which will prohibit large tractor trailers from parking in residential areas. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and Moptad. Carried Unanimously. MW-92-128 - Chief Administrative Officer - Re: Local Improvement Works on Sheldon Street. The report recommends that the by-law appearing on tonight's Council agenda authorizing the construction of local improvement works on Sheldon Street from Drummond Road to 56 metres west of St. lanles Avenue be given tirst and second readings. ORDERED on the motion of Alderman Susin, seconded by Alderman err, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 92-111. MV~-92-130 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Reports: 1) Chantwood Traffic Operations Review (MW'-92-109); 2) McRae Street - Parking Restrictions (MW-92-122); 3) McDougall Crescent - Parking Restriction (MW-92-123); 4) Centre Street - Sunday Enforcement; 5) Huron Street at St. Clair Avenue Step Signs; 6) By-law 89-2000 Amendment. The report recommends the following: 1) MW-92-109 - Charnwood Avenue - Traffic Operations Review - that parking be prohibited at all times on the south side of Charnwood Avenue from a point 70m. west of Montrose Road te the east leg of Armstrong Drive and from the west leg of Armstrong Drive tea point 130m. south/west; 2) MW-92-122 -McRae Street- Parking Restrictions - that parking be prohibited on the south side of McRae Street between Stanley Avenue and Buchanan Avenue; 3) MW-92-123 - McDougall Crescent - Parking Restrictions - that parking be prohibited on the south side of McDougall Crescent from Victoria Avenue to Palmet Avenue for a si~ month trial and re-evaluated at the end of that time period; 4) Centre Street - Sunday Enforcement - that approval in principle be granted, to add enforcement for the No Stopping Restriction, on Sundays, along Centre Street, if deemed necessary by Staff; 5) Huron Street and St. Clair Avenue - Stop Signs - that staff remove the internally illuminated stop signs at the intersection of Huron Street and St. Clair Avenue and replace them with larger high intensity reflective signs; 6) By-law 89-2000 Amendments - 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 Ward, seconded by Alderman Craitor, that the reports be received and adopted. The motion (~rri~l with Aldermen Puttick and err voting contrary to Item #3 - McDougall Crescent Parking Restriction and with all others voting in layout. See By-law No. 92-117. 1VBV-92-133 - Chief Administrative Officer - Re: Household Hazardous Waste Day Contract. The report recommends that the prepared contract for Household Hazardous Waste Day services, signed and sealed by a Weedington Systems official, be signed by the appropriate City officials. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No. 92-I16, RATIFICATION OF MUNICIPAL WORKS COMMITI'EE ACTIONS; ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. The motion Carried with Alderman Puttick voting against the cost of doing the reconstruct ion of Stamford Green Drive and with all others voting in fayour. MW-92-127 - T.V. Inspection of Sanitary Sewers - Contract 92-16 - that C.I. Pipeline be awarded the T.V. Inspection Contract at a cost of $46,311 .iX) including all taxes; and that the By-law appearing later tonight on Council's agenda authorizing the execution of an Agreement between the City and C.J. Pipeline be approved. Carried Unanimously. ~e~ By-l~w N0, 92-1 MW-92-129 - Installation of Sump Pumps in Chippawa - that the City proceed with the installation of sump pumps in the Chippawa Community and that approval be given for staff to proceed with four demonstration homes and that City staff have property owners sign a liability waiver before installation. The motion Carried with Alderman Susin opposed to the motion and with all others voting in fayour. IvlW-92-131 - Tourism Map Sub Committee Update - that Report MW-92-131 be received and filed for information and that letters of thanks be sent out from the City to members of the Tourism Map Sub Committee for the excellent job done on the mapping. Carried Unanimously. MW-92-132 - Falls Avenue at Hiram Street All Way Stop Control - that an all-way stop control be installed at the intersection of Falls Avenue and Hiram Street. Carried Unanimously. MW-92-134 - 1992 Road, Sewer & Watermain Construction Schedule - that Report MW-92-134 be received for the information of the Municipal Works and Council. The motion Carried with Aldermen Off and Cowan opposed to Item//20 and with all others voting in favour. MW-92-135 - Contract 91-111 - Road Reconstruction on Stamford Green Drive and Linden Avenue - that Report MW-92-135 be tabled until after the Public Information Session with residents for input to come back to a future Municipal Works Committee, that the Contractor, Volsci Construction Company Inc., be authorized te complete remaining works (i.e. grading, sodding and restoration on Brock Street, St. Patrick Avenue and Stamford Green Drive from St. Paul Avenue to St. George Avenue) outside the fadesign area; and that Volsci Construction Company Inc. be retained to complete all proposed work if staff feel that the prices submitted are reasonable. The motion Carried with Aldermen Off, Janvary, Cowan opposed and with Alderman Puttick opposed to tabling and Public meeting. -6- -7- R-92-12 - Chief Administrative Officer - Re: Proposed Press Box - Niagara South Arena. The report recommends that Council accept the offer made by the Chippawa Amateur Athletic Association Inc. to install a press box at the Niagara South Arena at an estimated cost of $15,000.00 ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the offer be accepted and further that a letter of appreciation be sent to the Chippawa Amateur Athletic Association for their volunteer efforts and for providing a facility in Chippawa. PD-92-68 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lots 6 and 8, Harper Drive, Balmoral Court Subdivision. The report recommends the following: 1) That the request from Sam Cardamone on behalf of Saverio Investments (Niagara Inc.) and 800449 Ontario Ltd. to exempt Lots 6 and 8, Herper Drive, Registered Plan 59M-190 from Part Lot Control be approved and that Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control; 2) That 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 of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 92-112. CD-92-42 - Chief Administrative Officer - Re: Reduction and Refund of Taxes - Section 443 Municipal Act Assessment Roll Number: 27 25 110 001 16700. The report recommends that a reduction of taxes mounting to $54.61 for 1991 be made to Nicholas Panto. ORDERED on the motion of Alderman Ward, seconded by Alderman Off, that the report be received and adopted. Carried Unanimously. CD-92-43 - Chief Administrative Officer - Re: Reduction and Refund of Taxes - Section 443 Municipal Act Assessment Roll Number: 27 25 070 016 10500. The report recommends that a reduction of taxes amounting to $67.64 for 1990 be made to Richard Norman Copeland, 6670 Dorchester Road. ORDERED on the motion of Alderman Ward, seconded by Alderman Off, that the report be received and adopted. Carried Unanimously. CD-92-44 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Foster Subdivision", Owner: Estate of Matthew Foster St. ~he report recommends that the City Clerk be authorized to process the Application for the "Foster 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 Hendarshot, seconded by Alderman Fisher, that the report be received and adopted. Canted Unanimously. CD-9247 - Chief Administrative Officer - Re: Reduction and Refund of Taxes - Section 443 Municipal Act Assessment Roll Number: 27 25 100 003 55203 0000. The report recommends that a reduction of taxes amounting to $36.41 for 1991 be made to Michael & Jennie Fasano, 3933 Glanoakes Avenue. ORDERED on the motion of Alderman Ward, secoMed by Alderman Off, that the report be received and adopted. Carried Unanimously. CD-92-$0 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Country Rose Estates; Owner: 942397 Ontario Inc. (Ivlr. D. Colangelo). The report recommends that the Country Rose Estates Subdivision be approved subject to the conditions enumerated in this Report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-92-$1-6VITHDRAWN) - Re: Monte Carlo/Blackjack Tournament Events. 8-92-22A - Chief Administrative Officer - Re: Flower Vendors. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman lanvary, seconded by Alderman err, that the report be referred to the COmmittee that is studying the matter. Carried Unanimousl_~ F-92-22 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,192,980.88 for the period ending May 18, 1992 and the accounts totalling $1,049,883.88 for the period ending May 25, 1992 be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque Nos. 78001; 78104 and 78114. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No, 92-118, See By-law No. 92-119, RATIFICATION OF FINANCE COMMrFI'EE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the following action taken by the Finance Committee, earlier this evening, be approved: FC-92-17 - General Insurance Report - 1) Firefighters' Accident - that the City increase the principal sum for the Volunteer Firefighters for loss of life and capital dismemberment from $50,000 to $100,000 for an additional annual cost of $3,270. 2) Excess Liability - that the City's liability coverage be amended from $7,000,000 to $10,000,000 at an annual additional cost of $9,200. 3) Environmental Liability - that the City's Environmental Liability Insurance remain at the $1,000,000 limit. 4) Earthquake and Flood Extension to Building Property Insurance - that the City not incur the additional annual cost of the special extension to our property policy to cover earthquake and flood damage to buildings. 5) Boiler and Machinery - that the City procure the Extra Expense Limit of $250,000 in this category and increase the Limit per Accident Comprehensive to $10,000,000 at an additional annual cost of $175 and $170 respectively. Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE ITEMS ORDERED on the motion of Alderman Cowan, seconded by Alderman Germane, that the following action taken by Committee of the Whole, earlier this evening, be approved: 1) J. V. Waterbed - collection of taxes. 2) Firefighters' Arbitration - Board of Arbitration awarded 5-1/2 % wage increase effective January 1, 1991; effective November 1, 1992 a wage increase of 2-3/4% 3) Two Policies - Loss of licenee/membership; and Workplace Harassment. Carried Unanimously. -8- -9- RESOLUTIONS No. 32 - WARD - CUMMINGS - THAT the Council of the City of Niagara Fails strongly objects to any proposai which would merge O.M.E.R.S. investments with other public sector pension funds and which would in effect compromise O.M.E.R.S. investment policies; AND THAT the Province of Ontario be advised that the City of Niagara Fails specificaily opposes the proposai to use O.M.E.R.S. funds to invest in any long term growth industries through a crown corporation as a part of an economic renewai strategy; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 33 ~ ORR - SUSIN - WHEREAS Tourism and Tourism-related Business is vital to the economy of the City of Niagara Fails; AND WHEREAS The Retail Business Holidays Act, Chapter 43, Statutes of Ontario, 1991, provides that ail existing Sunday and Holiday exemption By-laws which were in force prior m lune 3, 1~91 shail remain in force only until December 1, 1992; AND WHEREAS The Retail Business Holidays Act, Chapter 43, Stetetes of Ontario, 1991 provides that a municipality (the Regionai Municipaiity, in our case) may pass by-laws which would permit retail business establishments to be open on Sundays and holidays for the maintenance or development of tourism; AND WHEREAS The Retail Business Holidays Act, Chapter 43, Statutes of Ontario, 1991 permits one or more persons carrying on business in the municipaiity to make application for such an exemption by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: THAT Council is in complete support of any application made on behaif of an on site Wine Retail Outlet which was previously exempt under presently in force Regional By-law 5855-90; AND the Seal of the Corporation be hereto affuted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that leave be granted to introduce the following by-law, and the by-law be read a first time: 92-111 A by-law to authorize the construction of certain works as local improvements under Section 12 of the Local Improvement Act. (Sheldon Street). The motion ~ with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded and with all others voting in fayour. 92,.111 A by-law to authorize the coustruetion of certain works as local improvements under Section 12 of the Local Improvement Act. (Sheldon Street). The motion ~ with Alderman lanvary abstaining from the vote on a conflict of interest previously recorded and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-112 A by-law to designate certain land not to be subject to Part Lot Control (Lots 6-8 Balmoral Court Subdivision - Harper Drive) 92-113 A by-law to amend By-law No. 79-200, as amended (AM5-92) 92-114 A by-law to authorize the execution of a Development Agreement with Canadian Fur Shop of Saltoh Limited and others. 92-115 A by-law to authorize the execution of an agreement with C.J. Pipeline Inspections for the T.V. inspection and high pressure hydraulic cleaning of sanitary sewers. 92-116 A by-law to authorize the execution of an agreement with Woodington Systems Inc. respecting the operation of Household Hazardous Waste Days. 92-117 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. 92-118 A by-law to authorize monies for General Purposes (May 18, 1992). 92-119 A by-law to authorize monies for Generai Purposes (May 25, 1992). The motion Carried with Alderman Cowan abstaining from the vote on By-law No. 92-119 on a conflict of interest previously noted; and Aldermen Cummings, Craitor, Germano and Ward abstaining from the vote on By-law No. 92-118 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-, laws be now read a second and third time: 92-112 92-113 92414 92-11S 92416 92-117 92-118 92-119 A by-law to designate certain land not to be subject to Part Lot Control (Lots 6-8 Baimorai Court Subdivision - Hatper Drive) A by-law to amend By-law No. 79-200, as amended (AM5-92) A by-law to authorize the execution of a Development Agreement with Canadian Fur Shop of Saltoh Limited and others. A by-law to authorize the execution of an agreement with C.J. Pipeline Inspections for the T.V. inspection and high pressure hydraulic cleaning of sanitary sewers. A by-law to authorize the execution of an agreement with Weedington Systems Inc. respecting the operation of Household Hazardous Waste Days. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. A by-law to authorize monies for General Purposes (May 18, 1992). A by-law to authorize monies for General Purposes (May 25, 1992). The motion Carried with Alderman Cowan abstaining from the vote on By-law No. 92-119 on a conflict of interest previously noted; and Aldermen Cummings, Craitor, Germane and Ward abstaining from the vote on By-law No. 92-118 on conflicts of interest previously noted and with ail others voting in favour. NEW BUSINESS Miss Niagara Pageant Alderman Cummings discussed the crowning of the new Miss Niagara, Diana Teale, from Fort Erie, and the success of the pageant. ORDERED on the motion of Aideman Cummings, seconded by Alderman Puttick, that a letter of appreciation be sent to Niagara Promotions for the excellent work done on the event. Alderman Hendershot thanked Alderman Pat Cummings for his efforts in the Blossom Festival. - 10 - - 11 - Flag Raisin~, Alderman Hendershot referred to a flag raising ceremony involving His Worship Mayor Thomson, members of the Civic Committee, the Canada Day Committee, along with the help of Legion members and the Niagara Falls Kinsmen Club, raised two flags in front of City Hall - the Canada 125 flag to celebrate Canada Day on July 1st and a special Canada flag being signed by residents of the community and to be flown over the Peace Tower. Alderman Hendershot thanked all the individuals involved for their participation. Regional Input Regarding Salaries Alderman Puttick referred to the matter of the Region having approved that salaries be given over to the CAO and Head of Departments. Mayor Thomson indicated that as Chairman of the Human Resources committee, he disagreed with the perception that the matter was being referred to the CAO and that Regional Council did not have any input regarding salary increases. His Worship referred to the step adjustment system and the updating of a policy, and indicated that the Region still has control of salary increases. Heliconters Alderman Hendershot referred to helicopters flying out of a restaurant on Sodore Road. His Worship Mayor Thomson stated that the matter was being investigated through legal avenues, but indicated that no approvals were required for licensing. Mayor Thomson advised that several complaints had been received with regard to the selling of souvenirs in trailers on the site. The Director of Buildings and Inspections advised that the matter is being looked into regarding the use of the land for helicopters. Waste Management Committee Alderman Fisher thanked the Director of Buildings and Inspections and Mr. Mel Brown for their assistance regarding recycling of construction waste. Alderman Fisher stated that a waste management committee had been established consisting of City staff, home builders and waste management organizations and requested that the recommendations of the Waste Management Committee be considered - that drywall and lumber be banned from the landfill site; that the City recognize and endorse homebuilders who have a recycling or waste reduction plan. There was some discussion regarding further public input, initiatives to be taken regarding a bin system, and that a recycling system be effected. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the matter be referred to the Waste Management sub-committee. Carried Unanimously. Alderman Fisher refeffed to an article in the Toronto Star of May 22, 1992 regarding the Quebec Government putting the brakes on plans to make all Stop signs in the province "French Only", and complemented members of Council and Alderman Cummings on their efforts regarding the matter of French signs and stated "they did the right thing". Ontario Municinal Recreation Association Alderman Cowan referred to his recent attendance at the Ontario Municipal Recreation Association Conference in Peterborough where it was announced that the City of Niagara Falls will be hosting the 50th Anniversary Conference in 1996, which will bring approximately 600 delegates to the City. Ontario Nurses' Association Alderman Puttick referred to a letter received from the Ontario Nurses' Association expressing concern regarding statements made by Mr. David Diston, Chairperson of the Board of Governors. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot that the letter be forwarded to the Administrator of the Greater Niagara General Hospital for a response. Carried U..animou.sly. - - Article in Review Alderman Puttick referred to conunents made by a retiring Fireman in the Niagara Falls Review and stated that he does not condone such comments. Traffic & Parking Conference Alderman Ward stated he will not be attending the Traffic & Parking Conference being held on May 31st through June 2nd, 1992 and indicated that Alderman Puttick, who is the Vice Chairman will be attending. Social Planning Council Alderman Craitor provided information on the activities of the Social Planning Council and referred to the Mayor's attendance of a Citizen Week at St. Paul High School and discussions that were held regarding a junior city council. Alderman Craitor informed that seed funding has been received from the Ministry of Health for the project beginning September, 1992 to May, 1993 and indicated that six High schools are enthusiastic about becoming involved in the project. Ministry of Tourism and Recreation His Worship Mayor Thomson discussed the Ministry of Tourism and Recreation coming to Niagara Falls and referred to a decision regarding various locations which are presently being looked at: a site adjacent to City Hall; the old Motorville site on River Road; and a site near Niagara Square at the comer of the Q.E.W. and McLeod Road. Mayor Thomson stated he had received copies of several letters which had been sent to the Ministry by a specific group of business people endorsing the Niagara Square site. The Mayor indicated Council had endorsed a downtown site after millions of dollars had been spent in an effort to rejuvenate and stimulate activity in the downtown area, and suggested that Council reaffirm it's decision to the Ministry by endorsing Council's original resolution of support for the Ministry of Tourism locating to the downtown area. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Garmano, that a letter be forwarded to the Ministry of Tourism and Recreation, expressing Council's strong endorsation and support of the Ministry locating to the downtown area. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest, because of the implication of her residence to the proposed site, and with all others voting in fayour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the meeting be adjourned. Carried Unanimously. READ AND ADOFrED, MAYOR WAYNE THOMSON T'vVENTY-FIR~r MEltlING. COMIViI'ITEE OF THE ~V!tOL__~E Committee Room #1 June 1, 1992 Council met on Monday, June 1, 1992 at 6:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Shetar, who was on vacation, and Alderman Puttick, who was at a convention and Alderman Ward who was away on business, were present. Alderman err presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open s~sion. READ AND ADOPTED, .............. MAYOR WAYNE THOMSON REGULAR MEWriNG Council Chambers June I, 1992 Council met on Monday, June 1, 1992 at 7:30 p.m. for the purpose of considering Regular business. All members of Council, with the exception of Alderman Sherar, who was on vacation, and Alderman Puttick, who was attending a convention and Alderman Ward who was away on business, were present. His Worship Mayor Thomson presided as Chairman. Alderman Susin offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Aideman err, that the minutes of the Regular Meeting of May 25, 1992 and the Minutes of the Special Meeting of April 28, 1992, be adopted as printed. Carried Unanimously. CONFLICTS OF INTERF. SF Alderman Craitor declared a conflict of interest on Cheque Nos, 78162 and 78281, because his wife is employed by the Regional Niagara. PRESENTATIONS Nia~,ara Falls Environmental Award His Worship Mayor Thomson presented the Niagara Falls Environmental Award to Mr. El Wightman on bekalf of the citizens of Niagara Falls. Mayor Thomson provided a brief history of Wightmaa's accomplishments which included leading nature tours for the Niagara Falls Nature Club on Wednesday evenings during the summer for the past twenty years; working with public schools in -2- -3~ providing nature hikes for students, stressing the protection of nature and the environment; utilized Fireman's Park, Woodend and Bruce Trail for hikes with students; had started tree seedlings in his back yard which have been transplanted in Firemen's Park; has a collection of native plants and wild flowers in his back yard; has led nature tours as part of Annual Meeting of the Federation of Canadian Naturalists at Brock University. Mr. Wightman is a member of the Niagaxa Falls Nature Club, the Bruce Trail Association and the Federation of Canadian Naturalists. Mr. Wightman thanked Council for the award and requested that Council consider the question - "If all who pass this way today, do what I do, what would it be like tomorrow?". Tourism Map Coordinating Committee His Worship Mayor Thomson provided a brief history of the Tourism Map Committee and indicated that a lot of hard work and effort had been put forth over the past two years to bring the map to completion and proceeded to present tokens of appreciation to tho members of the Tourism Map Co- ordinating Cornmlt~.~. DEPUTATIONS His Worship Mayor Thomson introduced Mr. Anthony Bilotta who discussed the pros and cons of the Q.E.W./McLeod site and the Queen Street site being considered by the Ministry of Tourism and Recreation which included accessibility; availability of parking; cost of services and storm sewers; the economic impact; the now Official Plan identifying McLcod/Montrose site as Major Commercial; tho City's planned Montrose Industrial Park. Mr. Bilotta referred to letters obtained from individuals forwarded to the Ministry were obtained in a forthright manner. His Worship Mayor Thomson responded to Mr. Bilotta's comments and indicated that unfair tactics had been used to obtain letters from individuals and forwarded to the Ministry endorsing the McLeod Road site. Alderman Germano provided a brief summary of events leading to the Ministry of Tourism and Recreation's decision to locate to Niagara Falls. His Worship Mayor Thomson referred to correspondence received from Margaret Harrington, MPP, expressing her views and position on the relocation o,f the Ministry of Tourism and Recreation. Following further discussions, it was ORDERED on the motion of Alderman Germano, seconded by Alderman Fisher, that Council reaffa-m its position to have the Ministry of Tourism and Recreation relocate in the downtown area. The motion Carried with Alderman Orr declaring a conflict of interest due to the close proximity of her residence to the proposed site. His Worship Mayor Thomson declared a two minute adjournment at 8:05 p.m. Following the recess, Council reconvaned at 8:07 p.m. in the Council Chambers. COMMUNICATIONS Communication No. 226 - The Corporation of the Town of Pelham. The communication requests that Council support and endorse a resolution regarding quick fire and medical emergency responses. ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that tho communication be referred to staff for information. Carried Unanimously. Communication No. 227 - Friends of Canada. The communication indicates providing information at the grass roots level with discussions or clarification of the Federal referendum document when it is presented to Canadians. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communication be received and filed. Carried Unanimously. Communication No. 228 - Our Saviour Lutheran Church. The communication requests that lateral services be installed when new sewer lines are installed on Ann Street and that information as to costs and obligations as outlined in the Subdividers Agreement be provided. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that the communication be referred to staff. Carried Unanimously. Communication No. 229 - Corporation of the City of Thorold. The communication requests Council 's support of a resolution rogarding the duplication of services in the planning process in the Regional Municipality of Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the communication be referred to staff. Carried Unanimously. Communication No. 230 - United Way of Niagara Falls. The communication requests Special Occasion Permits for the Optimist Hall and Palmer Park for the 12th Annual Media Slo-Pitch Tournamefft to be held from August 28th to August 30th, 1992; and that consideration be given regarding an additional charge of $600.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that tho request for a Special Occasion Permit be approved, subject to established policy. Carried Unanimously. The Director of Parks and Recreation responded to questions regarding lighting costs, demand charges and indicated that the matter of hooking into tho sweet lighting system is currently being investigated. Following further discussion it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that staff investigate costs regarding lighting. Carried Unanimously. Communication No. 231 - Canada 125 Corporation. The communication requests that Council proclaim June 14, 1992 as "National Neighbourhood Day". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be received and adopted subject to established policy. Carried UnanimouSly, UNFINISHED BUSINESS Communication No. 232 - Regional Budget Allocation. Correspondence regarding Regional Budget Allocation of $19 million for upgrading of the Stanley Avenue Pollution Control Plant and High Lift Pumping/Station - further to Alderman Puttick's inquiry at last night's Municipal Works Committee Meeting (1992 05 25), it has been confirmed that the Region's Capital Budget includes $15 million for upgrading of the Stanley Avenue Pollution Control Plant and $4 million for upgrading of the McLeed Road High Lift Pumping Station. Regional Officials will be invited to a future Municipal Works Committee Meeting to discuss the Region's Capital Budget and projects proposed for Niagara Falls, including these allocations for the Pollution Control Plant and High Lift Pumping Station". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the communication be received and fded and that Alderman Puttick be notified. Carried Unanimously, 11-92-36 - Chief Administrative Officer - Re: Easement Agreement & Development Agreement for proposed overhead pedestrian walkway on Belmont Avenue - Orsini Bros. Inns Inc. The report recommends that Council approve the plans on display, at tonight's meeting, for a proposed pedestrian overhead walkway over Belmont Avenue between the Ramada Suites and the Ramada Coral Inn being ...4 -4- -5- a drawing for Felice Aluminum & Glass and Drawing No.'s C2010 and C2011 and reference Plan No. 59R-7868 and filed with the Buildings & Inspections Department. Also, it is recommended that Council authorize the execution of an Easement Agreement and Development Agreement with respect to the subject walkway, and the execution of the By-laws implementing the foregoing Agreements. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 92-120, See By-law No, 92-121, MV~'-92-137 - Chief Administrative Officer - Re: Contract 92-111 Containment Well Flow Meters/Mountain Road Landfill. The report recommends that Stephens and Rankin Inc. be awarded the above referenced contract. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. IVFvV-92-138 - Chief Administrative Officer - Re: Mowing of Grass Islands in Cul-de-Sacs and Boulevards. The report recommends that the service of curing islands in cul-de-sacs and boulevards be relnstituted by the reallocation of funds from Street's Maintenance Account No. 416. ORDERED on the motion of Alderman Germane, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that staff look into the matter of cul-de-sacs being eliminated and the costs involved. Carried Unanimously. R-92-13 - Chief Administrative Officer - Re: Summer Ice Schedule. The report recommends that the attached schedule for the use of summer ice hours at the Stamford Memorial Arena be approvad by City Council. ORDERED on the motion of Alderman Cununings, seconded by Alderman Cowan, that the report be received and Mopted. Carried Unanimously. PD-92-6S - Chief Administrative Officer - Re: Request for Extension to Drat~ Plan Approval, T.G. Bright's Business Park Subdivision, 26T-88034 (Revised). The report recommends the following: 1) That a Council resolution supporting a one-year extension to the T.G. Bright's Business Park drat~ plan of subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant Inaintahling the appropriate subdivision sign which complies with thu Municipal and Regional requirements; 2) That a copy of this report aria Council's decision be forwarded to the Regional Municipality of Niagara and to River Realty Development Inc. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. - See Resolution No. 34. PD-92-70 - Environmental Planning and Greening Committee - Re: Action Resulting from the Environmental Planning and Greening Conunittee Meeting on May 20, 1992. The report recommends that Council approve the actions resulting from the May 20, 1992 meeting of the Environmental Planning and Greening Comm|tto~ dealing with gem Avenue Industrial Area and the proposed Class Environmental Assessment Process for Conservation Authorities. ORDERED on the motion of Alderman Janvary, seconded by, Alderman Cummings, that the report be received and adopted. Carried Unanimously. F-92-2~ - Chief Administrative Offi~f - Re: Municipal Accounts. The report recommends that the accounts totalling $1,689,509.24 for the p~riod ending June 1, 1992 be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 78166; 78200; 78245; and 78243. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman err opposed to Cheque No. 78161 and with all others voting in favour. See By-law No. 92-122. S-92-22B - Chief Administrative Officer - Re: Serving of Alcoholic Beverages During Special Occasions. The report recommends for the information of Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and fried. Carried Unanimously. RATIFICATION OF COMMI'ITEE OF THE WHOLE ITEMS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following actions taken by Committee of the Whole, earlier this evening, be approved. 1) That a Notice of Appeal be prepared to the Ontario Municipal Board regarding equalized Regional Assessment for the Regional Municipality of Niagara in both the Regional and School Board Market Value Assessment. The motion Carried with Aldermen Craitor, Germane, Hendershot and Janvary declaring conflicts of interest regarding the portion of the School Board and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the City retain the firm of McCarthy Tetrault to prepare the necessary expropriation application document to expropriate the Bright's property immediately west of the Mountain landfill site. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Flex Time Report be received and filed. Carried Unanimously. RESOLUTION No. 34 - CUMMINGS - HSHER - THAT the Council of the Corporation of the City of Niagara Falls hereby supports a one year extension of draft plan approval for the T.G. Bright's 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. Carried Unanimously, B~LAW$ ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-120 A by-law to authorize the execution of an Easement Agreement with Orsini Bros. Inns Inc. 92-121 A by-law to authorize the execution of a Development Agreement with Orsini Bros. Inns 92'122 A by-law to authorize monies for General Purposes (June 1, 1992). The motion C~ied with Alderman Craitor abstaining from the vote on By-law 92-122, on a conflict of interest previously noted; Aldermen Off voting contrary to By-law 92-122, and with all others voting in fayour. -6- ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by- laws be now read a second and third time: 92-120 A by-law to authorize the execution of an Easement Agreement with Orsini Bros. Inns Inc. 92-121 A by-law to authorize the execution of a Development Agreement with Orsini Bros. Inns Inc. 92-122 A by-law to authorize monies for General Purposes (June 1, 1992). The motion ~ with Alderman CraiWr abstaining from the vote on By-law 92-122, on a conflict of interest previously noted; Alderman Off voting contrary By-law 92-122, and with all others voting in favour. NEW BUSINESS ...... Niagara Parks Commission Alderman Cummings referred to the new 1992 booklet published by the Niagara Parks Commission, entitled "Ontario's Niagara Parks Visitors Guide". Corporate Challent, e Alderman Hendershot referred to a Karaoke night being held on Friday, June 5, 1992 at the Niagara South Arean and the 4th Annual Corporate Challenge on Sunday, July 7, 1992 at Oakes Park and invited all members to attend. Ministry of Transportation Alderman Germane requested that a letter be forwarded informing the Ministry of Transportation that Mr. Paul Brennan is no longer the City Clerk. Memorial BJood Donor Clinic His Worship Mayor Thomson discussed a letter r~ceived from Jane Christensen, the wife of the late Don Christensen, a former Alderman and urged members of City Council and City staff to participate in the Memorial Blood Donor Clinic at the Ford Glass Plant on Monday, June 29, 1992 between the hours of 1:00 p.m and 6:00 p.m. Team Niard. ra Tourism His Worship Mayor Thomson referred to meetings held with Team Niagara Tourism task force and others in wjing to expedite traffic on the Rainbow Bridge before the summer season and stated that in order to implement and proceed with the pwgram an additional $45,0G0 would be required for capital works. Following further discussion, it wss ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germane, ~hat approval be given for an add!tional $45,000 for capital works. Carried Unanimously. -7- Mayor Thomson referred to discussions held with the Provincial Minister of Transportation, the Hon. Ed Philip, regarding the escalation of gas prices during the tourist season. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Provincial government be requested to examine the possible regulations regarding the escalation of gasoline prices during the tourist season. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, ................. MAYOR WAYNE THOMSQN TWENTY-SECOND MEETING COMMITlEE OF THE WHOLE Committee Room #2 June 8, 1992 Council met on Monday, June 8, 1992 at 6:30 in Committee of the Whole. All members of Council, with the exception of Alderman Sheraw, who was 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, WAYNE THOMSON, MAYOR PLANNING MEETING Council Chambers June 8, 1992 Council met on Monday, June 8, 1992, at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, with the exception of Alderman Sherat, who was on vacation, wore present. His Worship Mayor Thomson presided as Chairman. Prior to considering Planning Matters, a video featuring teams from City Hall and Parks and Recreation Department who had participated in the Corporate Challenge events on June 5 and June 7, 1992 was presented to Council. His Worship Mayor Thomson congratulated and thanked the team members of "Wayne's World" which included: Lydia Tyehyaski; Barb MacDonald; Deletes Shwedyk; Anna Morrocee; Dale Smith; Sandy Ouzunoff; Ed Lustig; Andy Lamb; Ron Craddock; Tom Massari; Karl Dren; and Paul Cranny; and the team members of the "Sneaker Gang" which included: John MacDonald; Laura Graham: Cynthia Robeas; Rose Patrick; Serge Felicetti; Jill Brocldehurst; John Himes; Cindy Presant; Shawon Sullivan; Cyril Vokey; Jeff Claydon; Jamie Douglas; Corn/Masal and Chris Mason. Alderman Hendershot acknowledged Cynthia Roberts for her involvement in organizing the human formation of the Canadian flag for Canada 125. The Director of Pawks and Recreation presented a cheque in the amount of $100.00 for the United Way, on behalf of tha Team's Corporate Challenge pledge. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that a letter of appreciation be sent to the "Sneaker Gang" team and to "Wayne's World" team for their participation in the Corporate Challenge events. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter be forwarded to Janie Stafford in appreciation for all her efforts in the events. Carried Unanimously. -2- -3- CONFLICTS OF INTEREST Alderman Fisher declared conflicts of interest on Report AM-I 1/92, because she is employed by Wedgewood Homes and Report CD-92-53, because she is an Honourary member of the Willoughby Auxiliary. Alderman Cummings declared a conflict of iracrest on Communication No. 4, Stamford Centre Vohnteer Firemen, because he is a member of the group. Alderman Craitor declared a conflict of interest on Report No. F-92-24, Cheque Nos. 78451, 78452, and 78453, because his wife is employed by the Region. Aldermen Hendershot and Janvary declared conflicts of interest on Report No. F-92-24, Cheque No. 78435, because they are employed by the Board. REPORTS - PLANNING MATTERS PD-92-72 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-11/92, Niagara Gateland Development Ltd., Mr. L. Rossi & Mr. W.W. Jones; Marisa Plan of Subdivision. The report recommends the following: 1) That Council support the Zoning By-law amendment for the Marisa draft plan of subdivision; 2) That the blocks of land in the subdivision iraended for apartment dwellings be made subject to Site Plan Control; 3) That the mending by-laws be prepared for enactment at a subsequent Council meeting after the subdivision receives drai~ approval; 4) That the mending by-law include an increased from yard setback for the 112 zone. -AND- Communication No. 233 - Regional Niagara, Planning and Development Department. communication advises as having no objection to the approval of the application. Communication No. 234 - Niagara Peninsula Conservation Authority. The conununication advises as having no obje~on to the application. Communication No. 235 - CN Enginefling Services. The communication advises as offering no objections to the application. Communication No. 236 - Ministry of Natural Resources. The communication provides comments regarding storm drainage, design and requirements of Shriner's Creek. His Worship Mayor Thornson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded on May 8, 1992 to all assessed owners in the area. His Worship Mayor Thomson received indication that the applicant Mr. L. Rossi, was in attendance; and received a negative response to his request for a show 0f 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 ske,ches and reviewed the followlug information included in Technical Report No. PD-92-71; the City's Official Plan; Northwest Community Secondary Plan; Nature of the Zone Change; Land Use Compatibility; and Site Plan Control. 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. Mr. Rossi indicated his concurrence and satisfaction with the Planner's recommendations. The Director of Planning and Development responded to questions regarding low density, tow rise townhouses or apartments. Since no further comments were forthcoming, Mayor Wayne Thomson declared the Public Meeting with regard to Application AM-11/92 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the recommendations be received and adopted. Carried Unanimously, ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communications be received and fried. Carried Unanimously. PD-92-73 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM-12/92; Joe Butera, 7868 Oakwood Drive. The report recommends the following: : 1) That Council support an amendment to the Zoning By-law which will permit an expanded range of industrial uses on the lands known municipally as 7868 Oakwood Drive. The additional uses include a public garage (auto body), a carpenter shop, a contractor's or tradesman's shop, a machine shop and a shop for the repair and servicing of goods, machinery and equipment; 2) That the amending by-law be enacted once the concerns of the Fire Department have been addressed and rectified on the site and that the by-law include provisions prohibiting storage in the side yards and requiring any storage in the rear yard to be screened from view. -AND- Communication No. 237 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. Communication No. 238 - Regional Niagara Planning and Development Department. The communication advises as having no objection to the approval of the application. Communication No. 239 - CN, Enginefllng Services. The communication advises as having no objections to the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of PIning and Development advised that the Notice of the Public Meeting had been forwarded by first class mail on May 8, 1992 to all assessed owners in the area. His Worship Mayor Thomson received indication that the applicant, Mr. Joe Butera, 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 PIning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-69; the City's Official Plan; Nature of the Zone Change; Site Plan Control and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant ot his agent, in support of the application, and re,~eived a negative response from persons opposed to the application, -4- -5- Concerns were expressed by a resident regarding noise, pollution, and paint fumes, and questioned whether specific inspections would be carried out. The Deputy Director of Buildings and Inspections responded m the concerns expressed and advised that they would be addressed through the noise control by-law and the assistance of the Ministry of the Environment. Since no further comments were forthcoming, Mayor Wayne Thomson declared the Public Meeting with regard to Application AM-12/92 dosed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the application be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communications be received and fried. Carried Unanimously. REGULAR COUNCIL MATTERS ADOPTION OF MINUTES Alderman Heudershot referred to the Minutes of June 1, 1992, under New Business regarding the matter of Team Niagara Tourism and Council's decision to approve an additional $45,000 for capital works, and stated that a resolution had been prepared to authorize the Director of Finance to direct funds from a special reserve to an account for proposed traffic improvements- NO. 35 - IIENDERSHOT - FISHER - WHEREAS the Council of the Corporation of the City of Niagara Falls deems it desirable to direct $75,000 towards any contingent liability it incurs in connection with the consLruction of certain proposed ~raffic improvements for the Rainbow Bridge that were approved by Council at its meeting of June 1st, 1992 to expedite traffic on the Rainbow Bridge for the 1992 tourist season from the Special Reserve for Construction of a New Museum Building to the aforesaid purpose; WHEREAS this sum is in addition to the $22,500 previously approved for this project by the Council out of the Winter Maintenance Reserve Fund and is also in addition to the $22,500 that the City expects to receive from the Regional Municipality of Niagara for this project; BE IT RESOLVED that up to $75,0(}0 presently held in the Special Reserve for Conswaction of a New Museum Building be directed to the Ciry's contingent liability for the proposed ~xaffic improvements on the Rainbow Bridge. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the minutes of the Regular Met. ling of June 1, 1992 be adopted as amended. Carried Unanimously. DEPUTATIONS His Worship Mayor Thomson introduced Mr. John Chirico who expressed concerns regarding property at Stamford Green Plaza, owned by Mr. Oscar Malda. Mr. Chitleo referred to correspondence provided by Mr. Oansenb~k, a Planning Consultant, regarding d~cislons on minor variances for insufficient parking; discussed the matter of building permits issued and requirements had not been met; by-laws not being upheld. The Solicitor indicated that the matter is before the Courts with the City having pressed charges but that those charges could not be discussed. Following further discussions, it was ORDERED on the motion of Alderman Cowan, seconded by Ward, that the matter be referred to staff for a report. The motion Carried with Alderman Orr declaring a conflict of interest because she works in the plea, and with all others voting in favour. Canadian Auto Workers. Local 199 - Re: General Motors Foundry ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the matter of the General Motors Foundry be deferred until a later date. Carried Unanimously. Chamber of Commerce His Worship Mayor Thomson imroduced Mr. Brian Olsen, Chamber of Commerce Niagara Falls, Canada, who addressed the runner of legalized gambling and indicated the Chamber of Commerce would be in support of Niagara Falls as a location to establish casino gambling, that the increased number of visitors would benefit local businesses, but expressed concern regarding added costs in services such as sewage; garbage disposal; mad maintenance; policing; hospital care and social services and whether the province would contribute to these costs. Mr. Olseu requested Council pursue the issue of legalized gambling to insure that Niagara Falls is one of the selected sites and recommended Council urge the Province to establish a Gaming Commission to oversee all gambling in the Province such as Casinos, Monte Curios, Binlos, Slots and Videos and that the Commission should be responsible for all licensing, regulating and enforcement. Visitor and Convention Bureau His Worship Mayor Thomson introduced Amy Bignucolo, Visitor and Convention Bureau, who stated casino gambling would be a boost to the economy, provide jobs for the community and requested that consideration be given to the City of Niagara Falls for legalized gambling. His Worship Mayor Thomson stated that a full public debate, to express concerns regarding legalized gambling would be held, once all the information is received from the Provincial government, Mayor Thomson thanked Mr. Olsen and Ms. Bignucolo for their comments. 1 No. 36 - t!~NDERSHOT - WARD - WHEREAS the Government of the Province of Ontario has stated that it will proceed with gambling which will include gambling casinos, sports lotteries, off track betting and other forms of revenue producing gambling; and WHEREAS the present recession has resulted in serious unemployment and loss of industry in Niagara Falls; and WHEREAS the social service costs have escalated drastically in the Region of Niagara; and WHEREAS a gambling casino will create jobs and produce revenue for Governments's; and WHEREAS Niagara Falls is a world known tourist attraction; NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Niagara Falls hereby requests the Government of the Province of Ontario to permit the establishment of a gambling casino; AND FURTHER THAT the City of Niagara Falls be involved with the Province in the establishment of rules, guidelines and procedures for gambling; and THAT the Council of the City be a partner with the Province in the site selection for a gambling casino; AND the Seal of tha Corporation be herato affixed. Unanimously, -6- -7- COMMUNICATIONS Communication No. 240 - The Corporation of the City of Brampton - Re: Resolution. The communication requests Council support a reiolution to petition the local M.P.'s and the Federal Government to revise the Constitution stopping the uncontrolled flow of refugee claimants to Canada. ORDERED on the motion of Alderman err, seconded by Alderman Fisher, that the resolution be supported. The motion Cilrried with Alderman Craitor declaring a conflict of interest, because he is employed by the government; with Alderman Hendershot voting contrary to the motion and with all others voting in favour. Communication No. 241 - Keith Yod~m, 7061 Venus Crescent - Re: Walkway between Jubilee Drive and Venus Crescent. The communication requests that the walkway be closed due to improper maintenance. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the matter be referred to staff for a further report. Carried Unanimously. Communication No. 242 - Ministry of Culture and Communications - Re: Chippawn Battlefield. The communication recommends that the matter of designation and public acquisition of the site be pursued through the National Historic Sites and Monuments Board and the Canadian Parks Service. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the matter be referred to the Local Architectural Conservation Authority Committee. Carried Unanimously. Communication No. 243 - Stamford Centre Volunteer Firemen - Re: 41st Annual Stamford Centre Volunteer Firemen's Carnival. The communication requests Council's permission to operate a carnival from June 17th to Jane 20th, 1992 and to bring Joyes Amusements and Concessions to provide rides. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the request be approved subject to established policy. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 244 - Brinn E. Merrett, The Regional Municipality of Niagara. The communication provides information regarding the set up of Development Charges. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimously. Communication No. 24~ - Regional Niagara, Public Works Department - Re: Regional Works in the Municipality. The communication informs that the Regional Niagara Public Works Department will advise Council of Regional progrant~ or individual projects should the need arise. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the communication be received and ~ed. Carried Unanimously. REPORTS B-92-37 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for May, 1992. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and fried. Carried Unanimously. FD-92-03 - Chief Administrative Officer - Re: Purchase of a Fire Department Pureper. The report recommends that Council approve the purchase of a fire department pureper from Superior Emergency Equipment for the quoted price of $219,500.00 plus O.S.T. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RATIHCATION OF MUNICIPAL WORKS COMMITTEE ACTIONIS ORDERED on the motion of Alderman Germano, seconded by Alderman Hendershot, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. MW-92-140 - Contract 92-111 Road Reconstruction on Stamford Green Drive and Linden Avenue. That the re-design of Stamford Green Drive between St. George Avenue and Dorchester Road and Linden Avenue be approved; that the proposed sidewalk location on the north side of Stamford Green Drive from St. Andrew Avenue to 170 roeIres west of Linden Avenue be constructed adjacent to the curb and gutter, subject to field conditions; that public information sessions be held on all future road reconstruction projects. The motion Carried with Alderman Orr opposed. MW-92-136 - Street Light Installation in Rural Areas. That the report be received and filed and Council be kept apprised of the number of requests for street lights in rural areas. It was further recommended that the report be kept available on request. Carried Unanimously. MW-92-142 - Equipment Rental - Landfill Site. That the procedure at the landfill be altered to provide for the rental of a bulldozer only, rather than a bulldozer and a front end loader, as is curran~y the procedure. It is further recommended that the low tender for the bulldozer be awarded the contract. This contractor is J.C.J. Contracting, at an hourly rate of $34.24 including G.S.T. Carried Unanimously. MW-92-143 - Newspaper Vending Box Policy/By-law. That staff be directed to meet with the Newspaper Vending Box companies to outline and discuss the proposed policy/by-law; and that the "draft" policy/by-law be approved in principle. Carried Unanimously. MW-92-126 - Tandem Sander (1992 New Equipment Purchases) That one tandem sander not be purchased and that tenders be called for rural sanding and ploughing. Carried Unanimously. Request for Exemption from Tipping Fees - Stamford Centre Volunteer Firemen's Carnival June 17-20, 1992. That the request for exemption from Tipping Fees for the Firemen's Carnival be approved. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest. Carried Unanimously. R-92-14 - Chief Administrative Officer - Re: Special Events. The report recommends that the report be received and filed, for the information of Council. ORDERED on the motion of Alderman Heedershot, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. R-92-15 - Canada Day Committee - Re: Proclamation - Canada Day Celebrations. The report requests Council's approval of the printing of a proclamation in the local newspaper respecting events to be held on July 1st, 1992 to henour Canada's 1251h birthday. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. R-92-16 - Canada Day Committee - Re: Canada Day, Free Swimming. The report recommends City Council agree to free swimming at the four Municipal Pools on Wednesday, July 1, 1992, as part of the celebrations planned for Canada's 125th birthday. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. R-92-17 - Canada Day Committee - Re: Canada Day Parade. The report recommends Council approve the Canada Day Parade to be held on July 1, 1992. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. -8- F-92-25 - Chief Administrative Officer - Re: Municipal Accounts. The repor~ recommends that the accounts totalling $628,958.46 for the period ending June 8, 1992, be approved by the passing of the by- law appearing later on the agenda. Additional information was provided on Cheque Nos. 78435 and 78468. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 92-127 RATIFICATION OF FINANCE COMMITfEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the actions taken on the following reForts by the Finance Committee, earlier this evening, be approved. B-92-39 - Niagara Falls Boys' and Girls' Club. That Report B-92-39 be received and that the observations of staff be forwarded to the Boys' and Girls' Club Board stating that the City does not have the funds to do any major repairs this year. C~rri~, FC-92-18 - Tax Balances at May 31, 1992. That Report FC-92-18 be received and ~ed. Carried. Grant Review Process That Council, through the Finance Committee, make a formal resolution to advise the Treasurer and/or Chief Administrative Officer, to send out letters advising clubs and agencies on the timing o the grant review process and advising that the guidelines are the same as last year, namely a flat-line budget or decrease. Staff is to prepare a letter and offer suggestions for the next Finance Meeting. Carried Applka~on B-209/92 - River Realty Development Severance; Montrose & Thorold Stone Roads CoMition of Severance. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that staff's action be contirmed in submitting the conditions to the land division committee as stated in the report. Carried' Unanimously. CD-92-S2 - Chid Administrative Officer - Re: Special Occasion Permit; Chippaws Volunteer Firefighters Association Annual Ball Tournament, July 9, 10, 11 & 12, 1992; Chippawa Fire Hall & Grounds. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report4 ORDERED on the motion of Alderman CuremAnes, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. C!)-~2-$3 - Chid Administrative Officer - Re: Special Occasion Permit; Annual Willoughby Volunteer Fire DeparUnent Carnival & Car Show, July 18, 1992. 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 Cvmmings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMrITBE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the actions taken on the following matters by the Committee of the Whole, earlier this evening, be approved. 1) Pay equity costs for the yem of 1990, 199l and 1992 in the amount of $302,336.00. 2) That the grievance be allowed subject to letter being forwarded to the Carrier. The motion C~ied with Alderman Putlick voting contrary to the motion on Item #2; Alderman Janvary declared · conflict of interest on Item #2 because her husband is a dentist; and Alderman Cowan abstainin1 from the vot~ and with all others voting in favour. -9- RESOLUTION No. 37 - HENDERSHOT - FISHER - RESOLVED that Alderman Pat Cummings be appointed Acting Mayor for the period June 11, 1992 to June 21, 1992 inclusive; during the absence of His Worship Mayor Wayne Thomson; AND the Seal of the Corporation be hereto affixed. Carried unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-123 A by-law to amend By-law 79-200, as amended (AMG/92-Montrose Business Park). 92-124 A by-law to amend By-law 85-238 Site Plan Control (Mostrose Business Park). 92-125 A by-law to amend By-law 79-200, as amended (AM19/91, Fernando Pinque). 92-126 A bydaw to amend By-law 85-238 Site Plan Control (Fernando Pinque). 92-127 A by-law to provide monies for General Purposes (June 8, 1992). The motion Carried with Aldermen Craiwr, Hendershot and Ianvary abstaining from the vote on By-law No. 92-127 on conflicts of interest previously noted; Aldermen err and Puttick voting contrary on By-law Nos. 92-123 and 92-124 and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by- laws be now read a second and third time: 92-123 A by-law to amend By-law 79-200, as amended (AM6/92-Montrose Business Park). 92-124 A by-law to mend By-law 85-238 Site Plan Control (Montrose Business Park). 92-125 A by-law to amend By-law 79-200, as amended (AM 19/91, Fernando Pinque). 92-126 A by-law to amend By-law 85-238 Site Plan Control (Fernando Pinque). 92-127 A bydaw to provide monies for General Purposes (June 8, 1992). The motion Carried with Aldermen Craitor, Handershot and Janvary abstaining from the vote on By-law No. 92-127 on conflicts of interest previously noted; Aldermen Orr and Puttick voting contrary on By-law Nos. 92-123 and 92-124 and with all others voting in fayour. NE'vV BUSINESS Landfill Site Alderman Susin inquired when the report regarding landfill site operations would become available and staff indicated the report is scheduled to become available sometime in July. Chippaws Lions Carnival Alderman Ward advised that the Chippaws Lions Carnival being held from June 10th to June 13, 1992 and invited everyone to attend. - 10 - Canadian Citizenship Awards Alderman Janvary stated that Canadian Citizenship Awards will be presented on July 1, 1992 and the deadline for submissions was June 13, 1992. TIYENTY-THIRD MEETING COMMHTEE OF THE WHOLE Stamford Centre Volunteer Firemen's Carnival Committee Room #1 June 22, 1992 Aidemum Cummings advised that the Stamford Centre Volunteer Firemen's Carnival will be held from June 17 to June 20, 1992 and invited everyone to attend. Council met on Monday, June 22, 1992 at 4:30 p.m. in Committee of the Whole. All members of Council, with rite exception of Alderman Puttick, who was away at an Arena Conference, were present. Alderman Germane presided as Chairman. Magdalen and Centre Street Alderman Puttick requested information regarding the matter of interlocking sidewalks in the area of Magdalen and Centre Streets and it was indicated by staff that the matter is proceeding accordingly and is in the process of obtaining approvals. Microphones Mayor Thomson addressed the matter of audio difficulties with microphones in Council Chambers, and requested the matter be investigated. ORDERED on the motion of Mayor Thomson, seconded by Alderman Cowan, that the matter be investigated with a report back from staff. Carried Unanimously. Family Fun Packages Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, : F/ ii, TY CLErk WAYNE THOMSON, MAYOR Council Chambers June 22, 1992 Alderman Hendershot referred to attending a meeting regarding the launching of the Falls Family Fun Packages marketing campaign and indicated this would give tourism "a shot in the arm". Tree Cutting Council met on Monday, June 22, 1992, at 6:10 for the purpose of considering General matters and to ratify actions taken by Committee of the Whole. All members of Council, with the exception of Alderman Puttick, who was away at an Arena Conference, were present. His Worship Mayor Thomson . presided as Chairman. Alderman Craitor referred to the cuffing down of trees on Oldfield Road and Dorchester Road and CONFLICTS OF INTEREST requested a report on what authority the City, the Regional government and the Ministry of Natural i Resources have regarding the cutting of trees. ! Aldermen Bendershot and Janvary declared conflicts of interest on Report No. F92-26, Cheque No. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that a report be ~78770, because the School Board is their employer. prepared by staff regarding the authority of the ~ity, the Regional government and the Ministry of Natural Resources relating to the cuffing of trees. Carried Unanimously Alderman Snsin declared a conflict of interest on Report No. F92~26, an ongoing Centre Street conflict. City Float Alderman Cummings referred to the new storage site of the City Float and requested information regarding why the City Float was being stored at a different location. · ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the meeting be adjourned. Carried Unanimously. REPORTS 'J MW-92-151 - Waste Management Sub-Committee - Re: Waste Management Sub-Committee Terms ' of Reference. The report recommends that the draft Terms of Reference for the Waste Management Sub- .Committee be epproved by Council. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be '. received and adopted. Carried Unanimously. READ AND ADOPTED, ! M'vV-92-1SS - Waste Management SubCommittee - Re: 10-Bag Limit. The report recommends that _._- Council increase the 10-bag limit for commercial establishments to a 20-bag limit for the period //--"""~ ~ commencing immediately and ending the second Friday in September, 1992. ;! ORDERED on the motion of Alderman Handershot, seconded by Alderman Fisher, that the report be received and adopted The motion C~ied with the following vote' · . ......... ] AYE: Alderman Cilmmings, Craitor, Fisher, Germane, Handersh~}t, Janvary, Shetar and Susin. NAYE: Aldermen Cowan, Off and Ward. -2- -3- M'vV-92-151 - Chief Administrative Officer - Re: Mountain Road Landfill Equipment Storage Shed. The report recommends that this advisory rapoft be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report be deferred. The motion F~ with Alderman Cummings abstaining from the vote on a conflict of interest because of the proximity of the site to Firemen's Park as he is a member of the Association. F-92-26 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $547,924.59 for the period ending June 15, 1992; and the accounts totalling $15,685.522.86 for the period ending June 22, 1992, be approvad by the passing of the by-laws appearing later on the aganda. Additional information was provided on Cheque Nus. 78497; 78561; 78573; 78580; 78619; 78711; 78769. ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 92-128: See By-law No. 92-129. RATIFICATION OF COMMITI'vE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that a submiss ion prepared on behalf of the Corporation of the City of Niagara Falls, to the Solicitor General of Canada, for consideration of a proposed medium security institution be allowed to proceed. The motion ~ with Alderman Cummings voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman Cowan, seconded by Alderman Orr, that the Corporation of the City of Niagara Falls not file an appeal with the Pay Equity Commission, and further that an expenditure of $12,000 be permittad. Carried Unanimously. RESOLUTION No. 38 - eRR - WARD - RESOLVED that a message of condolence be forwarded to the family of the late John (Jack) Oates, a re~pectad resident of his com~nunity; and father of Larry Oates, the City's Director of Municipal Works; AND the Seal of the Corporation be hereto affLxed. Carried Unanimously. No. 39 - WARD - COWAN - RESOLVED that a message of condolence be forwarded to the fantily of the late William (Bill) Brooks, a respected resident of the community; and past president of the Economic Development Agency; AND the Seal of the Corporation be hereto aiftxed. Carried Unanimously. 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: 92-128 A by-law to authorize monies for General Purposes (June 15, 1992). 92-129 A by-law to authorize monies for General Purposes (June 22, 1992). The motion Carried with Aldermen Hendershot, Janvary, abstaining from the vote on By-law No. 92-129 on conflicts of interest previously recorded; and with Alderman Susin, abstaining from the vote on By-law No. 92-128 on a conflict of interest previously recorded and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 92-128 A by-law to authorize monies for General Purposes (June 15, 1992). 92-129 A byqaw to authorize monies for General Purposes (June 22, 1992). The motion Carried with Aldermen Hendershot, Janvary, abstaining from the vote on By-law No. 92-129 on conflicts of interest previously recorded; and with Alderman Susin, abstaining from the vote on By-law No. 92-128 on a conflict of interest previously recorded and with all others voting in fayour. NEW BUSINF~S Sewer Problems Alderman Sherar indicated that he had received numerous complaints from area residents regarding sinking sewer problems on University Avenue and Cropp Street and requested a report from staff regarding the matter. Waste Management Meeting Alderman Cowan referred to the upcoming Waste Management Sub-Committee meeting to be held on Wednesday, June 24, 1992 and requested the meeting be deferred and scheduled to be held with the next Municipal Works Committee meeting. ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the Waste Management Sub-Committee meeting be deferred and scheduled to be held with the next Municipal Works Committee meeting. Carried Unanimously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the meeting be : adjourned. Carried Unanimously. READ AND ADOFrED, 1 TWENTY-FOURTH MEETING COMMITrEE OF THE WHOLE Committee Room #2 June 29, 1992 Council met on Monday, June 29, 1992 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman err, who was away due to illness, were present. Alderman Craitor presided as Chairman. Following consideration of the items presented, the Committee of the V~ole arose to report in open session. READ AND ADOPTED, .............. MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers June 29, 1992 Council met on Monday, June 29, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman err, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Craitor 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 of lune 8, 1992 and the Special Meeting of June 22, 1992, be adopted as printed. Carried Unanimously. CONFLICTS OF INTEREST Alderman Fisher declared a conflict of interest on Report Nos. MW-92-156, MW-92-157 - West Meadow Subdivision; CD-92-57, Heritage Village, because she is involved in the developments. Aldermen Hendesshot and Janvary declared conflicts of interest on Report No. B-92-42, because they are employed by the School Board. Aldermen Cummings and Sherat declared conflicts of interest on Report No. F-92-27, Cheque No. 78833, because the recipient is their employer. Alderman 3usin declared conflicts of interest on Report No. F-92-27, Cheque No.78988, this is an ongoing conflict regarding Centre Street; Report No. PD-92-74 because he owns property in the area; and Report No. B-92-42, because he had submitted a bid on the project. -8- -9- 93-32 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O. 1990. 93-33 A by-law to stop up and close part of Nichols Lane. 93-34 A by-law to authorize the payment of $887,230.17 for General purposes. The motion ~ with Aldermen Cowan, Craitor and Cummings abstaining from the vote on By-law No. 93-34, on conflicts of interest previously noted; Alderman Craitor voting contrary to By-law -93-33 and with all others voting in fayour. Alderman Hendershot indicated he would be representing the City at the Regional Niagara Tourist Council, who would also be endorsing a resolution regarding casinos in Niagara Falls. His Worship Mayor Thomson requested that the Tourist & Convention Bureau also provide an endorsement for a casino in Niagara Falls. Than~ You Alderman Janvary thanked all members of Council for their support, letters and flowers during the recent loss of her husband. NEW BUSINESS Alderman Cummings addressed the matter of the "Yes" sign used during the Federal referendum at the plaza at Five Corners and indicated the sign had not yet been removed. The Deputy City Clerk indicated that the individuals responsible would be contacted again to have the sign removed. Landfill Operalions Alderman Susin discussed the matter of landfall operations and Sunday openings at the landfill site. ORDERED on the motion of Alderman Susin, seconded by Alderman err, that a report be brought back by the Engineer with respect to looking at the economies of landfill operations and garbage collection during the winter season. Carried Unanimously. Alderman Fisher suggested that consideration be given to garbage collection every other week. His Worship Mayor Thomson thanked MacLean Hunter Communications, on behalf of members of Council, for providing a great public service to the community by bringing the Council meetings into the homes of the citizens of Niagara Falls, therefore, making the public aware of how Council conducts municipal affairs and keeps the City functioning. ORDERED on the motion of Mayor Thomson, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON Letter of Condolence ORDERED on the motion of Alderman Germane, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Maria Vescio. Carried Unanimously. ORDERED on the motion of Alderman Germane, seconded by Alderman err, that a letter of condolence be forwarded to the family of the late John Quagliariello. CarriedUnanlmously. Casinos Alderman Craitor stated that as the City's representative on the Chamber of Commerce committee, he had stranded a meeting where discussions on having a casino in Niagara Falls were held. He noted the Chamber of Commerce is preparing a resolution indicating their support of Niagara Falls having a casino and that letters are being forwarded to the appropriate inaividuals confirming that support. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that an invitation be extended to our local MPP, Mrs. Margaret Harrington, to provide an update on Provincial matters to the members of Council. Carried Unanimously, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the Hen. Shirley Coppen be extended an invitation to attend a Council meeting and provide an update to members of Council. Carried Unanimously. ...9 -4- REPORTS 11-92-42 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Maintenance Centre for Niagara South Board of Education, 6387 Morrison Street. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed maintenance centre, and the Site Servicing Plan being drawing number 92-07-01, and the Site Servicing details being drawing number 92-07-02 and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 18, 1992 and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Hendershot, Janvary and Susin abstaining from the vote on a conflict of interest previously recorded and with all others voting in favour. 11-9243 - Chief Administrative Officer - Re: Oscar Maida, 3521 Portage Road. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Hendarshot, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. B-92-44 - Chief Administrative Officer - Re: Sound System, Council Chambers. The report recommends that the information be received and considered by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and ~ed. Carried Unanimously. IF92-45 - Chief Administrative Officer - Re: Basement Lecture Room, City Hall. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the report be received and ~ed. Carried Unanimously. MW-92-144 - Chief Administrative Officer - Re: Acquisition of 100 meter Wide Buffer Area Along the West Boundary of the Mountain Road Landfill. The report recommends the following: 1) That Council authorize the acquisition of a 100 meter wide buffer area along the west boundary of the Mountain Road Landf~l. 2) That Council authorize that such steps be taken as, in the City Solicitor's opinion, are reasonable and necessary to ensure such acquisition occurs in an expeditious manner, including expropriation. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Craltor voting contrary to the motion and with all others voting in fayour. MW-92-149 - Municipal Psrhing & Traffic Committee - Re: Municipal Parking & Traffic Committee Reports. The report recommends the following: 1) Municipal Parking Lot #4 fEIIco Avenue) Request for Tree Removal. That the trees obstructing the Lotus Gardens sign be removed and replaced with smaller shrubs. 2) Ellen Avenue Parking Meter Installation. That parking meters be installed along the east side of Ellen Avenue between Walnut Street and Cantre Street. 3) Criminals Hall of Fame - Meter Parking Request. That the Criminal Hall of Farae be permitted to park an antique car at the parking meter in front of their establialunent for 13 weeks at a cost of $637.00. 4) Summer Crossing Guard - Drummond Road at Scott Sti'eet. a) That a summer crossing guard be reinstated at Drummond Road and Lion's Pool (Scott Street) with $1,5(]0.00 allocated from the Recreation Commission's budget and the remainder to be allocated from the Building Departmeet's budget; b) and that next year, the Recreation Cornm!~sion budget for the entire account. R ~5- 5) IvlV/-92-117 - Binmonte Parkway/Crescent - Stop Siffn ]nstallatio__n. That a stop sign be installed on the north leg of Biamonte Parkway at Binmonte Crescent for southbound traffic. 6) 7) 8) Municipal Parking Lot #12 (Sylvia Place) - Access Removal. a) That access fro Municipal Parking Lot #12 on Peer Street be removed, and b) that additional parking meters be installed on Peer Sueel between Main Street and Sylvia Place. Centre Street - 15 Minute Loading Zone. That commercial loading and unloading be permitted within the No Stopping Zone, for a 15 minute time period, in front of the businesses along Cemre Street between Victoria Avenue and Ellen Avenue and those in violation would be ticketed at the discretion of the Commissionaires. Oueen Street Free Parking. That there be free parking on Queen Street on Saturdays for the months of June, July and august for this year only. 9) By-Law 89-2000 Amendments. 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 Ward, seconded by Alderman Cummings, that the repor; be received and adopted. Carried Unanimously. M%V-92-154 - Chief Administrative Officer - Re: By-law to authorize the reconstruction on Pettit Avenue from 45 metres south of Doreen Drive to 35 metres south of Glengate Street. 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 works; 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. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously, See By-law No. 92-131, MW-92-156 - Chief Administrative Officer - Re: Revised Subdivision Agreement for West Meadow SuMivision. The report recommends that the revised subdivision agreement be approved and the by-law for the same on tonight's agenda be approved. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot. that the report · be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a , conflict of interest previously noted and with all others voting in favour. MW-9?,-IS7 - Chief Administrative Officer - Re: West Meadow II Subdivision Oversizing Costs. The report recommends the following: 1) That the City's portion of the oversized watermain be paid from ~e Expansion and Renewal Fund (City's portion 423,100.00); 2) That the City's portion of the oversized sanitary sewermain be paid from ~e Expansion and Renewal Fund (Clty's portion - $34,750.00); 3) That the City's portion of the oversized storm sewer be paid from the Expansion and Renewal Fund (City's portion- $351,400.00). oeo6 -6- -7- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report MW-92-167 (MW-WMG 92-2) Waste Reduction Plan - that Recommendations 1 to 7 in the report be be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a !adopted; that Recommendation No. 7 be discussed at the next meeting of the Committee; and that an conflict of interest previously noted and with all others voting in favour. MW-92-160 - Chief Administrative Officer - Re: Contract 92-104, Storm Sewer Separation & Infrastructure Rehabilitation of Cherry Grove Road, Cherryhill Drive, Dovewood Drive, Randy Drive, and Pinedale Drive. The report recommends that the unit prices submitted by the low tenderer, Provincial Consreaction (Niagara Falls) Limited be accepted and that the by-law appearing on tonight's agenda be passed awarding this contract. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 92-144. MW-92-151 - Chief Administrative Officer - Re: Contract 92-02, 1992 Sidewalk Repairs. The repon recommends that the unit prices submittad by the low tenderer, Sacco Construction Limited be accepted and that the by-law appearing on tonight's aganda, be passed awarding this contract. ORDERED on the motion of Alderman Germane, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMrrrt~E ACTIONS additional Recommendation be included as follows: "that authorization be granted to collect uncoated r, orrugatad cardboard and fine paper from I.C.I. customers who presently do not divert this waste and authorization be given to collect from the curb once a week". Carried UnanimoUsly. PD-92-74 - Chief Administrative Officer - Re; Interim Control Amendment; Application IMC 2/92; ~obert and Wendy Sentheal, Baker Road, City of Niagara Falls. The report recommends the following: ! 1) That Interim Control Amendment Application IMC 2/92 be approved; ~) 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. The motion Carried with Alderman Susin abstaining from the vote on a conflict pf interest previously noted and with all others voting in favour. pD-92-79 - Chief Administrative Officer - Re: Environmental Planning & Greening Committee. The report recommends that Council approve the various actions from the Environmental Planning & Clreening Committee meeting of June 17, 1992. See By-law No, 92-143, 1 ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that Mr. Ken Boychuk, owner of Niagara Tourist's Service Centre, be permitted to address Council. Carried pnanimonsly. ORDERED on the motion of Alderman Handershot, seconded by Alderman Cowan, that the following; Mr. Boychuk addressed the matter of the removal of trees on the south east corner of Stanley and actions taken by Municipal Works Committee earlier this evening, be approvad. Robarts Street, and indicated that the view of his business is being obstructed by the size and spacing of the trees. IvlW-92-145 - Yolmm Road/Crowland Avenue Drainage - That the report be received and adopted; that ] the conditions submitted by Mrs. Diane Adams be included; and further that a report be received from t Some discussion followed regarding the relocation rather than the complete removal of the trees. the Regional Health Service~ regarding the concerns of Mrs. Adams. ' ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that Item (e) of the ~eport be referred to staff for further investigation regarding the relocation of trees that are obstructing MW-92-150 - Street Light Maintenance Contract - That the report be received and adopted - Alderman ,the view of Mr. Boychuck's business. Carried Unanimously. Sherar opposed; and that a report be submittad by the City Solicitor with regard to the waving of the ~ D 100% performance bond. RDERE on the motion of Alderman Cummings, seconded by Alderman Craitor, that the balance of the report be received and adopted. The motion Carrie~ with the following vote: MW-92-147 - Public Information Session for Cherrygrove Rd., Pinedale Dr., Cherryhill Dr., Dovewood .AYE: Aldermen Cummings, Craitor, Hendershot, Puttick, Sherar, Susin and Ward. Dr. and Randy Dr. - that the report be received and adopted. ,~IAYE: Aldermen Cowan, Fisher, Germane and Janvary. MW-92-148 - Public Information Session for Pettit Ave., Cherrygrove Rd., and Randy Dr. - that the ii .... Clef Administrative Officer - Re: Tender 9220 TR11 92 h for the Landscape Development of report be received and adopted. ~2rimson and Bambi Parks. The report recommends the following: MW-92-146 - Update on Mewburn Road Bridge at CN Rail Crossing - that the report be received and ~) That the tender for the development of Crimson and Bambi Parks be awarded to Keyin Steele adoptad. ~-andscapes of Ridgeway, Ontario at the tendered cost of $144,709.69; MW-92-153 - Mountain Road Landffil, Extension to Emergency Certificate Approval - that the report ~ . complete details with respect to using landffils in the United States as an alternative. ' · ORDERED on the motion of Alderman Handershot, seconded by Alderman Cummings, that the report MW-92-159 - Voluntary Public Participation Program in Removing Extraneous Flows to Sanitary Sewer,~e received and adopted. Carried Unanimously. Systems - that the report be received and adopted. MW-92-166 (MW/WMG 92-1) Waste Management Group', Tenus of Reference - that the motion madeR'9221 ' Chief Administrative Officer - Re: Project Green 2000 Phase II Report. The report ' n ' f ran e r vl al submitted and status~ecommends that the Project Green 2000 Phase II Report be forwarded to the Members of Council for ' · ·: =:i ed fu, e, infurmat,on. and be invited uttand and p i ipate in the ne t meeti.g o, the r mm Al C w Chairman' the Teli~s of R~ferenee and iie ort MW 92 166~nvir°nmental Planning & Gre~ning Committee at which time the Report's recommendations will be ~le~r~ation Comm!ssion Building, Board Room, 7S65 Lundy's Lane. .~RD!~RED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be ~eeeived and ~ed. Carried Unanimously. ...~ ...8 -8- -9- R-92-23 - Chief Administrative Officer - Re: Resolution Supporting CP/RA Initiatives with the Current Constitutional Dialogue. The report recommends that Council pass the resolution supporting the Canadian Parks and Recreation Association's (CP/RA) initiatives with the current constitutional dialogue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously, See Resolution No. 44. CD-92-S9 - Chief Administrative Officer - Re: Special Occasion Permit, Club Italia Picnic. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the report be received and adopted. Carried Unanimously. FD-92-04 - Chief Administrative Officer - Re: Pelham Resolution: Fire & Medical Emergency Response within Regional Niagara. The report recommends that the Pelham Resolution regarding Fire and Medical Emergency Response not be supported. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. FD-92-27 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $739,169.68 for the period ending June 29, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque No. 78951. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-92-.S4 - Chief Administrative Officer - Re: Restricted Area By-law 92-110 (Bungee Jumping); AM- 7~92; 5200 Robinson Road; Horizon Adventures Inc. The report recommends that Council reaffirm its approval of By-law 92-110, in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the By-law and leXter of objection to the Board with the request for a Hearing. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. CD-92-S5 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Ascot Woods No. 6"; 26T-92003; Ascot Woods Ltd., Brian Sinclair, President. ORDERED on the motion of Alderman Fisher, seconded by Alderman Puttick, that the report be received and adopted. The motion C~itrried with Alderman Sherat declaring a conflict of interest because he was involved in a noise study on the project, and with all others voting in fayour. CD-92-56 - Chief Administrative Officer - Re:. Special Occasion Permits; United Way SIc-Pitch Tournament, G.N.B.A. First Niagara Oldtimers Baseball Tournament. 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 Germano, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. CD-92-57 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Heritage Village (Revised); 26T-87011; Native Heritage Realty Ltd,, Shirley Fisher, President. The report recommends that the Heritage Village (Revised) Plan of Subdivision be approved, subj oct to the Conditions enumerated in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted, and with all others voting in favour. CD-92-S8 - Chief Administrative Officff - Re: Encroachment at 6325 Murray Street. The report recommends that the application to permit the continuationOf the encroachment of a dwelling upon the Murray Street road allowance, be approved subject to established policy, and the necessary by-law be enacted by Council. ORDERED on the mation of Alderman Hendarshot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. C-92-02 - Chief Administrative Officer - Re: Customer Service Questionnaire. The report recommends that the information contained in this report be received for information. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report he received and fried. Carried Unanimously, S-92-23 - Chief Administrative Officer - Re: (PD-90-163) Zoning Amendment Application AM-28/90, Nunzio Tanasi, Parts of 7901 and 7913 Thorold Stone Road. The report recommends that this report be received for information only. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. 8-92-24 - Chief Administrative Officer - Re: The Establishment of Certain lands as Highways (Kalar Road). The report recommends that Council approve the by-law appearing on tonight's agenda that would establish those lands described as Parts 3 and 4 on Reference Plan 59R-8055 as a highway and become part of Kalar Road. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No. 92-138, S-92-25 - Chief Administrative Officer - Re: The Establishment of Certain lands as Highways (Rice Crescent and Southwest Corner of Jepson Street). The report recommends that Council approve the by- law appearing on tonight's agenda that would establish the lands described as Part 1 on Reference Plan 59R-7453 as a highway and become part of Rice Crescent and the southwest corner of Jepson Street. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the report be received and adopted. See By-law No. 92-130. S-92-26 - Chief Administrative Officer - Re: Prosecution of Adults Only Video. The report recommends that this report be received for information only. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be receivad and filed. Carried Unanimously. RATIFICATION OF COMMrt-t'EE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the following a~tions taken by Committee of the Whole earlier this evening, be approved. Report S-92-29 - Expropriation of lands of T.G. Bright & Co., Limited - that this report be received for · the information of Council. Report HR-92-07, Basic Education for Skills Training (BEST) - that Council approve the continuation of a "Basic Education for Skills Training" B.E.S.T. program for a second term. Carried Unanimotl~ly. RESOLUTIONS No. 40 - IIENDERSHOT - FISHER - WHEREAS the current Emergency Certificate of Approval tbr the Mountain Road Landfill expires on October 31st, 1992; AND WHEREAS the City submitted an appli~atinn for an interim ten year extension to the Mountain Road Landfill on February 19th, 1991; - 10- AND WHEREAS considerable delays have been encountered in processing of this extension application by the Ministry of the Environment; AND WHEREAS the Hearing on the extension application has not yet been schednied and will probably not be scheduled until al~er October 31st, 1992; THEREFORE BE IT NOW RESOLVED that City Council authorizes applications to be made to the Ministry of the Environment and the Niagara Escarpment Commission for a one year extension (from 92-11-01 to 93-10- 31) to the Emergency Certificate of Approval for the Mountain Road Landfill, which applications propose a 3m verticle increase to the currently approved contours W elevation 212.5m (above sea level); AND the Seal of the Corporation be hereto affixed. The motion .C~ with Aldenan Cummings abstaining from the vote on a conflict of interest, because of the close proximity to the Firemen's Park and because he is a member of the Association, and with all others voting in favour. No. 41 - GERMANe - CUMMINGS - RESOLYIa) that the unit prices submitted by the low tendeter, Sacco Construction Limited for Contract No. 92-02, 1992 Sidewalk Repairs, at the low tendered mount of $76,867.53 be accepted. AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. 42 - CUMlVllNGS - CRAITOR - RESOLVED that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Limited for Contract No. 92-104, Storm Sewer Separation & Infrastructure Rehabilitation at the low tendered amount of $343,547.08 be accepted. AND the Seal of the Corporation be hereto aftriled. Carried Unanimously, No. 43 - JANVARY - FISItER - RF.~OL~ that Council recon~rm support for the registration of the flood and fill lines for the 1:100 year storm levels along the Welland River and requests that the Niagara peninsula Conservation Authority proceed with flood and fill line registration for the City of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. 44 - CUMMINGS - FISHER - RESOLVED that the Mayor and Members of the Municipal Council of the Corporation of the City of Niagara Falls support the initiative and goals of the Canadian/Parks/Recreation Association to ensure that in the Canadian Constitution, Canada recognizes that; Recreation is a Constitutional right of every Canadian; that Recreation and Active Living are the right choices for healthy communities; that Recreation is an essential contributor to the well-being of individuals and to the social, economic and environmental health of our nation; that Recreation opportunities are created through collaboration and parmerships among Federal, provincial and Municipal Governments and community organizations. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman gharar, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-130 A by-law to establish certain road widenings and daylighting triangles as highways (Rice Creseant & Jepson Stree0. 92-131 A by-law to authorize road reconstruction of Pettit Avenue from Dorecn Drive to south of Glangate Street. - 11 - 92-132 A by-law to authorize the execution of an agreement with 504802 Ontario Inc. operating as J.CJ. Contracting for the supply of equipment at the City's Landfill Site. 92-133 A by-law to mend By-law No. 89-2000, being a by-law to regulate parking and traffic on City roads (Binmonte Pkwy). 92.D,1 A by-law to mend By-law No. 79-200, as mended (Curtis Gall Dev. Corp.) 92-135 A by-law to mend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas (Curtis Gall Dev. Corp.) 92.136 A by-law to mend By-law No. 79-200, as amended. (Canadian Fur Shop). 92.137 92-138 92-139 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas (Canadian Fur Shop). A by-law to establish certain road widenings and daylighting triangles as highways (Kalar Road). A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. respecting the Mountain Road Landfill Site. 92.140 A by-law to mend By-law No. 79-200, as amended (Our Saviour Lutheran Church). 92-141 A by-law to amend By-law No. 90-329, as mended by By-law 91-239 (R & W Sentineal). 92-142 A by-law to allow the maintaining and using of a building which encroaches Murray Street. 92-143 A by-law to authorize the execution of an agreement with Sacco Construction Limited for 1992 sidewalk repairs. 92-144 A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for storm sewer separation and infrnstructare rehabilitation. 92-145 A by-law to authorize the execution of an Agreement to amend the Subdivision Agreement with Walco Developments Limited and others respecting West meadow, Stage H, Phase I Subdivision. 92,146 A by-law to authorize monies for General Purposes (June 29, 1992). The motion Carried with Alderman Fisher abstaining from the vote on By-law 92.145 on a conflict of interest previously recorded; Aldermen Cummings and Shetar abstaining from the vote on By-law 92-146, ' on conflias of interest previously recorded; Alderman Susin abstaining from the vote on By-law Nos. 92-141 and 92-146 on conflicts of interest previously recorded and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the following by- laws be now read a second and third time: 92-130 A by-law to establish certain road widenings and daylighting triangles as highways (Rice Crescent & lepson Street). 92-131 A by-law to authorize road reconstruction of Pettit Avenue from Doreen Drive to south of Glengate Street. 92-132 A by-law to authorize the execution of an agreement with 504802 Ontario Inc. operating as LCJ. Contracting for the supply of equipment at the City's Landfill Site. - 12 - 92-133 A by-law to mend By-law No. 894000, being a by-law to regulate parking and traffic on City roads (Biamonte Pkwy). 92-134 A by-law to mend By-law No. 79400, as amended (Curtis Gall Dev. Corp.) 92-135 A by-law to mend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas (Curtis Gall Dev. Corp.) 92-136 A by-law to amend By-law No. 79-200, as amended. (Canadian Fur Shop). 92-137 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas (Canadian Fur Shop). 92-138 A by-law to establish certain road wideaings and daylighting triangles as highways CKalar Road). 92-139 A by-law to authorize the execution of an agreement with Stephem and Rankin Inc. respecting the Mountain Road Landfill Site. 92.140 A by-law to mend By-law No. 79-200, as amended (Our Saviour Lutheran Church). 92'141 A by-law to amend By-law No. 90-329, as amended by By-law 91-239 (R & W Sentineal). 92-142 A by-law to allow the maintaining and using of a building which encroaches Murray Street. 92-143 A by-law to authorize the execution of an agreement with Sacco Construction Limited for 1992 sidewalk repairs. 92-144 A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for swrm sewer separation and infraatructure rehabilitation. 92-145 A by-law to authorize the execution of an Agreement to amend the Subdivision Agreement with Walco Developments Limited and others respecting West meadow, Stage II, Phase I Subdivision. 92-146 A by-law to authorize monies for General Purposes 0une 29, 1992). The motion Carri~ with Alderman Fisher abstaining from. the vote on By-law 92-145 on a conflict of interest previously recorded; Aldermen Cummings and Sherat abstaining from the vote on By-law 92-146, on conflicts ofintarestpreviously recorded; and Alderman Susin abstaining from the vote on By-law Nos. 92.141 and 92-146 on conflicts of interest previously recorded and with all others voting in layout. NEW BUSINESS Canada Dry Aideman Hendershot thanked everyone involved with the Canada 125 Committee which included Aldermen Craltor, Fisher, Janvary and Germane for the great efforts they had put forth and discussed the Canada Day events which would include a Canada Day Parade; various dancing, singing, martial arts and canine group demonstrations; Custom and Classic Car Show; Arts & Culture tables; and a monstrous 125th Birthday Cake. Alderman Hendershot informed that a guest member of the Niagara Falls, New York, Council member would be attending to celebrate Canada's 125th Birthday as well as the 100th Anniversary of Niagara Falls, New York, and that our two Olympic boxers who were going to Barcelona would also be featured and invited everyone to aRend the festivities. - 13 - Regional 1991 Summarv on Development Charges Alderman Puttick discussed costs to service residential lots; collection of development charges; members on the Public Advisory Committee. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Germane, that the Chief Administrative Officer contact the Regional Chief Administrative Officer regarding the appointments of Regional membership on the public advisory group on development charges and that a report be brought back to Council. Carried Unanimously. Alderman Puttick referred to the matter of obtaining grants and suggested that a committee of the appropriate individuals, along with the new internal auditor and some members of Council be established to discuss the issue of Niagara Falls receiving adequate grants. Welfare Tradeoffs Alderman Puttick discussed the Ontario Government's position regarding welfare tradeoffs. Alderman Germane thanked Alderman Hendershot for the outstanding job he had done as Chairman of the Canada 125 Committee and the Recreation Department for a wonderful job of organization. ****** ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, .................... MAYOR WAYNE THOMSON TWENTY-FIFrH MEETING COMMITTEE OF THE WHOLE Committee Room #2 July 13, 1992 Council met on Monday, July 13, 1992 at 6:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Ward, were present. Alderman Hendershot presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers July 13, 1992 Council met on Monday, July 13, 1992 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Hendershot offered the Opening Prayer. CONFLICTS OF INTEREST Alderman Hendershot declared conflicts of interest on Report F-92-28, Cheque No. 79082, because he is employed by the School Board; and Report B-92-51, because a member of his family is employed by the company. Alderman Janvary declared a conflict of interest on Report F-92-28, Cheque No. 79082, because she is employed by the School Board. Alderman Fisher declared a conflict of interest on Report F-92-28, Cheque No. 79085, because a member of her family is employed by the company. Alderman Susin declared a conflict of interest on Report F-92-28, Cheque No. 79011, being an ongoing conflict regarding Centre Street. Alderman Craitor declared conflicts of interest on Report F-92-28, Cheque Nos. 79096 and 79223, because his wife is employed by the Region; and Cheque Nos. 79129 and 79212, because he is on the Board of Directors. RECOGNITION B.E.$.T. Program His Worship Mayor Thomson congratulated and presented a token of appreciation to Tom Strangas, a Mechanic in the City's Municipal Works Department, for the tremendous amount of personal time preparing and conducting 36 training sessions as an instructor with the B.E.S.T. Program. -2- Revenue Canada Customs Excise Contribution His Worship Mayor Thomson acknowledged the receipt of a cheque in the amount of $45,000 which represented Revenue Canada Customs Excise contribution to the City of Niagara Falls towards the fast track custom processing operation at the Rainbow Bridge. ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor, that Report No. B-92-51, Sign on Bottom of Skylon Tower, be brought forward. Carried Unanimously, Mr. Tim Johnson, General Manager, Marketing, Fuji Films, provided a video presentation and a brief outline regarding a proposed Skyion Tower Fuji Sign to be erected directly beneath the observation pod on the SkyIon Tower. Mayor Thomson thanked Mr. Johnson for his presentation. 1}-92-51 - Chief Administrative Officer - Re: Sign Application SkyIon Tower (Fuji Film). The report recommends that City Council approve the application for a three-sided sign with each face having an area of 1,125 square feet, which is proposed to be placed below the pod on the SkyIon Tower at 5200 Robinson Street. ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor, that the report be received and adopted. The motion Carrie~ with Alderman abstaining from the vote on a conflict of interest previously noted, and with all others voting in fayour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that Report No. B- 92-50, OK Gift Shop, 6693 Oakes Drive, be brought forward. Carried Unanimously, B-92-$0 - Chief Administrative Officer - Re: Site Plan Approval; Proposed OK Gift Shop, 6683 Oakes Drive. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed Gift Shop, and the Site Plan being drawing number 1-A, and the site plan being drawing number 1 and lower floor and fried with the Buildings and Inspections Department of the City of Niagara Falls on luly 7, 1992 and that such approval be subject to the conditions in the report. . ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. REPORTS - PLANNING MA~rERS PD-92-87 - Chief Admlnistrailve Officer - Re: Zoning by-law Amendment Application AM-13/92, Mr. Cosine Dilollo; 5046, 5062, 5088 Drummond Road. The report recommends the following: 1) That Council support the application to amend the Zoning By-law to permit the development of a townhouse dwelling project on the lands. 2) That the standard R4 zoning provisions be modified to limit the maximum number of dwelling units to 37; to require building setbacks of 4.Sm for the end walls of the bungalow units, 7.6m for the rear yards of the two storey units and 9.1m for those units along the east property line; to require adequate services; to improve the parking ration to 1.6 spaces per dwelling unit; and to require each dwelling unit to have an attached garage. 3) That the applicant be required to pay applicable development charges prior to the passing of the amending by-law. . , 4) That the lands be made subject to Site Plan Control to ensure they are developed in a sensitive manner inoluding the protenon of mature [rees, grading, drainage, lighting, parking, fencing, landscaping, servicing, etc. -3- -AND- Communication No. 156 - Niagara Peninsula Conservation Authority. The communication advises having no objections to the application. Communication No. 157 - Regional Niagara, Planning and Development Department. The communication advises having no objection to the approval of the application. Communication No. 158 - Social Planning Council of Niagara Falls. The communication advises that the zoning by-law amendment will have no adverse affects and that all members agree with the application. Communication No. 159 - Sylvia Rice Damore, 5105 David Avenue. The communication indicates that various comments and submissions would be made to Council Communication No. 160 ~ Violet E. Groves, 4987 Randall Crescent. The conununication expresses concerns regarding noise and traffic and expressed opposition to the project. Communication No. 161 - Phyllis and Arthur Sauer, 6057 Cabot Drive. The communication expresses concern regarding increased traffic, sewer problems and decreased water pressure. Communication No. 162 - Petition from the residents of Sidney Street. The petition expresses strong opposition to the proposed rezoning and expresses concern regarding traffic congestion during peak periods. Communication No. 163 - (HANDOUT) - Regional Niagara. The communication expresses having no objections to the rezoning from Residential Single Family (F, IC) to Residential Low Density, Grouped Multiple Dwellings (R4) zone. Communication No. 164 - (HANDOUT) - CN- Engineering Services. The communication indicates having no objections to the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded on June 12, 1992 to all persons assessed as of land within 120 meters of the subject lands. His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-81; Background Information; City's Official Plan; New Official Plan; Development Opportunities; Existing Housing Stock; Nature of Zone Change; Site Plan Control; and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from poxsons opposed to the application. Ms. Amelia Damon, 5105 David Avenue, stated that residents of Scott Subdivision were not opposed to the beilding of single family units but were opposed to multi family dwellings. Ms. Damere expressed concerns regarding traffi~ congestion; sewage problems; and the endangering of natoral wildlife in the area. Mr. Frank Guarasel, 6092 Scott Street, indicated that older residents live in the area and that traffic and noise problems were a concern. 0004 -4- Mr. AI Chamberlain, 6105 Stevees Street, expressed concerns regarding endangering wildlife in the area; loss of peace and quiet in the neighbourhood; the loss of trees and questioned the necessity of more tOwnh0useS in the area. Mr. Paul Lemire, 4857 Amelia CreScent, indicated that he was extremely opposed to the rezoning application. Mr. Frank Ingold, 6069 Cabot Drive, expressed concerns regarding increased traffic flows; congosled neighbourhood plaza and the preSent difficultieS being encountered in exiting the Scott Subdivision. Mr. T. Rora, 6115 Stovens Street, indicated he did not object to the building of single family homeS, but was opposed tO the multi family units; and referred to the inadequate park facilitieS for the children in the area tO play in. Mrs. Jamieson, 5015 Rendall Crescent, expressed her opposition to the proposed amendment to the Zoning By-law to permit the development of multi family dwellings. Mrs. Nancy Atkin, 5086 Manreen Crescent, questioned the depth of the lots and indicated that 50% of the lots should be sold prior tO being approved. Mr. Gordon Wyllie, 6135 Sidney Street, indicated that the reSidents wish to preServe the neighbourhood and were opposed to the proposed multi family units. Mr. Dante MarineIll, Solicitor, stated the proposal had been under considerable dialogue, and advised that a meeting had been held tO address the concerns of the residents in the area. Mr. MarineIll indicated the project was a high quality condominium/townhouse development to be sold individually; and not a non-profit low income project. Mr. MarineIll responded to concerns regarding the impact on the value of homes; sanitary sewers; landscaping and traffic impact. The Director of Municipal Works responded to questions regarding the sewage system and drinking water. The City Solicitor responded tO questions regarding preSenting planning evidence before the Ontario Municipal Board. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-13/92 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shecar, that the application be denied. The motion ~ with the following vote: AYE: Aldermen Craitor, Cummings, Fisher, Germane, Headershot, Janvary, err, Shetar and Susin. NAYE: Aldermen Cowan, Puttick and Ward. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communications be received and filed. Carried Unanimously. His Worship Mayor Thomson declared a 5 minute adjournment at 9:10 p.m, Following the recess, Council reconvened at 9:15 p.m. in Council Chambers. DEPUTATIONS Mr. Jacob Sherman, Director of the Niagara Falls Museum, provided a brief introduction to the Niagara Falls Museum; discassed the Museum's upcoming 1651h Birthday celebrations.and some of the planned events and invited everyone to attend. Mayor Thomson thanked IVfr. Sherman for his Presentation and wished the Museum a successful l1651h birthday celebration. -5- PLANNING MATI'ERS PD-92-86 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM~/91; Carmine Colangelo and Romolo Ramunno; 6022 & 6036 SymmeS Street. The recommendation recommends that Council deny the application to amend the Zoning By-law because the proposed expansion of the apartment building is not within the intent and purpose of the Official Plan and is not compatible with the surrounding neighbourhood and would adversely impact on the area. -AND- Communication No. 165 - Regional Niagara, Planning and Development Department. The communication states that from a Regional Planning perspective, the application doeS not affect any Regional interests, and indicateS as having no objections to the rezoning. Communication No. 166 - Niagara Peninsula Conservation Authority. The communication indicates having no objection to amending the City's Zoning By-law. Communication No. 167 - Caroline E. Gibbs, 6060 Murray Street. The communication expressed concerns regarding the preSent low water preSsure in the area and the additional use of the water system. Communication No. 168 - Social Planning Council of Niagara Falls. The communication indicates that no adverse affects could be found. Communication No. 169 - CN, Engineering Services. The communication indicates as having no objections to the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice o the Public Meeting had been forwarded on June 12, 1992 tO all persons assessed as of land within 120 meters of the subject lands. His Worship Mayor Thomson received indication that Mr. Danny Colangelo, 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-92-84; the City's Official Plan; Extension or Enlargements of Non-Conforming UseS; New Official Plan; Zoning By-law; Site Analysis and Comments from the Public Notification Process. His Worship Mayor Thomson received a positive 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. Dr. Cowherd, 6305 Orchard Avenue, discussed the quality of tenants without improvements to the building; referred to parking and the removal of trees. Dr. Cowherd stated that he was in favour of upSfading and improving the building. Mary Shaw, 6280 Dawlish, expreSsed concerns with respect to the quality of life and indicated the development should be single family homeS; and urged Council to torn down the proposal. Beverly Pnskas, 6047 gymrueS Street, expreSsed concerns regarding storm sewers and the condition of the building. Florence Williek, 6050 Symmes Street, expressed concerns regarding the lack of privacy and indicated that the building should be "fixed up" and left as residential. Mr. Danny Collangelo, addreSsed the following issues: providing a different parking layout; privacy fencing; green spaceS; renovations to the interior end exterior of the building. Mr. Colangelo requested permission to start the project as soon as possible. -6- Some discussion was held regarding the effects of the water pressure in the area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-06/91 closed. ORDERED on the motion of Alderman Puttick that the application be approved, as there was no seconder, the motion was Defeated. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherar, that the application be denied. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. DEPUTATION Mr. George Gordon, Chairperson of the Niagara Falls Arts & Culture Commission, introduced Miss Alison Towes, a fourth year Brock University Recreation & Leisure Studies student, who had carried out a study to gather information on tourism and determine the interest, economic impact and potential for arts & culture in Niagara Falls. Miss Towes presented the results of the study along with recommendations. Mayor Thomson thanked and presented a token of appreciation, on behalf of the City, to Miss Toews for all her hard work on the survey. ***** CD-92-61 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Ascot Woods No. 6"; Owner: Ascot Woods Ltd. (Mr. BrianSinclalr, President). The reportrecommends that theAscot Woods No. 6 Subdivision be approved subject to the conditions enumerated in this report. Alderman Shetar declared a conflict of interest, because his employer was involved in a noise study for the project. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded on Jane 12, 1992 to all persons assessed as of land within 120 meters of the subject lands. His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor, was in aRendance; 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 referred to the following information included in Technical Report No. PD-92-82; the City's Official Plan; Northwest Community Secondary Plan; Market Analysis; Nature of Zone Change; Land Use Compatibility; Site Plan Control; and Comments from the Public Notification Process. Tom Emery, 5286 HodSson Avenue, indicated that he was in fayour of the building of a plaza but was opposed to having an apartment building. Frank McGowan, 5124 Montrose Road, stated he was in support of a plaza, but was concerned about traffic problems and dust in the area. Don Sicbert, 7812 Preakness Street, expressed concerns regarding devaluation of property; pedestrian traffic. Mr. Sicbert stated he was in favour of having a plaza but indicated that he was opposed to having another rental building in the area and requested that the proposal be reconsidered. Marie Mannella, $365 Hodgson Avenue, expressed concerns regarding ProPerty depreciation; invasion of privacy; increase in traffic; safety of children; and the capacity of the sanitary sewer system. -7- Don Sorely, expressed concerns regarding an overabundance of high density housing; traffic congestion. Ms. Bobble Pietrangelo, 7752 Preekness Street, expressed concerns regarding the increased traffic and indicated the difficulty in crossing the road at the present time. Jean Grandoni, R.R. #1 Garner Road, addressed the issues of land use; density; water shed solutions; and storm water management through the use of sump pumps. Vern Glynn, 7877 Watson Street, questioned a proposed access to Highway 420. Concerns were expressed regarding the proposed height of the building and increased traffic noise. It was moved by Alderman Ward, seconded by Alderman Craitor, that approval be granted to proceed past 11 o'clock. Carried Unanimously. Mr. Brlan Sinclair, addressed concerns regarding proposed height; fencing; landscaping and access to Highway 420. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application CD-92-61 closed. ORDERED on the motion of Alderman Purdck, seconded by Alderman Cowan, that the application be approved. The motion Carried with Alderman Janvary voting contrary to the motion and Alderman Shetar abstaining from the vote, on a conflict of interest previously noted, and with all others voting in fayour. -AND- PD-92-85 - Chief Administrative Officer - Re: Zoning By-law Amendmere AM-14/92, Ascot Woods Ltd. No. 6. The report recommends that Council support the application to amend the zoning for certain lands to RSB with special provisions and certain other lands to NC with special provisions as outlined in this report; that the amending by-law be prepared for enactment at a subsequent Council meeting; that the lands be made subject to Site Plan Control to ensure the site is developed in a sensitive matter including grading, drainage, lighting, parking, fencing, landscaping, servicing, etc. -AND- Communication No. 170 - Regional Niagara Planning and Development Department. communication states having no objection to the approval of the application. The Communication No. 171 - Niagara Peninsula Conservation Authority, The communication indicates as having no objection to the application. Communication No. 172 - Regional Public Works Department. The communication advises having no objections to the reaoning. Communication No. 173 - Susan Peters, 4999 Tara Avenue. The communication expresses opposition to the application to amend the City's zoning By-law. Communication No. 174 - Social Planning Council of Niagara Falls. The communication indicates there is a need for a small commercial development in the area; as well, it cleans up the area; no adverse affects to housing. Communication No. 175 - CN, Engineering Services. The communication requests that the set back, safe~y berm, and fencing requirements be included in the zoning by-law amendment. -8- Communication No. 176 - Jean Crandoni, R.R. #1, Garner Road. The communication expresses concerns regarding storm water management. Communication No. 177 - Elaine Gauthier, 7850 Pceakness Street. The communication expresses opposition to the zoning by-law amendment application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application PD-92-85 closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the application be approved. The motion ff.~ with Alderman Janvary voting contrary to the motion and Alderman Shetar abstaining from the vote, because his employer was involved in a noise study for the project and with all others voting in fayour. REGULAR COUNCIL MA'ITERS ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the Minutes of the Regular Meeting of June 29, 1992 be adopted as printed. Carried Unanimously. DEPUTATIONS Mr. Ted Krasowski, Canadian Polish Veteran Society of Niagara provided a brief history of the life of Marie Curie and invited everyone to attend the celebrations to be held November 7, 1992, marking the 150th birthday of Marie Curie. Mr. lCrasowski requested that Niagara Fails henour the accomplishments of Madame Marie Sklodowska Curie through a dedication of a suitable park or street. His Worship Mayor Thomson thanked Mr. l(.resowski for his presentation. ORDERED on the motion of Alderman Cuwanings. seconded by Aideman Headershot, that the request to dedicate a street or park in henour of Marie Curie be referred to the Civic Committee. ~ Unanimously. Mr. Charles Ort, provided a report on the activities of the Niagara Peninsula Conservation Authority, which included the purchase of an additional 90 acres of property to increase Escarpment holdings; gypsy moth spraying program; erosion monitoring; flood containment and raising funds for projects for the physically disabled in conservation areas. His Worship Mayor Thomson thanked Mr. On for his report. Mr. Anthony Biletin proceeded to address Council, but Council felt Mr. Biletin was not addressing the appropriate issue and it was ORDERED on the motion of Alderman Headershot, seconded by Alderman Fisher, that Mr. Anthony Biletin not be permitted to continue to address Council. Unanimously. Carried ***** Correspondence from Glenview area residents regarding laneway in the Glenview area. -9- COMMUNICATIONS Communication No. 178 - Andrew Cserpes Jr,, City Limits Nightclub - Re: Live entertainment. The communication requests Council permit a "Battle of the Bands" competition, commencing luly 23, 1992 and concluding August 20, 1992, with proceeds from the tickets to go toward the Niagara Falls CAT ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that approval be given subject to adherence to the City By-laws. Carried Unanimously, Communication No. 179 - Niagara Peninsula Children's Centre - Re: Proclamation. The communication requests Council proclaim the month of September, 1992 as "Niagara Peninsula Children's Centre Week"; and that Council proclaim the week of September 21, 1992 as "Niagara Peninsula Children's Centre Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the request be approved subject to established policy. Carried Unanimously. Communication No. 180 - The United Nations International Day of Peace - Re: Proclamation. The communication requests that 1) a proclamation be issued, inviting citizens to participate in a one minute of silence and a moment of sound on September 15, 1992; 2) that the media be utilized to make the observance prior to September 15, 1992; 3) that civic staff be encouraged to participate in a minute of silence and a moment of joyous sound at noon on September 15, 1992; 4) that local school boards be contacted to encourage participation in each of the schools in their jurisdictions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the request proclaiming September 15, 1992 as a day to respect a minute of silence for the United Nations International Day of Peace, and further that the local schools be directly contacted by the organization. Carried Unanimously. Communication No. 181 - Town of Fort Erie, Clerk's Office - Re: Municipal Business Licensing Act. The communication requests support of a recommendation to petition the Minister of Municipal Affairs to initiate the Municipal Business Licensing Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shefar, that the recommendation be approved. Carried Unanimously. Communication No. 182 - The Corporation of the City of Windsor - Re: Resolution. The conununication requests Council support a resolution urging the Province of Ontario to continue to annually fund the PRIDE program ia an amount equal to the level of previous funding, as it provides a means and opportunity for job opportunities and provides work for the unemployed. ORDERED on the motion of Alderms, Puttick, seconded by Alderman err, that the request be supported. Carried Unanimously. Communication No. 183 - Niagara North Board of Waste Management - Re: Meeting and Minutes. The coraraunication provides information regarding an upcoming meeting on July 9, 1992 and requests approval of the Niagara North Board of Waste Management minutes of June 11, 1992. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the recommendation be endorsed. Carried Unanimously. Communication No. 184 - McKinley-Molodynia Chlropractic Clinic - Re: Man-A-Mile-Race. The communication requests Council permit the use of the Municipal Road for the Man-A-Mile Relay Race on Monday, October 12, 1992 at 9:00 a.m. commencing at McFarland Park. ORDERED on the motion of Alderman Puttick, seconded by Alderman Off, that the request be approvad subject to established policy. Carried Unanimously. Communication No. 185 - City of Nepean - Re: Resolution. The communication requests Council support a resolution encouraging the Province of Ontario to introduce economic incentives, such as taxes, to discourage the use of non-refundable beverage containers, and that the Ontario Ministry of Environment be encouraged to advance efforts to develop and implement a comprehensive approach to funding the Blue Box and other Municipal solid waste programs. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the recommendation be supported. Carried Unanimously. - 10 - Communication No. 186 - Wine Council of Ontario - Re: Sunday Openings. The communication requests that Council provide written approval to open retail stores on Sundays, in accordance with the Liquor Control Act of Ontario. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the recommendation be endorsed. Carried Unanimously. Communication No. 187 - The Greater Niagara General Hospital - Re: Response to Regional Representative of the Ontario Nurses' Association correspondence. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the communication be received and ~ed. Carried Unanimously. Communicatinn No. 188 - Oonuhseh - Niagara Native Homes Incorporated - Re: Funding for Native Housing. The communication requests that Council support a housing program for adequate, affordable housing. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the recommendation be endorsed. Carried Unanimously. Communication No. 189 - Margaret Harrlngton, M.P.P. Niagara Falls - Re: Labour Relations Act. The communication provides information on the featares and goals of the Ontario Governmant's Legislation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communication be received and filed. Carried Unanimously. Communication No. 190 - Niagara Falls, Visitor & Convention Bureau - Re: Interest Rates. The communication requests Council examine the possibility of adjusting the existing interest rate for taxes in arrears. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the matter be referred to Finance. Carried Unanimously. B-92-46 - Chief Administrative Officer - Re: Grant Application for the Buildings and Inspections Department. The report recommends that Council authorize that an application be made to the Ontario Minister of Housing, Buildings Cede Branch, for a matching grant not exceeding $5,000.00 to purchase two computerized workstations, seaware and TV/VCR combination for the Buildings & Inspections Department. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Resolution No. 45. B-92.47 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for June, 1992. The report 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 fried. Carried Unanimously. B-92-48 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Mini-Golf addition to Niagara Go-Karts, Kinsmen Court. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposad Mini-Golf addition, and the Site Plan being drawing number XI- 2809 filed with the Buildings and Inspections Department of the City of Niagara Falls on July 6, 1992 and that such approval be subject to the conditions of the report. ORDERED on the motion of Alderman Craltor, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. B-92.49 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Car Wash, Marineland Parkway. The report recommends that the Council approve the site plan on display at tonight'S meeting, being a proposed car wash, and the Site Plan being drawing number AI, and the Grading Plan being drawing number A2 and flied with the Buildings and Inspections Department of the City of Niagara Falls on June 22, 1992 and that such approval be subject to the conditions of the report. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. -11 - MW-92-164 - Chief Administrative Officer - Re: 12th Annual Terry Fox Run, September 20, 1992. The report recommends that the Terry Fox Run scheduled for Sunday, September 20, 1992 be approved subject to the following: 1) That the evem meet all requirements from all other authorities; 2) Thatac~py~f~nemil~innd~~~ar($~~~~~~~~~.~~)~iabi~ityinsuranceindicatingc~verugef~rtheCity of Niagara Falls be presented to staff prior to the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimously, M'vV-92-174 - Chief Administrative Officer - Re: Indian Defense League of America; Annual Parade. The report recommends that the Indian Defense League of America Annual Parade scheduled for Saturday, July 18, 1992 be approved subject to the following: 1) That the event meet all requirements from all other authorities; 2) That provisions be made to include liability insurance coverage for the event under the City's policy at no charge to the event organizers. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously, M~V-92-177 - Chief Administrative Officer - Re: Contract 92-113; Storm Sewer Separation and Infrastructure Rehabilitation on Cherrygrove Rd. and Randy Dr., and Road Reconstruction on Pettit Avenue. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Limited be acoepted and that the by-law appearing on tonight's agenda be passed awarding this contract. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-l~lw No. 92-148, RATIFICATION OF MUNICIPAL WORKS COMMFFFEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. MV~-92-168 - Additional Hazardous Waste Days - that one additional Household Hazardous Waste Day be held in 1992, on Saturday, August 15, 1992 - That the recommendation be denied. The motion was amended to bring for'ward the second Household Hazardous Waste Day to the end of September or early October. The motion to amend, which took precedence, Carried with Aldermen Cowan, Craitor and Janvary voting contrary. MW-92-169 - Landfill Credit System Policy Clarification - that the report be received and adopted. MW-92-170 - Landfill Credit System Collection Policy - that the report be received and adopted. MW-92-171 - Purchase of Recycle Truck(s) - that the report be received and adopted. Alderman Susin opposed. MW-92-172 - Construction Progress Report - that the report be received and adopted. Alderman Janvary abstained on a conflict of interest regarding Sheldon Street. MW-92-173 - Nichol's lane Fatalities; Recommendation of the Coroner's Jury - that the report be received and adopted. Carried Unanlmou~ly PD-92-78 - Chief Administrative Officer - Re: Integrating Social Planning into the Land Development Approval Process. The report recommends that Council support the inclusion of social planning matters as part of the Community Planning process but not as part of the development approval process through legislation or the addition of a development review agency. Furthermore, that a copy of this report be sent to the Niagara Falls Social Planning Council and the Sewell Commission on Planning and Davelopmant Reform in Ontario. ...12 - 12 - ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD-92-80 - Chief Administrative Officer - Re: Garbage Bins on Private Property. The report recommends that Council receive this report for information purposes and a copy of this report be forwarded to Mr. Delaney. ORDERED on the motion of Alderman Headershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD-92-83 - Chief Administrative Officer - Re: Comments on the Discussion Paper entitled "An Agricultural Land Protection Program for Ontario". The report recommends that a copy of this report be sent to the Ministry of Agriculture & Food as the City's response to the discussion paper on an Agricultural Land Protection Program for Ontario. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD-92-88 - Chief Administrative Officer - Re: Proposed Decontamination of PCB's; Ford Motor Company of Canada - 9127 Moatrose Road. The report recommends the following: 1) That Council offer no objections to the proposed decontamination of PCB's at the Ford Glass Plant (9127 Montroee Road), conditional upon: a) the proponent, PPM Canada he., notifying the Fire Chief of the actual commencement of the alecontamination process; b) meetinga~~app~ica~~eMinistry~ftheEnvir~nment(M~E)standardsandutiIizingM~Eappr~ved technology; c) obtaining prior approval of the City if municipal water or sewers are to be used; 2) That Council notify the Ministry of the Environment and PPM Canada Inc. regarding recommendation #1 that no other local permits are required; 3) That the 30-day notification period may be waived. ORDERED on the motion of alderman Headershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD-92-89 - Chief Administrative Officer - Re: Tourism Master Plan; Interim Report - Public Consultation. The report recommends that Council receive this report for information purposes and that Council extend the public consultation period to the end of September, 1992. ORDERED on the motion of Alderman Headershot, seconded by Alderman Craitor, that the report he received and adopted. Carried Unanimously. R-92-25 - Niagara Falls Recreation Commission - Re: 1992/1993 Winter Ice Schedule for Municipal Arenas. The report recommends that the Schedules for Special Events and Regular Use of Winter Ice for 1992/1993 at Municipal Arenas be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. F-92-2g - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts Wtalling $632,487.34 for the period ending July 6, 1992; and the accounts totalling $750,600.78 for the period ending July 13, 1992, be epproved by the passing of the by-laws 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 Ca~iM with Aldermen Craitor, Headershot, Fisher, Innvary and Susin dsclaring conflicts of interest previously recorded and with all others voting in fayour. See By-law No. 92-153 See By-law No, 92-154 O~EED on ~e motion of Alds~ Headershot, s~ndM by Aideran Cu~lngs, ~at ~e ~poR . be f~ivM ~d ~M. Ca~iM Unsnimously. - 13 - RATIFICATION OF FINANCE COMMrFI'EE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the following actions taken by the Finance Committee earlier this evening, be approved. FC-92-21 - Appointment of City Auditors for 1992 - that staff be authorized to enter into negotiations with Crawford, Smith & Swallow Chartered Accountants for the provision of audit services and that other local firms be contacted in this regard. FC-92-19 - Region-Wide Assessment - that Report FC92-19 be received. That as a resultof the Province enticing the municipality to get into the market value assessment, a legal opinion be sought as to what the municipality can do to resist remitting Regional and Educational requisitions for taxes. FC-92-22 - Tax Balances at June 30, 1992 - that Report FC-92-22 be received and filed. City of Niagara Falls Banking Services (Verbal Report) - that stuff put out for quotations to different banks for banking services in the City based on a term of three years with option for renewal of a further Purchase of Aviion Computer (Verbal Repor0 - that the verbal report be accepted. 2835 Royal Canadian Artillery Cadet Crops - Request for Grant - that this request be referred to the Director of Parks and Recreation w determine the makeup of this charge and if there is any flexibility in the charge. The Salvation Army - Request for Financial Assistance through the National Red Shield Appeal - to receive and file the Salvation Army's request. That a letter be sent indicating the 1992 budget has been finalized and that grants cannot be considered mid-term. Christian Children's Fund of Canada - Request for Financial Support - to receive and file the request from the Christian Children's Fund of Canada. That a letter be sent indicating the 1992 budget has been fmalized and that grants cannot be considered mid-term. Heritage Publishing House - to receive and fie the request from Heritage Publishing House. Grant Review Protess - that the sentence reading "that all City budgets should be prepared with the goal of maintaining the existing level of municipal services and that, where possible, every effort should be made to reduce spending" be removed from the draft letter. Carried Unanim0ugly, CD-92-60 - Chief Administrative Officer - Re: Election Act; Clerk's Report on Disclosures. The report recommends that this report be received and filed for the information of Council. ORDERED on the motion of Alderman Cowan, seconded by Alderman Germane, that the report be received and filed. Carried Unanimously. 8-92-27 - Chief Administrative Officer - Re: Amendments to the Buildings and Building Permits By-law No. 76-60. The report recommends that the Building Permits By-law No. 76-70 be mended to enable the chief official to determine whether or not an audited statement submitted by a builder is a fair assessment of the cost of the construction. ORDERED on the motion of Alderman Cummings, seconded by Alderman Off, that the report be received and adopted, Carried Unanimously. RATIFICATION OF COMMITTEE OF TIlE WHOLE ACT/ONS ORDERliD on the motion of Alderman Headershot, seconded by Alderman Germane, that the following actions taken by Committee of the Whole earlier this evening, be approved. - 14 - R-92.24 - Masters Public Administration Program - that Council support the involvement of the Director of Parks & Recreation as a part-time student in the M.P.A. program at the University of Western Ontario beginning in September, 1992, and further, that Council approve 100% of the costs of tuition and related expenses. 8-92-30 - Tractor Trailers in Residential Areas - that Council not proceed with zoning regarding Tractor Trailer parking in residential areas. Exchange of Lands between City and Mr. L. Martin (Southeast corner of Portage Rd. and Swayze Drive) - that the City proceed with the Agreement between Mr. L. Martin subject to obtaining an appraisal. Carried Unanimously. RF, SOLUTIONS No. 45 - CUMMINGS - FISHER - WHEREAS the Ontario Ministry of Housing has developed a program whereby they will provide a grant of up to fifty percent of eligible costs with a maximum award of $5,000.00 for innovative projects for Building Departments; and WHEREAS the Buildings and Inspections Department of the City of Niagara Falls has developed a proposal for consideration by the Ministry of Housing; WHEREIN to continue expanding the Department's computer network and enhance our method of coramunication with the public; THEREFORE the City of Niagara Falls hereby makes application for a grant to purchase two computerized workstations, software and a TV/VCR combination 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. Carried Unanimously. BY-LAW~ 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: 92-147 A by-law to amend By-law No. 76-60, as amended, being a by-law respecting buildings and building permits. 92-148 92-149 92-150 A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for storm sewer separation, infrastructure rehabilitation and road reconstruction. A by-law to amend By-law 79-200, as amended (AM-34/91, Marsniex Inc.) A by-law to amend By-law No. 79-200, as amended (AM-30/91, River Realty Dev. - Sheat DS) 92-151 A by-law to amend By4aw No. 79-200, as amended (AM-30/91, River Realty Dev. - Sheet D2 & D3) 92-152 A by-law to authorize the execution of an agreement with Keyin Steele Landscaping & Contracting Inc. respecting Crimson Park and Bambi Park. 92-1.$3 A by-law to authorize monies for General Purposes (July 0{5, 1992). . r' 92-1U A by-law to authoriz~ monies for General Purposes (July 13, 1992). ~l'he motion ~ with Aldermen Craitor, Fisher, Hendershot, Innvary, and Susin abstaining from the vote on By-law Nos. 92-153 ann 92-154 on conflicts of interest previously recorded and with all others voting in fayour. - 15- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 92-147 A by-law to amend By-law No. 76-60, as amended, being a by-law respecting buildings and building permits. 92-148 A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for storm sewer separation, infrastructure rehabilitation and road reconstruction. 92-149 A by-law to amend By-law 79-200, as amended (AM-34/91, Marsulex Inc.) 92-150 A by-law to amend By-law No. 79-200, as amended (AM-30/91, River Realty Dev. - Sheet DS) 92-151 A by-law to amend By-law No. 79-200, as amended (AM-30/91, River Realty Dev. - Sheet D2 & D3) 92-152 A by-law to authorize the execution of an agreement with Keyin Steele Landscaping & Contracting Inc. respecting Crimson Park and Bambi Park. 92-153 A by-law to authorize monies for General Purposes (July {)6, 1992). 92-154 A by-law to authorize monies for General Purposes (July 13, 1992). The motion Carried with Aldermen Craitor, Fisher, Hendershot, Janvary, and Susin abstaining from the vote on By-law Nos. 92-153 and 92-154 on conflicts of interest previously noted and with all others voting in favour. NEW' BUSINESS Greater Niagara Senior Citizens Association ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that a letter be forwarded to the senior citizens of the Greater Niagara Senior Citizens Association for their contribution towards the building expansion of the Coronation Recreation Centre. Carried Unanimously, Ontario Good Roads Association Alderman Putrick refeffed to a letter from the Ontario Good Roads Association regarding the efforts of Mr. John Morocco, Municipal Service Centre, who initiated a collection among the students at the 1992 Road School, being contributed to the Kristen French Scholarship in St. Catharines. Alderman Puttick requested that a letter of acknowledgement be sent to the Ontario Good Roads Association. Alderman Puttick made mereion of a letter from Mrs. H. MacDonald regarding utilization of the Blue Box Program and indicated that the matter be referred to the Niagara Regional Tourist Association. Sound System in Council Chambers Discussions were held regarding the sound system and microphones that had bean used on a trial basis in Council Chambers. o 16 - ORDERED on the motion of Alderman Cowan, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, T~VENTY-SIXTH MEETING COMMITFEE OF THE WHOLE Committee Room #2 July 27, 1992 Council met on Monday, July 27,1992 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Aideman Ward presided as Chairman. Following consideration of the items presented, the CommiUee of the Whole arose to report in open session. READ AND ADOPTED, REGULAR COUNCIL MEETING MAYOR WAYNE THOMSON Council Chambers July 27, 1992 Council met on Monday, July 27, 1992 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Ward offered the Opening Prayer. CONFLICTS OF INTEREST Alderman Susin declared a conflict of interest on Report CD-92-62, because he is a member of the Chippawa Legion. Alderman Germane declared a coral ict of interest on Report F-92-30, Cheque No. 79571, hecanse her daughter is employed by the School Board. Alderman Craitor declared conflicts of interest on Report F-92-30, Cheque No. 79384, because his wife is employed by the Region; and Cheque No. 795325, because he is a member of the Board. Alderman Ward declared a conflict of interest on Report 8-92-31, because he has a business relationship with the applicant. Aideman Fisher declared a conflict of interest on Report 3-92-31, because her employer resides in the ar~a. Alderman Cowan declared a conflict of interest on Report F-92-30, Cheque No. 79493, because his employer is the recipient. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the Minutes of the Regular Meeling of July 13, 1992 be adopted as printed. Carried Unanimously. PRESENTATION$ His Worship Mayor Thomson congratulated and presented a token of appreciation on behalf of the City, to Z~non Chytra, Cynthia Roberrs and Dave Reid on their recent Scholastic achievements. -2- DEPUTATIONS Mr. ,Iohn Navarroli, Fern Park Concerned Citizen's Association, introduced Mrs. Gait Pickles, who provided a video presentation regarding the tree cutting at Oldfield Estates. Mrs. Pickles referred to the loss ofwildlife in the area, including deer and birds; the increase in noise levels from passing trains and indicated leaning trees could be a hazard to children playing in the area. Stephanie Davidson, 7641 Thames Crescent, provided information regarding the rapidly decreesing bird species in the area; the type and age of trees which had been destroyed. Mr. lohn Navarroli indicated that improperly cut trees could present a hazard to the children in the area; and referred to the potential fire hazards. Mr. Navarroli expressed concerns regarding the loss of wildlifo habitat; the destruction of food sources and nesting grounds; the loss of nature barriers which provided a buffer betwean residential and industrial areas; the inability to relocate wildlife; destruction of plant life; the change in the water table and the increase in noise. Tracy Sherriff, a student at James Morden School, presented a poem she had written regarding the loss of trees and their impact on future generations. Mr. Ray Wilson referred to the destruction of trees on Oldfield Road; the destruction of the wet/ands; questioned the need for industrial land in the area and indicated that a by-law prohibiting such actions be put in place. His Worship Mayor Themsore requested that all persons wishing to receive further notice submit their names and addresses m the Deputy Clerk prior to l~aving the meeting. Alderman Craitor referred to correspondence indicating the Region's objections to the Ministry of Natural Resources for the transfer of a Forest Health Information and Awareness Program to the Region. ORDERED on the motion of Aideman Craltor, seconded by Alderman Germane, that the matter be brought to the attention of the Region for further discussion. Carried Unanimously, - AND - Communication No. 192 - Dr. C. David Nicholson - Re: City Tre~ Protection. The communication requests Council implement a policy respecting tree specimens worthy of protection. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and fded. Carried Unanimously. Since there was no further discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Headershot, that submissions and remarks of the Fern Park Concerned Citizen's Association be forwarded to the Environmental GreeninS Committee and further that a task force comprised of Environmental Agencies and residents be formed and that a meeting be scheduled with the developer to discuss the safety hazard of leaning trees in the area and future plans for the woodlot. Carried Unanimously. Social Plannine Council Jmny Reasl, Acting Executive Director, provided information on the Social Planning Council's Mandate; referred to the five local networks and indicated a grass-roots approach to the Niagara Falls community. Ted howski provided information on the activities of the Employment Committee. A! Morellato, Poverty Committee, addressed the issue of raising public consciousness regarding Pt~verty and increasing the government's commitment to decteaaing poverty in Niagara Falls; and .referred child care reform and community education. Karan Stearne-Pasco, Fund Raising Committee, referred to a Needs Assessment Study regarding the lack of services being provided to new immigrants; and supplied information regarding the Festival of Trees for 1992. Bill Meredith, Niagara Falls Data Base Committee, indicated the need for current, accurate data and identifying trends. Mr. Meredith stated it is critical to have the Social Planning Council in place to improve the quality of life for the citizens of Niagara Falls. Alderman Kim Craitor, Mayor's Committee on Housing, provided information regarding the problems on housing; referred to a central housing registry and a condorainium conversion study. It was indicated that the Social Planning Council has had a positive impact on the community. His Worship Mayor Thomson expressed appreciation to the Social Planning Council for their attendance and submissions. Pinetree Village Mr. Earl Blackadder, Solicitor, representing Mr. A. Giammattolo, Pine Tree Village discussed the matter of Mr. Giammattolo's violation of the laws; the issues and concerns of the residents; and the trailer park providing affordable housing. Mr. Blackadder referred to correspondence respecting the water supply and well contamination from the landfill site and indicated there was no evidence to support such a claim. Mr. Alan Cain indicated he had chosen Pine Tree Village and Niagara Falls for his retirement years and that he wished to keep his residence. Mr. Cain expressed concerns regarding the difficulties in trying to sell the units. Several residents indicated no land searches had been performed by the solicitors because the land was rented and not purchased; discussions were held regarding payment of taxes; the desire to remain located in the park; posting of signs indicating the number of trailers allowed. Mrs. Bernice Young expressed concerns regarding the inability to sell their trailer homes; the loss of investment and indicated other trailer parks would not accept these units. Mr. Edward Young stated he had purchased his mobile home for retirement reasons and indicated the decision of the Niagara Escarpment Commission regarding seventeen trailer homes has left rasidenta in a turmoil. The City Solicitor responded to questions regarding the Niagara Escarpment Commission's restoration order for 17 units to be removed by October, 1993, and stated Council does not have the authority nor a guarantee that the order could be reversed. Gerald Fle~hef extended an invitation to members of Council to tour the trailer park facilities and see how well it was maintained. ORDERED on the motion of Alderman Puttick, seconded by Alderman Off, that the Niagara Escarpment Commission be requested to reconsider the restoration order regarding the 17 trailer homes provided: a) that appropriate releases are received from Mr. Giammattolo and each of the residents of Pine Tree Village indicating they understand the City is not responsible for well water contamination at Pine Tree Village; b) that Mr. Giammattolo agrees in writing with the residents of Pine Tree Village to obtain the serviced of a Solicitor at his expense; and c) that Mr. Giammattolo enter into agreements with each of the trailer unit owners that each will be awarded four months flee rent. Following further discussion it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the motion be amended to indicate the owners of the trailer units be provided one year free rent. The motion to amend was Def~ted with the following vote: AYE: Aldermen Cowan, Cummings, Fisher, Sharar and Ward. NAYI]: Alderman Craitor, Germane, Headershot, Innvary, Off, Puttick, and $usin. -4- The original motion made by Alderman Puttick, seconded by Alderman err, including conditions (a) through (c) C~ied with the following vote: AYE: Aldermen Craitor, Germane, Hendershot, Ianvary, err, Puttick, and Susin. NAYE: Aldermen Cowan, Cummings, Fisher, gherar and Ward. - AND - 8-92-28 - Chief Administrative Officer - Re: Pinetree Village Mobile Home Park. The report recommends that this report be received for information only. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and ~ed. Carried Unanimously. COMMUNICATIONS Communication No. 192 - Laubach Literacy of Canada - Re: Proclamation. The communication requests that Council proclaim Tuesday, September 8, 1992 as "World Literacy Day". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. Communication No. 193 - St. Andraw's United Church - Re: Petition. The communication requests Council to reconsider and rescind their request to the Provincial government to establish one of the six proposed Gambling Casinos in Niagara Falls. ORDERED on the motion of Alderman err, seconded by Alderman Craitor, that the communication be received and filed. Carried Unanimously. Communication No. 194 - Niagara Falls Motor Lodge & Coffee Shop - Re: Direction sign. The communication requests that a 4'x 4' sign be placed on the outside wall of Movieland Video Store in Chippawa, advertising directions to the motel. ORDERED on the motion of Alderman Hendarshot, seconded by Alderman err, that the communication be referred to staff. Carried Unanimously. Communira~on No. 1~}$ - Social Planning Council of Niagara Falls - Re: Policy Statement on Housing. The communication requests that an annual assessment or review of the Official Plan be undertaken to determine the communlty's success in meeting the Provincial pol icy statement requirements. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the communication be referred to staff. Carried Unanimously. Communication No. 196 - The Corporation of the Town of Capreel - Re: Resolution. The communication requests Council support a resolution petltioning the parliament of Canada to amend the Criminn! Code of Canada, the Bail Reform Act and the Parole Act accordingly, to ensure no criminals are released without bail hearings, to ensure the puhiic's safety. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the resolution be supported. Carried Unanimously. Communication No. 197 - Municipality of the Township of Tiny - Re: Resolution. The communication requests Council support a resolution advising the Premier of Ontario, the Minister of Municipal Affairs and their respective members of the Ontario Legislature to ensure that restructuring in the Province of Ontario creates stronger, more viable municipal units and does not simply encourage assessment grabs to urban municipalities. ORDERED on the motion of Alderman Puttick, seconded by Alderman .lanvary, that the recommendation be supported. The motion .~ with Alderman Cummings voting contrary others voting in favour. to the motion and with all Communication No. 198 - Corporation of the City of KIngston - Re: By-law to Conventions and Major Events. The communication provides information on a By-law to establish pol icy with regard to financial assistance to conventions and major events. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershgt, that the matter be referred to the Municipal Conference Committee, Carried Unanimously. Communication No. 199 - Regional Niagara, Planning and Development Department - Re: Niagara Escarpment. The communication requests comments by August 31, 1992 regarding possible delegation of Niagara Escarpment Development Control Authority to Regional Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the matter be referred to staff. The motion Carried with Alderman Puttick opposed to the motion and with all others voting in fayour. UNFINISHED BUSINESS Alderman Hendarshot discussed the upcoming Council meeting of August 24, 1992 and indicated that since several Aldermen will be attending the Association of Municipalities of Ontario (AMO) annual conference at that time, requested that the next Council meeting be reschedulecl to August 31, 1992. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the Council meeting planned for August 24, 1992 be rescheduled to August 31, 1992. The motion Carried with Alderman Craitor opposed to the motion and with all others voting in favour. REPORTS B-92-52 - Chief Administrative Officer - Re; Site Plan Approval; Proposed Shopping Plaza, East Side of Montroee Road, North of Thorold Stone Road. (AM-34/89). The report recommends that the Council approve the site plan on display at tonlght's meeting, being a proposed shopping centre, and the Landscape Plan being drawing number AI-91691-L1, and the Grading Plan being drawing number A1- 91691-G2 and the Servicing Plan being drawing number A1-91691-G3 and the plan and profile being drawing number A1-91691-P1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on/uly 21, 1992 and that such approval be subject to the conditions of the report. Mr. Biamonte expressed concerns regarding the proposed plaza proceeding on a piecemeal basis, as this would provide difficulties for the other stores in the plaza. Following further discussions, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be tabled for further information. The motion Carried with the following vote: AYE: Aldermen Cummings, Craitor, Fisher, Germane, Janvary, err, Shetar, Susin and Ward. NAYE: Aldermen Cowan, Hendershot and Puttick. B-92-53 - Chief Administrative Officer - Re: Oscar Maids - 3521 Portage Road. The report recommends that this report be received for the information of Council. Mr. John Chlrico expressed concerns with respect to the parking provisions in the plaza; zoning By-law 79-200; the matter of the right of way and provided documentation regarding those concerns. The Solicitor responded to questions regarding on-site parking within the right of way; non- conforming use of land and the enforcement of by-laws. Mr. Scott Paten expressed concerns regarding the matter of illegal parking and requested that a parking plan be provided. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the matter be referred to staff regarding clarification of parking spots. The motion ~ with Alderman Puttick voting contrary to the motion and with all others voting in fayour. Alderman Germane lef~ the meeting, -6- B-92-S4 - 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 Order. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. B-92-55 - Chid Administrative Officer - Re: Site Layout Approval Proposed Price Club Warehouse; S/W comer Mewbum and Mountain Road. (AM2/92). The report recommends that Council review the site layout drawing on display at tonight's meeting for the proposed Price Club Warehouse together with the amendment to the Official plan and the Zoning By-law amendment. His Worship Mayor Thomson declared a conflict of interest, because his wife is involved; and relinquished the Chair. Alderman Bruce Ward assumed the Chair. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. H~ Wonh~ M~or Tho~on resumed the Cha~. See By-law No. 92-167 See By-law No. 92-168 See By-law No. 92-169 MW-92-18S - Chid Administrative Officer - Re: Contract 92-08, Surface Treatment of Roads. The report recommends that the unit prices submitted by the low tenderur Norjohn Limited, be accepted and that the by-law appearing on tonight's aganda be passed. ' ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, See By-law No. 92-161 MW-92-187 - Chid Administrative Officer - Re: By-law to Authorize Road Reconstruction on Jepson St. from Palmar Ave. to St. Lawrence Ave. 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 aganda, to authoriz~ the above-noted works; 2) That subject to there being no valid objections, that the By-law appearing on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be ruceived and adopted. Carried Unanimously. See By-law No. 92-155 M'vV-92-189 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Report, The report recommends the following: 1. Parki~ Meters. Locks. Collectinn Cart a) ThatC~unedanth~rizeapr~po~edexpenditure~f$3~~~~~f~rth~pureha~e~fhighsecur~tyvau~t type meter hensings, locks and collection cart with high security boxes; b) That the funds be taken from Parking Reserve Fund account #40209 as budgeted for in the 1992 Parking Reserve Fund Operating Budget. -7- 2. Niagara Transit - Request for Crosswalk Lines That Council endorse Niagara Transit's request for crosswalk lines to be painted on Drummond Road, Portage Road and Gallinger Street and be forwarded to the Region for action to be taken. 3. Ramada Coral Inn - Fatality Investigation That Council endorse the Ramada Inn's request and forward the attached letter to the Region of Niagara for investigation. 4. MW-92-165 - Maple St. at Fourth Ave, - All Way Stop Control That an All Way Stop be installed at the intersection of Maple Street and Fourth Avenue. 5. MW-92-181 - Heavy Vehicle Restriction - Woodland Boulevard That a heavy vehicle restriction be implemented on Woodland Boulevard. 6. MW-92-180 - Dixon Street Parking Restriction That parking be restricted along the south side of Dixon Street from Drummond Road to a point 32.0 7. Taxicab Parking Meters - Set Fine That Council endorse the fine structure and short form wording for taxicabs parking at parking meters. 8. MW-92-139 - Heavy Vehicle Restriction - Sharon Avenue and Douglas Street That a heavy vehicle restriction be implemented on Sharon Avenue and Douglas Street. 9. MW-92-162 - Alex Avenue Parking Restrictions That parking be restricted on the west side of Alex Avenue from Deerbrooke Street to a point 70m north and from Hemlock Street to a point 64m southwest. 10. Sheraton Fallsview - Request for Taxicab Parking That a taxicab zone be implemented on Oakea Drive in front of the Sheraton Fallsview until the area is reconstructed in the Fall/Winter 1992. 11. Historical Chippawa Sign That the Region of Niagara be requested to re-erect a new Historical Chippawa Sign (established 1796) on Portage Road just north of Norton Street. 12. By-Law 89-2000 Amendments That the by-laws amending By-law 89-2000 (being a by-law to regulate parking and traffic on City Roads) appearing later on tonight'a aganda, be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. -8- MW-92-190 - Chief Administrative Officer - Re: Contract 92-106, Storm & Sanitary Sewer, Watermain and Road Reconstruction on Jepson Street from Palmer Avenue to St. Lawrence Avenue. The report recommends the following: 1) That the by-law appearing on tonight's agenda be passed, authorizing the temporary road closure of Jepson St. from Palmer Ave. to St. Lawrence Ave. commencing on August 10, 1992 for a time period rtile, agjt~ (to approximately September 30/92) to allow construction to progress expediously; 2) That the unit prices submitted by the low tendeter, De Rose Bros. General Construction be accepted and the contract awarded to this fn'm subject w the above temporary road closure being approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, See By-law No. 92-156 See By-Jaw No. 92-162 RATIFICATION OF MUNICIPAL WORKS COMMHTEE ACTIONS ORDERED on the motion of Alderman Headershot, seconded by Alderman Cowan, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. MIV-92-178 - Mountain Road Landfill, Equipment Storage Shed - that the necessary repairs be completed on the old building, but that construction of a new building be deferred, pending a structural investigation and report. Aldermen Puttick, Ward, Cummings, Janvary, Fisher and Headershot opposed. And a further status report was requested on material purchased and available on site. Aldermen Ward, Puttick, Janvary and Hendershot opposed. MlV-92-183 - Dorchester Road Reconstruction between Thorold Stone Road & CNR Tracks - That the report be received and adopted, and a third recommendation added, that alternative specifications be permitted by contractors to provide innovative construction by the use of recycling materials for construction and that this matter be referred to the Heavy Construction Committee for input. Alderman Craltor opposed. MW-92-1M - 1992 Hot Mix Asphalt Overlay Program - That the report be received and adopted. Alderman Susin abstained on a conflict of interest. MW-92-192 - Report from Waste Management Sub-Committee Meeting July 21, 1992 - That the report be rec, eived and adopted. MW-92-186 - Municipal Bridge Appraisal Update - That the report be received and adopted. MW-92-191 - Public Information Session, Contract 92-106 Storm & Sanitary Sewer, Watermain & Road Reconstruction on Japson St. from Pulmer Avenue to St. Lawrence Avenue - That the report be received and adopted. MW-92-193. Disposal of Garbage Containers - That the report be received and adopted. It was further recommended that staff be directed not to dispose of atoll waste in the landfdl site in the future. Carried Unanimously. FD-92-0S - Chin' Admlnistratlve Officer - Re: 1992 Fire Department Clothing & Uniform Purchases. The report recommends that Council authorize the following clothing and uniform purchases: 1) FireDePa~i~entShirts-LowTander:R. NlchollsInc. $6,515.54; 2) Fire Department Fatigue pants LOw Tender: L. Mullet Dry Goods - $2,030.00; 3) Fire Department Uniforms - Low Tender: Firth Bros. Ltd. - $11,016.31; 4) Fire Department Parkas - Low Tender: Evln Industries - $3,351.10. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unsnim. onsly. -9- R-92-27 - Recreation Commission - Re: 1995 Ontario Winter Games. The report recommends that Council authorize the Recreation Commission to send a letter of intent to the Ministry of Tourism and Recreation to submit a bid to host the 1995 Ontario Winter Games, and further, that a member of Council be appointed to assist the Bid Committee. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the report be received and adopted and further that Alderman Gary Hendershot be appointed to assist the Bid Committee. Carried Unanimously. PD-92-91 - Environmental Planning & Greening Committee - Re: Environmemal Planning & Greening Committee Action. The report recommends that Council ratify the actions from the Environmental Planning & Greening Committee meeting of July 14, 1992. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. PD-92-93 - Chief Administrative Officer - Re: Further Public Meeting Zoning Amendment - AM-14/92; Ascot Woods Ltd. No. 6. The report recommends that Council consider whether a further Public Meeting is necessary to clarify the requested zone change for height of the proposed apartment buildings in the Ascot Woods Extension No. 6 subdivision. ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the matter be deferred to a subsequent Council meeting and further that staff meet with the residents regarding the clarification of the report. The motion Carried with Alderman Sherar abstaining from the vote on a conflict of interest, because his employer was involved in a noise study on the project and with all others voting in fayour. PD-!r2-95 - Chief Administrative Officer - Re: Draft Plan of Subdivision; 26T-90002; Revised Design Greenway Estates. The report recommends that Council support the proposed revisions to the draft plan of subdivision to provide for 55 lots for single family detached dwellings and that the Regional Planning and Development Department be so advised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. F-92-30 - Chief Administrative Officer - Re; Municipal Accounts. The report recommends that the accounts totalling $1,002,639.12 for the period ending July 20,1992, and the accounts totalling $1,048,293.33 for the period ending July 27, 1992, be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque Nos. 79262; 79277; 79495; and 79542. ORDERED on the motion of Alderman Headershot, seconded by Alderman Cowan, that the report be received and adopted. The motion C~ied with Alderman Putiick opposed to Cheque No. 79493; and Aldermen Cowan, Craitor, and Germane abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-laW Ng, 92-170 See By-law No. 92-171 RATIFICATION OF FINANCE COMMITFEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following actions taken by the Finance Committee earlier this evening, be approved. - Statement of Revenue and Expenditures for the six months ended June 30, 1992 - that the Statement of Revenue and Expenditures for the six months ended June 30, 1992 be approved. - Request for Donation "Operation Alzheimer" Support Group - that the request for financial support from the "Operation Alzheimer" Group be received and fled. Alderman Craitor opposed. - Report R-92-26, Request for Financial Assistance 2835 Royal Canadian Artillery Cadet Corps - that the Royal Canadian Artillery Cadet Corps request for financial assistance be denied. Mayor Thomson opposed. - Appoinunent of Bxtarnal Auditors - that the firm of Crawford Smith and Swallow continue as the City's external auditors. - 10 - - Financial Statements for the year ended December 31, 1992 - that the financial statements for the year ended December 31, 1992 be a,'cepted as submiRed. - Grant Letter - to approve the letter to be sent to agencies in regards to 1993 grant submissions. - Report FC-92-23 - Interest and Penalty on past due taxes - that the City reduce the interest and penalty on past due taxes from 15% to 12% effective for the period September 1, 1992 to December 31, 1992. This decision is subject to review at the end of 1992. Aldermen Craltor, Cummings and err opposed. Carried Unanimously, CD-92-62 - Chief Administrative Officer - Re: Special Occasion Permit; Royal Canadian Legion Branch #396; Horseshoe 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 Hendershot, 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, because he is a member of the Legion and with all others voting in fayour. CD-92-63 - Chief Administrative Officer - Re: Special Occasion Permit; Niagara Falls Men's Fastball Association luly 30, 31 and August 1, 2 and 3. 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. ~ Unanimously. - 11 - 1) That Council authorize the expropriation of the lands described in Schedule "A" which are required to provide a 100 metre wide buffer area along the west boundary of the Mountain Road Landfill. 2) That Council enact the by-law appearing on the aganda to-night which authorizes the City of Niagara Falls to apply for approval to expropriate the lands described in Schedule "A". ORDERED on the motion of Alderman Hendarshot, seconded by Alderman Janvary, that the report be received and adopted. The motion ~ with Alderman Craitor voting contrary to the motion and with all others voting in fayour. RATIFICATION OF COMMH~YEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the following action taken by Committee of the Whole earlier this evening, be approved. The purchase of property known municipally as Rear of 5824 Main Street; Vendor: Vincent D'Amico and Gerarda for the mount of $85,000.00 subject to the foliowing conditions: a) Successful application to CommitWe of Adjustment for a minor variance to vary the rear yard setback; b) City to use its' best efforts to resolve outstanding litigation between Dr. Elliott and the vendors regarding the right of way; c) Upon vendor obtaining any necessary partial discharges of mortgage. CD-92-a4 - Chief Administrative Officer - Re: Special Occasion Permit; Royal Canadian Legion Branch 51; August 15, 1992; Barbecue, Picnic and Horseshoes. 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. Carried Unanimously. CD-92-6S - Chief Administrative Officer - Re: Special Occasion Permit; C.U.P.E. Local 1317; Picnic Club Ira/is. 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. Carried Unanimously, $`92-30 - Chief Administrative Officer - Re: Appeals in Respect of Adults Only Video. The report recommends that Council confirm the actions of the City Solicitor in filing appeals in this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. 8-92-31 - Chief Administrative Officer - Re: Zoning By-law No. 90-296; D. DiCienzo, 7857 Niagara River Parkway. The report recommends for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. The motion Carri~ with Aldermen Fisher and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. $`92-32 - Chief Administrative Officer - Re: OK Gift Shop Ltd; 6683 Oakes Drive. The report recommends the following: 1) That OK Gift Shop be permitted to use a portion of Dunn SWeet in front of the proposed gift shop located at 6683 Oakes Drive for a driveway for deliveries, subject to OK Gift Shop Ltd. entering into a licance agreement and preparing a reference plan at its own expense. 2) That this mawr be dealt with through the Site Plan Process and the Owner be required to enter into a Site Plan Agreement. ORDERED on the motion of Alderman Cornmines' seconded by Alderman err, that the report be received and adopted. Carried Unanimously, $,9234 - Chief Administrative Officer - Re: Acquisition of 100 Metre Wide Buffer Area along Wast Boundary of the Mountain Road Landfill..The report recommends the following: 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: 92-155 A byqaw to authorize road reconstruction of Jepson Street from Palmer Avenue to St. Lawrence Avenue. 92-156 A by-law to temporarily close part of Jepson Street. 92-157 A by4aw to authorize the execution of an agreement with River Realty (1976) Inc. and others. 92-158 A by-lawto amend By4aw No. 79-200, as mended (AM-11/92; Marisa Subdivision Zoning). 92-159 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control. (AM-11/92, Marlea Subdivision; Site Plan Control) 92-160 A by-law to mend By4aw No. 79-200, as mended. (AM-8/92; Grant R. Sauder). 92-161 A by-law to authorize the execution of an agreement with Norjohn Limited for suffaco treatment of roads. 92-162 ' A by-law to authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. for underground services and road reconstruction on Jepson Street. 92-163 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Alex Avenue). 92-164 A by-law to mend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Oakea Drive). 92-165 A by-law to amend By-law No. 89-2000, being a by-law tQ regulate parking and traffic on City Roads (Parking) - 12 - 92-166 A by-law to authorize an Application for Approval to Expropriate land required for the Mountain Road Landfill Site. 92-167 A bHaw to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. 92-168 A by-law to mend By-law No. 79-200 (AM-2/92, Price Club). 92-169 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking - Mewbum Road). 92-170 A by-law to authorize monies for General Purposes (July 20, 1992). 92-171 A by-law to authorize monies for General Purposes (July 27, 1992). The motion C, arri~ with Alderman Craltor, abstaining from the vote on By-law Nos. 92-170 and 92-171, on conflicts of interest previously noted; Aldermen Cowan and Germane abstaining from the vote on By- law No. 92-171 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 92-155 A by-law to authorize road rec, onstructlon of Jepson Street from Palmer Avenue to Lawrence Avenue. 92-156 92-157 A by-law to temporarily close part of Jepson Street. A by-law to authorize the execution of an agreement with River Realty (1976) Inc. and others. 92-158 A by-law to mend By-law No. 79-200, as mended (AM-11/92; Marisa Subdivision Zoning). 92-159 92-160 92-161 A by-law to mend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control. (AM-11/92, Maria Subdivision; Site Plan Control) A by-law to amend By-law No. 79-200, as amended. (AM-8/92; Grant R. Saudar). A by-law to authorize the execution of an agreement with Norjohn Limited for surface treatment of roads. 92-162 92-163 92-164 92-165 92-166 92-167 92-168 A by-law to authorize the execution of an agreement with DeRose Bros. General Contra~ting Ltd. for underground services and road reconstrnetion on Jepson Street. A by-law to amend By-Jaw No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Alex Avenue). A by-law to mend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Oakes Drive). A by-law to mend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking) A by-law to authorL~e an Application for Approval to Expropriate land required for the Mountain Road Landfill Site. 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 mend By-law No. 79-200 (AM-2/92, Price Club). - 13 - 92-169 92-170 92-171 A by-law to mend Byqaw No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking - Mewburn Road). A by-law to authorize monies for General Purposes (July 20, 1992). A by-law to authorize monies for General Purposes (July 27, 1992). The motion Carri~ with Alderman Craitor, abstaining from By-law Nos. 92-170 and 92-171, on conflicts of interest previously noted; Aideamen Cowan and Germane abstaining from the vote on By-taw No. 92- 171 on conflicts of interest previously noted and with all others voting in layout. NEW BUSINESS Alderman Orr referred to the numerous posters that had been attached to all the light standards by the Falls Family Church regarding an upcoming event and requested that the posters be removed. The Director of Buildings and Inspections stated they would be removed. Oueen Street Benches Alderman Cummings referred to the condition of the benches along Queen Street. Congratulations Alderman Cummings congratulated Alderman Bruce Cowan on his recent appointment to the Humane Society. Alderman PuRick indicated that Council should have received proper notification regarding the appointment of Alderman Cowan to the Humane Society. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Handershot, that Alderman Paisley tanvary be appointed as the City's representative to the Humane Society. Carried Unanimously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, a' Pu cL/i MAYOR WAYNE THOMSON m Ill TWENTY-SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 August 10, 1992 Council met on Monday, August 10, 1992 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hendershot, who was on vacation, and Alderman Janvary, who was away due to a previous commitment, 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 ADOFrED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers August 10, 1992 Council met on Monday, August 10, 1992 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, with the exception of Alderman Hendershot, who was on vacation, and Alderman Janvary, who was away due to a previous commitment, were present. His Worship Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. CONFLICTS OF INTEREST Alderman Fisher declared a conflict of interest on Report PD-92-101, because she is the owner. Alderman Susin declared a conflict of interest on Report MW-92-199, and By-law 92-178, because his parents reside in the area. Alderman Germane declared a conflict of interest on Report PD-92-102, because her husband is employed by the engineering firm who performed work on the project. Alderman Craitor declared a conflict of interest on Cheque Nos. 79721 and 79841, because his wife is employed by the Region. REPORTS - PLANNING MATTERS PD-92-102 - Chief Administrative Officer - Re: Zoning by-law Amendment Application AM-16/92, Bambi North Extension; Proposed Plan of Subdivision 26T-92012. The report recommends the following: 1) That the Bambi North Extension Plan of Subdivision be approved as red line revised, shown on Appendix I, for single detached dwelling lots proposed on Streets "B" and "C" and semi-detached dwellings on the lots and Block 35 fronting on proposed Street "A" subject to the conditions attached as Appendix II 1o this report; 2) That Council support the R1E zoning for detached dwellings and the R2 zoning for semi-detached dwellings, but not support the R4 zoning for the apartment block; 3) That the zoning by-law be passed once dralt plan approval has been issued; -2- 4) That the Region and the applicant be so advised. -AND- Communication No. 200 - Mr. R. E. Willinms, 6162 Glen Drive. The communication expresses concerns regarding proposed housing development sites; cutting of trees; high density; depreciation of property values. Communlcaflon No. 201 - Regional Niagara, Planning and Development Department. The communication advises having no objection to the approval of the application. Communication No. 202 - Regional Public Works Department. The communication indicates as having no objections to the rezoning application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded on July 10, 1992 to all persons assessed as of land within 120 meters of the subject lands. His Worship Mayor Thomson received indication that Mr. Robert Martin, Engineer, 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-92-98; Background Information; City's Official p/an; Neighbourhood p/an; Subdivision Design; Nature of Zone Change; and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. Mr. Bob Willisins, 6165 Glen Drive expressed concerns regarding high density; additional traffic problems; increase in noise levels; cutting down of trees; the loss of privacy; upgrading of Montrose Road and depreciation of property values. Mr. Willtams submitted a petition from 116 residents within the immediate area of the proposed site objecting to any proposed changes in the by-laws. The City Solicitor responded to questions regarding property value depreciation. Mr. H. Evans, 6112 Montrose Road, questioned lot sizes and the widening of Montrnse Road. Mr. Robert Martin addressed concerns regarding traffic problems; parking; the cutting of trees and high density and referred to the present zoning as development holding. Mr. Martin requested that Council consider a proviso in the subdivision agreement indicating when lands east of the Q.E.W. are developed, that costs regarding Montrose Road could be recovered by the developer. was no Th Zht:f Und ':stur,: .o the Clty's best e,o. nndert ,ng hut ind,cated ere Mr. K. Rudolph, 6043 Montrose Road, referred to present traffic congestion and road allowances. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-16/92 closed. . - ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the application be denied. The motion was Defeated with Alderman Germane abstaining from the vote on a conflict of interest previously noted and with the following vote: AYE: Aldermen Cummings, Fisher and Puttick. NAYE: Aldermen Cowan, Craitor, err, Sherar Susin and Ward. Following some discussions regarding density, the Chief Administrative Officer advised that prior to considering passage of a zoning by-law, Council would have to pass a resolution indicating that no additional notice of public meeting would be necessary as the change in the application is in favour of lower density. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar that recommendations 1 through 4, in the Report, along with an additional recommendation requesting the Niagara Region to accelerate their studies on the arterial roadway aspect of Montrose Road, be received and adopted. The motion Carried with Alderman Germano abstaining from the vote on a conflict of interest previously noted and with the following vote: AYE: Aldermen Cowan, Craitor, Orr, Sherar, Susin and Ward. NAYE: Aldermen Cummings, Fisher and Puttick. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the communications be received and filed. Carried Unanimously. See Resolution No, 48. PD-92-101 - Chief Administrative Offleer - Re: Zoning By-law Amendment AM-17~92; Native Heritage Realty Ltd.; Heritage Village Subdivision. The report recommends the following: 1) That Council support the Zoning By-law amendment for the Heritage Village plan of subdivision as outlined in this report; 2) That the mending by-law include an increased front yard setback for the lots to be zoned R1C in order to maintain the established building line along Lyon's Creek Road; 3) That the amending by-law be enacted at a subsequent Council meeting; 4) That the block of land int he subdivision intended for townhouse dwelling units be made subject to site plan control. Communication No. 203 - Regional Niagara, Planning & Development. The communication indicates as having no objection to the approval of this application. Communication No. 204 - Regional Public Works Department. The communication indicates as having no objection to the change of zoning. His Worship Mayor Thomson declared the Public Meeting open and road the procedure to be followed under the Planning Act. The Director of PIning and Development advised that the Notice of ~e Public Meeting had been forwarded on 3uly 10, 1992 to all assessed owners of land wiffiin 120 meters of the subject lands. His Worship Mayor Thomson received indication that 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 PIning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-96; the City's Official Plan; Chippaws Community Secondary Plan; Nature of the Zone Changes; Site Plan Control and Comments from the Public Notification Process. -4- His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-17/92 closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the application be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the communications be received and filed. Carried Unanimously. ***** PD-92-100 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-18/92; Altieri Building Supplies, 4564 Montrose Road. The report recommends the following: 1) That Council support the application for Building Materials Sales as a permitted use on the land as special provision to the Light Industrial (LI) zone rather than General Industrial (GI) zoning. 2) That the amending zoning by-law be enacted at a subsequent meeting of Council; 3) That the applicant work jointly with Site Plan Technical Committee prior to enactment of the by-law to coordinate site improvements. -AND- Communication No. 205 - Robert Carr, 4563 Montrnse Road. The communication expresses concerns regarding dust problems created by a proposed gravel parking lot off Moatrose Road. Communication No. 206 - Deborah Bray, 4525 Moatrose Road. The communication addresses concerns regarding excessive noise levels in residential areas, Communication No. 207 - Regional Niagara Planning and Development Department. The communication advises as having no objections to the approval of the application. Communication No. 208 - Regional Public Works Department. The communication advises as having no objections to the rezoning application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded on July 10, 1992 to all assessed owners of land within 120 meters of the subject lands. His Worship Mayor Thomson received indication that Mr. Donate Colangelo, 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-92-94; the City's Official Plan; the Northwest Community Secondary Plan; Nature of the Zone Change; Site Analysis; Site Plan Review and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from ra s.pport of the app,calion. reco,v a pos,t,ve -5- Mr. Jeff Dunham, 4582 Lee Avenue, indicated he was in support of the application and having a building supply business in the area but requested to have input into the greenlag and landscaping aspects. The City Planner discussed the issue of site specifics, grecning areas, and additional uses to the property. Mrs. Deborah Bray, 4523 Montrose Road, indicated she was in favour of the site plan and indicated that the residents wish to be included in the site plan. Mr. D. Colangelo responded to concerns regarding provision of parking spaces; landscaping and discussed the site plan agreement. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-18/92 dosed. ORDERED on the motion of Alderman err, seconded by Alderman Puttick, that the application be received and adopted and further that the residents be asked to participate in the site plan process. Carried Unanimously. ORDERED on the motion of Alderman err, seconded by Alderman Puttick, that the communications be received and filed. Carried Unanimously. PD-92-99 - Chief Administrative Officer - Re: zoning By-law Amendment Application; AM-20/92, 722684 Ontario Ltd., 7000 McLeed Road. The report recommends the following: 1) That the application to establish a "do-it-yourself' brewery as a permitted use in the McLeod Plaza, located on the south side of MeLeod Road between Dorchester Road and Jubilee Drive, be approved; 2) That the mending by-law be prepared for enactment at a subsequent Council meeting. Communication No. 209 - Regional Niagara Planning and Development Department. The communication advises as having no objection to the approval of the application. Communication No. 210 - Regional Public Works Department. The communication advises as having no objections to the proposed brewery. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded on July 10, 1992 to all assessed owners of land within 120 meters of the subject lands. His Worship Mayor Thomson received indication that Mr. Duncan Cameron, 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 and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-92; Official Plan; Nature of the Zone Change; Impact; and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for eemmenta 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. Mr. Duncan Cameron provided information regarding the type of business to be located at the McLeod plaza. -6- Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-20/92 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr that the report be received and adopted. Carried Unanimously. , ' ro , i ena .i ZT;. ings. s onded hy Alderman Orr. that the communications REGULAR COUNCIL MATTERS ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the Minutes of the Regular Meeting of July 27, 1992 be adopted as printed. Carried Unanimously. DEPUTATIONS Projeet S.H.A.R,E. FIe Sandercock, President of the Board, Project S.H.A.R.E. presented the 1992 2nd Quarter Report .with the following information: Project S.H.A.R.E. sewed 9,522 clients who were homeless, hungry or m an emergency situation; 41% of those served were children under the age of 16 years; that 30?0 of the housing clients were homeless; that housing was secured for 96?0 of the clients who were homeless or at risk of becoming homeless; that the agency has served 1,107 more consumers in the first half of 1992 as compared to the first six months of 1991. During the discussions, it was indicated by Project S.H.A.R.E. staff that statistical information would be provided to Alderman Puttick as requested. His Worship Mayor Thomson thanked Mrs. Sandercock for her Presentation. Mr. Denis Hinchliffe, 9787 Nichols Lane, provided historical data regarding Niehol's Lane and expressed concerns regarding trees obstructing views of the railway line; the lack of proper signs being posted and lack of warning lights at the railway crossing. Mr. Hinchliffe referred to the inability of firetrucks and ambulances reaching residents in emergency situations if Nichols Lane was closed. Mr. Brian Norris, 9811 Nichols Lane, expressed concerns regarding garbage collection snow removal services if Nichols Lane was closed. Mr. Norris suggested the City look at raising the grade of road approaching the tracks. ' ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan that By-law No. 92-173 be brought forward. Cartied Unanimously. Following some discussions, the City Solicitor indicated that the City has no legal obligation to close Nichol's Lane, but that it had been the recommendation of the Coroner and the jury at the inquest ORDERED on the motion of Alderman Ward, seconded by Alderman CummingS, that the matter be referred to staff to investigate alternate solutions and further, that By-law No. 92-17,3 be deferred until that time. Carried Unanimously. -7- : ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that report B-92-52 t be brought forward. B-92-52 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Shopping Plaza East side of Montrose Road; North of Thorold Stone Road. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed shopping centre, and the Landscape Plan being drawing number AI-91691-LI, and the Grading plan being drawing number Al-91691-G2 and the Servicing Plan being drawing number Al-91691-G3 and the plan and profile being drawing number AI- 91691-P1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 21, 1992 and that such approval be subject to the conditions of the report. 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. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. DEPUTATION Pinetree Village Mobile Home Park His Worship Mayor Thomson referred to correspondence provided by Mr. Earle Blackadder, Solicitor to Mr. and Mrs. Giammattolo of Pinetree Village Mobile Home Park. The correspondence indicated that Mr. and Mrs. Giammattolo would provide four months free rent to each of the 16 tenants effeeted by the N.E.C. order, subsequent to Council passing a resolution supporting the Pinetree Village Application. The correspondence further advised there was no evidence that the land fill site is or has contaminated the Pinetree Village property or the water supply and that there was no basis for any lawsuit against the City. Mrs. Bernice Young expressed concerns regarding signing a release indicating the City is not responsible for well water contamination when the residents do not own the land; and requested that the City support the residents of Pinetree Village at the Niagara Escarpment Commission. The City Solicitor responded to questions respecting releases by Mr. Giammattolo and the residents of Pinetree Village Mobile Homes and indicated it would be satisfactory for Council to support the increase of units from 54 to 70 units. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the matter be deferred until such time that Mr. Blackadder and Mr. Giammattolo can appear before Council to deal with the issue. The motion Carried with Aldermen Cowan, Craitor and Germane voting contrary to the motion and with all others voting in favour. Basement Flooding Mr. Tim Lambert, 4216 Brookdale Drive, expressed concerns regarding the recent flooding of his basement; high water levels due the abundant amount of rainfall and requested that immediate action be taken. The Director of Municipal Works indicated that a report will be presented to the Municipal Works Committee at their next meeting and stated that a copy of the report will be made available to Mr. Lambert. -9 - COMMUNICATIONS Communication No. 211 - Ministry of Transportation. Re: Seatbelts on buses. The communication provides information regarding the use of seatbelts on school buses. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craltor, that the communication be received and filed and that a copy of the letter be forwarded to Mrs. Sharon Stephenson. Cart'led Unanimously. Communicallon No. 212 - ./can Chartst, Minister at the Environment. Re: Battle of Chippawn. The ORDERED on the motion of Alderman Shefar, seconded by Alderman Fisher, that the communication be received and filed. -C~LIJi~L~ Communication No. 213 - Niagara Falls, Canada Visitor & Convention Bureau - Re: Welcome and Information Cantres. The communication requests that Council investigate the possible of stricter controls on the licensing of information eentres; that the province be made aware of the numerous information centres that are not always operated with the b~t interest of the consumer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the communication be received and filed, and further that a resolution be forwarded to the Provincial government regarding the Stanley Avenue Information Centre extending their hours of operation during the summer season. Communication No. 214 - Ministry of the Environment. Re: Dral~ Environmental Bill of Rights. The communication requests comments on the proposed Environmental Bill of Rights. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the communication be referred to staff. ~ Communication No. 215 - Regional Niagara Public Works Department - Re: Water and Sewage Report. The communication provides information regarding water and sewage quantities by municipality for the months of May and June, 1992. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, be received and filed. ~ that the communication Communication No. 216 - Ministry of Transportation . Re: Revised Bicycle Policy. The communication provides information on the Ministry of Transportation's Revised Bicycle Policy. ORDERED on the motion of Alderman Cummings, seconded communication be received and filed. ~ by Alderman Fisher, that the Communication No. 217 ~ Ministry of the Environment. Re: Weedington Systems Inc. 's Application Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the matter be referred to staff for review. ~ Communication No. 218 - Petition from Residents of Northwood Subdivision. Re: Sidewalk at North wood Subdivision. The communication indicates that the residents are sidewalk from the Northwood Subdivision. in fayour of the deletion of - AND - Communication No. 219 - Douglas DeCoppel. Re: Sidewalks at the Northwood Subdivision. The communication expresses opposition to the deletion of sidewalks at Northwood Subdivision, Carried Unanimously, Communication No. 220 - Clerk's Form 37, Supplementary Statement - Re: Election Act Disclosures. The form provides information for the campaign period ending March 31, 1992. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. Communication No. 221 - W. Livingston, 6420 Delta Drive - Re: Indian Defence League of America Parade. The communication expresses concerns regarding a parade held on July 18, 1992 by the Indian Defenco League of America. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. REPORTS B-92-56 - Chief Administrative Officer - Re: Site Plan Approval; Proposed 54 Unit Condominium; 2634 St. Paul Avenue; AM-36/90. The report recommends that the Counci[ approve the site plan on display at tonight's meeting, being a proposed 54 unit condomlnium, and the Site Plan being drawing number 1, and the Site Servicing and Grading Plan being drawing number 2 and 2M and the Landscaping Plan being drawing number 3 and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 4, 1992 and that such approval be subject to the conditions of the report. ORDERED on the motion of alderman Ward, seconded by Alderman Cowan that the report be received and adopted. Carried Unanimously. B-92.-57 - Chief Administrative Officer - Re: The Buildings & Inspections Department; Report for July 1992. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and filed. Carried Unanimously. MW-92-199 - Chief Administrative Officer - Re: Contract 92-03; 1992 Hot Mix Asphalt Overlays. The report recommends that the unit prices submitted by the low tendefer, Northland Bitulithic Limited be accepted and that the by-law appearing on tonight's agenda be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. The motion C.arried with Alderman Susln abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. MW-92-168 - Magazine Recycling - that the report be received and adopted. MW-92-197 -Public Information Session for Sheldon Street - that the report be received and adopted; Alderman Cummings declared a conflict of interest on the Sheldon Street Report. Heritage Village Subdivision Correspondence - that the correspondence be referred to staff. Yokum/Crowland Ditching Update - that the update be referred to the Mayor's office. Pedestrian Barricades on Portage Road at Incline Railway - that the information be received and filed. Agreements for Recycling - that the information be received and filed. Speeding on McCrae and Stamford Streets - that this request be referred to Parking & Traffic Committee. Telephone Mannerism at Municipal Works Service Centre - that the information be received and filed, with Director of Municipal Works to check into the matter. ' 10 ' New Garbage Hck-up Procedure. that the information be referred to staff for further investlgation. Re-implement Previous "Pitch-In" Procedure - that the information be referred to staff for further investigation. Curb-Cut on Corner of Victoria & Morrison - that the information be received and filed. /WW-92-200. Potential Waste Disposal Contingency Options - that the report be received and adopted. i) That City Council receive and file this report; 2) That City Council authorize the Mayor, CAO and City Planners to meet with the Regional Councillors and staff to solicit their support of the City's new Official Plan, particularly the Rural Area Designation and Policies; 3) That City Council request the Ministry of Municipal Affairs to expedite the processing of the City's new Official Plan and resolve any outstanding objections so that the Plan can receive final approval. ORDERED on the motion of Alderman Cowan, seconded by Alderman err, that the report be received and adopted. ~s/X~t~sj~Rg~8~ PD-92-103. Chief Administrative Officer - Re: 1993 Ontario Professional Planners Conference. The report recommends the following: 1) That the Ontari~ Pr~fessi~nal P~anners fust~tute be advised that the C~un~~~ ~f the C~rp~rati~n ~f the City of Niagara Falls welcomes the selection of Niagara Falls as the host city for the 1993 OPPI conference; 2) That the City PIanning sta~ be auth~rized t~ participate in the ~rgan~zati~n ~f the conference t~gether with other municipal planners and consulting firm volunteers. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. HR-92-04. Chief Administrative Officer - Re: Boxing Day Holiday. The report recommends that City Council declare the Boxing Day paid holiday to be observed on Monday, December 28, 1992. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimonsly~ HR-92-11. Chief Administrative Officer - Re: United Way Incentive Program for Civic Employees. T~.e report recommends that Council approve two one-week vacations (5 days each) to be awarded to the winners of the City's 1992 United Way Incentive Program draws. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimouSly. R-92-19. Chief Administrative Officer - Re: Cemetery Site Selection. The report recommends that Council authorize staff to take appropriate steps to acquire by expropriation Priority A, Site Number 1 as identified later in this report (lob 17 and 24 adjacent to the Landfill Site, less the part of lands being expropriated for/andfill purposes) for a cemetery site. ORDERED on the motion of Alderman Off, seconded by Alderman Susin, that the report be received and adopted. Ca~tAJjliaj~ R-92-28 - Chief AdminlsWailve Officer - Re: Concession Agreement; Oakes Park; Greater Niagara Baseball Association Ladies Auxiliary. The report recommends that the by-law appearing later on this evening's agenda authorizing an agreement between the City of Niagara Falls and the Greeter Niagara Baseball Association Ladies Auxiliary be epproved. - 11 - ORDERED on the motion of Alderman 3usin, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. See B -law No. 92-176. R-92-29 - Chief Administrative Officer - Re: Sponsorship Agreement; York Food Services, Stamford, lack Bell and Niagara South Arenas. The report recommends that the by-law appearing later on this evening's agenda authorizing a five (5) year $10,000.00 sponsorship agreement with York Food Services for the exclusive rights to provide hot dogs and french fries at Stamford, Jack Bell and Niagara South Arenas 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. 92-177. ORDERED on the motion of Alderman Ward, seconded by Alderman Shetar, that approval be granted to proceed past 11 o'clock. Carried Unanimously. F-92-31 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $6,807,948.31 for the period ending August 3, 1992, and the accounts totalling $545,607.71 for the period ending August 10, 1992, be approved by the passing of the by-laws appearing later on the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. RATIFICATION OF FINANCE COMMITFEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the following actions taken by the Finance Committee earlier this evening, be approved. FC-92-24 - Statement of Taxes Receivable at July 31, 1992 - that Report FC-92-24 be received and filed. FC-92-25 - Appointment of City Auditors for the period 1992-1996 - to approve the appointment of Crawford, Smith & Swallow Chartered Accountants for the provision of audit services for the period 1992 through to and including 1996. The Ontario March of Dimes - Request for Donation - to receive and file the correspondence from the Ontario March of Dimes. Appointment to Audit Committee - that Mr. David McCalmont, Citizen Representative, be appointed to serve another term on the Audit Committee, · HR-92-12 - Employee Benefit Renewal - that Report HR-92-12 be tabled and that staff seek alternatives to decrease the cost of employee benefits and report back to the Finance Committee as soon as possible. Carried Unanimously, CD-92..66 - Chief Administrative Officer - Re: AM-43/89, restricted Area By-law 92-136; L6ts 85, 86, and 87, Plan 285; S.W. Comer of lopson Street. The report recommends that Council reaffirm its approval of By-law 92-136 in order that the Clerk may notify the Ontario Municipal Board of this at the same time as he forwards the By-law and letter of objection to the Board with the request for a Hearing. ORDERED on the motion of Alderman Cummings, seconded by Alderman 3harar, that the report be received and adopted. Carried Unanimously. .I - 12 - - 13 - CD-92-67 - Chief Administrative Officer - Re: AMO Ad Hoc Municipal Licensing Committee Discussion Paper #1. The report recommends that Council support the concept of lieenee fees being on a cost recovery basis and that staff be authorized to inform A.M.O. of Council's position. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be referred to staff for a modified recommendation regarding current licensing fees for Hawkers and Pedlars and Transient Traders. Carried Unanimously. CD-92-68 - Chief Administrative Officer - Re: Town of Fort Erie Resolution; Business Licensing Act. The report recommends the following: I) That Council support the resolution of the Town of Fort Erie, which requests the Minister of Municipal Affairs to initiate a Business Licensing Act. 2) That a copy of this report be forwarded to the Minister of Municipal Affairs; The Town of Fort Erie; Mrs. Margaret Harrington, M.P.P.; the Association of Municipal Clerks and Treasurers of Ontario' and the Association of Municipalities of Ontario. ' ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. CD-92-69 - Chief Administrative Officer - Re: Special Occasion Permit; Arts & Crafts Show - Kingsbridge Park, Chippawa. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMI'ITEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the following actions taken by Committee of the Whole earlier this evening, be approved. I) A by-law authorizing the execution of Options to Purchase certain properties on Queen Street. 2) Obtaining an Opinion of Value regarding property at 4762 Morrison Street. 3) Contribution towards advertising cost regarding the new Mint coin depicting Niagara Falls. The motion Carries with Alderman err, abstaining from the vote on Item #1 on a conflict of interest, because of the proximity of her residence; and voting contrary to Items 2 and 3 and with all others voting in fayour. RESOLUTIONS No. 46 - CUMMINGS - SHERAR - RESOLVED that a message of condolence be forwarded to Mr. & Mrs. Rick Gay, the parents of Julie Gay, whose untimely and tragic death is a loss to everyone. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 47 - FISHER - CUMMINGS - RESOLVED that a letter of sincere congratulations and best wishes be forwarded to Miss Ruth Redmond on the occasion of her 90th birthday. Miss Redmond is a highly respected and well-known citizen of Niagara Falls having provided many years of service in educating the youth of our City. AND the Seal of the Corporation be hereto affixed. 'Carried Unanimously. No. 48 - WARD - SHERAR - RESOLVED that this Council does determine, in accordance with Section 34 (17) of the Planning Act, RSO 1990, that the changes proposed to the Zoning By-law for Application AM-16/92, (The Bambi North Extension Subdivision, East side of Montrose Road, south of Lundy's Lane) for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. ,19 - CUMMINGS - SUSIN - THAT WHEREAS Tourism is important to the economy to the City of Niagara Falls and the Province of Ontario; AND WHEREAS the provision of accurate information to the travelling public is desirous; NOW THEREFORE BE IT RESOLVED that the Province of Ontario be requested to consider extending the hours of operation of their Tourist Information facility at the corner of Stanley and Highway 420 in the City of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. 50 - WARD - SHERAR - WHEREAS this Council does determine, that there is increased development to lands surrounding Montrose Road; and the Road's increased importance as a North-South connection in the Municipality; THEREFORE BE IT RESOLVED, that the Regional Municipality of Niagara be requested to accelerate the consideration of any studies which they presently have or are planning for in the future with respect to the arterial status of Montrose Road, particularly in the area of McLeed Road. AND the Seal of the Corporation be hereto affixed. Carried Unanimously, 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: 92-172 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. 92-173 Deferred. 92-174 A by-law to amend By-law Nos. 82-39; 83-42; 84-52; 85-35;86-34; 87-21; 88-43; 89-49; 90-37; 91-06 and 92-23, being by-laws for the collection of interim taxes in their respecting years and By-Law Nos. 82-119; 83-114; 84-129; 85-95; 86-110; 87-105; 88- 106; 89-131; 90-133; 91-124 and 92-106 being by-laws to provide for the collection of taxes in their respecting years. 92-175 A by-law to amend By-law No. 79-200, as amended (AM-12/92; PD-92-73). 92-176 A by-law to authorize the execution of a concession agreement with the Greater Niagara Baseball Association Ladies' Auxiliary respecting Oakes Park. 92'177 A by-law to authorize the execution of an agreement with York Food 3ervi,ce respecting a sponsorship agreement. 92-178 A by-law to authorize the execution of an agreement with Northland Bitulithic Limited. 92-179 A by-law to authorize monies for General Purposes (August 3, 1992). 92'180 A by-law to authorize monies for General Purposes (August 10, 1992). - 14- 92-181 A by-law to authorize the execution of Options to Purchase certain properties on Queen Street. The motion Carried with Alderman Susln abstaining from the vote on By-law No. 92-178, on a conflict of interest previously noted; and Alderman Craltor abstaining from the vote on By-law Nos. 92-179 and 92-180 on a conflict of interest previously noted and with all others voting in favour, ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by- laws be now reed a second and third time: 92-172 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. 92-173 92-174 Deferred. A by-law to amend By-law Nos. 82-39; 83-42; 84-52; 85-35;86-34; 87-21; 88-43; 89-49; 90-37; 91-06 and 92-23, being by-laws for the collection of interim taxes in their respecting years and By-Law Nos. 82-119; 83-114; 84-129; 85-95; 86-110; 87-105; 88- 106; 89-131; 90-133; 91-124 and 92-106 being by-laws to provide for the collection of taxes in their respecting years. 92-175 92-176 A by-law to amend By-law No. 79-200, as amended (AM-12/92; PD-92-73). A by-law to authorize the execution of a concession agreement with the Greater Niagara Baseball Association Ladies' Auxiliary respecting Oakes Park. 92-177 92-178 A by-law to authorize the execution of an agreement with York Food Service respecting a sponsorship agreement. A by-law to authorize the execution of an agreement with Northland Bitulithic Limited. 92-179 A by-law to authorize monies for General Purposes (August 3, 1992). 92-180 92-181 A by-law to authorize monies for General Purposes (August 10, 1992). A by-law to authorize the execution of Options to Purchase certain properties on Queen Street. The motion Carried with Alderman Susin abstaining from the vote on By-law No. 92-178, on a conflict of interest previously noted; and Alderman Craitor abstaining from the vote on By-law Nos. 92-179 and 92-180 on a conflict of interest previously noted and with all others voting in favour. NEW BUSINESS Letter of Condolence Alderman Cummings referred to the recent tragic deeth of Julie Gay, daughter of Mr. Rick Gay and requested that a message of condolence be forwarded to the family. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that a message of condolence be forwarded to Mr. & Mrs. Rick Gay. Carried Unanimously. Happy 90th Birthday Alderman Fisher extended an invitation to attend a special celebration on August 22, 1992, at the local library on the occasion of Miss Ruth Redmond's 90th birthday, a highly respected and well-known citizen of Niagara Falls who has provided many years of service in educating the youth of our City. - 15- Regional Government Alderman Puttick referred to correspondence regarding the disentanglement of Regional Government. Alderman PuRick indicated that he would be on an open talk show via telephone on radio station WNBU, New Hampshire, 9:00 a.m. - 9:30 a.m. on August 21, 1992. Tree Cutting Alderman Craitor referred to the tree cutting matter at Oldfield Road and advised that a meeting was scheduled for Friday, August 14, 1992. Hellcenters Alderman Germane stated she had received complaints from residents of the Rosedale Drive area expressing their concerns regarding low flying helicopters in the area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON ri ,I TWENTY-EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room ~ September 14, 1992 Council met on Monday, September 14, 1992 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cummings, who was away due to illness and Alderman Sherat, who was on vacation, were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers September 14, 1992 Council mot on Monday, September 14, 1992 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 away due to illness and Alderman Shetar, who was on vacation, were present. His Worship Mayor Thomson presided as Chairman. Alderman Fisher offered the Opening Prayer. CONFLICTS OF INTEREST Alderman Janvary declared conflicts of interest on the Municipal Works Committee report of August 10, 1992 Council meeting, Report No. MW-92-197, Public Information Session for Sheldon Street, because of the proximity of her residence; By-law Nos. 91-111; 92-183, 92-184, because her hnsband's property is involved; and Report No. F-92-32, Cheque No. 80021, because the recipient is her employer. Aideman Fisher declared conflicts of interest on Report No. MW-92-210, West Meadow Subdivision, because she has a business relationship; and Report F-92-32, Cheque Nos. 79963; 80161, because of her attendance at the AMO Conference; Cheque No. 80084, because she is the Chairman of the Chippaws Town Hall Committee; and Cheque No. 80215, because her daughter is employed by the company. Alderman Germane declared conflicts of interest on Report No. PD-92-114, because her husband is employed by the Engineering firm; and Report No. F-92-32, Cheque Nos. 79970 and 80189, because of her attendance at the AMO Conference. Aideman Hendershot declared conflicts of interest on Report No. F-92-32, Cheque Nos. 79978, 80165, because of his attendance at the AMO Conference; and Cheque No. 80021, because the recipient is his employer. Aideman Susin declared a conflict of interest on Report No. F-92-32, Cheque No. 79901, which is an ongoing Centre Street conflict. Alderman Cowan declared a conflict of interest on Report No. F-92-32, Cheque Nos. 80015; 80329 and 80501, because the recipient is his employer. -2- Aideman Ward declared a conflict of interest on Report No. CD-92-72, because he is a shareholder in the company. Alderman Craitor declared a conflict of interest on Report F-92-32, Cheque Nos. 80042; 80387; 80525; 80694, because his wife is employed by the Region. R~RTS - PLANNING MA'ITERS PD-92-114 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-21/92; Brockway Properties Ltd., Southeast comer ofThorold StoneRoad and Montrose Road. The report recommends the following: -3 - Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-21192 closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. The motion Carried with Alderman Germane, abstaining from the vote on a conflict of interest previously noted; and Alderman Craitor voting contrary to the motion, and with all others voting in favour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the communications be received and filed. Carried Unanimously. I. That Council support the application to change the zoning of the subject lands from AS (Automotive Service Station) to a modified LI (Light Industrial) zone: PD-92-109 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-22/92; Louie Buordolone; 7901 & 7913 Thorold Stone Road. The report recommends the following: 2. That the mending by-law include improved provisions for landscaping, lot coverage and the prohibition of outside storage consistent with the zoning of adjacent lands; 1. That Council support the proposed amendment to change the zoning of the subject lands from DS (Development Holding) to RID (Residential Single Family); 3. That storm sewers be extended and the costs involved in extending sidewalks along Montrose and Thorold Stone Roads be paid by the developer to the satisfaction of the Municipal Works Department; 4. That the development of the property be made subject to Site Plan Control to ensure proper coordination with the lands to the east; 2. That the amending by-law include a reduced maximum lot coverage provision of 35 percent and a provision requiring a minimum of 40 percent landscaped open space to be consistent with the zoning of adjacent lands; 3. That the amending by-law be enacted at a subsequent Council Meeting. 5. That the mending by-laws he enacted at a subsequent meeting of Council. -AND- Communication No, 222 - Regional Niagara, Planning & Development. The communication advises having no objection to the approval of the application. Communleation No. 223 - Niagara Peninsula Conservation Authority. The communication advises having no objection to the approval of the application. His Worship Mayor Thomson declared .the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded on August 14, 1992, to all persons assessed as of land within 120 meters of the subject property. His Worship Mayor Thomson received indication that Mr. 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 and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-105; Background Information; Official Plan; Nature of Zone Change; Site Plan Control; and comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Mr. Core, RIver Realty, indicated if the zoning would be similar to the zoning of adjacent properties, there would be no objection to the zoning by-law. Mr. Ken Conyou, discussed access limitations, servicing studies, parking and landscaping and referred to a five-year covenant respecting banks, credit unions and trust companies as a permitted use. -AND- Communication No. 224 - Regional Niagara, Planning & Development. The communication indicates as having no objection to the approval of this application. Communication No. 225 - Regional Public Works Department. The communication indicates as having no objection to the rezoning from Development Holding (DH) to Residential Single Family 1D Density (RID) zone. Communication No. 226 - Niagara Peninsula Conservation Authority. The communication advises having no objection to the approval of the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Piannlng and Development advised that the Notice of the Public Meeting had been forwarded on August 14, 1992 to all assessed owners of land within 120 meters of the subject lands. His Worship Mayor Thomson received indication that Mr. Louie Buordolone, was in attendance on behalf of the Tanazi family; 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-92-104; Background; Nature of the Zone Change; Impact; and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Some discussion was held with regard to increasing the main building area to a minimum of 2,000 square feet for each dwelling. -4- Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-22/92 closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the recommendation be amended to include that tha main building area be a minimum of 2,000 square feet for each dwelling. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the communications be received and filed. Carried Unanimously, PD-92-116 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-23/92; Ferdinando Muraca, 8240 McLeod Road. The report recommends the following: 1. That Council support the application to add a variety store and coffee shop as permitted uses on the lands by way of a special provision to the propeny's Light Industrial (LI) zoning; 2. That the mending by-law include a provision limiting each of these uses to a maximum floor area of 230 sq. m.; 3. That the lands be made subject to Site Plan Control to address the aesthetics of the site, the delineation of parking areas, driveways and manoeuvring aisles and the provision of land dedications; 4. That a site plan be prepared together with the amending zoning by-law for Council's consideration at a subsequem meeting. -AND- Communication No. 227 - Regional Niagara, Planning & Development. The communication indicates having no objection to the approval of this application. Communication No. 228 - Regional Public Works Department. The communication indicates as having no objection to the zoning Light Industrial (LI) being amended site specifically to add a variety store and a coffee shop as permitted uses. Communication No. 229 - Niagara Peninsula Conservation Authority. The communication advises having no objection to the approval of the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of PIning and Development advised that the Notice of the Public Meeting had been forwarded on August 14, 1992 to all assessed owners of land within 120 meters of the subject lands. His Worship Mayor Thomson received indication that Mr. Ferdinando Muraco, 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 addr~ses to the Clerk prior to !~avln$ 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-92-105; the City's Official Plan Perspective; Nature of the Zone Change; Site Analysis; Site Plan Control; and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the applicati?n, and received a negative response from persons opposed to the application. Mr. Ferdlnando Muraco indicated tha~ development is badly needed in the area and requested that Council support the application. -5- Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-23/92 closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the application be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the communications be received and filed. Carried Unanimously. PD-92-120 - Chief Administrative Officer - Re: Rental Housing Protection Act; Exemption Application, and Drat~ Plan of Condominium - 7001 Casey St., File CD-92-006. The report recommends that the applications for exemption under the Rental Housing Protection Act and Draft Plan of Condominium be approved, subject to the conditions enumerated in this report. -AND- Communication No. 230 - Regional Niagara, Planning and Development Department. The communication refers to Report DPD 181-92, and indicates that Regional Planning Services Committee supported the conversion and Plan of Condominium and that Regional Council concurred with the Committee's decision. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Rental Housing Protection Act. The City Clerk advised that the Notice of the Public Meeting had been given by prepaid, First Class mail and published in the Niagara Falls Review on August 7, 1992. His Worship Mayor Thomson received indication that Mr. Dante MarineIll 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 Rental Housing Protection Act Exemption Review; the Plan of Condominium review and the Agency Review in the report; and indicated that the application for exemption under the Rental Housing Protection Act and Draft Plan of Condominium be approved subject to the conditions enumerated in the report. His Worship Mayor Thomson received a positive 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. Ms. Miehelle German, 7001 Cnsey Street, Unit 15, stated she was representing the majority of the tenants who were in fayour of the proposed condominium, because it was an opportunity for the tenants to purchase the units; and that the necessary repairs and needed renovations would be performed to th~ building. Mr. Dante MarineIll indicated th~ applicant accepted all conditions and requested that Council approve the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application PD-92-120 closed. ORDERED on the motion of Alderman Germane, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Germane, seconded by Alderman Susin, that the communication be received and filed. Carried unanimously. '6- REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the Minutes of the Planning/Regular Meeting of August 10, 1992 be adopted as printed. Carried Unanimously. COMMUNICATIONS Communication No. 231 - Niagara Falls, Hydro Electric Commission - Re: Proclamation. The communication requests Council proclaim the week of September 20th to September 271h, 1992 as "Energy Saver Week" in Niagara Fails. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the request be received and adopted. Carried Unanimously, Communication No. 232 - City of Ottawa, Office of the Mayor - Re: "Raise the Flag Day". The communication provides information regarding proclaiming September 26, 1992 as "Raise the Flag Day". ORDERED on the motion of Alderman Ward, seconded by Aldennan Germane, that the matter be referred m the Civic Committee. Carried Unanimously. Communication No. 233 - City of Toronto, Department of the City Clerk - Re: North American Free Trade Agreemere. The communication requests Council to support the position taken by the Province of Ontario regarding the North American Free Trade Agreement; and to convey opposition to any Free Trade Agreement with Mexico and the U.S. as is being proposed to date. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Cowan, Craitor, Fisher, Germane, Hendershot, Janvary, and Ward. NAYE: Alderman err, Puttick and Susin. Communication No. 234 - Town of Fort Erie, C!erk's Office - Re: Pay Equity Legislation. The communication requests that Council support a resolution requesting the Provincial Government through the Honourable Floyd Langhren, to accelerate the allocation of pay equity funding to the applicable provincial ministries thus enabling these ministries to provide pay equity funding to local municipalities. It was moved by Alderman Ward, seconded by Alderman err, that the request be supported. The motion was Defeated with the following vote: AYE: Aldermen err, Puttick, Susin and Ward. NAYE: Aldermen Cowan, Craitor, Fisher, Germane, Hendershot, and Janvary. Following further discussion, it was ORDERED on the motion of Alderman Handershot, seconded by Alderman Craitor, that the communication be received and filed. The motion Carri~ with the following vote: AYE: Aldermen Cowan, Craitor, Fisher, Germane, Hendershot, and Janvary. NAYE: Aldermen On', Puttick, Susin and Ward. Communication No. 235 - The City of Stoney Creek - Re: Muhieulturaiism. The communication requests that Council support a resolution endorsing Canada's policy on Multiculturaiism and forwarding the resolution to the Unity Committee, the Prime Minister Brian Malroney, and the leaders of the Liberal and New Democrat Federal Parties. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the communication be received and filed. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in fayour. Communication No. 236 - United Way of Niagara Falls - Re: United Way Campaign Thermometer. The communication requests Council to permit the placement of an g foot by 4 foot, one-sided sign at "5 Comers" in from of Hakim Optical from September 30th to November ISth, 1992. ORDERED on the motion of Alderman Ward, seconded by Alderman Off, that the request be approved subject to established policy. Carried Unanimously. -7 ~ Communication No. 237 - City of Guelph, Office of the City Clerk - Re: Protection of Wildlife. The communication requests Council support a resolution regarding the protection of the wildlife community with respect to preparation work being done at development sites. It was moved by Alderman Hendershot, seconded by Alderman err, that the communication be received and filed. The motion was Defeated with the following vote: AYE: Aldermen Hendershot, err, and Susin. NAYE: Aldermen Cowan, Craitor, Fisher, Germane, Janvary, Puttick and Ward. Following further discussion on the motion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the request be supported. The motion Carried with the following vote: AYE: Aldermen Cowan, Craitor, Fisher, Germane, Janv~y, Puttick, and Ward. NAYE: Aldermen Hendershot, Orr, and Susin. Communication No. 238 - The Corporation of the City of Windsor - Re: Enhanced 911 Telephone Emergency System. The communication requests Council endorse a resolution regarding the need for a Province-wide enhanced 911 Telephone Emergency System. ORDERED on the motion of Alderman Orr, seconded by Alderman 8usin, that the matter be referred to staff for a further report, Carried Unanimously. Communication No. 239 - The Regional Municipality of Waterloo - Re: New Legislation for Beverage Containers. The communication requests Council endorse a resolution urging the Government of Ontario to promote the use of refillable containers and implement a refundable deposit program for non-re~llable beverage containers to encourage the recycling of them. ORDERED on the motion of Alderman err, seconded by Alderman Ward, that the request be received and adopted. Carried Unanimously. Communication No. 240 - National Prisoners of War Association (E.T.) of Canada - Re: Laying of wreath on the War Memorial. The communication requests Council permit the laying of a wreath on the War Memorial on Clifton Hill, on Saturday, October 10, 1992 at approximately 10:45 a.m., and further that two spaces at the cenotaph be marked "No Parking' for the use of buses. ORDERED on the motion of Alderman Germsno, seconded by Alderman Janvary, that the request be received and adopted. Carried Unanimously. Communication No. 241 - The Royal Canadian Legion - Re: Proclamation. The communication requests Council proclaim the weak of September 20th to 271h, 1992 as "Niagara Fails Royal Canadian Legion Week". ORDERED on the motion of Alderman Cowan, seconded by Alderman err, that the request be received and adopted subject to established policy. Carried Unanimously, REPORTS CD-92-70 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal Act; 3767 Portage Road. The report recommends that a refund of taxes amounting to $58.97 for 1989 and $65.12 for the year 1990 be made to Mr. & Mrs. David Bortolon. ORDERED on the motion of Alderman err, seconded by Alderman Handershot, that the report be received and adopted. Carded Unanimously. CD-92-71 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal Act; Royal Zinc Ltd. The report recommends that a refund of taxes amounting to $844.48 for 1990 be made to Royal Zinc Ltd. ORDERED on the motion of Alderman Orr, seconded by Alderman Headershot, that the report be received and adopted. Carried Unanimously. See By-law No. 92-178, CI)-92-72 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal Act; Niagara Distribution Services. The report recommends that a rebate of taxes amounting to $448.73 for 1989 and $550.71 for the year 1990 be made to Niagara Distribution Services. -8- ORDERED on the motion of Alderman err, seconded by Alderman Handershot, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. CD-92-73 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal Act; 594480 Ontario Ltd. The report recommands that a rebate of taxes amounting to $3,159.93 for 1990 be made to 594480 Ontario Ltd. ORDERED on the motion of Alderman err, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. CD-92-74 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal Act; Sentinel Real Estate, 4200 Queen Street. The report recommends that a rebate of taxes amounting to $5,406.17 for 1989 and $5,969.63 for the year 1990 be made to Sentinel Real Estate Limited. ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. B-92-59 - Chief Administrative Officer - Re: Plan 215, Lot 36 - O.H.R.P. Loan 2625000836 and Plan 181, Lot 20 - O.H.R.P. Loan 2625000837. The report recommends that Council approve the applications for the Ontario Home Renewal program, Loan No. 2625000836 and Loan 2625000837. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-92-61 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for August, 1992. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Craltor, seconded by Alderman Susin, that the report be received and filed. Carried Unanimously, B-92-52 - Chief Administrative Officer - Re: Residential Rehabilitation Assistance Program (R.R.A.P.) Ontario Home Renewal Program for Disabled (O.H.R.P.D.). The report recommends that the information to Council be received and filed. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and filed. Carried Unanimously. B-92-63 - Chld Administrative Officer - Re: Property Standards Order Young & Myung Chung; 4842 Valley Way. The report recommends that the Corporation retain a wrecking contractor to forthwith complete the work which Young Chung and Myung Chung were directed to carry out under the Order of the Property Standards Officer. ORDERED on the motion of Alderman err, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. B-92-64 - Chief Administrative Officer - Re: Property Standards Order Young & Myung Chung; 4842 Valley Way. The report recommends that the Corporation retain a wrecking contractor to forthwith complete the work which Young Chung and Myung Chung were directed to carry out under the Order of the Property Standards Officer. ORDERED on the motion of Alderman err, seconded by Alderman Puttick, that the report be reeelved and adopted. Carried Unanimously. B-92-55 - Chief Adminlstrative Officer - Re: Request for Office Space to accommodate Worker Advisor. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. MYV-92-202 - Chief Administrative Officer - Re: Man-A-Mile Relay Race; October 12, 1992. The report recommends that the Man-A-Mile Relay Race scheduled for Monday, October 12, 1992 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 ($1,000,000.00) 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 Fisher, that the report be received and adopted. Carried Unanimously. -9- MW-92-205 - Chief Administrative Officer - Re: By-law to authorize the reconstruction on Sheldon Sweet from Drummond Road to 56 roeIres west of St. James Avenue. The report recommends the following: 1) That Council hear any person who claims that his/her land will be prejudieially affected by the by-law appearing on tonight's ageada, to authorize the above works; 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 Thomson received a negative response to his request for comments from persons who will be prejudiclally affected by the by-law appearing on tonight's agenda to authorize the works as oufiined in the report. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and filed. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. $~ By-law No, 92-I~3 lVlYV-92-210 - Chief Administrative Officer - Re: Correspondence Regarding the Storm Outlet at the West Meadow Subdivision. The report recommends that this report be received and filed and that no action be taken on Ms. Jean Grandoni's request. Miss Jean Grandoni discussed the following concerns: water diversion; size of the watercourse; height of culvert, Wildlife Protection Act, future outlets to culvert at Kalar Road and questioned whether the required permits had been issued. Mr. AI Gore responded to Ms. Grandoni's concerns and stated all the necessary approvals and permits had been obtained. ORDERED on the motion of Alderman err, seconded by Alderman Germane that the report be received and filed. The motion Carried with Alderman Craitor voting contrary to the motion; and Alderman Fisher abstaining from the vote on a conflict of interest previously noted, and with all others voting in favour. M'~-92-211 - Chief Administrative Officer - Re: Contract 92-105; Road Reconstruction & Storm Sewer Separation on Sheldon Street. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Limited be accepted and that the by-law appearing on tonight's agenda be passed awarding this contract. ORDERED on the motion of Alderman Germane, seconded by Alderman err, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously noted, and with all others voting in fayour. See Resolution No. 55 MW-92-218 - Chief Administrative Officer - Re: Contract 92-109; Road Reconstruction, Storm Sewer, Sanitary Sewer & Watermain on Niagara Street. The report recommends the following: 1) That the by-law appearing on tonight's agenda ba passed, authorizing the temporary road closure of Niagara Street from Main Street to Callan Street, commencing on September 28, 1992 for a time period l!~ (to approximately October 30, 1992) to allow construction to progress expeditiously; 2) That the unit prices submitted by the low tenderer, V. Gibbons Contracting Limited be accepted and the contract awarded to this firm sub_te~t to the above temporary road closure being approved; - 10 - 3) That the contract award be subt~t to there being no valid objections and the resulting passage of the impending By-law, authorizing the construction of Niagara Street. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See Resolution No. 56 M'vV-92-219 - Chief Administrative Officer - Re: Contract 92-108; Sanitary Sewer Installations on Ann St., Douglas Cres., Douglas St., Warden Ave. Dorchester Rd. & Carlton Avenue. The report recommends the following that the unit prices submitted by the low tenderar, Duffin Contracting Limited, be accepted and that the by-law appearing on tonight's agenda be passed, awarding this contract. ORDERED on the motion of Alderman err, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 92-185 See Resolution No. 57 RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. MW-92-141 - Private Water Service Repair on McDougall Crescent - that Report MW-92-141 be received and filed for information and that the and that the City pay Mrs. Brooks the amount of $200.00 (the difference in costs incurred in the mount of$1,211.97 and the mount Mrs. Brooks' Insurer covered ($1,011.97). M'vV-92-208 - Waste Reduction Week - that Council declare September 27 to October 4, 1992 as Waste Reduction Week in Niagara Falls. M~V-92-209 - Household Hazardous Waste Days - that Report MW-92-209 be received and filed for information that November 14, 1992 be the next Household Hazardous Waste Day. lVIM/-92-213 - Recycling Agreements - that the Municipal Works Committee recommended to Council that the by-laws authorizing an agreement to establish the Niagara Municipal Recycling Board, and the collection and processing agreements with Niagara Recycling be approved and that Alderman Bruce Ward be appointed as a Board Member with Alderman Shirley Fisher as an Alternate Member, and L. Oates, the Director of Municipal Works, to serve on the Board's Review and Liaison Committee. MW-92-203 - Request to Delete Sidewalks in the Northwood $ubdlvision - that this matter be deferred until all landowners have had the opportunity to discuss the possible installation of curb-faced sidewalks or whether they can get 10095 in fayour of deletion of sidewalks and that this matter be dealt with as soon as possible. - Report MW-92-205 and By-law submitted to Council this evening; - Report MW-92-220, Public Information Session, Contract 92-109, Road Reconstruction, Storm Sewer, Sanitary Sewer and Watermain on Niagara Street - that the noted items be adopted as noted. MW-92-212 - Servicing of country Rose Estates - that 1) Mountable curbs be constructed on Jessie Court; and 2) that Thompson Road be allowed to remain in a semi-urban cross section without curb and gutters. - Costs for Scales and Scale House - that this matter be deferred and that Alderman Susin receive copies of Invoices regarding this matter. - 11 - PD-92-107 - Chief Administrative Officer - Re: Preparation of a Community Impact Agreement with Ontario Hydro for the Niagara Development Project Environmental Assessment. The report recommends the following: 1) That the City continue to negotiate with Ontario Hydro for a Community Impact Agreement that is satisfactory from the City's perspective; 2) That in the event an agreement cannot be satisfactorily concluded with Ontario Hydro, that the City of Niagara Falls authorize a request to the Minister of the Environment that a public hearing be held to consider in the undertaking of the Niagara River Hydro Development project as proposed by Ontario Hydro. That the request be filed during the upcoming public review period if the matters covered in this report are not ~nalized. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. PD-92-108 - Chief Administrative Officer - Re: Proposed Temporary Use By-Law Nashville North Concert Facility Part Twp. Lot 89, City of Thorold; Northwest corner of Highway//20 and Thorold Townline Road. The report recommends the following: 1) That Council receive this report for information purposes; 2) That the City make a request to be formally notified of the passing of the temporary use by-law; 3) That copies of this report be forwarded to concerned residents and interest groups. ORDERED on the motion of Alderman err, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. PD-92-111 - Chief Administrative Officer - Re: Amendments to the Willoughby and Crowland By-laws Interim Control By-law. The report recommends that Council reaffirm its position to process amendments to the Willoughby and Crowland By-laws as set out in this report and that staff be authorized to publish the necessary notices for a public hearing in October. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. PD-92-112 - Chief Administrative Officer - Re: Consultation Paper on Legislative Amendments to Allow One Apartment in a House. The report recommends the following: 1) That the City not support the proposed legislation as it does not allow the local municipality to establish development standards for accessory apartments; 2) That the City not support the addition of apartments in semi-detached and rowhouses (street townhouses) at this time; 3) That the Ministry be provided with a copy of this report. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the matter be referred to staff for a further report. Carried Unanimously. PD-92-113 - Chief Administrative Officer - Re: Expansion to Halfway Sand Pit and Corresponding Applications - Proposed Regional Niagara Policy Plan Amendment #73; NEC Development permit Application N/E 92-93/60; MNR License Application Under the Aggregate Resources Act. The report recommends the following: I) That Council support the approval of Regional Policy Plan Amendment #73; 2) That Council support the approval the Niagara Escarpment Commission Development Permit Application N/E92-93/60, as well as the Class B Ministry of Natural Resources License Application under the Aggregates Resources Act subject to the conditions specified in this report; 3) That a copy of the report be forwarded to the Regional Municipality of Niagara, the Ministry of Natural Resources, and the Niagara Escarpment Commission. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. - 12 - PD-92-115 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval Mount Carreel North Subdivision 26T-89009. The report recommends the following: 1) That a Council resolution supporting a one-year extension to the Mourn 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 the report and Council's decision be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. See Resolution No. 58 PD-92-117 - Chief Administrative Officer - Re: Regional Policy Plan Amendment No. 63; c/o Hynde Paul Associates (Marie Iafrate), St. Paul Avenue & Mountain Road, Part of Lots 16, 17, 24 & 25 former Township of Stamford, now City of Niagara Falls. The report recommends that the Regional Municipality of Niagara be advised that the Council of the City of Niagara Falls has no objection to Amendment No. 63 to the regional Policy Plan to permit the expansion of the urban area boundaries subject to the resolution of MOE concerns and the servicing conditions as outlined in the report. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously, F-92-32 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the following accounts be approved by the passing of the by-laws appearing later on the agenda, for the period ending August 17, 1992 for the amount of $730,101.48; for the period ending August 24, 1992 for the amount of $1,371,803.56; for the period ending August 31, 1992 for the amount of $1,623,927.91; for the period ending September 07, 1992 for the amount of $475,639.88; for the period ending September 14, 1992 for the amount of $433,227.43. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Janvary, Fisher, Germane, Hendershot, Susin and Cowan, abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 92-188 See By-law No. 92-189 See By-law No. 92-190 See By-law No. 92-191 See By-law No, 92-192 F-92-33 - Chief Administrative Officer - Re: Auto Attendant - Telephone System. The repor~ recommends that council approve the usage of the Auto Attendant feature of the telephone system effective February 1, 1993. ORDERED on the motion of Alderman Ward, seconded by Alderman Off, that the report be deferred until the system is more online. Carried Unanimously. CD-9bT$ - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Valley View Condominium"; Pile No.: 26-CD-92001(1); Owner: Lucia (]olangulo, In Trust. The report recommends that the City Clerk be authorized to process the Application for the Valley View Condominium, Subdivision and that a Report be prepared for Council's further consideration of the Plan based on technical information received, public input, etc. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously, CD-92-78 - Chief Administrative Officer - Re: AM-I 1/92, Restricted Area By-law 92-158; Niagara Gateland Development - Kalar Road. Tha report recommends that Council reaffirm its approval of By- law 92-158 in order that the Clerk may notify tha Ontario Board of this at the same time as he forwards the by-law and letters of obj~tion to the Board with the request for a Hearing. - 13 - Miss Jean Grandonl requested that the Report be tabled, until such time that she withdraws her objections. It was i--dicated by the City Clerk that the letters of objection would still be submitted to the Ontario Municipal Board and suggested that Miss Grandoni forward a letter to the Ontario Municipal Board withdrawing her objection. ORDERED on the motion of Alderman Cowan, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. CD-92-79 - Chief Administrative Officer - Re: AM-2/92, Restricted Area By-law 92-168; South West Comer of Mountain Road and Mewburn Road; QEW Mount Properties - Price Club. The report recommends that Council reaffirm its approval of By-law 92-168 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 Ward, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the following actions taken by Committee of the Whole earlier this evening, be approved. 1) That the motion be removed from the construction lien action regarding Ferro Structural Steel, 2) That the Solicitor be authorized to take legal action against R. Vahrmeyer to recover outstanding debt. 3) That the City Clerk be authorized to attend the World Gaming Congress and Expo from September 22nd to September 241h, 1992 in Las Vegas. The motion Carried with Alderman err, voting contrary to Item 3 and with all others voting in favour. RESOLUTIONS No. $1 - HENDERSHOT, FISHER - RESOLVED that the Council of the Corporation of the City of Niagara Falls petitions for an allocation of subsidy funds under the provisions of the Public Transportation and Highway Improvement Act for the year 1992 for transportation for physically disabled persons, in the amount of $13,913.00 (Capital); AND the Seal of the Corporation be hereto affixed. Carried UnanimoUsly, No. 52 - WARD, FISHER - WHEREAS the present sentences being handed down by the Courts for the offenses of communicating for the purpose of prostitution and keeping a common bawdy house, which do not appear to be acting as a sufficient deterrent; AND WHEREAS existing legislation allows the Courts to impose much stiffer sentences; NOW THEREFORE MAY IT BE RESOLVED that the Corporation of the City of Niagara Falls requests the Crown Attorney to actively seek the imposition of the maximum sentences for such crimes; AND THAT we request the Courts to seriously consider and to begin to impose the maximum sentences in all cases of convictions for these activities; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. $3 - HENDERSHOT, CRAITOR - WHEREAS the Solicitor General for the Province of Ontario is proposing to amend the Police Services Act with respect to the use of force by police officers in the performance of their duties; AND WHEREAS the proposed amendments to the Police Services Act may seriously restrict police officers in the performance of their duty; NOW THEREFORE BE IT RESOLVED that the City Council urge the Provincial Government to take steps to thoroughly review its recent policy proposals with groups such as the Ontario Police Association and the Ontario Chiefs of Police Association, who believe that the proposals require broader consultation and more public input from a wider variety of groups; AND FURTHER that the Solicitor General for Ontario be advised of City Council's concern; AND the Seal of the Corporation be hereto affixed. ~Xl~aAJJJJjl~ - 14 - No. S4 - CRAITOR, WARD - WHEREAS the Municipal Act contains provisions which allow municipalities to licence various forms of businesses within their jurisdiction; AND WHEREAS tattoo parlouts are not included as one of the types of businesses which a municipality may licence; AND WHEREAS it would be desirable and in the public interest for municipalities to be able to licence and control the establishment of tattoo parlours subject to standards set down by the municipalities; BE IT THEREFORE RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Minister of Municipal Affairs, the Hen. David Cooke, and the Province of Ontario to consider the introduction and the passage of legislation which would amend the Municipal Act to give municipalities the authority to licence tattoo parlouts as a business within their boundaries. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 5S - GERMANe, eRR - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited, for Contract//92-105 - Road Reconstruction & Storm Sewer Separation on Sheldon Street, at the tendered mount of $266,015.47, be accepted. AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Janvary, abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. - 15 - No. 62 - GERMANe, HENDERSHOT - RESOLVED that a get-well message be sent to former Council secretary, Jeanne Fry, who has recently undergone surgery. AND the Seal of the Corporation be hereto affixed. Carried Unanimously, B~LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that leave be granted to introduce By-law No. 92-85 and By-law No. 92-111, and the by-laws be read a third and final time: 92-85 A by-law to authorize the construction of certain works as local improvements under Section 12 of the Local Improvement Act. 92-111 A by-law to authorize the construction of certain works as local improvements under Section 12 of the Local Improvement Act. The motion Carried with Alderman Janvary abstaining from the vote on By-law No. 92-111, on a conflict of interest previously noted and with all others voting in fayour. No. 56 - WARD, HENDERSHO T - RESOLVED that the unit prices submitted by V. Gibbons Contracting Limited, for Contract ~)2-109 - Road Reconstruction, Storm Sewer, Sanitary Sewer & Watermain on Niagara Street, at the tendered mount of $367,152.69, be accepted. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 57 - eRR, FISHER - RESOLVED that the unit prices submitted by Duffin Contracting Limited, for Contract #92-108 - Sanitary Sewer Installations on Ann St., Douglas Cres., Douglas St., Warden Ave., Dorchester Rd., and Carlton Ave. at the tendered mount of $510,269.08, be accepted. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 58 - JANVARY, eRR - RESOLVED that the Council of the City of Niagara Falls supports a one- year extension of draft plan approval for the Mount Carmel North Subdivision (File No. 26T-89009) 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. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. S9 - WARD, HENDERSHOT - RESOLVED that a message of condolence be forwarded to the family of the late Frank Perry, a former employee of the Corporation of the City of Niagara Falls. AND the Seal of the Corporation be hereto affixed. · Carried Unanimously. No. 60 - JANVARY, HENDERSHOT - RESOLVED that a get-wall message be sent to Alderman Pat Cummings on his recent illness. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 61 - PU'I'rlCK, GERMANe - RESOLVED that a message of condolence be forwarded to the family of the late Jack Witherington, who was a respected member of the community. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that leave be granted to introduce the following by-laws, and the by-law be read a first time: 92-182 A by-law to mend By-law 79-200 (AM-20/92). 92-183 A by-law to authorize the reconstruction on Sheldon Street from Drummond Road to 56 metres west of St. James Avenue. 92=184 A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Ltd. for road reconstruction and storm sewer system on Sheldon Street. 92-185 A by-law to authorize the execution of an agreement with Duffin Contracting Inc. for sanitary sewer installations. 92-186 A by-law to authorize the execution of collection and Processing Agreements with Niagara Employment Agency Inc. 92-187 A by-law to authorize the execution of an agreement with The Corporation of the Town of Grimsby and others to establish the Niagara Municipal Recycling Board. 92-188 A by-law to authorize monies for General Purposes (August 17, 1992). 92-189 A by-law to authorize monies for General Purposes (August 24, 1992). 92-190 A by-law to authorize monies for General Purposes (August 31, 1992). 92-191 A by-law to authorize monies for General Purposes (September 07, 1992). 92-192 A by-law to authorize monies for General Purposes (September 14, 1992). The motion Carried with Alderman Janvary abstaining from the vote on By-law Nos. 92-183, 92-184 and 92-189 on conflicts of interest previously noted; Aldermen Fisher, Oermano, Hendershot, abstaining from the vote on By-law Nos. 92-188 and 92-189, abstaining from the vote on By-law No. 92-188, 92-189 on conflicts of interest previously noted; Alderman Susin abstaining from the vote on By-law No. 92-188; Alderman Cowan abstaining from the vote on a conflict of interest on By-law No. 92-188, 92-189 and 92-190; Alderman Craltor abstaining from the vote on by-law No, 92-188, 92-189, 92-190, 92-191 and 92-192 on conflicts of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: 92-182 A by-law to amend By-law 79-200 (AM-20/92). 92-183 A by-law to authorize the reconstruction on Sheldon Street from Drummond Road to 56 mettea west of St. Iames Avenue. 92-184 A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Ltd. for road reconstruction and storm sewer system on Sheldon Street. 92-185 A by-law to authorize the execution of an agreement with Duffin Contracting Inc. for sanitary sewer installations. 92-186 A by-law to authorize the execution of collection and Processing Agreements with Niagara Employment Agency Inc. 92-187 A by-law to authorize the execution of an agreement with The Corporation of the Town of Orimsby and others to establish the Niagara Municipal Recycling Board. 92-188 A by-law to authorize monies for General Purposes (August 17, 1992). 92-189 A by-law to authorize monies for General Purposes (August 24, 1992). 92-190 A by-law to authorize monies for General Purposes (August 31, 1992). 92-191 A by-law to authorize monies for General Purposes (September 07, 1992). 92-192 A by-law to authorize monies for General Purposes (September 14, 1992). The motion Carried with Alderman Janvary abstaining from the vote on By-law Nos. 92-183, 92-184 and 92-189 on conflicts of interest previously noted; Aldermen Fisher, Germane, Hendershot, abstaining from the vote on By-law Nos. 92-188 and 92-189, abstaining from the vote on By-law No. 92-188, 92-189 on conflicts of interest previously noted; Alderman 8usin abstaining from the vote on By-law No. 92-188; Alderman Cowan abstaining from the vote on a conflict of interest on By-law No. 92-188, 92-189 and 92-190; Alderman Craltor abstaining from the vote on by-law No. 92-188, 92-189, 92-190, 92-191 and 92-192 on conflicts of interest previously noted and with all others voting in fayour. NENV BUSINESS ~ Niagara Tourist Council Alderman Handershot referred to his attendance at the Niagara Tourist Council and that Niagara Air was requesting membership at the Council, Alderman Hendershot indicated he would be opposed to tha request. CAUSE Program Alderman Puttick presented an Award of Excellence, to the City of Niagara Falls on behalf of the Ontario Association of Architems, in recognition of the City's achievements and participation in the Community Assist for an Urban Study Effort (CAUSE) program. 100 Best Companies to Work for in Canada Conference · :,: Alderman Puttick provided information to the Chief Administrative'OffiCer regarding "The 100 Best Companies to Work for in Canada" conference and indicated that th~ CAO select a staff member to attend the conference. - 17 - AMO Convention Review Aldenan Puttick referred to the A.M.O. Convention Review by Committee. Alumni Hockey Cup Alderman Puttick referred to an invitation at Oakes Inn for the Alumni Hockey Cup Tournament. Terry Fox Run Alderman Janvary referred to the Terry Fox run which was being held on Sunday, September 20, 1992. Jumpin' Jack Three-On-Three Tournament Alderman Janvary provided information on the Jumpin' Jack Three-On-Three Tournament held between the City Council of Niagara Falls, Canada and the City Council of Niagara Falls, U.S.A., as part of the Niagara Falls Centennial Celebration on August 28, 1992 and indicated that there had been an article regarding the competition in the Buffalo News. Traffic Problems Alderman Craitor referred to a petition from the Charnwood Avenue residents expressing their concerns regarding the traffic problems they are experiencing in the area. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the matter be referred to the Parking and Traffic Committee. Carried Unanimously. Niagara River Public Advisory Committee ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan that a letter of appreciation be forwarded from the Mayor's office to Mr. Ian Brindle, Past Chairman of the Niagara River Public Advisory Committee for the Remedial Action Plan for the excellent work that he has done on the Committee. Carried Unanimously. Mayor's First Annual Picnic Mayor Thomson thanked everyone who had participated in the Mayor'a First Annual Picnic, on Sunday, September 13, 1992 and for making the day such a special one. ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, ............ MAYOR WAYNE THOMSON TWENTY-NINTH MEETING REGULAR COUNCIL MEETING Council Chambers September 21, 1992 Council met on Monday, September 21, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Puttick, who was away on vacation, were present. ~His Worship Mayor Thomson presided as Chairman. Alderman Cowan offered the Opening Prayer. CONFLICTS OF INTEREST Aideman Fisher declared a conflict of interest on Report No. F-92-34, Cheque No. 80870 - Wedgewood Homes and Cheque No. 80808 - Westmeadow Subdivision, because she has a business relationship. Aidemen Sherat and Cummings declared conflicts of interest on Report C-92-05, because their employer is involved in the project. Alderman Cummings declared a conflict of interest on Report No. CD-92-80, because he is a member of an organization that supports hinges. PRESENTATIONS Achievement Awards - Dance His Worship Mayor Thomson welcomed and presented awards to the students from Donna Mancuso's School of Dance, and to their Coach, Donna Mancuso, who had participated in the Summer Dance Festival in Pittsburg, Pennsylvania, and returned as National Champions. The two groups of dancers aged 5-7 and 16-18 advanced from the preliminaries held in Amhurst, New York to the Nationals in Pittsburg. The younger group won the National Championship with a prestigious mark of 293 out of 300, with a dance routine to the music of "These Boots are made for Walking". Colourlng Contest - Mayor's Picnic His Worship Mayor Thomson congratulated and presented awards to the winners of the Colouring Contest, Daniel Fortin, age 7-1/2, in the Under 8 category, and Derek Mills, age 9 in the Over 8 category. His Worship declared a 5-minute recess to provide an opportunity for persons in the gallery to leave Council Chambers. Following the recess, the members of Council reconvened for the balance of the Council meeting. -2- -3- DEPUTATIONS It was indicated that Mr. Swailes had advised he was would be unable to attend and no date was arrived at for a future appearance. Mr. Alan Cain, Pinetree Village resident, addressed Council on behalf of Mrs. Vera N. Smith and requested that Council support the application to Niagara Escarpment Commission by the residents of Pinetree Village to have the NEC Restoration Order rescinded. The Solicitor provided background information and referred to the conditions presented at the July 27, 1992 Council meeting, to be met by Mr. Giammattolo and the residents of Pinetree Village, and indicated that those conditions had been complied with. The Solicitor submitted a resolution whereby Council would support the residents' application m the Niagara Escarpment Commission to have the Restoration Order, requiring the sixteen mobile home units to be removed, rescinded; and that Council would support the owners of Pinetree Village Mobile Home Park in their application to the Niagara Escarpment Commission to expand the number of mobile home units from 54 to 70. It was moved by Alderman Craitor, seconded by Alderman Germane, that the proposed resolution be adopted. The motion Carri~ with Aldermen Cowan, Cummings and Ward, voting contrary to the motion and with all others voting in fayour. See Resolution No. 63. Storm Sewers and Open Ditches Mr. John S. Straub was in attendance wishing to express concerns regarding the storm sewers and open ditches at the northend of Dorchester Road near Mountain Road. Following some discussion, it was ORDERED on the motion of Alderman tanvary, seconded by Alderman Cowan, that the matter be referred to the Municipal Works Committee for a full report. Carried Unanimously. COMMUNICATIONS Communication No. 242 - Canadians for Positive Community Standards - Re: Harmful Effects of Pornography. The communication requests Council permit the viewing of a one hour video and presentation on the harmful effects of pornography. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. Communication No. 243 - Rich Judge, Director of Fire Prevention - Re: Proclamation. The communication requests that Council proclaim the week of October 6th through October 12th, 1992, as "Fire Prevention Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the request be approved subject to established policy. Carried Unanimously. REPORTS B-92-66 - Chief Administrative Officer - Re: Site Plan Approval; Proposed 25 Unit Retirement Townhouse Condominium, 3516 Main Street (Chippaws); AM-2/91; By-laws 92-07, 92-08. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed 25 unit townhouse complex, and the Site Plan being drawing number AI, and the site services and grading being drawing number S1-232-01 and filed with the Buildings and Inspections Department of the City of Niagara Falls on September 15, 1992 and that such approval be subject to the conditions of the report. ORDERED on the motion of Alderman Ward, seconded by Alderman (~armano, that the report be received and adopted. Carried Unanimously. MW-92-217 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Reports, August 12, 1992 Meeting. The report recommends the following: 1. MW-92-163, Cattell Drive at Lament Avenue, Ferguson Street at Terrace Avenue, and Ferguson Street at Broughton Avenue - All way Stop Review. That the All Way Stop Controls on Cattell Drive at Lament Avenue, Ferguson Street at Terrace Avenue and Ferguson Street at Broughton Avenue remain in place. 2. MW-92~195, Harriman St. at Fairway Road and Harriman St. at Wiltshire BIvd. All Way Stop Controls. That All Way Stop Controls be installed on Harriman Street at Fairway Road and Harriman Street and Wiltshire Boulevard for a 6-month trial period. 3. MW-92-194, Woodbridge Acres, Dorchester Gardens, Dorchester Park, Intersection Controls. It is recommended that a) a stop sign be installed on Jill Drive at Jubilee Drive (westbound direction); b) Yield signs be installed on i) Sunhaven Drive at Jubilee Drive (westbound direction), ii) Sunhaven Drive at Jill Drive (southbound direction), iii) Redhaven Crescent at Jubilee Drive (eastbound direction), iv) Redhaven Crescent (south int.) at Jubilee Drive (eastbound direction), v) Ronnie Crescent (north ira.) at Jubilee Drive (eastbound direction), vi) Ronnie Crescent (south int.) at Jubilee Drive (eastbound direction), vii) Valiant Street at Jubilee Drive (westbound direction), viii) Valiant Street at Jubilee Drive (northbound direction). ORDERED on the motion of Alderman Ward, seconded by Alderman Cruller, that the report be received and adopted. Carried Unanimously. MI~-92-224 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Reports, September 8, 1992 Meeting. The report recommends the following: 1. MW-92-196 - Burdette Drive Parking Restrictions. That the current parking restriction on the south side of Burdette Drive from house #6466 to Pettit Avenue be removed. 2. MV¢-92-206 - Vine Street Parking Restriction. That parking be restricted on both sides of Vine Street from a point 40 mettea west of Dayman Avenue to a point 144 mettea east of Dayman Avenue and on Dayman Avenue from Vine Street to a point 30 metres south from the periods: Monday through Friday 6:00 p.m. to 8:00 p.m. and Saturday and Sunday 8:00 a.m. to 1:00 p.m. 3. MW-92-204 - St. Clair Avenue at Morrison Street - All Way Stop Control Request. It is recommended that 1) All way stop controls not be installed at the intersection of St. Clair Avenue and Morrison Street; 2) that the existing stop signs on Morrison Street be replaced with larger stop signs G5 cmx 75 cm); 3) that the existing corner parking prohibitions be extended by an additional I0 m. 4. MW-92-201 - Ferguson Street Parking Prohibition. That parking be installed on the north side of Ferguson Street from Victoria Avenue to a point 20 metres east. 5. MW-92-207 - Preakness Street Traffic Operations Review. It is recommended that I) stop signs be installed at the intersections of: Preakness Street and Tara Avenue and Preakness Street and Southview Avenue; 2) that all way stop controls be installed at the intersection of Preakness Street and Post Road; 3) that the Niagara Regional Police be requested to carry out strict and frequent enforcement of the 50 lan/h speed limit on Preakness Street; 4) that a 50 km/h sign be installed just east of Meritrose Road for westbound traffic; 5) that a solid yellow centroline marking be applied on Preakness Street from Meritrose Road to Paddock Trail; 6) that staff report back to the Committee 3 months at%r the implementation of the above. 6. Traffic Operations Review - Stanley Avenue at Main Street. That Council endorse a recommendation to request the Region of Niagara to undertake a Traffic Operation Review at the intersection of Stanley Avenue and Main Street with respect to the information attached to this report. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 92-196, -4- -5- R-92-30 - Chief Administrative Officer - Re: Agreement with Vistas Advertising Company; Display of Advertising Signs in Municipal Parks. The report recommends that Council authorize staff to negotiate an agreement with Vistas Advertising Company for the display of advertising signs on approximately 20 to 25 baseball backstops located in Municipal Parks. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the report be deferred for further review. The motion Carried with Alderman Cummings voting contrary to the motion and with all others voting in favour. PD-92-123 - Chief Administrative Officer - Re: Gateway Design at Valley Way and Victoria Avenue. The recommends the following: 1) That Council endorse the auached Gateway Design; 2) That Chapman Murray Associates Architects Inc., be directed to proceed with detailed design drawings and tendering documents. ORDERED on the motion of Alderman Fisher, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. PD-92-124 - Chief Administrative Officer - Re: Revised Report; Apartments in Houses Consultation Paper on Legislative Amendments. The report recommends the following: 1) That the City indicate it is generally supportive of the proposed legislation, except for the concerns detailed in this report relating to the following: a) apartments should not be permitted as-of-right in semi- detached homes and rowhouses/townhouses; b) that municipalities should be able to determine development standards sensitive to local circumstances; 2) That this report be circulated to the Ministry of Housing and the Ministry of Municipal Affairs. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be deferred in order to provide Mr. Welsh an opportunity to work with staff towards the re-organization and improvement of the Navy League bingo operation. The motion (~arrie~ with Alderman Cummings abstaining from the vote on a conflict of interest, because he is a member of an organization that supports hinges and with all others voting in fayour. CD-92-81 - Chief Administrative Officer - Re: Third Party Location Exemption; Break-Open Tickets Nevada). The report recommends that Council not grant the exemptions to the Provincial Terms and Conditions for the sale of Break-Open Tickets in third party locations to St. George Serbian Orthodox Church and Community Living. The Lottery Licenee Inspector responded to questions regarding third party liability; discussed lack of third party responsibility for loss of or unaccountable funds; controls and restrictions to be placed on site. Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the sale of Break-Open Tickets in third party locations be granted to St. George Serbian Orthodox Church and to Community Living on a six month trial period for these sales pending new legislation. Carried Unanimously, CD-92-82 - Chief Administrative Officer - Re: Special Occasion Permit; Canada Customs "Project Return"; Annual International Law Enforcement Baseball 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 Sherat, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. F-92-34 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $824,960.29 for the period ending September 21, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque No. 80788 and Cheque No. 80817. ORDERED on the motion of Alderman Headershot, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Aldermen Cummings and err voting contrary to Cheque No. 80881 and with all others voting in fayour. CD-92-77 - Chief Administrative Officer - Re: Termination of Communication Back-up System with City of Thorold. The report re, commends that Council pass the by-law appearing on this evening's agenda terminating a Communications Back-up agreement with the City of Thorold. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendarshot, that the report be received and adopted. Carried Unanimously. See By-law No. 92-193. CD-92-80 - Chief Administrative Officer - Re: Suspension of Bingo Licenee; Navy League of Canada Niagara Falls Branch. The report recommends that Council suspend the bingo licenee of the 'Navy League of Canada Niagara Falls Branch for three months commencing October 1, 1992. Mr. Terry Welsh of the Navy League of Canada, Niagara Falls Branch addressed Council on behalf of the organization and stated he had not been made aware of the situation. Mr. Welsh indicated that the monies received from bingus are the primary source of revenue for the. Navy League and if this source was eliminated, it would put the Navy League in jeopardy. CD-92-83 - Chief Administrative Officer - Re: Council Schedule. The report recommends that Council pass this by-law appearing later on this evening's agenda, which deletes October 26, 1992 as a Council Meeting date. - AND - Information received by the Chief Administrative Officer regarding what is included in the Unity Agreement for Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in fayour. See By-law No. 92-194, S-92-37 - Chief Administrative Officer - Re: The Establishment of Certain Land as a Public Highway Woodgate Street; File No. 91-B3-038. The report recommends that the by-law included on this evening's agenda, for the establishment of Block E on registered Plan N.S. 9 as a public highway, Woodgate Street, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimously. See By-law No. 92-19~5, C-92-05 - Chief Administrative Offleer - Re: Ontario Hydro Niagara River Hydroelectric Development Project. The report recommends that the Town of Niagara-on-the-Lake, the City of Niagara Falls and the Regional Municipality of Niagara agree to co-ordinate their efforts and negotiations in developing separate Community Impact Agreements between each of the partners and Ontario Hydro to ensure that the construction and operation of the generating station project will be carried out in the public interest and in the interest of the general health, safety and welfare of the inhabitants of the Town, City and the Region. -6- -7 - ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report be received and adopted. The motion Called with Aldermen Cummings and Sherat, abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the expenditure of funds in the amount of $40,000 for the Festival of Lights, as discussed in Committee, earlier this evening, be approved. Carried Unanimously. R-92-19 - Chief Administrative Officer - Re: Acquisition of Part of Township Lots & and 14 (Adjacent to Mountain Road Landfill) Part 1 on Plan 59R-8160, for New Municipal Cemetery. The report recommends the following: 1) That Council authorize the expropriation of the lands described in Schedule "A" (the "lands") for the purpose of a municipal cemetery. 2) That Council enact the attached By-law which authorizes the Corporation of the City of Niagara Falls to apply for approval to expropriate the Lands. - AND - Application for Approval to Expropriate Land (100m buffer strip) Application for Approval to Expropriate Land (municipal cemetery) - AND - Notice of Application for Approval to Expropriate Land (loom buffer strip) Notice of Application for Approval to Expropriate Land (municipal cemetery) ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in favour. See By-law No. 92-200. RESOLUTIONS NO. 63 - CRAITOR, GERMANe - RESOLVED that Council supports the application to the Niagara Escarpment Commission, by the residents of the sixteen affected mobile home units in Pinetree Village, to have the Restoration Order dated October 1 lth, 1991 requiring the said sixteen mobile home units to be removed, rescinded; AND FURTHER THAT Council supports the owners of Pinetree Village Mobile Home Park in their application to the Niagara Escarpment Commissio~ to expand the number of mobile home units from 54 to 70. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 64 - HENDERSHOT, COWAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby endorses, and fully supports, the Private Member's Bill C-361 put forth to The House of Commons, by Rob Nicholson, local Member of Parliament, such Bill being an Act respecting the air space over Niagara Falls, which, in effect proposes to prohibit low-level flights in the vicinity of Niagara Falls except as provided for in a permit; AND FURTHER that Mr. Nicholson be so informed of the endorsement of the City Council; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 0007 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-law be read a first time: 92-193 A by-law to authorize an agreement with the City of Thorold terminating the emergency back-up communications system for fire protection purposes. 92-194 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. 92-195 A by-law to establish a one foot reserve as a public highway. 92-196 A by-law to amend By-law 89-2000, being a by-law to regulate parking and traffic on City Roads (Vine St./Burdette Drive). 92-197 A by-law to authorize monies for General Purposes (September 21, 1992). 92-198 A by-law to temporarily close part of Niagara Street. 92-199 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. for road reconstruction, storm sewer, sanitary sewer and watermain on Niagara Street. 92-2OO A by-law to authorize an application for Approval to Expropriate land required for a municipal cemetery. The motion Carried with Alderman Fisher, abstaining from the vote on By-law No. 92-197, on a conflict of interest previously noted; Aldermen Cummings and err, voting contrary to By-law No. 92-197; and Alderman Craitor voting contrary to By-law No. 92-194 and By-law No. 92-200, and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the following by- laws be now read a second and third time: 92-193 A by-law to authorize an agreement with the City of Thorold terminating the emergency back-up communications system for fire protection purposes. 92-194 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. 92-195 A by-law to establish a one foot reserve as a public highway. 92-196 A by-law to amend By-law 89-2000, being a by-law to regulate parking and traffic on City Roads (Vine St./Burdette Drive). 92-197 A by-law to authorize monies for General Purposes (September 21, 1992). 92-198 A by-law to temporarily close part of Niagara Street. 92-199 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. for road reconstruction, storm sewer, sanitary sewer and watermain on Niagara Street. 92-2OO A by-law to authorize an application for Approval to Expropriate land required for a municipal cemetery. The motion Carried with Alderman Fisher, abstaining from the vote on By-law No. 92-197, on a conflict of interest previously noted; Aldermen Cummings and err, voting contrary to By-law No. 92-197; and Alderman Ctaitor voting contrary to By-law No. 92-194 and By-law 92-200, and with all others voting in favour. -8- -9- NEW BUSINESS Niagara Regional Tourist Council Alderman Hendershot advised of his opposition to Niagara Air gaining membership to the Niagara Regional Tourist Council. 1993 World University Games Alderman Hendershot informed that he had extended an invitation to Mr. Bill Corgel and Mr. Rudi Rainer, from Buffalo to address Council at an upcoming meeting regarding the 1993 World University Games and the economic spinoffs to Niagara Falls. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the meeting be adjourned. Carried Unanimously, READ AND ADOPTED, ............ :...:... MAYOR WAYNE THOMSON Niagara Falls Thunder Opening Game Alderman Cummings referred to the upcoming opening game of the Niagara Falls Thunder on Thursday, September 24, 1992 and requested Council to attend and give their support. YWCA Alderman Ward discussed the Grand Opening and Ribbon Cutting Ceremony of the New Fitness Centre at the Family YMCA of Niagara Falls, on Saturday, October 3, 1992 at 12:30 p.m. Niagara Falls Airport Commission Alderman Cowan advised that he had supported Council's views at the Niagara Falls Airport Commission in opposing Niagara Air's request for concession and expansion at the Niagara Falls Airport. His Worship Mayor Thomson requested that Council endorse and give it's moral support to Rob Nicholson's Private Member Bill. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that a resolution endorsing Rob Nicholson's Private Member's Bill to reduce amount of air traffic congestion over Niagara Falls. Carried Unanimously, Alderman Cummings stated that a letter from the Chief Administrative Officer be forwarded to the Airport Commission expressing Councirs concerns regarding helicopters and Niagara Air and of the lack of support regarding those conceres from the Airport Commission, of which the City is a major funding body. Letter of Condolence Alderman Sherar requested that a letter of condolence be forwarded to the family of the late Gordon Melbum Murchie, a community-minded resident, who was involved in the Boy Scout movement. City of Welland Resolution ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that Council endorse a resolution from the City of Welland regarding the recent criminal acts of several young offenders in Toronto and resulting in the senseless killing of Carfie Lynn Pinard and the wounding of Cheryl Racine, and requesting that the Government of Canada and the Prime Minister, the Right Honourable Brlan Mulroney and the Minister of Justice, the Honourable Kim Campbell to amend The Young Offenders Act to effectively curb and suitable punish crimes of young offenders. Carried Unanimously. THIRTIETH MEETING COMMITTEE OF THE WHOLE Committee Room #2 September 28, 1992 Council met on Monday, September 28, 1992 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 Alderman Cummings, who was away due to illness, were present. Alderman Susin presided as Chairman. Following consideration of fie items presented, the Committee of the Whole arose to report in open session. MAYOR WAYNE THOMSON REGULAR COUNCIL MATTERS Council Chambers September 28, 1992 Council met on Monday, September 28, 1992 at 7:30 p .m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Puttick, who was on vacation, and Alderman Cummings, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Sherar offered the Opening Prayer. ADOPTION OF MINUTES Alderman Craitor requested that the minutes of the Regular Meeting of September 21, 1992, be amended to indicate he had voted contrary to the motion on By-law No. 92-194. ORDERED on the motion of Alderman err, seconded by Alderman Craitor, that the minutes of the Regular Meeting held September 21, 1992 be adopted as amended, and the minutes of the Planning Meeting held September 14, 1992, be adopted as printed. Carried Unanimously.~ CONFLICTS OF INTEREST Alderman Cowan declared a conflict of interest on Report F-92-35, Cheque No. 80972, because he has a pecuniary interest. Alderman Susin declared a conflict of interest on Report F-92-35, Cheque No. 80896, which is an ongoing Centre Street conflict. Alderman Craitor declared conflicts of interest on Report F-92-35, Cheque No. 81005, because he is a member of the Board, and Cheque No. 81025, because his wife is employed by the Region. Alderman Sherar declared a conflict of interest on the Deputation respecting Moveteeh Inc. because his employer was involved in the impact assessment study; and declared a conflict of interest on Warren Creek. -2- DEPUTATIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, respecting the Deputation from Margaret Harrington, M.P.P. be brought forward. Carried Unanimously. His Worship Mayor Thomson introduced Margaret Harrington who expressed appreciation for the opportunity to address Council and discussed the following matters of concern: Jobs Ontario Training Fund; Destreaming of Grade 9; Economic Restrucmring; Relocation of the Ministry of Tourism and Recreation; High Energy Rates; Mountain Road Landfill Site; and the Constitutional Referendum. Mrs. Harrington responded to questions regarding the Landfill Emergency Certificate; Casino Gambling and Border Communities; and Market Value Assessment. Alderman Ward thanked Mrs. Harrington, on behalf of the Niagara Falls Family YMCA, for her assistance and support of a $22,783.00 grant. Some discussion was held regarding improvements to Sandplant Hill and the Q.E.W.; the L.C.B.O. employee layoffs; and reference was made to the Game and Fishcries Act; Canadian vs American Trucking Industry. His Worship Mayor Thomson thanked Margaret Herrington for attending Council. PRESENTATIONS His Worship Mayor Thomson congratulated and presented a token of appreciation, on behalf of the City, to Ida Reed, in recognition of her many years of volunteer tutoring services with the Niagara Falls Literacy Council. His Worship Mayor Thomson congratulated and presented a token of appreciation to Doug Sauer, in recognition of his volunteer services to the Niagara Falls Minor Hockey Association and the Atom Hockey Tournament, His Worship Mayor Thomson congratulated and presented a token of appreciation, on behalf of the City, to Brian Child, in recognition of an act of courage. It was indicated by Fire Chief Dave Kemp that a car had caught fire behind the gasoline truck that Mr. Child was unloading and with Mr. Child's quick action in extinguishing the fire, he had averted what could have be~n a major explosion in the area. DEPUTATION MOVETECH INC. The Director of Economic Development introduced Mr. William Forllppa, President of Movetech Inc., who provided a brief overview of the company's plans for a tire, recycling facility on the Echlin property on Victoria Avenue, end discussed the various stages of the recycling process.. Mr. Forlippa introduced Mr. Mike Jacobs, Acres International, who provided information on an impact assessment study that had been conducted on the proposed tire recycling facility and responded to questions regarding background noise levels; fire risks and truck traffic. Mr. William Areadie, of Bredcrick, MarineIll, Amadio, Sullivan & Rose, was in attendance on behalf of the residents, and questioned whether a tire facility was wanted in the neighbourhood; and indicated this type of facility should be located in a general industrial ares; and referred to the impa~t on the neighbouring land uses. -3- Mr. Rick Harris, expressed concerns regarding environmental, safety and health hazards, fire hazards; increased truck traffic, odours and toxic gases that would be emitted from the plant. Mr. Harris stated if the City endorsed such a proposal, there would be a possibility of lawsuits by the residents, if an accident occurred. The City Solicitor indicated that the proposed operation would be a permitted use, as defined in the zoning by-law, and if the Ministry of the Environment provided a Certificate of Approval, the City would not be liable. Richard DeForest, 4075 Dyson Avenue, expressed concerns regarding the destruction of tires in order to recycle; truck traffic and noise. Norman Searle, 4148 Victoria Avenue, stated he was in favour of the facility as it would create some jobs. Joan Howarson, 4544 Victoria Avenue, expressed concern regarding truck vibrations, and indicated that the area is saturated with noise and pollution. Mr. Forlippa provided information on the heating process; truck traffic and odour levels. Mr. Forlippa indicated the company was prepared to enter into a written agreement with the City indicating the facility would operate noise, vibration and emission free and if the agreement was not met, the City could close the facility down. Gabe Mallouk, indicated the matter had been discussed at the Economic Development Agency meeting and that his recommendation had been for the project to be situated in the Industrial Park area. Following some discussion, it was ORDERED on the motion of Alderman err, seconded by Aldermen Cowan, that subject to an itemized contract being drawn up, the City would support this type of industry to the Ministry of Environment. The motion was Defeate~ with the following vote: AYE: Aldermen Cowan, Janvary, err and Ward. NAYE: Aldermen Craitor,Fisher, Germane, Hendershot and Susin. -AND- Communication No. 244 - AI MacBain, Barrister and Solicitor. The communication provides information regarding the acquisition of the Echlin property by Movetech Inc. *AND- Communication No. 245 - William A. Areadie, Bredcrick, MarineIll, Amadio, Sullivan & Rose. The communication requests an opportunity to address Council on behalf of two neighbouring land owners. Communication No. 246 - Niagara Falls Economic Development Agency. The communication requests provides information and an overview of Movetech Inc. proposed operations, at 4097 Victoria Avenue. Communication No. 247 - Miss Joan Howatson, 4544 Victoria Avenue. The communication expresses concerns regarding the proposed installation of Movetech Inc. plant on Victoria Avenue. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the communications be received and filed. Carried Unanimously. COMMUNICATIONS Communication No. 248a) - The Canadian Red Cross Society, Niagara Falls Branch. The communication requests Council proclaim the week of October 18th to 251h, 1992 as "Blood Donor Appreciation Week" in Niagara Falls and further requiting that a street banner be placed across Stanley Avenue during that week. -4- Communication No. 248b) - Lupus Foundation of Ontario. The communication requests that Council proclaim the month of October as "Lupus Awareness Month ". Communication No. 248c) - Family and Children's Services Niagara (FACS)..The communication requests that Council proclaim the week of October 5th to 1 lth, 1992 as "National Family Week in the Niagara Region". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that requests 248a),b) and c) be approved subject to established policy. Carried Unanimously, Communication No. 249 - Regional Niagara Planning and Development Department. The communication provides information regarding the revised population forecasts for Niagara - 1991-2016; Report DPD 165-92. ORDERED on the motion of Alderman Sherat, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously, Communication No. 250a) - Trees Are Us Limited, Liza Fare. The communication provides a petition on behalf of concerned citizens for the recommendations of the Tree Bylaws Act. - AND - Communication No. 250b) - Trees Are Us Limited, Liza Fare. The communication expresses concerns regarding the preservation of trees and requests an opportunity to make a presentation to tha Planning Services Committee on October 7, 1992. ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that communications 250a) and 250b) be received and filed. Carried Unanimously. Communication No. 251 - Grandtimers, Lucille Hilston. The communication expresses concerns regarding the City of Niagara Falls Municipal Float in the Wine & Grape Festival Parade on September 26, 1992. ORDERED on the motion of Alderman Germane, seconded by Alderman err, that the communication be received and filed. Carried Unanimously, REPORTS MW-92-228 - Chief Administrative Officer - Re: By-law to Authorize Road Reconstruction on Niagara Street from Main Street to Callan Street. 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 noted works; 2) That subject to there being no valid objections, that the By-law appearing on tonight's agenda be passed by Council. His Worship Mayor Thomson received a negative response to his request for a show of hands by persons who were opposed to the proposed works. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 92-201. MW-92-230 - Chief Administrative Officer - Re: Royal Canadian Legion; Branch 51 - Parade, Sunday, October 4, 1992. The report recommends that the Branch 51, Royal Canadian Legion Parade scheduled for Sunday, October 4, 1992 be approved subject to the provision of police escort.. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously, M~V-92-231 - Chief Administrative Officer - Re: Contract 92-107; Watermain Installation on Sinnicks Avenue from Vine Street to Mayfair Drive. The report recommends that the unit prices submitted by the low tandeter, Wentworth Lincoln Landscaping Limited, be accepted and that the by-law appearing on tonight's agenda be passed awarding this contract. -5- ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the report be received and adopted. See By-law No. 92-203, RATIFICATION OF MUNICIPAL WORKS COMMI'I'fEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. - Presentation by Proctor & Redfern - that the report prepared by Proctor & Redfern Limited on the "Kalar Road Pumping Station" be received and filed for the information and that this report be referred to staff. it was also noted that when this matter was discussed by this Committee again in the future, that all interested parties receive invitations to attend. MW-92-232 - Sidewalks in the Northwood Subdivision - that the sidewalks in the Northwood Subdivision be constructed as curb-faced sidewalks. MW-92-234 - Garner Road Master Drainage Plan - that the City proceed with the preparation of the Terms of Reference to carry out a Stormwater Master Drainage Plan for the Garner Road Neighbouthood. Alderman Ed Sherar noted a Conflict of Interest respecting this matter. MW-92-221 -Muller Industrial Park Dorchester & Oldfield Roads, Revised Draft Conditions - that the Draft Conditions included in Report MW-92-221 be revised and that all of the conditions be forwarded to the Region. Alderman Germane expressed a conflict of interest respecting this matter. Carried UnanimoUSly, R-92-31 - Alderman Gary Hendershot - Re: Ontario Winter Games. The report recommends that Council pass the attached resolution indicating its support and financial contribution of up to $100,000 to host the 1995 Ontario Winter Games, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See Resolution No. 66, R-92-32 - Chief Administrative Officer - Re: Contract of Interment Rights and Certificate of Interment Rights. The report recommends that Council pass the by-law appearing on tonight's agenda to authorize the Contract of Interment Rights and the Certificate of Interment Rights as required by the new Cemetery Act of 1992; and further that Council authorize the Superintendent of Cemeteries or his designate to have signing authority for the Contract of Interment Rights and the Certificate of Interment Rights. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. Se B -I w 2-2 2 PD-92-125 - Environmental Planning & Greenlng Committee - Re: Action Resulting from the Environmental Planning & Grecning Committee on September 16, 1992. The report recommends that Council approve the various actions resulting from the September 16, 1992 meeting of the Environmental Planning & Grecning Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. F-92-35 - Chief Administrative Officer - Re: Municipal Accounts, The report recommends that the accounts totalling $2,101,641.73 for the period ending September 28, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque No. 80967. -6- - 7 - ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the report be received and adopted. The motion Carried with Aldermen Cowan, Craitor, and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No, 92-204 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Fisher, seconded by Alderman Sherar, that the following actions taken by the Finance Committee earlier this evening, be approved. FC-92-28 - City of Niagara Falls Banking Services - that staff recommendations be accepted and that the banking services for the City of Niagara Falls be awarded to the Bank of Nova Scotia for the period October 1, 1992 to September 30, 1995, renewable for a further period from October 1, 1995 to September 30, 1998. FC-92-27 - Tax Balances at August 31, 1992 - that Report FC-92-27 be received and filed. FC-92-29 - Purchase o Aviion Mini Computer - to approve the purchase of an Aviion 4605 mini computer in the amount of $55,900 from lnfo 2000 Inc. as provided for in the 1992 Current Budget. FC-92-30 - Statement of Revenue and Expenditures for the eight months ended August 31, 1992 - that Report FC-92-30 be received and filed. Carried Unanimously. S-92-38 - Chief Administrative Officer - Re: Ontario Municipal Board Hearing; Walker Brothers Quarries - Expansion; File No. 91-E1-097. The report recommends that this report be received for information only. ORDERED on the motion of Alderman Cowan, seconded by Alderman Germane, that the report be received and filed. Carried Unanimously. RATIFICATION OF COMMITFEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman err, seconded by Alderman Susin, that the following action taken by Committee of the Whole earlier this evening, be appruved. S-92-40 - That the City Solicitor be authorized to commence legal action against C.A. Dunnett & Sons Limited, c.o.b. Niagara Farms Market to recover the outstanding 1992 business taxes for the businesses located at 4635 Queen Street and 5640 Ferry Street, Niagara Falls, totalling $15,882.67 and to take all necessary steps in this regard. Carried Unanimously. RESOLUTIONS No. 6S - SUSIN, COWAN - RESOLVED that the unit prices submitted by Wentworth Lincoln Landscaping Limited, for Contract/192-107 - Watermain Installation on Sinnicks Avenue from Vine Street to Mayfair Drive, for the tendered amount of $128,136.45, be accepted. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 66 - HENDERSHOT, COWAN - RESOLVED that WHEREAS the Council of the City of Niagara Falls has established a Committee represented by the Recreation Commission, the Visitor and Convention Bureau, City Staff, and Members of Council to prepare a formal bid to host the 1995 Ontario Winter Games; AND WHEREAS support from over 35 community organizations has been received expressing an interest in assisting in such an evere; and several prominent citizens have come forward to volunteer their efforts in the organization of the Games; AND WHEREAS the City of Niagara Fails, in its unique capacity as a hosting municipality to many and varied functions, is desirous of being granted the opportunity to host the 1995 Ontario Winter Games, and offers assurance of the willingness of its citizens to offer their hospitality and expertise during this special event; NOW THEREFORE the Council of the City of Niagara Falls hereby requests the Ministry of Tourism and Recreation to consider favourably the application of this City to host the 1995 Ontario Winter Games; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl . No. 67 - HENDERSHOT, JANVARy - RESOLVED that a message of condolence be forwarded to the family of the late George Seibel, the City's official historian, well-known author and highly respected citizen of the community; AND the Seal of the Corporation be hereto affixed. Carr~ No. 68 - eRR, SHERAR - RESOLVED that a message of condolence be forwarded to the family of the late Jeanne Fry, former secretary to City Council. AND the Seal of the Corporation be hereto affixed. BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-law be read a first time: 92-201 A by-law to authorize road reconstruction of Niagara Street from Main Street to Callan Street. 92-202 A by-law to authorize the execution of contracts of interment rights and certificates of interment rights. 92-203 A by-law to authorize the execution of an agreement with Wentworth-Lincoln Landscaping Ltd, for watermain installations, 92-204 A by-law to authorize monies for General Purposes (September 28, 1992). The motion Carri~ with Aldermen Cowan, Craitor and Susin abstaining from the vote on By-law No. 92-204, on conflicts of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 92-201 A by-law to authorize road reconstruction of Niagara Street from Main Street to Callan Street. 92-202 A by-law to authorize the execution of contracts of interment rights and certificates of interment rights. 92-203 A by-law to authorize the execution of an agreement with. Wentworth-Lincoln Landscaping Ltd. for watermain installations. 92-204 A by-law to authorize monies for General Purposes (September 28, 1992). -8- The motion Carried with Aldermen Cowan, Craitor and Susin abstaining from the vote on By-law No. 92-204, on conflicts of interest previously noted and with all others voting in fayour. NEW BUSINESS Get Well Wishes Alderman Hendershot wished Alderman Pat Cummings a speedy recovery on his recent illness. Crimson Park Alderman Hendershot discussed the roads and sidewalks of Crimson Park and inquired whether the City has any control over contractors doing clean up work, The Director of Municipal Works responded positively and indicated that matter would be discussed with the Parks and Recreation Department, School Board Meeting, Alderman Sherar referred to the Mayor's invitation to meet with the Director of Education, Niagara South Board of Education on October 28, 1992 and indicated that he would be pleased to attend the meetings if necessary. His Worship Mayor Thomson requested comments and questions that could be discussed at the meeting. Alderman Sherat suggested that the two Boards could be combined. Region-Wide Market Value Assessment His Worship Mayor Thomson provided information and an update on the Special Regional Council meeting regarding Region-wide Market Value Assessment and requested that Council endorse the continuation to have a market value reassessmant on a Regional basis through phasing-in. The Mayor stated that the matter of withholding funds had been explored and indicated if the City does not comply Council could be held legally responsible as individuals for payment of funds. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that Council endorse continuation to have Market Value Reassessment on a Regional basis, by way of phasing in. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON THIRTY-FIRST MEETING COMMITFEE OF THE WHOLE Committee Room #2 October 5, 1992 Council met on Monday, October 5, 1992 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cummings, who was away due to illness, 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 ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MATrERS Council Chambers October 5, 1992 Council met on Monday, October 5, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Cummings, who was away due to illness, and Alderman Cowan, who was called away on business, were present. His Worship Mayor Thomson presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Shetar, seconded by Alderman Hendershot, that the minutes of the meeting held on September 28, 1992 be adopted as printed. Carried UnanimousIv CONFLICTS OF INTEREST Aidemen Hendershot and Janvary declared conflicts of interest on Report F-92-36, Cheque No. 81067, because the recipient is their employer. Alderman Craltor declared a conflict of interest on Report F-92-36, Cheque Nos. 81190 and 81191, because his wife is employed by the Region. COMMUNICATION Communication No. 252 (HANDOUT) - Canadian Lacrosse Association, Ontario Lacrosse - Re: 125th celebration of Lacroase. The communication requests Council's endorsement and financial support of the Canadian Lacrosse Association and the Ontario Lacrosse Association, in the amount of $I,000.00 for the avent to be held the week of November 15th to 21st, 1992. Following some discussion it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. -2- -3- REPORTS B-92-68 - Chief Administrative Officer - Re: Ministry of Tourism and Recreation; Closing of Huron Street. The report recommends that staff be authorized to commence procedures for the closing of Huron Street between Ontario Avenue and Erie Avenue. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion C~rri~d with Alderman err declaring a conflict of interest because of the close proximity of her residence and with all others voting in favour. R-92-30 - Chief Administrative Off~cer - Re: Display of Advertising in Municipal Parks. The report recommends that Council authorize staff to negotiate a one year agreement with Vistas Advertising Company for the display of advertising signs on approximately 20 to 30 baseball backstops located in Municipal Parks. The Director of Parks and Recreation indicated that local advertisers would be contacted prior to proceeding and that the matter would be brought back to Council. ORDERED on the motion of Alderman Craitor, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. R-92-34 - Chief Administrative Officer - Re: Recreation Commission Appointments. The report recommends that Council appoint two members with terms expiring December 31, 1993 to the Recreation Commission to fill the vacancies created by the resignation of two members. Following a vote by secret ballot, it was determined that Darryl Hudson and Keith Patterson, were appointed to the Recreation Commission, with terms expiring December 31, 1993. Helicopter Issue Prior to dealing with further reports, His Worship Mayor Thomson discussed the recent helicopter tragedy that had occurred on September 291h and responded to correspondence received from Executive Helicopter Services Inc. His Worship Mayor Thomson indicated that Council would have an opportunity to debate the matter at the next Council meeting on October 19, 1992 when individuals will be presenting petitions objecting to the helicopter activities in the area. Following funher discussions, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that Council endorse the letter forwarded to Executive Helicopter Services Inc. supporting the Mayor's position regarding helicopter activity. Carried Unanimously. F-92-36 - Chief Admlnistratlve Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $12,761,075.78 for the period ending October 5, 1992 be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque No. 81103. ORDERED on the motion of Alderman Hendarshot, seconded by Alderman err, that the report be received and adopted. The motion Carried with Aldermen Craltor, Janvary and Hendershot abstain!rig from the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 92-207. F-92-37 - Chief Administrative Officer - Re: Fall Debenture Issue. The report recommends that Council pass the Resolution appearing on this evening's agenda requesting The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as set out in the attached schedule. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously, See Resolution No. 71. CD-92-84 - Chief Administrative Officer - Re: Disposal of the Alliston Avenue Unopened Road Allowance. The report recommends the following: 1. That Council authorize staff to proceed with the closing and conveyance of the Alliston Avenue unopened road allowance, located north of Fredcrica Street, to the two abutting land owners, Mr. & Mrs. G. DeGuili, 6365 Frederica Street, and Mr. & Mrs. J. Minhinnick, 6343 Frederica Street; That the conveyance be made at the Market Value price of the road allowance, as established by Appraisal, which defines its value (if it is divided equally between the two abutting land owners), as $8,833.33 to Mr. & Mrs. Degiuli, and $5,500.00 to Mr. & Mrs. Minhinnick. In addition to the payment of the appraised values, any and all of the City's out-of-pocket expenses, including advertisements, etc. must be paid, as well as the cost of the Appraisal Report, and the cost of the necessary Reference Plan. Following some discussion it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the matter be referred to staff for further information. Carried Unanimously, CD-92-85 - Chief Administrative Offleer - Re: World Gaming Congress and Expo. The report recommends that this report be received and filed for information purposes. ORDERED on the motion of Alderman Susin, seconded by Alderman Germane, that the report be received and filed. Carried Unanimously. CD-92-86-ChiefAdministrativeOffieer-Re: Additional Appointment to Civic Committee. Thereport recommends that Council pass the By-law appearing on this evening's Agenda concerning the above matter. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that Alderman Kim Craitor be appointed to the Civic Committee. Carried Unanimously. S-92-39 - Chief Administrative Officer - Re: Closing and Conveyance of Walkway (46-1); Between Jubilee Drive and Venus Crescent. The report recommends that Council authorize staff to proceed with the closing and conveyance of the walkway between Jubilee Drive and Venus Crescent shown on Registered Plan N.S. 37 and to pass the By-law on this evening's agenda to assume the said walkway. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Sharar, seconded by Alderman err, that the following action taken by the Municipal Works Committee earlier this evening, be approved. MW-92-237 - W-5-2 Improvements - that the City proceed with the preparation of Terms of Reference to carry out watercourse improvements on the W-5-2 creek from Q.E.W. to Kalar Road. MW-92-238 - Recycling of HDPE Plastic Bottles & Jugs - that H.D.P.E. plastic bottles and jugs be added to the Recycling Program in Niagara Falls as soon as two additional recycling trucks are purchased, and subject to approval to continue landfilling at the Mountain Road Landfill site. Carried UnanimO~81y -4- -5- RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman err, seconded by Alderman Sherat, that the following action taken by Committee of the Whole earlier this evening, be approved. 1. To instruct the City Solicitor to take appropriate legal action with respect to the Regional and Educational Tax Apportionments; 2. To endorse the Residential Waste Collection Routing Review; To retain Sun Life Assurance Company of Canada, provider of employee benefits for the City of Niagara Falls, as the benefit carrier for the period of September 1, 1992 to August 31, 1993; and to retain Seaboard Life, provider of Accidental Death and Dismemberment benefits, as benefit carrier for the period of September 1, 1992 to August 31, 1993. The motion Carried with Aldermen Janvary and Hendershot abstaining from the vote on conflicts of interest regarding Item No. 1 because the School Board is their employer; Alderman Germane abstaining from the vote on Item No. 1 because a member of her family is employed by the School Board; and Alderman Janvary abstaining from the vote on Item No. 3 on a conflict of interest because a family member is involved; Alderman Puttick voting contrary to Item No. 3 and with all others voting in favour. RESOLUTIONS No. 69 - HENDERSHOT, FISHER - RESOLVED that WHEREAS, the Council of the Corporation of the City of Niagara Falls supports the efforts of the Green Ribbon Task Force; AND WHEREAS, the tragic loss of Kristen French has touched all communities in Niagara; NOW THEREFORE, the Council of the Corporation of the City of Niagara Falls hereby supports the organization conducting the Kristen French Green Ribbon Camare Cruise on Saturday, October 17, 1992 which will travel through the City of Niagara Falls utilizing that part of the Niagara Parkway from Morningstar Road, north along the Parkway to the City's northern limit in Queenston; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls gives consent to the Green Ribbon Cnmaro Cruise for Kristen French, to travel through that portion of the City of Niagara Falls along the Niagara River Parkway; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 70 - WARD, HENDERSHOT - RESOLVED that WHEREAS, the'Council of the Corporation of the City of Niagara Falls has passed By-law No. 92-168; AND WHEREAS, this By-law has been supported by City Council and Council endorses the development of the site for the Price Club; AND WHEREAS an appeal to the above By-law has been submiRed and forwarded to the Ontario Municipal Board; AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it to be expedient to bring this matter forward, as quickly as possible. NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls requests the Ontario Municipal Board to hear the appeal launched on By-law No. 92-168 at the earliest possible date, as to bring this matter to an early conclusion. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 71 - WARD, 8HERAR - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and mounts 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: AUTHORIZING BY-LAW NUMBER O.M.B. NUMBER FINANCING RETIREMENT REOUEST TERM 89-275 E891234 $ 260,000 10 Years 89-277 E891232 $ 270,000 10 Years 90-318 E901536 $ 180,000 10 Years 88-259 E881553 $ 300,000 10 Years 89-310 E891398 $ 200,000 I0 Years 90-254 E901276 25[~Q.,.Q~ 10 Years $1,460,000 AND the Seal of the Corporation be hereto affixed. Carri.__._ffi_~ Unanimous2. BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-law be read a first time: 92-205 A by-law to amend By-law No. 91-287, providing for appointments to certain Boards, Commissions and Committees. 92-206 A by-law to assume a public walkway in Registered Plan N.S. 37. 92-207 A by-law to authorize the payment of $12,761,075.78 for General Purposes. (October 5, 1992). The motion Carried with Aldermen Craitor, Janvary and Hendershot abstaining from the vote on By-law No. 92-207 on conflicts of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Sherar, seconded by Alderman Fisher, that the following by- laws be now read a second and third time: 92-205 A by-law to amend By-law No. 91-287, providing for appointments to certain Boards, Conunissions and Conuniuees. 92-206 A by-law to assume a public walkway in Registered Plan N.S. 37. 92-207 A by-law to authorize the payment of $12,761,075.78 for General Purposes. (October 5, 1992). The motion Carried with Aldermen Craitor, Janvary and Hendershot abstaining from the vote on By-law No. 92-207 on conflicts of interest previously noted and with all others voting in fayour. NEW BUSINESS Green Ribbon Camare Cruise His Worship Mayor Thomson referred to a request from the Green Ribbon Camare Cruise for Kristen French seeking approval to permit the use of those streets along the Niagara River Parkway between Morningstar Road north to the city's limit at Queenston to travel through that portion of the City of Niagara Falls. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the request be approved. Carried Unanimously. See Resolution No. 69. -6- Recycling Council of Ontario Conference His Worship referred to correspondence from Niagara Recycling regarding a proposal for the City of Niagara Falls to host the 16th Annual Recycling Council of Ontario Conference in October of 1995 and provided material to Alderman Puttick regarding the matter. Letters of Condolence ORDERED on the motion of Alderman Orr, seconded by Alderman Germane, that a letter of condolence be sent to the family of the late Carmen Maneuse, who had passed away on the weekend. Carried Unanimously. ORDERED on the motion of Alderman Sherar, seconded by Alderman Germane, that a letter of condolence be sent to th6 family of the late Peter Antonio. Carried Unanimously. Regional Niaoara - Road Reconstruction Dorchester Road The Deputy City Clerk indicated that Regional Niagara was advising of the undertaking of road rehabilitation works along Dorchester Road between Thorold Stone Road and Morrison, commencing on Tuesday, October 6, 1992 between 12:00 a.m. and 6:00 a.m. ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that the correspondence be received and filed for information. Carried Unanimously. Railway CrossinK Repairs Alderman Ward discussed the matter of railway crossing repairs at Marineland Parkway. His Worship Mayor Thomson stated that Mr. Kernahan at the Region had assured that the matter was being considered but the delay seemed to be with the railroad. His Worship Mayor Thomson indicated that a resolution be forwarded to the Region requesting that the matter be expedited as soon as possible. Further information was requested by Alderman Shetar from the Director of Municipal Works regarding the railway crossings on Dorchester Road. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that a resolution be sent to the Regi~n requesting the matter ~frai~way cr~ssing repairs be dea~t with as s~~n as p~ssib~e. Carried Unanimously. It was noted by Alderman Ward that cheques issued to the railroad company should be withheld until the matter has been dealt with. Movetech Tire Recycling Plant Alderman Ward referred to Council's decision regarding Movetech's proposed tire recycling plant and stated that it was the opinion of the City Solicitor that because the motion to endorse the Movetech application was lost, there was no motion passed or report adopted, as contemplated by the procedural by-law, and suggested that Council did not have to ask for a reeonsideration. Alderman Ward presented a resolution requesting that a meeting be held on the site of the former Echlin building, to tour the facility with members of Council, the proponents of Movetech and the public. ' The following concerns were expressed: lack of time to review technical information provided and the unfamiliar process and procedure. It was indicated that a more concise and informative engineering report might be provided to Council. - 7 - ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that members of Council, meet with the proponents of Movetech and the public on site of the former Echlin building, to tour the facility and become more familiarized with the proposed operation and to convene in a special meeting, for a full discussion. The motion Carried with Alderman Sherar abstaining from the vote on a conflict of interest, because his employer is involved and with all others voting in fayour. Junior B Minor Hockey Alderman Craitor stated that as the City's representative on the Board of Directors of the Niagara Falls Minor Hockey, he wished to thank His Worship Mayor Thomson and Mike Stranges for their attendance and dropping of the puck for the opening faceoff. Alderman Craitor indicated that there were problems that had been encountered with the Public Address System and requested the matter be investigated. ORDERED on the motion of Alderman Craitor, seconded by Alderman err, that the matter be referred to staff for a report back to Council. United Way Luncheon Alderman Germano referred to theUnited Way Luncheen being held on Wednesday, October 7 1992 at Kerrio Place and requested that everyone attend. ' Djurkovlc Family Alderman Hendershot referred to correspondence regarding the Djurkovic family and Council's efforts in assisting in the Immigration Order. Employee Recognition Night Alderman Hendershot referred to the upcoming Employee Recognition Night being held at the AmeriCana Hotel on November 14, 1992 and invited everyone to attend. Volunteer Recognition Night Alderman Hendershot stated that the Volunteer Recognition Night on Friday, October 2, 1992 had been a great success. Entrance to Niagara Falls Alderman Hendershot stated the matter regarding the eendition of the entrance to Niagara Falls coming down 420 Highway had been brought to his attention, and that it should be cleaned up. Alderman Headershot requested that Municipal Works staff approach the Province to look into the matter. Alderman Puttick requested information from the Chief Administrative Officer regarding the changes to the City manual and his authorization of up to $18,000 without the approval of Council. The Chief Administrative Officer responded that the manual has been updated to what has been Council's policy. Alderman Puttick referred to his discussions while at the AMO Conference regarding waste management matters and future conferences in Niagara Falls. -8- SIo-Pitch - Optimist Club Aideman Puttick addressed the concerns of the Optimist Club regarding diamond improvements; providing new facilities. The Director of Parks & Recreation stated that the Slo-Pitch Tournament had brought about $8 to $10 million in revenue for the City. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that a meeting be scheduled with Mr. Miller, Coors, and Parks and Recreation staff to discuss the concerns of diamond improvements and new facilities. Carried Unanimously. Niagara South Arena His Worship Mayor Thomson discussed the Niagara South Arena in Chippawa and the improvements including a new press box that had been done on a volunteer basis and indicated it had been suggested that the Niagara South Arena in Chippawa be renamed the Chippawa Memorial Arena. ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that a report from Parks and Recreation be brought back regarding the renaming of the Niagara South Arena to the Chippaws Memorial Arena. Carried Unanimously. THIRTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #2 October 19, 1992 Council met on Monday, October 19, 1992 at 6:30 p.m. in Committee of the Whole. All members of Council, 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, ci, DEPUTY MAYOR WAYNE THOMSON ORDERED on the motion of Alderman Germane, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers October 19, 1992 Council met on Monday, October 19, 1992 at 7:30 p.m. for the purpose of considering Planning and Regular Business. All members of Council, were present. His Worship Mayor Thomson presided as Chairman. Alderman Susin offered the Opening Prayer. CONFLICTS OF INTEREST Alderman Fisher declared a conflict of interest on Report No. MW-92-245, because she is employed by Wedgewood Homes. Alderman Craitor declared a conflict of interest on Report No. F-92-38, Cheque Nos. 81380 and 81498, because his wife is employed by the Region. Alderman Cowan declared a conflict of interest on Report No. F-92-38, Cheque No. 81326, and Communication No. 256, because his employer is involved. Alderman err declared a conflict of interest on Report F-92-38, Cheque Nos. 81446 and 81481, Ministry of Tourism, because of the close proximity of her residence. PRESENTATION His Worship Mayor Thomson introduced Michael and Ashley Romeo who presented a cheque on behalf of the Mayor's First Annual Charitable Picnic, which raised funds for the United Way, in the amount of $8,914.51 to Mrs. Nancy Eidt, Campaign Chairman of the United Way. Mrs. Eidt thanked Mayor Thomson and members of Council for all their hard work and support. -2- DEPUTATIONS Prior to considering Current Planning Matters, it was ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the matter of helicopters be brought forward. Carrift Unanimously. -AND- Communication No. 2S3 - Petition from Rmidents. The petition headed by Connie Nesbitt expresses opposition to helicopter noise and pollution and to the safety aspect. Communication No. 254 - Petition from Residents. The petition headed by Robert Black expresses opposition to helicopter noise and pollution. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously, His Worship Mayor Thomson referred to the recent helicopter collision in Niagara Falls and indicated he would be attending a Transport Canada Commission meeting on Tuesday, October 20, 1992 and would be providing a video of the evening's proceedings with comments and concerns of residents as a submission to the Transport Commission. Mrs. Roberrs expressed concerns regarding helicopter noise, and requested restrictions of helicopters flying over land be implemented. Mrs. Ruth Klopka and Mr. Richard Kinpka expressed concerns regarding noise pollution; preservation of the environment; safety in the skies; and frequency of flights. Mrs. Klopka provided an audio tape of the helicopters flying in the area and referred to the following requests by some Niagara Falls residents: That silencers be used on helicopters to muffle the sound; that the fourteen passenger helicopter be replaced by a smaller and less noisy helicopter; that the number of flights be drastically reduced; that existing flight routes over residential areas be changed; that residents be given a graea period during dinner hours; that Church services be respected and that no flights operate prior to eleven a.m. on Sunday; that all flights be monitored by the Department of Transport; that the Ministry of the Environment conduct decibel checks; that no additional helicopters be placed into service without consaltation of city government and action group called Taxpayers for Safe and Quiet Skies. Mr. James Upper, 4134 Martin Avenue, expressed concerns regarding flight rules; safety; provided information regarding flight patterns and altitudes. Mr. Upper referred to the recent helicopter crash and the need for higher levels of training. Mr. Upper requested ~that a plaque, commemorating those individuals who had been killed in the helicopter crash, be placed at the crash site. Mrs. Debra Taylor, Transport Canada, Aviation Air Carrier Operations, provided information and flight procedures review through the use of slides; discussed the procedures implemented in Niagara Falls; Transport Canada's jurisdiction and mandate; the jurisdiction of Transportation Safety Board and outlined their phased approach. Mrs. Taylor responded to questions regarding regulations; hellports; compliance of flight paRems; and indicated that Transport Canada's mandate was safety and they had no jurisdiction over noise, it was the responsibility of the municipalities to control noise in the skies. Mr. Matt Miller, Department of Transport, provided information on the helicopter ~ight paths of the Niagara Falls Scenic Route. Mr. Miller indicated that Niagara Helicopter is the only company authorized to fly this route as they have met all the requirements of Transport Canad. a. Mr. fitan Kulesza, Niagara Beauti~cation, Niagara Falls, New York expressed concerns regarding noise and indicated the helicopter noise is very intrusive. Mr. Kulesza indicated that there should be a corxalation between controlling the skies and controlling the noise. Concerns were expressed by several residents regarding helicopter flight paths; American military flights and the number of helicopter flights. -3- Ms. Ev McTaggert, Niagara Falls Helicopter addressed the issue of tourism and the need for jobs in Niagara Falls; adherence to safety standards; and alleviating noise complaints in the City. Ms. McTaggert thanked Council for the opportunity to speak on the matter. His Worship Mayor Thomson thanked all the speakers for expressing their concerns and providing their input on such an important topic. His Worship Mayor Thomson declared a 2-minute recess at 10:00 p.m. to provide an opportunity for persons in the gallery to leave Council Chambers. Following the recess, the members of Council reconvened at 10:02 for the balance of the Council meeting. World University Games His Worship Mayor Thomson indicated that discussions regarding the World University Games Buffalo '93 were being rescheduled to a subsequent Council meeting. PLANNING MEETING PD-92-128 - Chief Administrative Officer - Re: Zoning Amendment Application; AM-25/92, City of Niagara Falls, Amendments -Zoning By-law No. 1538, Crowland; Zoning By-law-No. 395, Willoughby. The report recommends the following: 1) That Council support the proposed zoning amendments to the Willoughby and Crowland by-laws which were initiated at the direction of Council to prohibit development on lots created by means of the testamentary devise process; 2) That a copy of this report be sent to the Regional Municipal ity of Niagara, the Ministry of Agriculture and Food and the Ministry of Municipal Affairs or information purposes. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been advertised in the Niagara Falls Review and the Welland Tribune on September 19, 1992. His Worship Mayor Thomson 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-92-127; Planning Review; Preserving the Rural Character; Necessity of the Proposed Amendments; Official Plan; Zoning By-law; and Comments from the Public Notification Process. His Worship Mayor Thomson received a positive 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. Charles Gill indicated his support of the by-law, but expressed concerns regarding the the minimum lot coverage requirement and how it might restrict the establishment of greenhouse operations. Mr. Carlo Montemurro requested that the by-law be put on hold until the beneficiaries have an opportunity to address the matter. The Director of Planning and Development addressed concerns regarding the implementation of new zoning standards versus the roles and regulations of severances. Discussions were held regarding minimum lot requirements; service requirements; and acreage restrictions. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-25/92 closed. ORDERED on the motion of Alderman Headershot, seconded by Alderman Cowan, that the report be deferred and that a public meeting be held to further consider the matter and that an advertisement be placed in the newspaper advising of the public meeting. The motion Carried with Aldermen err, Puttick and Ward voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that approval be granted to proceed past 11 o'clock. Carried Unanimously, -5- His Worship Mayor Thomson indicated that he was opposed to the motion. Communication No. 259 - Federal Government of Canada - Re: Agreement of Constitutional Renewal. The communication provides information on the Agreement for Constitutional Renewal. ORDERED on the motion of Alderman Headershot, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. Communication No. 260 - A.N. Myer, Council on World Affairs - Re: 4th Annual Conference on Wo~d Affairs. The communication provides information regarding the 4th Annual Conference on World Affairs being held on November 13th, and November 14th, 1992 at the Sheraton Fallsview Hotel. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed. Carried Unanimously, Communication No. 261 - Niagara Council on World Affairs - Re: Annual Conference on World Affairs. The communication requests a donation in the amount of $250.00 towards a scholarship for the best Niagara area delegate. ORDERED on the motion of Alderman Headershot, seconded by Alderman Janvary, that the matter be referred to the Finance Committee. Carried Unanimously. REGULAR COUNCIL MATTERS His Worship Mayor Thomson welcomed Alderman Cummings back to Council. COMMUNICATIONS Communication No. 255 - Winter Festival of Hghts - Re: Fireworks Display. The communication requests Council approve the fireworks display in the Niagara Gorge on November 21, 1992 and December 31, 1992. ORDERED on the motion of Alderman Handershot, seconded by Alderman Cummings, that the request be approved. Carried Unanimously. Communication No. 256 - Niagara Falls Humane Society - Re: Resolution. The communication requests Council support a resolution regarding a draft bill prepared by ~e Canadian Farm Animal Care Trust - "An act to regulate the rearing of calves for the production of veal". ORDERED on the motion of Alderman Germane, seconded by Alderman Janvary, that the request be supported. The motion Carried with Alderman Cowan abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 257 - F.G. Maves, Moire Niagara Real Estate Ltd. - Re: Dismissal of an appeal at the Ontario Municipal Board. The communication requests Council support a resolution to have the Ontario Municipal Board dismiss an appeal. ORDERED on the motion of Alderman Headershot, seconded by Alderman Fisher, that the applicant communicate with the Ontario Municipal Board regarding dismissal of frivolous objection. The motion Carried with Aldermen Cummings and Shetar abstaining from the vote on conflicts of interest, because their employer had been involved in a noise study and with all others voting in favou, r. Communi~ation No. 2S8 - Town of Newmarket - Re: Canadian Unity. The communication requests Council support a resolution regarding Canadian Unity. ORDBRED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the request be received and filed. The motion C~ied with Aldermen Puttick and Sherat voting contrary to the motion and with all others voting in fayour. Communication No. 262 - Niagara Falls Economic Development Agency - Re: Community Day, Ministry of Tourism and Recreation. The communication requests Council endorse a Niagara Falls Community Day to introduce the Ministry of Tourism & Recreation employees to the arechilies of the community. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the request be endorsed and further that the Economic Development Agency co-ordinate the event. Carried Unanimously. Communication No. 263 - Federation of Canadian Municipalities - Re: FCM Membership. The communication requests membership in the Federation of Canadian Municipalities, minimum membership fee is $275.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the matter be referred to the Finance Committee. Carried Unanimously. Communication No. 264 - Addiction Research Foundation - Re: Proclamation. The communication requests Council proclaim the week of November 14 to 21, 1992 as "Drug Awareness Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Handershot, that the request be approved subject to established policy. Carried Unanimously. Communication No. 265 - Canadian Diabetes Association - Re: Proclamation. The communication requests that Council proclaim the month of November as "Diabetes Month" in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the request be approved, and further that costs be absorbed by the City. Carried Unanimously_, Communication No. 266 - Downtown Niagara Fails, Board of Management - Re: Use of Centennial Square. The communication requests Council approve the use of Centennial Square on Saturday, October 24, 1992 from approximately 11:00 a.m. until approximately 3:00 p.m. for the purpose of welcoming the public to see the Artists and Craftors. ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the request be approved subject to established policy. Carried Unanimously, -6- REPOR'i~ B-92-67 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for September, 1992. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. B-92-69 - Chief Administrative Officer - Re: Enforcement of Site Plan Agreement; 3364 Montrose Road. The report recommends that Council authorize and direct staff to retain the services of a consulting engineer to investigate and assess the storm drainage system at 3364 Meritrose Road to determine whether the system conforms with the Site Plan Agreement between 766351 Ontario Inc., and the City and to make any appropriate recommendations in that regard. Mr. Allan Rakowsky, Rose, Persiko, Rakowsky, addressed Council and indicated he supports staffs position. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. B-92-058 - Chief Administrative Officer - Re: 3521 Portage Road; Oscar Maida. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the report be received and filed. Carried Unanimously, -7- 4) MW-92-239 - Dorchester Road Ditches - that the request for the elimination of ditches on Dorchester Road from Mountain Road to Woodgate Street, be given top priority to be referred to final budget deliberations. 5) Request to Ministry of the Environment to reduce expenditure commitment for Sewer Separation - that the City ask the M.O.E. to reduce the expenditure commitment for the City's Sewer Separation Program because of the economy and the difficulty the City is experiencing in this regard - Alderman Puttick opposed. See Reso UtiOn N9, 731 Carried UnanimQusly PD-92-126 - Chief Administrative Officer - Re: Information Report on the Progress of the Garner Neighbourhood Plan. The report recommends the following: 1) That staff be directed to prepare a neighbourhood plan for the Garner Road area at this time rather than a more comprehensive Secondary Plan for the whole of the Westlane Community; 2) That a copy of this report be sent to Regional Niagara Planning Department and the consultants Hynde Paul and Associates for information purposes. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. MW-92-245 - Chief Administrative Officer - Re: Conveyance of Lot 143; Westmeadow Subdivision to Walco Developments Limited. The report recommends that the City deed Lot 143 back to Walco Developments Limited and that the authorizing by-law 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. 92-213. MW-92-247 - Chief Administrative Officer - Re: Contract 92-I0; 1992 Tree Planting Contract. The report recommands that the unit prices submitted by Greenwood Nurseries be accepted and this contract be awarded to this Firm. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No, 92-211. RATIFICATION OF MUNICIPAL WORKS COMMHTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the following action taken by the Municipal Works Committee earlier this evening, be approved. 1) MW-92-246 - 1993 Construction Program - that staff be authorized to invite consultants to submit requests for proposals for the design of: a) St. Lawrence, Wellesley, Epworth, Kinenid and College; and b) Eastwood, Jepson, Ryerson, Nelson HuRon and McGlashan. 2) MW-92-248 - Feasibility of Re-Opening Bender Street (Hill) Roadway Crossing at the C.P. Railway Tracks - that Council give approval in principle to the concept of investigating the feasibility of re- opening the Bender Hill Roadway Crossing at the C.P. Railway Tracks; and that Staff be authorized to investigate the possibility of cost-sharing and the feasibility of the preferred alternative designs with interested Business owners, the Ministry of Transportation, the Regional Municipality of Niagara, C.P. Rail, the National Transport Authority, and other interested parties. ' 3) MVV-92-249 - Newspaper Vending Box Policy/By-Law - that the Newspaper Vanding Box Location Policy/By-law under covering Report MW-92-249 and By-Jaw be approved. See By-law No, 92-214. PD-92-130 - Chief Administrative Officer - Re: Streamlining the Development Review and Approval Process. The report recommends the following: 1. That this report be adopted and distributed to the development conununity and the public for information; 2. That the City's Policy & Procedural Manual be reviewed and revised to incorporate streamlined procedures, including the preparation of a manual and flowcharts for development application processes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimously. PD-92-132 - Chief Administrative Officer - Re: Status Report - Housing Monitoring Program. The report recommends the following: 1. That Council receive this report for information; 2. That a copy of this report be sent to the Regional Niagara Planning Department and the Social Planning Council of Niagara Falls for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted and further that a copy of the report be forwarded to the Mayor's Committee on Housing. Carried Unanimously. R-92-35 - Chief Administrative Officer - Re: Illuminated Marquee for Niagara Falls Memorial Arena. The report recommends that Council approve the by-law appearing on tonight's agenda authorizing a lease agreement with Brooldin Bulletin Publishing Company Limited for an illuminated marquee at the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Cummings, seconded by Alderman Handershot, that the report be received and adopted. Carried Unanimously. See By-law No. 92-212, -8- -9- F-92-38 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $401,448.35 for the period ending October 12, 1992 and the accounts totalling $6,009,042.16 for the period ending October 19, 1992, be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque Nos. 81326; 81290. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. The motion C~rri~ with Aldermen Craitor, Cowan and err abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. F-92-39 - Chief Administrative Officer - Re: Auto Attendant, Telephone System. The report recommends that Council approve the usage of the Auto Attendant feature of the telephone system effective February I, 1993. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shefar, that the report be received and adopted. Carried Unanimously. F-92-40 - Chief Administrative Officer - Re: Audit Services. The report recommends that the Council of the City of Niagara Falls approve the passing of the by-law appearing later on the agenda to appoint auditors. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No, 92-210. F-92-41 - Chief Administrative Officer - Re: Agreement to Purchase Aviion Computer. The report recommends that the Council of the City of Niagara Falls approve the passing of the by-law appearing later on the agenda to execute an agreement with Info 2000 Inc. ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the report be received and adopted. The motion Carri~ with Alderman Off voting contrary to the motion and with all others voting in favour. See By-law No. 92-216. CD-92-87 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision; Harvest Green; 26-CD-92002. The report recommends the following: 1. That subject to any comments received as a result of the Public Meel~ing Process, that the Harvest Green Condominium Subdivision, shown on Appendix I, be approved, subject to the conditions attached as Appendix II to this report; 2. That the Ministry of Housing and the applicant be so advised. ORDERED on the motion of Aideman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. . CD-92-88 - Chief Administrative Officer - Re: Disposal of the Alliston Avenue Unopened Road Allowance. The report recommends that the recommendations contained in attached Report CD-92-84 be adopted by Council, and that this report, for information purposes be received and filed. ORDERED on the motion of Alderman Handershot, seconded by Alderman Craltor, that the report be received and adopted. The motion Carried with Alderman Germane, Sherat and 3uSin voting contrary to the motion and with all others voting in fayour. 8-92..43 - Chief Administrative Officer - Re: The Establishment of Certain Lands as Public Highways on Plan M-77; 59M-142 and 59M-179 (Drummond Park Village); 92-B3-038. The report recommends that the by-law included on this evening's agenda, for the establishment of certain one foot reserves as public: highways, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. See By-law No. 92-215. RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cowan, seconded by Alderman err, that the following action taken by Committee of the Whole earlier this evening, be approved. 1. S-92-45 - Chief Administrative Officer - Re: T.G. Bright & Co., Limited Expropriation of Lands for 100 moire Wide Buffer and Municipal Cemetery Site - that Council settle all outstanding matters with T.G. Bright & Co., Limited as set out in Schedule "A" and the City Solicitor is authorized to take all necessary steps in that regard. 2. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that City Solicitor be authorized to defend the matter regarding Tivoli Miniature World and Stevensville Lawn Services, and that the City Solicitor submit a full report on the matter. Alderman Craitor declared a conflict of interest because investigativo work is being done in the matter. Carried RESOLUTIONS No. 72 - CUMMINGS, HENDERSHOT - RESOLVED that Alderman Margaret Germane be appointed Acting Mayor for the period October 24, 1992 to November 1, 1992 inclusive; during the absence of His Worship Mayor Wayne Thomson. AND the Seal of the Corporation be hereto affixed. Carried UnanimOusly, No. 73 - HENDERSHOT, FISHER - RESOLVED that WHEREAS the current economic situation has resulted in severe financial and spending restraints to many municipalities, including the City of Niagara Falls; AND WHEREAS the Ministry of the Environment has imposed an expenditure commitment upon the City of Niagara Falls in respect to the City's sewer'separation programme; NOW THEREFORE the Council of the Corporation of the City of Niagara Fails hereby respectfully requests the Ministry to consider favourable a reduction of the said expenditure commitment, to assist the City in casing the financial difficulties it is experiencing at the present time; AND the Seal of the Corporation be hereto affixed. Carried UnanimoUsly, BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Shefar, that leave be granted to introduce the following by-laws, and the by-law be read a first time: 92-208 92-209 92-210 92-211 92-212 Deferred. Deferred. A by-law to appoint auditors. A by-law to authorize the execution of an agreement with Peter Alco, carrying on business as Greenwood Nursery respecting the 1992 Tree Planting Programme. A by-law to authorize the execution of an agreement with The Brooklin Bulletin Publishing Company Limited respecting an illuminated marquee board. - 10 - 92-213 92-214 92-215 92-216 92-217 92-218 92-219 92-220 A by-law to authorize the execution of a Transfer/Deed of Land to Walco Developments Limited of Lot 143, Plan 59M-129 in the West Meadow Subdivision. A by-law to govern the placement of newspaper yendine boxes on public streets and other municipal property. A by-law to establish certain one foot reserves as public highways. A by-law to authorize the execution of an agreement with INFO 2000 Inc. regarding computer equipment. A by-law to amend By-law No. 79-200, as amended (AM21/92, Brockway Properties Ltd.) 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 monies for General Purposes (October 12, 1992) A by-law to authorize monies for General Purposes (October 19, 1992). The motion Carried with Alderman err, voting contrary on By-law No. 92-216; Alderman Cowan abstaining from the vote on a conflict of interest previously noted on By-law No. 92-219; Aldermen Craltor and err abstaining from the vote on conflicts of interest previously noted on By-law No. 92-220 and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: 92-208 Deferred. 92-209 Deferred. 92-210 A by-law to appoint auditors. 92-211 A by-law to authorize the execution of an agreement with peter alee, carrying on business as Greenwood Nursery respecting the 1992 Tree Planting Programme. 92-212 A by-law to authorize the execution of an agreement with The Brooklin Bulletin Publishing Company Limited respecting an illuminated marquee board. 92-213 A by-law to authorize the execution of a Transfer/Deed of Land to Walco Developments Limited of Lot 143, Plan 59M-129 in the Wast Meadow Subdivision. 92414 A by-law to govern the placement of newspaper vending boxes on public streets and other municipal property. 92-215 A by-law to establish certain one foot reserves as public highways. 92-216 A by-law to authorize the execution of an agreement with INFO 2000 Inc. regarding computer equipment. 92-217 A by-law to amend By-law No. 79-200, as amended (AM21/92, Brockway Properties Ltd.) 92-218 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control. 92-219 A by-law to authorize monies for General Purposes (October 12, 1992) - 11 - 92-220 A by-law to authorize monies for General Purposes (October 19, 1992). The motion Carried with Alderman err, voting contrary to By-law No. 92-216; Alderman Cowan abstaining from the vote on a conflict of interest previously noted on By-law No. 92-219; Aldermen Craitor and err abstaining from the vote on conflicts of interest previously noted on By-law No. 92-220 and with all others voting in favour. NEW BUSINESS Ontario Preservation Program Alderman Puttick referred to the preservation of farmland at Niagara on the Lake in order to implement a Government of Ontario Preservation Program, the sum of $250,000 would represent the Region's contribution to the program. ORDERED the motion of Alderman Puttick, seconded by Alderman err, that the Chief Administrative Officer inform the Region of Niagara that the City of Niagara Falls would object to the passage of any by-law which would require the City of Niagara Falls, through its tax transferring to the Region to pay a portion of that amount. Carried Unanimously. Railway Bridge Alderman Fisher referred to the dismantling of the railway bridge in Chippawa and that steel girders were being dropped into the river; also that no signs had been posted regarding the work being done. It was indicated that staff contact the appropriate railway personnel regarding the matter and that a report be brought to Council. Region-Wide Market Value Assessment His Worship Mayor Thomson reviewed recent discussions at the Regional Council meetings regarding Market Value Assessment on a Regional basis through phasing-in over a four year period and the subsequent vote against market value assessment through phasing in. His Worship Mayor Thomson requested Council's support condemning the actions of Regional government on M.V.A. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that Council condemns the actions of Regional government on Market Value Assessment. Carried Unanimously. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEPUTY '~/'~ MAYOR WAYNE THOMSON SPECIAL MEETING Committee Room # 1 October 29, 7992 Counc/I met on Thursday, October29, 1992 at 4:30p. m. in Committee of the Whole. The following members of Council were present: Aldermen Craitor, Fisher, Hendershot, Janvary, Orr, Puttick, Sherar, Susin, and Ward. Acting Mayor Margaret Germano presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, Council Chambers October 29, 1992 Council met on Monday, October 29, 1992 at 4:55 p.m. for the purpose of receiving an update on the status of the Mountain Road Land/ill Emergency Certificate (Ministry of the Environment Nearing). In her opening remarks, Acting Mayor Margaret Germano stated that this Special Meeting was ca/led as a result of the City applying for a development permit under the Niagara Escarpment Planning & Development Act; and advised that the Ministry of the Environment had granted the City a one-year extension. Acting Mayor Margaret Germano referred to a letter received from the Minister of the Environment, Ruth Grier, indicating that the Joint Board had scheduled a hearing on Tuesday, June 15, 1993 to begin hearing the City's application for a 1 O-year expansion of the Mountain Road Landfill site; and read an Order received from the Ministry of the Environment, dated October 29, 1992, which stated the following: Whereas The Corporation of the City of Niagara Falls (the "City") has applied for a development permit under the Niagara Escarpment Planning & Development Act and the dec/s/on of the Niagara Escarpment Commission made on October 8, 1992 to grant a development permit to authorize the continued use of the Mountain Road Landfill Site has been appealed to the Minister; and Whereas the City has applied to the Minister for an Order that the appeals do not operate as a stay and has given notice of the application to the ~.ppellants and to the Niagara Escarpment Commission; and Whereas G/no Romeo and George Cocksedge have made submissions; It is in the public interest, having considered the purposes of the Niagara Escarpment Planning and Development Act and the application by the City, to order pursuant to section 25 (1) of the Statutory Powers Procedure Act, that there be no stay pending the outcome of the appeals and that the City may continue to operate the Mountain Road Landfill site pursuant to the Environmental Protection Act pending the final determination of the appeals. Acting Mayor Margaret Germane stated that she wished to thank the Minister of the Environment, Ruth Grier; Margaret Harrington, MPP; the Honourable Shirley Coppen, Mayor Thomson; along with a special thanks to Alderman Kim Craitor, City Staff; CUPE Local 133; the Niagara Falls Firefighters for all their efforts in obtaining signatures for a petition which was forwarded to the Minister of the Environment requesting that the landfill site remain open. ORDERED on the motion of Hendershot, seconded by Alderman Fisher, that the meeting be adjourned. Carried UnanimousIv. READ AND ADOPTED, THIRTY-THIRD MEETING COMM!'I'rEE OF THE WHOLE Committee Room #2 November 2, 1992 Council met on Monday, November 2, 1992 at 7:05 p.m. in Committee of the Whole. All members of Council, wiffi the exception of Alderman Cummings, who was away due tO illness, were present. Alderman Germane presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers November 2, 1992 Council met on Monday, November 2, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Cummings, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman err offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the minutes of the Regular Council meeting of October 5, 1992 be adopted as printed. Carried Unanimously CONFLICTS OF INTEREST Alderman Fisher declared a conflict of interest on Report No. F92-42, Cheque No. 81877, because she is employed by Wedgewood Homes. Aldermen Hendershot and Janvary declared conflicts of interest on Communication No. 268 because they are employed by ~e School Board. Alderman Garmano declared a conflict of interest on Communication No. 268 because her daughter is employed by ~e School Board. Alderman Cowan declared a conflict of interest on Report No. F92-42, Cheque Nos. 81616 and 81617, because he has a pecuniary interest. Alderman err declared a conflict of interest on Report No. F92-42, Cheque No. 81681, because of ~e close proximity of her residence. Alderman Craitor declared a conflict of interest on Report No. F92-42, Cheque No. 81662, because his employer is involved; and Cheque Nos. 81685, 81749 and 81852, because his wife is employed by ~e Region. -2- -3- PRESENTATION Employees Sueeestion Program His Worship Mayor Thomson acknowledged the efforts of City employees for their contributions to .the Employees Suggestion program and presented recognition awards to the following employees: First prize: John Kedzierski; 2rid prize: Ian Hayward and AI Judge; 3rd prize: David Campbell, Mark Diamond, Rick Dealman and Fred Hall; Merit Awards: Jamie Douglas; fan Hayward; Jim Hetherington; Dale Morton; Jim Deline; Wayne Barman; Peter Methner; Dennis Savriga; David Campbell; Bea Bailey; Bob Bolibruck; Ken Mech; Dave Hayward; Rick Wilson; Sue Judge, Janet Kuipecs; Bill Clark; Larry DiLazzer; Tina Ernest; Hugh Cartec and Rick Judge. His Worship Mayor Thomson acknowledged Alderman Pat Cummings for his involvement in the program; and suggested the program be considered on an annual basis. Landfill Site His Worship Mayor Thomson expressed satisfaction over the tremendous amount of work and effort put forth by Municipal staff in obtaining 12,000 signatures which were submitted to the Minister of Enviroament, Ruth Grief in order to keep the landfill site open. Mayor Thomson thanked Alderman Craitor, Shirley Coppen and Margaret Harrington for their assistance in the matter and indicated that all the individuals involved will be recognized at a subsequent Council meeting. Drug Awareness Week Mayor Thomson received indication that Mrs. Karen Fermccio, Regional Manager of the Niagara Drag Awareness Committee, who was accompanied by the campalgn's mascot, Willy the Bear, wished to address Council. Mrs. Ferruccio discussed the Drug Awareness Week Campaign which is scheduled for November 15 to 21, 1992 to raise public awareness of the consequences related to the use and abuse of alcohol and other drugs in society. Mrs. Farruccio provided information on the special events and programs provided by various organizations and groups in support of Drug Awareness Week. His Worship Mayor Thomson thanked Mrs. Ferruccio for her presentation and wished the committee a successful campaign. COMMUNICATIONS Communication No. 267 - Ministry of the S61icitor General - Re: Proclamation. The communication requests that Council proclaim the week of November 1st to 7th, 1992 as "Ontario Crime Prevention Week ". ? ORDERED on the motion of Alderman Craitor, seconded by Alderman Garmano, that the request be approved subject to established policy. Carried Unanimously. Communication No. 268 - Township of Geerglan Bay - Re: Resolution. The communication requests Council support a resolution opposing the implementation of the Cousineau Commission recommendations that four individual school boards be established across Ontario. ORDERED on the motion of Alderman Puttick, seconded by Alderman Shetar, that the matter be referred to staff to communicate with Mr. Miller of Niagara South School Board and report back to Council. The motion Carried with Aldermen Germane, Headershot and Janvary abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. REPORT~ B-92-70 - Chief Administrative Officer - Re: "Pitch-in" - Towing of Derelict Vehicles. The report recommends that Council receive and file the information. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and filed. Carried Unanimously. B-92-71 - Chief Administrative Officer - Re: Demolition quotations 4836 and 4842 Valtey Way. The report recommends that Collee Wrecking of Niagara Falls be awarded the contract for demolition of two buildings located at 4836 and 4842 Valley Way. ORDERED on the motion of Alderman Ward, seconded by Alderman Headershot, that the matter be deferred for one week. Carried Unanimously. MxvV-92-250 - Chief Administrative Officer - Re: Transfer Widenlags to the City of Niagara Falls; Bellevue Street and Drummond Road. The report recommends that Council pass a resolution formally accepting this transfer. ORDERED on the motion of Alderman Headershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Resolution No, 77, MV~-92-251 - Chief Administrative Officer - Re: Contract 92-15; 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 J. & L. Contracting be awarded the contract for the supply of services for snowplowing of parking lots and 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 Susin, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 92-223. M~V-92-253 - Municipal Parking & Traffic Committee - Re: Municipal parking & Traffic Committee; October 13, 1992 Meeting. The report recommends the following: 1. Municipal Parking Fund - Area Re-alignment - that Parking Fund Area #6 (South End) and Area #8 (Hospital) be combined to form one larger area. 2. MW-92-229 - Stamford Street Intersection Controls That stop signs be installed at the following intersections: i) Stamford St. @ Buchanan Ave.; ii) Stamford St. @ Ottawa Ave.; iii) Stamford St. @ Slater Avenue; iv) Stamford St. @ Detroit Ave.; v) Stamford St. @ Florence Ave.; vi) Stamford St. @ MacDonald Ave.; vii) Stamford St. @ Stuart Ave.; viii) Stamford St. @ Pewall Ave.; ix) Stamford St. @ Third Ave.; x) Stamford St. @ Van Alstyne Place. 2. That the existing oversize stop signs located in the northbound and southbound direction on Second Avenue at Stamford Street be replaced with standard size stops signs; 3. That the existing stop sign on Stamford Street at Heywood Avenue be relocated from the westbound direction on Stamford Street to the southbound direction Heywood Avenue. 3. MW-92-242 - O'Neil Street Parking Restrictions - That parking be restricted on the north side of O'Neil Street between the hours of 8:00 a.m. - 4:00 p.m. Monday through Friday, excluding holidays, from a point 50 metres west of Portage Road to a point 50 metres west of St, George Avenue; ,004 -4- -5 - 2. That 15 metre comer parking restrictions be implemented on St. George Avenue restricting parking during the time periods noted above. 3. That A.N. Myer School officials be contacted to determine the possibility of expanding the existing off street parking facility. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. MW-92-255 - Chief Administrative Officer - Re: Tender 14-92, Tenders for Rental of Snow Removal Equipment for 1992-1993 and 1993 and 1994 Winter Seasons. The report reconunends the following: 1. That tenders received from Montgomery Bros. Construction for the rental of (4) four 4 wheel drive front end loaders and one truck plow; 2. That tenders received from Joan Mackenzie for the rental of one 4 wheel dr,v6 front end loader; 3. That tenders received from Modern Crane for the rental of one 4 wheel drive front end loader; 4. That tenders received from L. Walter and Sons Excavating Ltd. for rental of 1 grader and one four wheel drive front end loader; 5. That tenders received from Pizzi General Contracting for the rental of (2) two graders; 6. That tenders received from Sacco Construction for the rental of one tandem dump truck with sand/salt spreader, for the purpose of snow removal during 1992-1993 and 1993-1994 winter seasons be accepted at hourly rates shown on the summary tender sheet. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. MW-92-256 - 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 Craitor, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See Resolution No. 74. MW-92-257 - Chief Administrative Officer - Re: Extension of Charnwood Avenue; Greenway Estates Subdivision; Pt. Twp. Lot 156 - Part 1, Plan 59R-7977. The report recommends the following: 1. That the transfer of the above lands from Ontario Hydro to the City be executed; 2. That the lands be dedicated as public highways. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 92-229 See By-law No. 92-230 PD-92-135 - Environmental Planning & GreeninS Committee - Re: Action from the Environmental Planning & GreeninS Committee Meeting of October 21, 1992, The report recommends that Council endorse the actions resulting form the October 21, 1992 meeting of the Environmental Planning and GreeninS Committee, ORDERED on the motion of Alderman tanvary, seconded by Alderman Fisher, that the report be received and adopted, Carried Unanimously, PD-92-137 - Chief Administrative Officer - Re: Niagara Escarpment Development Permit Application N/3/92-93/157 - AI & Corinne Giammattolo. The report recommends the following: 1. That this report be received by Council for information purposes; 2. That a copy of this report be forwarded to the Niagara Escarpment Commission for its consideration. ORDERED on the motion of Alderman Cowan, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. F-92-42 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $675,035.68 for the period ending October 26, 1992 and the accounts totalling $1,886,663.30 for the period ending November 2, 1992, be appruved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque Nos. 81795 and 81681. Following some discussion, it was ORDERED by Alderman Ward, seconded by Alderman Fisher, that Cheque No. 81575 be deferred for one week with a report from the City Solicitor regarding the matter. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Aldermen Fisher, Cowan, err and Craitor, abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See B -law No. 92-236 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the following actions taken by the Finance Committee earlier this evening, be approved. 1. Niagara Council on World Affairs - to donate $250.00 to the Annual Council on World Affairs to be used towards a scholarship for the best Niagara area delegate. 2. Federation of Canadian Municipalities - to decline membership in the Federation of Canadian Municipalities. 3. Niagara College Advertising Request - to decline advertising in the 1992-1993 publication of Niagara College's "The Knight". 4. Policy Regarding Conferences and Conventions - to adopt the recommendations submitted through the Conferences and Conventions Committee; Staff be directed to survey other municipalities as it pertains to per diem and mileage rates and report back to the Finance Committee. The motion Carrie~ with Aldermen Hendershot and Janvary abstaining from the vote on Item No. 1 on conflicts of interest; Aldermen Janvary and Hendershot voting contrary to Item 3; Alderman err abstained from the vote on Item No. 3 on a conflict of interest, Alderman Janvary voting contrary to Item No. 2; and Aldermen Shetar and Puttick voting contrary to Item No. 4 and with all others voting in favour. CD..92..89 - Chief Administrative Officer - Re: Proposed Plan of Subdivision; "Southgate Estates Subdivision"; Regional File No. 26T-92015; Owner: Fernando PinSue. The report recommends that the City Clerk be authorized to process the Application for the "Southgate Estates 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 Hendershot, seconded by Alderman Craitor that the report be received and adopted. The motion Carried with Alderman Janvary voting contrary to the motion and with all others voting in fayour. -6- -7- S-9242 - Chief Administrative Officer - Re: Transfer of Easement to Niagara Falls Hydro and to Bell Canada; File No. 92-B3-052. The report recommends that Council pass the by-law appearing on this erening's agenda to authorize the execution of the transfers of easements from the City to Niagara Fails Hydro Electric Commission and to Bell Canada. ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No. 92-233 See By-law No. 92-234 S-9247 - Chief Administrative Officer - Re: Master Paving & Construction (Niagara Falls) Ltd.; File No. 89-E-3-038. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Shetar, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. S-9248 - Chief Administrative Officer - Re: The Establishment of Certain Lands as Public Highways on Plan 59M-203; Wastview Estates Subdivision: File No. 91-D3-150. The report recommends that the by-law included on this evening's agenda, for the establishment of a certain road widening and one foot reserve on Plan 59M-203 as public highways, be passed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law No. 92-232 RATIFICATION OF COMMr'ITEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the following action taken by Committee of the Whole earlier this evening, be approved. That Council authorize staff to take the necessary steps to begin expropriation proceedings for the land adjacent to Municipal Parking Lot k'13 known as 5824 Main Street (excluding building), and Council to authorize staff to continue negotiations with the property owner during the expropriation process. Carried Unanimously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the following action taken by Finance Committee earlier this evening, be approved. 1. To authorize a settlement in the amount of $1,500 to Mr. Willian~ Pite upon execution of a final release ~rough the Solicitor's Office. 2. That Mr. John Ross remit $1,643.83 in settlement of his outstanding tax dispute and that he not be penalized on the final instalment of 1992 taxas in the mount of $634.00. The motion Carri~ with Alderman err declaring a conflict of interest on Item No. I and with all others voting in fayour. RESOLUTIONS No. 74 - CRAITOR - HENDERSHOT - 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 authorized to sign the Grant Application on behalf of the Corporation. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 75 - WARD - GERMANe - RESOLVED that a massage of condolence be forwarded to the family of the late Thomas Graham, a lifelong resident of Niagara Falls and retired firefighter. AND the Seal of the Corporation be hereto affixed. Carried UnanimouSly. No. 76 - CRAITOR - HENDERSHOT - RESOLVED that a message of condolence be forwarded to the family of the late George Richard Towne, a lifelong resident of Niagara Falls and past president of the Niagara Falls City Dart League and a National Slo-pitch umpire. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 77 - HENDERSHOT - FISHER - RESOLVED that the Ministry of Transportation be advised of the formal acceptance by the City of Niagara Fails of a transfer of certain lands on Bellerue Street near Drummond Road. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that leave be granted to introduce the following by-laws, and the by-law be read a first time: 92-221 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (O'Neil Street) 92-222 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stamford St.) 92-223 A by-law to authorize the execution of an agreement with Larosa & Carrie Enterprises Ltd., carrying on business as Dominion Paving Company, Ken Warden Construction Ltd. and John Pullia, carrying on business as J & L Contracting for snowplowing. 92-224 A by-law to amend By-law No. 6867, as amended, being a by-law to regulate the handling, collection and disposal of garbage, ashes and other refuse in the City of Niagara Falls and at the disposal sites operated by the City of Niagara Falls. 92-225 A by-law to establish a pre-authorized monthly instalment tax payment plan. 92-226 A by-law to authorize the acquisition of land from T.G. Bright & Co. Limited. 92-227 A by-law to authorize the execution of an Agreement of Purchase and Sale respecting the acquisition of land from T.G. Bright & Co. Limited. 92-228 A by-law to amend By-law No. 79-200, as amended (AM-22/92). 92-229 A by-law to authorize the acceptance of a conveyance from Ontario Hydro. 92-230 A by-law to establish certain lands as part of Charnwood Avenue, being a public highway. 92-231 A by-law to authorize ~e execution of a licence agreement with O.K. Gift Shop Ltd. for · e purpose of locating, construction and operating a driveway upon lands owned by ~e City for ~e benefit of O.K. Gift Shop Ltd. (3-92-32, July 27, 1992). 92-232 A by-law to establish a certain road widening and one foot resetye as public highways. -8- 92-233 92-234 92-235 92-236 A by-law to authorize an easement in favour of Niagara Falls Hydro Electric Commission. A by-law to authorize an easement in favour of Bell Canada. A by-law to authorize monies for General Purposes (October 26, 1992). A by-law to authorize monies for General Purposes (November 2, 1992). The motion Carri~ with Aldermen Fisher, and Craitor abstaining from the vote on By-law No. 92-236 on conflicts of interest previonsly noted; Aldermen Cowan, Cxaitor and err abstaining from the vote on By-la.w No. 92-235, on conflicts of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 92-221 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (O'Neil Street) 92-222 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stamford St.) 92-223 92-224 92-225 92-226 92-227 A by-law to authorize the execution of an agreement with Larosa & Carrie Enterprises Ltd., carrying on bus iness as Dominion Paving Company, Ken Warden Construction Ltd. and John Pullia, carrying on business as J & L Contracting for snowplowing. A by-law to amend By-law No. 6867, as mended, being a by-law to regulate the handling, collection and disposal of garbage, ashes and other refuse in the City of Niagara Falls and at the disposal sites operated by the City of Niagara Falls. A by-law to establish a pre-authorized monthly instalment tax payment plan. A by-law to authorize the acquisition of land from T.G. Bright & Co. Limited. A by-law to authorize the execution of an Agreement of Purchase and Sale respecting the acquisition of !and from T.G. Bright & Co. Limited. 92-228 92-229 92-230 A by-law to amend By-law No. 79-200, as amended (AM-22/92). A by-law to authorize the acceptance of a conveyance f~om Ontario Hydro. A by-law to establish certain lands as part of Churnwood Avenue, being a public highway. 92-231 92-232 92-233 A by-law to authorize the execution of a licence agreement with O.K. Gift Shop Ltd. for the purpose of locating, construction and operating a driveway upon lands owned by the City for the benefit of O.K. Gil~ Shop Ltd. (S-92-32, July 27, 1992). A by-law to establish a certain road widening and one foot reserve as public highways. A by-law to authorize an easement in favour of Niagara Falls Hydro Electric Commission. 92-234 A by-law to authorize an easement in fayour of Bell Canada. 92-23S A by-law to authorize monies for General Purposes (October 26, 1992). -9 - 92-236 A by-law to authorize monies for General Purposes (November 2, 1992). The motion Carri~ with Aldermen Craitor and Fisher, abstaining from the vote on By-law No. 92-236 on conflicts of interest previously noted; Aldermen Cowan, Craitor and err, abstaining from the vote on By-law No. 92-235, on conflicts of interest previously noted and with all others voting in fayour. NEW BUSINESS Niagara South School Board Alderman Puttick referred to his attendance along with Alderman Ed Sherar, on behalf of the Mayor, with the Director of Education, at the Niagara South Board of Education on October 28, 1992 and indicated that it had been a very informative meeting. Alderman Germane thanked staff and Alderman Kim Cruller for their valuable help and assistance during her tenure as acting mayor and the Mountain Road Landfill site crisis. Nianara Falls Days Alderman Janvary referred to a letter she had received from Gord Rindell regarding the success of Niagara Falls Days at the 1992 Welland Exhibition and requested that the letter be forwarded to Brenda Herchmer at the Parks and Recreation Department. Mayor's Committee On Housing Alderman Craitor referred to the recent report from the Mayor's Committee on Housing regarding condominium conversions and indicated this report will be very beneficial in future discussions on condominium conversions. Market Value Assessment His Worship Mayor Thomson discussed Market Value Assessment and the implementation of MVA on a province-wide system. Sources of Income Alderman Puttick referred to upcoming legislation requiring all elected officials to file their sources of income before the next election and expressed concern when representatives of AMO had requested provincial MPP's to disclose their sources of income and were denied that information. The City Solicitor indicated he would provide Council with a previously submitted report regarding the matter. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the meeting be adjourned. Carried Unanimously, READ AND ADOPTED, .... i!iii/i i:i; ' ii;i;'ii/iii;,KTA MAYOR WAYNE THOMSON THIRTY-FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 November 9, 1992 Council met on Monday, November 9, 1992 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Cummings and Orr, who were away due to illness, and Alderman Ward who had a prior commitment, were present. Alderman Craitor presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers November 9, 1992 Council met on Monday, November 9, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Aldermen Cummings and err, who were away due to illness, and Alderman Ward, who had a prior commitment, were present. His Worship Mayor Thomson presided as Chairman. Alderman Puttick offered the Opening Prayer. CONFLICTS OF INTEREST Alderman Craitor declared a conflict of interest on Report F-92-43, Cheque No. 80217, because his wife is employed by the Region. PLANNING MEETING PD-92-140- Chief Administrative Officer- Re: Zoning Amendment Application; AM-29/92, Zoning By-law Amendment, AM-29/92; City of Niagara Falls, Central Business District; Ministry of Tourism and Recreation Office Building. The report recommends the following: 1) 2) 3) That Council support the proposed amendment to the Zoning By-law to facilitate the construction of an office building having up to 12 storeys with more contemporary parking standards, including provisions which allow some off-site parking; That the amending by-law appearing in tonight's uganda be enacted by Council; That a master plan for the Civic Square Block and development agreements be prepared and entered into as a means of achieving coordinated and functional site plans. -2- Communication No. 259 - CN, Engineering Services. The communication indicates as having no objections to the proposal. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been forwarded by mail to all residents and businesses assessed as of land within 100 metres of the subject lands along with the Downtown Board of Management; and further that a meeting had been held on November 5, 1992 to discuss the proposal. His Worship Mayor Thomson 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-92-138; Facade Improvement Plan and Revitalization Strategy; Nature of the Zone Change; Impact; Master Plan; and Comments from the Public Notification Process. He advised that the Planning Department was recommending approval of the proposed amendment. His Worship Mayor Thomson received a positive 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 to his request for persons opposed to the application. The Director of Buildings and Inspections responded to questions raised regarding the formation of a Master Plan for the Civic Square Block and the preparation of development agreements; and indicated that the ground breaking should commence in June of 1993. John lonni, Project Coordinator, responded to questions regarding incorporating the stones of the Matthews Building into the new Ministry of Tourism building and stated that the matter would be looked into and considered by the architect. Don Carrill, representing the Rosberg family, indicated the family's endorsement of the project; and requested that the same considerations be given to the Rosberg property regarding the height restrictions and off-street parking. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-29t92 closed. t ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Off abstaining from the vote on a conflict of interest because of the close proximity to her residence and with all others voting in favour. ORDERED on the motion of Aideman Hendershot, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimously. See By-law No. 92-237. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan that Report No. B-92-75 be brought forward. Carried Unanimously. B-92-75 - Chief Administrative Officer - Re: Ministry of Tourism and Recreation reinedfinn Closing of public lane. The report recommends that staff be authorized to commence procedure for the closing of a public lane running north from Huron Street and.lying between land presently owned by the City. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted, The motion Carried with Alderman Off abstaining from the vote on a conflict of interest because of the close proximity to her residence with with all others voting in favour. -3- PD-92-139 - Chief Administrative Officer - Re: Zoning Amendment Application; AM-27/92, 57793 Ontario Inc., Ramada Fallsview Hotel; 6455 Buchanan Avenue. The report recommends the following: 1) That Council support the proposed zoning amendment to facilitate the construction of a larger ballroom addition and decorative facade to the Ramada Fallsview Hotel and to permit them to be constructed to the limits of the Buchanan Avenue road allowance. 2) That the amending by-law be prepared to reflect the project as currently proposed and detailed in the report and be enacted at a subsequent Council meeting. - AND - Communication No. 270 - Anthony Zappitelli, Liberty Inns. The communication indicates strong objection to allowing an increase in height; and a decrease in the front set-back on Buchanan Avenue. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development read the Affidavit of the Clerk advising that the Notices of the Public Meeting had been forwarded on October 9, 1992 to all persons assessed as of land within 120 metres of the subject lands. His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of PIning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-134; General Information; Background; Nature of the Zone Change; Site Plan Control; and Comments from the Public Notification Process, His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. John Hopkins, who was in attendance on behalf of Liberty Inns, expressed the following concerns: the height of the structure and the visual impact on the Liberty Inn; the impact on adjacent lands in construction to the property line. Mr. Hopkins suggested Council could expect future similar applications and could therefore be setting a precedent. Dante MarineIll responded to Mr. Hopkins concerns and indicated that only one-third of the building which is to be curved, would be at the property line and the remaining two-thirds of the building are to be maintained between 5 and 15 foot set backs from the property line. Mr. MarineIll indicated that the extension would he elevated 18 feet above the property line and that there would be no additional adverse impact on the Liberty Inn. Mr. MarineIll indicated there were ongoing Ontario Hydro negotiations but once approvals were received, work would commence next fall. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-27/92 closed. ORDERED on the motion of Alderman Germs. no, seconded by Alderman Hendershot, that the communication be received and filed. ORDERED on the motion of Alderman Germane, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. ii -5- REGULAR COUNCIL MATTERS ADOPTION OF MINUTES ORDERED on the motion of Alderman Cowan, seconded by Aideman Shetar, that the Planning Meeting Minutes of October 19, 1992 and the Regular Council Meeting Minutes of November 2, 1992 be adopted as printed. Carried Unanimously. DEPUTATION ORDERED on the motion of Alderman Craitor, seconded by Aldenan Shetar, that Mr. Darren Wood be permitted to address Council. Carried Unanimously, Darren Wood addressed Council and requested permission to use the same parade route as was used last year and asked for a donation of $1500.00 toward the organization of the parade. Alderman Hendershot, Chairman of the Civic Committee, indicated that plans were being formulated along with the Arts and Culture Committee, for an event to be held on Sunday, November 29, 1992, with a carol sing, the Mayor and Santa Claus lighting the Christmas Tree in front of City Hall; several service clubs providing hot beverages, and the Labour Council providing flee candy canes to the children. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendarshot, that the request for $1,500 be denied. The motion Ca~ied with the following vote: AYE: Aldermen Craitor, Fisher, Germane, Hendershot, Puttick, and Susin. NAYE: Aldermen Cowan, Janvary and Shetar. Following discussions respecting liability insurance for the use of City streets, etc., it was suggested that Mr. Wood contact the Civic Committee to co-ordinate his efforts in conjunction with the planned events of the Civic Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that consideration be given to waive the insurance fee and to invite Mr. Wood to contact the Civic Committee and incorporate plans in conjunction with the November 29th, 1992 evere. The motion Carried with Alderman Craitor opposed to the motion and with all others voting in favour. His Worship Mayor Thomson thanked Mr. Wood for attending Cquncil. COMMUNICATIONS Communication No. 271 - The Optimist Club - Re: Proclamation. The communication requests Council proclaim t~e week of November 8th to 14th, 1992 as "Youth Appreciation Week". ORDERED on the motion of Alderman lanvary, seconded by Alderman Headershot, that the request be approved subject to established policy. Carried Unanimously. Communication No. 272 - Christ Church, Niagara Falls, Ontario - Re: Petition against Legalized Gambling. The communication provides a petition which expresses opposition to the proposal of legalized gambling in Niagara Falls. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the communication be received and filed and the Church authorities be thanked for their interest, and .that they be advised that when this matter comes back to Council in a possible public forum that they would be a welcome participant in any future discussions. Carried Unanimously. REPORTS F-92-43 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $467,009.65 for the period ending November 9, 1992, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque No. 81960. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion .Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. _See By-law No. 92-242, RATIFICATION OF FINANCE COMMITFEE ACTIONS ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the following action taken by the Finance Committee earlier this evening, be approved. FC-92-35 - Issuance of Letters of Credit - to accept letters of credit in the total aggregate amount of $800,000 at any one time from the Niagara Credit Union and in the total aggregate amount of $150,000 at any one time from the Cataract Savings & Credit Union. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest on this item and with all others voting in fayour. RATIFICATION OF MUNICIPAL WORKS COMMITFEE. ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the following action taken by the Municipal Works Committee earlier this evening, be approved. MW-92-263 - 4415 Montrose Road - Mr. W. Comnack; 4407 Montrose Road - Mr. E. Arcuri - Sanitary Sewer Extension - that this matter be referred back to staff to immediately approach all involved parties again to determine if a more suitable cost-sharing arrangement could be reached, and if there were no change in the cost-sharing arrangement that the sanitary sewer extension be approved with the cost of the extension being shared equally by Mr. Comnack and Mr. Arcuri, and that the City contribute by preparing the construction drawings and obtaining approval from the Ministry of the Environment. Alderman Janvary opposed. MW-92-252 - Update on Mewbum Road Bridge at C.N. Rail Crossings - that the information contained in Report MW-92-252 be received and filed for information. IVlW-92-227 - Equipment Rental - Landfill Site - that the use of the loader tendered by LC.J. Contracting in May, 1992, at an hourly rate of $37.33 be accepted and used for Landfill operations in combination with the tendered bulldozer and that the week day operating hours at the Landfill be reduced by 1 hour and close at 5:00 p.m., effective November 23, 1992. Alderman Susin opposed. MW-92-236 - Mountain Road Landfill Equipment Storage Shed - that this matter be referred back to staff for additional information with respect to determining costs of carrying out maintenance work to ensure that the existing building is safe and that a replacement shed not be built at this time in efforts to attain a savings'in these hard economic times, and that a further report on this matter to be prepared by staff to be further considered by this Committee in the near future. Information Item - "Municipal Watch Looking Out for You" - that participation by the City in the Municipal Watch Looking Out for You Program be endorsed. Carried. -6- CD-92-~0 - Chief Administrative Officer - Re: Special Occasion Permit; United Way Alumni Cup Hockey Tournament. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed on this Report and that tha organization adhere to the 106 person occupancy toad as prascfibed by the Fire Department. ORDERED on the motion of Alderman Susin, seconded by Aideman Craitor, that the report be received and adopted. Carried Unanimously, BY-LAW~ ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-law be read a first time: 92-237 A by-law to amend By-law No. 79-200, as amended. (AM-29/92, Ministry of TourSsin and Recreation Office Building). 92-238 A by-law to amend By-law No. 79-200, as amended (AM-14192, Ascot Woods Ltd.). 92-239 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control. 92-240 A hy4aw to amend By-law No. 79-200, as mended. (AM-14/92, Ascot Woods Ltd.) 92-241 A by-law to amend By-law No. 85-238, respecting the classas of development that may be undertaken in site plan control. 92-242 A by-law to authorize monies for General Purposes. (November 9, 1992). The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 92-242 on a conflict of interest previously noted; Alderman Off abstaining from the vote on By-law 92-237 on a ~onfiict of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: 92-237 A by-law to amend By-law No. 79-200, as amended. (AM-29192, Ministry of Tourism and Recreation Off~ce Building). t 92-238 A by-law to amend By-law No. 79-200, as amended (AM-14/92, Ascot Woods Ltd.). 92-239 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control. 92-240 A by-law to amend By-law No. 79-200, as amended. (AM-14192, Ascot Woods Ltd.) 92-241 A by-law to amend By-law No, 85-238, respecting the classes of development thatmay be undertaken in site plan control. 92-242 A by-law to authorize monies for General Purposes. (November 9, 1992). The motion Carried with Alderman Craitor abstaining from the vote on By-law No, 92-242 on a conflict of interest previously noted; Alderman Off abstaining from the vote on By-law 92-2:37 on a conflict of interest previously noted and with all others voting in fayour. 7 NEW BUSINESS Joint Emeroency Preparedness Program C|.E.P.P.) Grant His Worship Mayor Thomson referred to correspondence received from St. John Ambulance requesting that Council support an application to the Solicitor General for a Joint Emergency Preparedness Programm Grant (J.E.P.P.) for their Emergency Boat Patrol, since funds are not available for the purchase of a new boat and motor. His Worship Mayor Thomson requested the Director of Parks and Recreation prepare a letter regarding the matter. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that Council support an application to the Solicitor General for a Joint Emergency Preparedness Programm (J.E.P.P.) Grant. Carried Unanimously. Niagara South Arena ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the Niagara South Arena be renamed the Chippawn Willoughby Memorial Arena. Carried Unanimously, Letter of Condolence ORDERED on the motion of Alderman Germane, seconded by Alderman Hendershot, that a letter of condolence be forwarded to the family of the late Joseph Masttin, a well-known and respected resident of the conunity. Carried Unanimously, Heritage Front Alderman Germane referred to a recent article in the Niagara Falls Review regarding a White Supremacist organization called the Heritage From, which is trying to recruit members in the Niagara Region. Alderman Germane referred to the desecration of graves in a Montreal community. ORDERED on the motion of Alderman Germane, seconded by Alderman Hendershot that a resolution be forwarded to other municipalities and other levels of government indicating that Council does not support and does not condone the actions of this group. CarriedUnanimousl~ Niagara Home Builders' Asso~iatlon Alderman Puttick referred to the Niagara Home Builders' Association kick-off of "Niagara 93" indicating that the Association is hosting the 1993 Ontario Home Builders' Association Provincial event to be held at the Sheraton Fallsview on October 5th to 8th, 1993 in Niagara Falls. Rolling By the River Alderman Puttick referred to the cost sharing of an advertising commitment regarding "Rolling By the River" event, and noted that the Director of Parks and Recreation would be contacting the sponsors of the event regarding the matter. Stamford Arena Alderman CraiWr indicated that he had received complaints from several residents near the Stamford Arena regarding fast travelling vehicles near the area. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that a report be brought back to Council regarding the approval of a "caution light" at the crosswalk, warning motorists to slow down. Carried Unanimously. -8- -9- Niagara Parks Commission Alderman Hendershot requested that Alderman Pat Cummings be re-appointed to the Niagara Parks Commission. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that Alderman Pat Cummings be re-appointed to the Niagara Parks Commission for 1993. Carried Unanimously. Ferdinando Muraca Property Alderman Put~ick referred to a zoning approval on September 14, 1992 to Mr. Muraca's property at Kalar and McLeod Road and the provision of land dedications. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Shetar, that the matter be referred to Municipal Works and that revised conditions to Report AM-23192 be brought back to Council at the next meeting. Carried Unanimously. It was moved by Alderman fanvary, seconded by Alderman Sherar, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, COMMITTEE OF THE WHOLE Committee Room #1 November 9, 1992 Council met on Monday, November 9, 1992 at 9:10 p.m., in Committee of the Whole. members of Council, with the exception of Aldermen Cowan, CummingS, Fisher, Orr, and Ward. Alderman Craitor presided as Chairman. All Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, COUNCIL MEETING Council Chambers November 9, 1992 Council reconvened in formal session on Monday, November 9, 1992, following a meeting in Committee of the Whole. All members of Council, with the exception of Aldermen Cowan, Cummings, Fisher, err, and Ward. His Worship Mayor Thomson presided as Chairman. ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that Collee Wrecking and Recycling be awarded the contract for demolition of 2 buildings, located at 4836 and 4842 Valley Way, subject to Collee Wrecking & Recycling paying to the City of Niagara Fails all outstanding business tax arrears to the end of 1992. Carried Unanimously. And further, ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that the City Solicitor be authorized to commence legal action against Collee Excavating & Trucking Inc. to recover $10,868.00 for landfill tipping fees and to take all the necessary steps in that regard. Carried Unanimously, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germane, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON THIRTY-FIFTH MEETING COMMIT'fEE OF THE WHOLE Committee Room #2 November 16, 1992 Council met on Monday, November 16, 1992 at 6:55 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Ward, who was away on business, were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose in open session. READ AND ADOPTED, EC MAYOR WAYNE THOMSON Council Chambers November 16, 1992 Council met on Monday, November 16, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Ward who was away on business, were present. His Worship Mayor Thomson presiaed as Chairman. Alderman Germane offered the Opening Prayer. ADOPTION OF MINUTES Alderman err indicated a pecuniary interest on Report No. PD-92-140; B-92-75 and By-law No. 92-237 - Ministry of Tourism and Recreation Office Building because of the close proximity of her residence. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar, that the Minutes of the Special Meeting held on October :29, 1992 be adopted as printed; and the minutes of the Planning M~ting held on November 9, 1992 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST._,~ Alderman Craitor indicated a pecuniary interest on Report F-92-44, Cheque No. 82188, because his wife is employed by the Region. Alderman err indicated a pecuniary interest on Report B-92-72 and on By-law No..92-243; 92- 244, Ministry of Tourism, because of the close proximity to her residence. WELCOME His Worship Mayor Thomson welcomed the 1261h Squadron Air Cadets who were in attendance with their leader Miss Josie Wojciechowska to observe a Council m~eting in session. -2- PRESENTATION Recognition of Alderman Pat Cummings His Worship Mayor Thomson introduced Rob Nicholson, M.P. who presented a medal minted to commemorate the Queen's 40th Anniversary as Monarch and Caneda's 125th Birthday to Alderman Pat Cummings in recognition of his outstanding contributions and long time service to the community. Mayor Thomson thanked Alderman Cummings on behalf of Council and the citizens of Niagara Falls, for his dedication in serving the community despite battling his illness. Alderman Cummings thanked Rob Nicholson, Mayor Thomson and members of Council for the presentation. DEPUTATION Red Ribbon Camuaign Tom Hunter, Student Council Vice President and Chairman, Westlane Secondary School, provided a brief history of the Wes~ane Chapter of the Ontario Students Against Impaired Driving (OSAID) and requested that Council show support of safe, sober driving by flying a red ribbon on their vehicles and on Municipal vehicles. ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that Council supports the efforts of the Westlane Red Ribbon Campaign against drunk driving by displaying red ribbons on their vehicles and on Municipal vehicles. Carried Unanimously. His Worship Mayor Thomson thanked the campaign representatives for their efforts and in setting an example for all the citizens in Niagara Falls. Santa Claus Parade ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane that Mr. Darren Wood be permitted to address Council. Carried Unanimously. Dartart Wood provided an update on the proposed Santa Clause Parade and requested Council waive the City workers fee of $3,000 and that permission be granted for the use of an alternate parade route. Some discussion followed regarding control and licensing of the parade; satisfactory liability insurance being in place by November 20, 1992 for the use of City streets. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cruller, that the City workers fee be waived, with the hours worked being at the discretion of the Chief Administrative Officer; subject to the liability insurance being in place; and further that Mr. Wood contact the Parks and Recreation Department to co-ordinate the event. Carried Unanimously. COMMUNICATIONS Communication No. 273 - Village of Cardinal - Re: Resolution. The communication requests Council support a resolution petitionlug the Minister of Housing to recognize the problems that are or will be created by extending eligibility to younger persons in allowing them to move into units designated as Senior Citizen Buildings. ORDERED on the motion of Alderman Cruller, seconded by Alderman Cowan, that the matter be referred to staff and the Mayor's Committee on Housing. Carried Unanimously, -3- Communication No. 274 - Mr. Earl C. Cummer, 8089 Portage Rd. - Re: Parking Meters. The communication expresses concerns regarding parking meters situated at Cummington Square in Chippaws and requests the removal of the meters on a temporary or a permanent basis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to the Parking & Traffic Committee for review and further that Mr. Curemar be notified of the meeting. Carried Unanimously. Communication No. 275 - The Royal Canadian Legion - Re: Property taxes. The communication requests relief in the amount of property taxes being paid. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the matter be referred to the Finance Committee with a repor~ from staff. Carried UnanimoUsly, REPORTS PD-92-141 - Chief Administrative Officer - Re: Willoughby/Crowland Zoning By-law Amendments. The report recommends that Council adopt the recommendations of Recommendation Report PD-92-128. PD-92-128 - Chief Administrative Officer - Re: Zoning Amendment Application; AM-25/92, City of Niagara Falls; Amendments - Zoning By-law No. 1538, Crowland; Zoning By-law No. 395, Willoughby. The report recommends the following: 1) That Council support the proposed zoning amendments to the Willoughby and Crowland by-laws which were initiated at the direction of Council to prohibit development on lots created by means of the testamentary devise process; 2) That a copy of this report be sent to the Regional Municipality of Niagara, the ministry of Agriculture and Food and the Ministry of Municipal Affairs for information purposes. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development advised that the Notice of the Public Meeting had been published in the Niagara Falls Review and the Welland Tribune on October 24, 1992. His Worship Mayor Thomson 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 stated this was a second public meeting being held to increase by-law provisions for lot areas. He indicated that Council had directed that the land be frozen in order that a study be undertaken for the purpose of looking at testamentary devise in rural zones, which was a process of subdividing land through wills. The Director of Planning and Development stated that lots created in the rural zone should be created through the planning process; that increasing the standards of I and 3 acre lots to 25 acre lots represented the minimum lot size for farming and that the by-law had no bearing on severances in rural areas, that it was aimed specifically for testamentary devise. The Director of Planning and Development reviewed the following concerns expressed including the Zoning By-law and Severances; Good Planning vs Bad Planning; Changing lot area requirements from I0 acres to 25 acres; Niagara-on-the-Lake Court Cases and Maximum Lot Coverage. He advised that the recommendations were to support the policies of the Official Plan and all development going through an approval process. -4- -5- His Worship Mayor Thomson received a positive 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 to his request for persons opposed to the application. Charks Gill, Dairy Farmer - R.R.#4, Welland (McKenny Road), indicated that small parcels of land are useless to farm and that he was in support of the zoning by-law amendment and the proposed 25 acre lots. Leonard Walker, Solicitor - 60 James St. St. Catharines, indicated he was representing several beneficiary land owners that were efterred; and related that several concerns had been expressed around the issues of the lots not complying with the law. Mr. Walker referred to legislation that had allowed the creation of lots; the mechanism through which these lots had been created; the amendments to the Planning Act and the issues of land divisions in the province. Mr. Walker indicated that the beneficiary land owners were anxious to work with the City in a way that would not close the door for themselves and their children in making use of the land they had lawfully acquired. The City Solicitor addressed concerns and provided clarification regarding decisions pending from the courts whether lots were created legally and indicated the City is under the impression that all lots were created legally and Couneil's decision to freeze development on testamentary devise lots while the matters were studied, were decisions based solely on planning principles. Questions regarding requests for future municipal services were discussed and Mr. Walker indicated that the beneficiary land owners were not requesting services from the City, as they were prepared to de, at with the matter on their own, if it was a condition of development. Carlo Monteinure addressed concerns regarding certain exemptions having been granted; inability to farm the lands; considerable distance from the city's urban area. Mr. Des Sullivan, Solicitor, representing Mr. Joe Misk Jr., provided some information regarding the testamentary devise and checkerboarding of the lands through posted sketches and requested an exemption on behalf of his client and indicated he was not a developer but had purchased the property to build a future home. Karen Nestler, 3820 Wilshlre BIrd., provided a brief history of the purchase of Lot No. 12, Miller Road and indicated if the by-law is passed, there would be no chance of building a home on the property. Ms. Nestler requested Council consider an exemption from the proposed by-law for an opportunity to build on their lots. Tom Brown, Willoughby, questioned the minimum size of lot for a severance; and expressed concerns regarding building in urban boundaries and indicated that a 5 acre lot size would be suitable to build a home and have a septic tank system. The Director of Planning and Development provided the following information: the present policy for severance is 1 acre for retiring full-time farmers; that the land is a designated agricultural area; that 25 acres are designated for farm-related purposes; and the introduction of in~lling severances. The Chief Administrative Officer discussed the lapsing of the linerim Control by-law and indicated if 200 lots were developed pressure could be brought on the municipality for school buses, school services, snowplowing, etc. He further indicated there would be no guarantees regarding agreements created for no municipal services which could be enforceable in the future. Oral MoRse, Stanley Avimue, indicated that he objected to the passing of the by-law respecting the 25 acre lots. The Chief Administrative Officer stated that the City had no right to impose conditions on the issuance of permits and informed if individuals wished to develop on a septic system, they would be subject to the issuance of the necessary permits and if all the requirements were met, development would be allowed with the building permits. The City Solicitor provided clarification regarding obtaining development charges; discussed the crestion of lots through the planning process and indicated that since these lots were outside the planning process, there was no opportunity to obtain development charges. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-25t92 closed. ORDERED on the motion of Alderman Cowan, seconded by Alderman Craitor, that the recommendations be denied. The motion .Carried with Aldermen Janvary, Orr and Puttick voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that a report come back to Council through the City Solicitor and the Chief Administrative Officer to determine what Council can do regarding development charges and to insure that no services would be extended. The motion Carried with Aldermen err and Puttick voting contrary to the motion and with all others voting in favour. B-92-72 - Chief Administrative Officer - Re: By-law Closing of Huron Street between Ontario Avenue and Erie Avenue. The report recommends the following: That the following by-laws appearing on this evening's agenda be passed. 1. By-law to assume Huron Street as indicated on Registered Plan 999 and 1000. 2. By-law to stop up and close that part of Huron Street between Ontario Avenue and Erie Avenue. His Worship Mayor Thomson received a negative response to his request for a show of hands by persons who would be prejudicially affected by the by-law. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report be received and adopted. The motion Carried with Alderman err abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. B-92-73 - Chief Ad~ninistratlve Officer - Re: The Buildings & Inspections Department Report for October 1992. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and filed. Carried Unanimously. B-92-77 - Chid Administrative Officer - Re: Property Standards Order Wands Conforti; 8709 Lundy's Lane. The report recommends that the Corporation retain a salvage contractor to forthwith complete the work which Wanda Confetti was directed to carry out under the Order of the Property Standards Officer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. MW-92-26S - Chief Administrative Officer - Re: Bydaws for 1992 Capital Budget Projects on Ellen Avenue and in the Epworth-Eastwood-Ryerson Area of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendarshot, that the report be received and adopted. Carried Unanimously. -6- RATIFICATION OF MUNICIPAL WORKS COMMITTEE MA'!'rERS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the following action taken by the Municipal Works Commitlee earlier this evening, be approved. 1) That the Minutes of the Municipal Works Committee meeting of November 9, 1992 be approved. 2) MW-92-268 - Revised Conditions to AM-23/92 - that the recommendations contained in Report MW92-268 be approved. 3) MW-92-244 - Purchase of Recycling Trucks - to defer the decision on the purchase of a recycling truck to final budget discussions. Aldermen Cowan, Puttick and Susin opposed. 4) Participation in Niagara South Board of Education's Heavy Equipment Operating Training Course. The motion Carried with Alderman Craitor abstaining from the vote on Item 4 on a conflict of interest, and with all others voting in favour. R-92-38 - Sports Wall of Fame Committee - Re: Sports Wa/l of Fame Inductcos and Induction Ceremony. The report recommends that Council approve the following Inductees to the 1992 Sports Wall of Farae. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously, F-92-44 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,002,845.30 for the period ending November 16, 1992, be approved by the passing of the by-law appearing later on the agenda. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that Cheque No. 82099 be withheld until a further report is received. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be approved as mended. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 92-250 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the following action taken by the Finance Committee earlier this evening, be epproved. 1) That the Minutes of the Finance Committee meeting be approved. 2) Lacrosse Association - that a Mayor's Message be printed in the "Canada 125 Celebration" program at a cost of $500.00. Aldermen Cummings and Orr opposed. Carries 8-9244 - Chief Administrative Officer - Re: Agreement with Leo Martin and Eda Martin; 3wayze Drive & Portage Road. The report recommends that the by-law included on this evaning's aganda, for the execution of an agreement between Leo Martin and Eda Martin and the City, be passed. ORDERED on the motion of Alderman Shetar, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, See By-law No. 92-245 -7 - RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following action taken by Committee of the Whole earlier this evening, be approved. 1) That Council appeal the decision of the Divisional Court regarding the Vicary judgement; and that the matter go to the Court of Appeal and further, that the law firm of Matthews, Dinsdale and Clark be retained. Carried Unanimously. RESOLUTIONS NO. 79 - HENDERSHOT - JANVARY - RESOLVED that the Council of the Corporation of the City of Niagara Falls petitions for interim payment under the provisions of The Public Transportation and Highway Improvement Act on expenditures made in the year 1992 in the amount of $5,629,572.00; AND the Seal of the Corporation be hereto affixed. Carried Unanlmously. No. 80 - SUSIN - HENDERSItOT - RESOLVED that a letter of condolence be forwarded to the family of the late Catharine (Caddie) McMullin, an active member in the Chippawa Lions Club and highly respected citizen of the community. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAW~; ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that leave be granted to introduce the following by-laws, and the by-law be read a first time: 92-208 NOTPROCEEDED WITH. 92-209 NOT PROCEEDEDWITH. 92-243 A by-law to assume a highway on Registered Plan No. 999 and I000. 92-244 A by-law to stop up and close Huron Street between Ontario Avenue and Erie Avenue as shown on Registered Plan No. 999 and 1000. 92~45 A by-law to authorize the execution of an agreement with Leo Martin and Eda Martin respecting the compensation of certain land conveyed to the City in 1978. 92-246 A by-law to amend By-law No. 91-232, being a by-law to accept Letters of Credit. 92-247. A by-law to authorize the installation of watermains as improvements to the water supply system in the Urban Service Areas of the City. 92-248 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, (Bestwood Cras/Hutton Ave.). 92-249 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. (St. Lawrence Ave./Rice Crest.). 92-250 A by-law to authorize monies for General Purposes. (November 16, 1992). -8- The motion Carried with Alderman Craltor abstaining from the vote on By-law 92-250 regarding a pecuniary interest previously noted and Alderman Orr abstaining from the vote on By-law Nos. 92-243 and 92-244 regarding a pecuniary interest previously noted 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 sexend and third time: 92~208 NOT PROCEEDED WITH, 92-209 NOT PROCEEDED WITH. 92-243 A by-law to assume a highway on Registered Plan No. 999 and 1000. 92444 A by-law to stop up and close Huron Street between Ontario Avenue and Erie Avenue as shown on Registered Plan No. 999 and 1000. 92-245 A by-law to authorize the execution of an agreement with Lee Martin and Eda Martin respecting the compensation of certain land conveyed to the City in 1978. 92-246 A byqaw to amend By-law No. 91-232, being a by-law to accept Letters of Credit. 92-247 A by-law to authorize the installation of watermains as improvements to the water supply system in the Urban Service Areas of the City. 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. (Eastwood Cres/Hutton Ave.). 92-249 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. (St. Lawrence Ave./Rice Cresc.). 92-250 A by-law to authorize monies for General Purposes. (November 16, 1992). The motion Carried with Alderman Craitor abstaining from the vote on By-law 92-250 regarding a pecuniary interest previously noted and Alderman err abstaining from the vote on By-law Nos. 92-243 and 92-244 regarding a pecuniary interest previously noted and with all others voting in fayour. ***** NEW BUSINESS Correspondence from Alderman Coleman Bagu ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the correspondence from Alderman Coleman Bagu Sr. from Port Colborne be received and filed. Carried Unanimously. Christmas Poster Alderman Hendershot discussed the tr~e lighting ceremony to be held on November 29th in front of City Hall and displayed and provided copies of a Christmas poster which had becn designed by Acres for the occasion. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that a Ietter of thanks be forwarded to Elizabeth Teunis and Acres for their contribution to the design of the poster.., Cawled Uns. nimousty. -9- Conference on Global Awareness Alderman Craitor referred to his attendance at the 4th Annual Conference on Global Awareness where 450 Canadian and United States delegates had participated. Alderman Craitor indicated that Ms. Janet Hueglin was the recipient of the $250.00 donation towards a scholarship for the most outstanding student. Hvdro Increase Alderman Craitor referred to an article featured in the St. Catharines Standard on November 1 i, 1992 regarding a 1.97o hydro increase. Following some discussion it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that a report come back from staff regarding how the rate was passed on and how the figure was arrived at. Carried Unanimously. Installation of Railings Alderman Craitor referred to the four tower exits at the Niagara Falls Arena and indicated that there was no metal railing in the middle of the stairs. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that a report regarding the installation of a rail in all four stairwells be provided. Carried UnanimoUsly, Letter to the Editor Alderman Germane requested and obtained clarification of statements made in a Letter to the Editor in the Niagara Falls Review by Alderman Norm Puttick with respect to Conferences and Conventions. L~tter of Condolence ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that a leRer of condolence be forwarded to the family of the late Catharine (Caddie) McMullin, an active member in the Chippawa Lions Club and highly respected citizen of the community. Carried UnanimoUsly, Handicap Parking at Niagara Falls Arena Alderman Cummings referred to the lack of handicap parking spaces at the Niagara Falls Arena. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the maRer be referred to the Parking and Traffic Committee and to the Parks & Recreation Department for a report. Carried Unanimously, ORDERED on the motion of Alderman Cummings, seconded by Alderman Handarshot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, EC MAYOR WAYNE THOMSON THIRTY-SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 November 30, 1992 Council met on Monday, November 30, 1992 at 6:50 p.m. in Commjuee of the Whole. All members of Council, with the exception of Alderman Cummings, who was away on vacation, and Alderman Shetar, who was away due to illness, were present. Alderman Ward presided as Chairman. Following consideration of the items presented, the Committe~ of the Whole arose in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers November 30, 1992 Council met on Monday, November 30, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Cnmmings who was away on vacation, and Alderman Sherar, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Craitor offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the minutes of the Regular Council meeting of November 16, 1992 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Hendershot indicated a pecuniary interest on Report F-9245, Cheque No, 82223, because his son is employed by the company. Alderman Fisher indicated a pecuniary interest on Report MW-92-271; and By-law Nos. 92-262 and 92-266. Alderman Germano indicated a pecuniary interest on Report MW-92-271, because her husband is employed by the engineering firm; and Report MW-92-269, because of the close proximity to her residence. Alderman Orr indicated a pecuniary interest on Report F-9245, Cheque No. 82416, because a member of her family received funds. Alderman Cowan indicated a pecuniary interest on Report F-9245, Cheque No. 82681, because he is employed by the company. ,{ ~2- Alderman Craitor indicated a pecuniary interest on Report F-92-45, Cheque Nos. 82352; 82353; 82403 and 82732 because his wife is employed by the Region; and Cheque No. 82714, because he is a member on the Board of Directors. COMMUNICATIONS Communication No. 276 (a) - Township of North Piantagenet - Re: Resolution. The communication requests support of a resolution asking the Ministry of the Environment to reconsider shifting the administrative costs of operating water and sewage facilities as well as all routine testing to municipalities. Communication No. 276 Co) - Town ofMeaford - Re: Resolution. The communication requests support of a resolution objecting to the decision of the Ministry of the Environment regarding the re. assignment of responsibilities of administrative costs and laboratory testing fees. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the requests in Communications 276 (a) and Co) be endorsed. Carried Unanimously. Communication No. 277 - Ministry of Culture and Communications - Re: Proclamation. The communication requests Council proclaim February 15-21, 1993 as "Ontario Heritage Week". ORDERED on the motion of Alderman Craiter, seconded by Alderman Ward, that the request be approved subject to established policy and that the matter be referred to the Civic Committee. Carried Unanimously. Communication No. 278 - Regional Niagara, Office of the Clerk - Re: Stay in School Program. The communication requests that the municipality take an active interest in the "Stay in School Program". ORDERED on the motion of Alderman Craltor, seconded by Alderman Germane, that the matter be refeffed W the Social Planning Council and the Civic Committee. Carried Unanimously, Communication No. 279 - Regional Niagara, Acting Regional Clerk - Re: FCM Membership. The communication provides information indicating the Region not renewing FCM membership. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimously~ Communication No. 280 - Downtown Board of Management, Niagara Falls - Re: Annual Santa Walk. The communication requests permission to close Queen Street from Victoria Avenue to Erie Avenue on Saturday, December 19, 1992 from approximately 11:30 a.m. to 1:30 p.m. for the purpose of the Santa Walk. ORDERED on the motion of Alderman Germane, seconded by Alderman Susin, that the request be approved subject to established policy. Carried Unanimously. Communication No. 281 - City of Vaughan - Re: Resolution. The c6mmunication requests that Council endorse a resolution asking the Minister of Municipal Affairs to mend the Municipal Elections Act to provide municipal candidates the option of expending surplus campaign funds on a subsequent campaign or donating the funds to a charitable organization. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the communication be received and filed. The motion Carried with Alderman Ward voting contrary to the motion and with all others voting in favour. REPORT~{ B-92-78 - Chief Administrative Officer - Re: Property Standards Order; John Karagiannis; 6621 Lundy's Lane. The report recommends that the Corporation retain a towing contractor to forthwith complete the work which John Karagiannis was directed to carry out under the Order Of the Property Standards Officer, namely the removal of a derelict vehicle from the subject property. ORDBRBD on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ! -3- B-92-80 - Chief Administrative Officer - Re: Centre Handrails, Niagara Falls Memorial Arena. The report recommends that Council receive and file this report. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. B-92-81 - Chief Administrative Officer - Re: Designated Parking for the Physically Handicapped at Niagara Falls Memorial Arena. The report recommends that Council receive and file the information contained in the report. ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that the report be received and filed. Carried Unanimously. Teem Niagara Tourism Chairman - Re: Feasibility Study Financing; Multi-Purpose Facility. The report recommends that the City agree to financially participate in the cost of a Feasibility study for a Multi-Purpose Facility along with the Federal and Provincial Governments with an equal sharing of one third (1/3) of the cost. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. MW-92-259 - Chief Administrative Officer - Re: 1992 Capital Budget Projects. The report recommends that the by-laws for Valley Way and Stanley Avenue, appearing on tonight's agenda be passed and be given first, second and third readings, and be subject to O.M.B. approval. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion r.~ with Alderman Susin, abstaining from the vote on a conflict of interest, because his mother resides in the area; Alderman Germane, abstaining from the vote on a conflict of interest because of the close proximity of her residence; Alderman err abstaining from the vote on a conflict of interest, because a member of her family resides in the area and with all others voting in favour. .See By-law No. 92-265 See By-law No. 92-266 lVI~V-92-264 - Chief Administrative Officer - Re: Tenders for Supply, Treatment and Stockpiling of Winter Sand; 1992-1993 Winter Season. The report recommends that the tender for Supply and Delivery of Winter Sand, including the mixing of Salt with this sand, be awarded to Walker Brothers Quarries for the unit prices tendered by this company. ORDERED on the motion of Alderman Sualn, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MYV-92-270 - Chief Administrative Officer - Re: Grant Application Under Waste Management Improvement Program for the Solid Waste Management Program. The report recommends that the City make application for grants under the Waste Management Improvement Program for 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. gl. MSV-92-271 - Chief Administrative Officer - Re: Quotations for Engineering Design Services for: A) Project 93-107; Road Reconstruction, Storm and Sanitary Sewer Installations and Watermain for: i) Epworth Circle; ii) St. Lawrence Avenue (Jepson North to Epworth); iii) College Crescent (Eastwood to Epworth); iv) Wesley Place (Eastwood to Epworth); v) Kinenid Place (Victoria to Epworth); vi) Jepson Street (St. Lawrence to Victoria); vii) Rice Crescent 0epson to Ryerson); viii) Eastwood (Storm Sewer Only) from Wesley to Palmet; and B) Project 93-108, Road Reconstruction, Storm and Sanitary Sewer -4- -5- Installations and Watermain for: i) Eastwood Crestera; iD Ryeeson Crescent; iii) McGlashan Crescent (/epson to Ryenon); iv) Nelson Crescent (McGlashan to St. Lawrence); v) Hutton Avenue (Nelson to lopson). The report recommends that the lowest quotations received from F.J. Reintiers and Associates (Niagara) Limited for Project 93-107 and from Niagara Engineering Limited for Project 93-108 be accepted and staff he authorized to proceed to ~nalize the respective Consulting Engineering Agreements. ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the report be received and adopted. The motion Carried with Aldermen Fisher and Germane abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. M~V-92-273 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Recommandations, November 17, 1992 Meeting. The report recommends the following: MW-92-262 - Chainwood Avenue at Alfred Street; Traffic Operations - that 1) an all-way-stop control be installed at the intersection of Charnwood Avenue at Alfred Street for a six month trial period; and that 2) staff report back to the Committee following the six month trial period. MW-92-266 - Drummond Road at McLeod Road; Request for School Crossing Guard - that the mid-block school crossing location on McLeod Road and Heximer Avenue be ralocated to the signalized intersection of Drummond Road at McLeod Road and that a School Crossing Guard be provided to assist children. lVlW-92-267 - Swayze Drive - Heavy Vehicle Restriction - 1) that Heavy vehicles be prohibited on Swayze Drive between Stanley Avenue and Portage Road; 2) that 50 kmfh speed signs be installed on Swayze Drive at Stanley Avenue and at Portage Road; 3) that the Niagara Regional Police be requested to carry out strict enforcement of the 50 km/h speed limit on Swayze Drive. Municipal Parking Lot #17, Stanley Avenue - that the City request the Region to lease the land to the City for one dollar for the period from July l, 1992 to June 30, 1993 and that the lease agreement be re, viewed again next year. Downtown Board of ~anagement request Free Parking on Saturdays for December ~ 1) that there be free parking in the downtown area on Saturdays during the month of December and 2) that the Downtown Board make up the lost revenues. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. b) that approval be granted for the existing Pile #1 only, with the physical height and extent of this pile being indicated to ensure that no waste materials are added and a vegetative cover is maintained; 2) That a copy of this Report be sent to the Ministry of the Environment - We.st Central Region (Hamilton) and the Welland District Office. ORDERED on the motion of Alderman Cowan, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-92-148 - Planning & Greening Committee - Re: Action From The Environmental Planning & Groaning Committee Meeting of November 18, 1992. The report recommends that Council endorse the following revised action resulting from the November 18, 1992 meeting of the Environmental Planning and Groaning Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. F-92-45 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $327,687.12 for the period ending November 23, 1992, and the accounts totalling $1,799,712.98 for the period ending November 30, 1992, be approved by the passing of the by-law appearing later on the aganda. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 92-269 RATIFICATION OF FINANCE COMMITFEE ACTIONS ORDERED on the motion of Alderman Germane, seconded by Alderman Janvary, that the following action taken by the Finance Committee earlier this evening, be approved.~ 1. Adoption of Minutes of November 9, 1992, Joint Municipal Works and Finance CommiRee meeting. q,- .~ d~3Yli~e~f,~lv4~.~r~q,,' ,PPP~,~nea,~: Committee me~ting. Carried Unanimously. R-9241 - Chief Administrative Officer - Re: Roving Maintenance Crew. The report recommends that this report is provided for the information of Council. ORDERED on the motion of Alderman Puttlck, seconded by Alderman Hendershot, that the report be received and filed and fuRher that the matter be referred to the 1993 budget discussions. Carried Unanimously. PD-92-144 - Chief Administrative Officer - Re: Report on the 1992 South-Central Ontario Municipal Conference October 28th and 29th, 1992. The report recommends that this report be received and filed for information purposes. ORDERED on the motion of Alderman Ward, seconded by Alderman Handershot, that the report be received and filed. Carried Unanimously. PD-92-147-ChlefAdministrativeOffieer-Re ProposedWasteDisposalSltecLand~ll)Treibacharlnc. (General Abrasive); 3807 Stanley Avenue. The report recommends the following: 1) That Council offer no objections to the proposal for the Ministry of the Environment Certificate of Approval - Waste Disposal Site CLandrill) at Treibacher Inc. (General Abrasive), conditional upon: a) any stormwater discharge from the disposal area satisfying quality standards as regulated by the Ministry of the Environment;, CD-92-92 - Chid Administrative Officer - Re: Appointments to Various Boards, CommiRees and Commissions. The report recommends that an advertisement be placed in the local paper advising of vacancies which will occur, at the end of the current year, on certain Boards, Committees and Commissions, and inviting those citizens who wish to serve, to submit a request for appointment. (The requests must be submitted on forms available from the Clerk's Department). A further report will be prepared outlining the applications received, for Council's consideration at the meeting scheduled for December 21, 1992. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. CD-92-93 - Chid Administrative Officer - Re: Encroachment - 5768 Buchanan Avenue. The report recommends ffaat the application to permit the continuation of the encroachment of a building upon the Buchanan 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 Ward, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously, _ J -6- CD-92-94 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision - 'Valley View"; Owner: Lucia Colangelo, In Trust; File No. 26-CD-92001(1). The report recommends that the "Valley View Condominium Subdivision" be approved subject to the conditions enumerated in this Report. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-92-95 - Chief Administrative Officer - Re: User Fees for Services. The report recommends following: 1) That the "User Fees" to be increased and/or implemented as recommended by the various City Departments, outlined in the ANALYSIS Schedule attached to this Report, be adopted by Council; 2) That all increases and/or new fees take effect as of January 1, 1993, with the exception of Ice Rental Rates, which will take effect May 1, 1993; 3) That the appropriate mending by-laws be enacted at a subsequent Council Meeting; 4) That a new edition of the User Fees Pamphlet be produced, and copies be made available for distribution to members of Council, City Departments, and the general public. ORDERED on the motion of Alderman Bendershot, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest, because he owns burial plots and with all others voting in fayour. CD-92-96 - Chairman, LACAC - Re: Action Resulting from Local Architectural Conservation Advisory Committee (LACAC) September 9, 1992. The report recommends that Council approve the various actions as outlined in the minutes resulting from the September 9, 1992 meeting of LACAC. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanln~ously, 8-92-52 - Chief Administrative Off~cer - Re: The Establishment of Certain Lands as Publie Highways; Daylighting Triangle on Woodgate Street; Road Widening on Ellen Avenue; File No. 91-B3-028; 9 I-B3- 038. The report recommends that the by-law appearing on this evening's agenda, for the establishment of a daylighting triangle located at the intersection of Woodgate Street and Dorchester Road and a road widening located along Ellen Avenue as public highways, be passed. His Worship Mayor Thomson received a negative response to his request for a show of hands by persons who were interested in the application. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See .By-law No. 92-252 S-92-$3 - Chief Administrative Officer - Re: Conveyance of Surplus Municipal Lands Vacant Land; 6540 Bellevue Street; parts I and 2 on Reference Plan 59R-7831; File No. 91-C4-186. The report recommends that Council approve the by-law appearing on this evening's agenda authorizing the conveyance of certain lands to Iohn Varga and to Marlann Amber Farewell. ORDERED on the motion of Alderman Innvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No. 92-253 -7- RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cowan, seconded by Alderman Fisher, that the following action taken by Committee of the Whole earlier this evening, be approve. d. To ratify the Solicitor's action in requesting postponement of one day from November 30, 1992 to December 1, 1992 respecting Real estate transaction; and further, that Council agree to the request of T.G. Bright & Co. Limited to postpone/extend the closing date to March 1, 1993 provided that the request to pay interest on $1.8 million be wiffidrawn, failing which the transaction would close on December 1, 1992. Prior to dealing with the by-laws, His Worship Mayor Thomson referred to a matter regarding the construction of a building without a permit and following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the request for Mr. Jarinto to address Council be denied because of certain legal implications. Carried UnanimoUsly, RESOLUTIONS NO. 81 - COWAN - JANVARY - RESOLVED that the Corporation of the City of Niagara Falls hereby authorizes the submission of an Application for Grants under the Waste management Improvement Program and that the Mayor and Clerk be authorized to sign the Grant Application on behalf of the Corporation; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 82 - HENDERSHOT - FISHER - RESOLVED that the Council of the Corporation of the City of Niagara Falls at its meeting of November 30, 1992 approves the Niagara Falls Hydro Electric Commission request to borrow/debenture $1,000,000 to assist with the financing of the 1993 Capital Expenditure Program for improvements to the Utility's Distribution System; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, B~LAW$ ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, ~at leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-251 A by-law to authorize the execution of an agreement with Collee Wrecking & Recycling Ltd. for the demolition of two dwellings. A by-law to establish a certain daylighting triangle and road widening as public highways. A by-law to authorize ~e conveyance of certain lands to Mariann Amber Farewell and to John Varga. A by-law to amend By-law No. 73-159, as amended, being the Swimming Pool Fence By-law. 92455 A by-law to amend By-law No. 76-60, as amended, being a by-law ~especting buildings and building permits. (Items 1 to 8 of Schedule A) 92-2S6 A by-law to amend By-law No.76-60, as amended, being a by-law respecting buildings and building permits. (Schedule A of by-law 76-60, as amended by By-law 91-19) ...8 -8- -9- 92-257 A by-law to amend By-law No. 6328, 1963 as amended, being the Plumbing By-law. 92-258 A by-law to amend By-law No. 6661, 1964 as amended, with respect to signs in the City of Niagara Falls. 92-259 A by-law to amend By-law No. 85-60, as mended, being the Sewer By-law. 92-260 A by-law to amend By-law No. 85-60, 1985, as amended being the Sewer By-law. 92-261 A by-law to amend By-law No. 73-159, as amended, being the Swimming Pool Fence By-law. 92-262 ' A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended and By-law 79-200, as amended (AM-17/92). 92-263 A by-law to amend By-law No. 85-238, respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings (AM- 17192). 92-264 A by-law to temporarily close part of Queen Street and all respective side streets from Victoria Avenue to Erie Avenue. 92-265 A by-law to authorize infrastructure improvements of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers, watermains and services as required. (Stanley/McRae/Morrison). 92-266 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 as an improvement and extension to the sewage system in the Urban Service Areas of the City. O/alley Way/Portage/Drummond RdJ. 92-267 A by-law to ~/mend By-law No. 89-2000, being a by-law to regulate Parking and Traffic on City Roads. A by-law to authorize the payment of $327,687.12 for General Purposes. (November 23, 1992). 92-269 A by-law to authorize the payment of $1,799,712.98 for General Purposes (November 30, 1992). ~ The motion Carried with Aldermen Garmano, err and Susin abstaining from the vote on Byqaw No. 92- 265, regarding pecuniary interests previously noted; Aldermen Cruller, and Hendershot, abstaining from the vote on By-law No. 92-268 regarding pecuniary interests previously noted; and Aldermen Cowan and Orr, abstaining from the vote on By4aw No. 92-269 regarding pecuniary interests previously noted and with all others voting in fayout. ORDERED on the motion of Alderman Hendershot, seconded by Aidffman Cowan, that the following . by-laws be now read a second and third time: 92-251 A by-law to authorize the execution of an agreement with Collee Wrecking & Recycling Ltd. for the demolition of two dwellings. 92-252 A by-law to establish a certain daylighting triangle and road widening as public highways. 92-253 A by-law to authorize the conveyance of certain lands to Marlann Amber Farewell and to John Varga. 1 92-254 A by-law to amend By-law No. 73-159, as amended, being the Swimming Pool Fence By-law. 92-255 A by-law to amend By-law No. 76-60, as amended, being a by-law respecting buildings and building permits. (Items I to 8 of Schedule A) 92-256 A by-law to amend By-law N0.76-60, as amended, being a by-law respecting buildings and building permits. (Schedule A of by-law 76-60, as amended by By-law 91-19) 92-257 A by-law to amend By-law No. 6328, 1963 as amended, being the Plumbing By-law. 92-258 A by-law to amend By-law No. 6661, 1964 as amended, with respect to signs in the City of Niagara Fails. 92-259 A by-law to amend By-law No. 85-60, as amended, being the Sewer By-law. 92-260 A by-law to amend By-la~v No. 85-60, 1985, as amended being the Sewer By-law. 92-261 A by-law to amend By-law No. 73-159, as amended, being the Swimming Pool Fence By-law. 92-262 A by-law to amend Byqaw No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended and By-law 79-200, as amended (AM-17/92). 92-263 A by-law to amend By-law No. 85-238, respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings (AM- 17192). 92-264 A by-law to temporarily close pan of Queen Street and all respective side streets from Victoria Avenue to Erie Avenue. 92-265 A by-law to authorize infrastructure improvements of the' roads on certain streets and storm sewer installation, repairs or replacement of sanit~/ry sewers, watermains and services as required. (StanleylMcRaelMorrison). 92-266 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 as an improvement and extension to the sewage system in the Urban Service Areas of the City. O/alley Way/Portage/Drummond Ra.). 92-267 A by-law to amend By-law No. 89-2000, being a by-law to regulate Parking and Traffic on City Roads. 92-268 A by-law to authorizethepaymentof$327,687.12for GeneralPurposes. (November 23, 1992). 92-269 A by-law to authorize the payment of $1,799,712.98 for General Purposes (November 30, 1992). The motion Carried with Aldermen Germane, err and 8usin abstaining from the vote on By-law No. 92- 265, regarding pecuniary interests previously noted; Aldermen Craltor, and Hendershot, abstaining from the vote on By-law No. 92-268 regarding pecuniary interests previously noted; and Aldermen Cowan and err, abstaining from the vote on By-law No. 92-269 regarding pecuniary interests previously noted and with all others voting in fayour. - 10 - NEW BUSINESS Thank YoU Alderman Handershot thanked everyone concerned with regard to the Tree Lighting Ceremony that was held on November 29, 1992 in front of City Hall. Transfer Payments Alderman Susin referred to the hospital budget respecting a 2 % inorease and indicated there could be a problem if transfer payments from the Province were not received. Niagara Falls Board of Museums Alderman Ward resigned his position as a member on the Museum Board due to prior commitments. ORDERED on the motion of Alderman Headershot, seconded by Alderman Susin, that Alderman Shirley Fisher be appointed as a memb6r to the Museum Board. Carried Unanimously. Litter Problems Alderman Ward mentioned the litter problems in ditches along the Highways and referred to a program entitled "Adopt a Highway" where service clubs adopt a stretch of highway and proceed to do the clean up. ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the matter regarding 'adopt a highway" program be refei~ed to the Civic Commiftee for investigation. Carried Unanimously. Fabulous Five Alderman Janvary thanked Alderman HoMershot for supplying a picture of the Mayor's basketball team, "the Fabulous Five". Letters to the Editor Aideman Janvary referred to a recent Letters to the Editor article in the Niagara Falls Review of November 27, 1992 regarding the !andfill site and requested that the manor be looked into. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cow~, that a report be brought back to Council from Municipal Works regarding certain comments and accusations that had been expressed in the Niagara Falls Review. Carried Unanimously. Niagara SouthMarket Alderman Janvary referred to a proposed by-law amendment respecting prohibiting individual vendors f~om "helloring" or "crying" at markets in order to entice customers to their booths. Alderman Janvary requested that she be included in any future meetings or discussions that were to be hold regarding the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craltor, tha. t the meeting be adjourned. Carded Unanimously. RET~ ADD, i;2"d2 .................. MAYOR WAYNE THOMSON THIRTY-SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 December 7, 1992 Council met on Monday, December 7, 1992 at 5:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cummings, who was away on vacation, and Alderman Shetar, who was away due to illness, were present. Alderman Fisher presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers December 7, 1992 Council met on Monday, December 7, 1992 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Cummings who was away on vacation, and Alderman Sherat, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Ward offered the Opening Prayer. ADOPTION OF MINUTES Alderman Susin requested that the Minutes of the Regular Council meeting of November 30, 1992 be amended to indicate that Aldermen Germane, err and Susin, abstained from the vote on By-law No. 92-265 regarding pecuniary interests previously noted. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the Minutes of the Regular Council meeting of November 30, 1992 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Susin indicated a pecuniary interest on By-law No. 92-275, because he owns cemetery plots. Alderman Cowan indicated a pecuniary interest on Report No. F-92-46, Cheque No. 82780 and Communication No. 286, because his employer is involved. Aldermen Hendershot and Janvary indicated a pecuniary interest on Report F-92-46, Cheque No. 82855, because the recipient is their employer. Alderman Ward indicated a pecuniary interest on the Deputation involving Tr, ailar Parks, because he owns property between the two parks. Alderman Craitor indicated a pecuniary interest on Report No. F-92.46, Cheque No. 82872, because his wife is employed by the Region. -2- ! -3- WELCOME 12th Niagara Falls Wolf Cub Pack His Worship Mayor Thomson welcomed the 121h Niagara Falls Wolf Cub Pack from the Drununond Hill Presbyterian Church, accompanied hy their Leaders, Mike Bauer and Ruth and Gerry Van Allen, who at,ended Council to observe a Council meeting in session. 241h Niagara Falls Girl Guides His Worship Mayor Thomson welcomed the 241h Niagara Falls Girl Guides, who at,ended with their leader W observe a Council meeting in session. PRESENTATION Mayor Thomson presented Brenda Maggs, Building and Inspections Department and Laura Graham, Parks and Recreation Department, with a token of appreciation for their efforts in the United Way fundraising cabinet over the past 2 years. DEPUTATION Mr. Gabriel Mallouk, Mariner Realty Ltd., addressed Council regarding Scott's Trailer Park and Campark Resorts; referred to correspondence from Mr. Robert J. Miller, Hynde, Paul Associates Incorporated respecting "The Villages on the Lane" proposals. Mr. Mallouk indicated that the developers are prepared to enter into a site plan agreement to develop an upscale facility and requested that Council amend Section 5 of By-law 76-102 on a site specific basis to amend the occupancy period from six months to year-round occupancy. Barbara McArthur, on behalf of the trailer park residents, indicated the residents would like to be part of the proposed development and requested that Council look favourably on their request w amend the By-law. Communication No. 282 - Correspondence from Mariner Realty Ltd. - Re: The Villages on the Lane; Scott's Trailer Park; and Campark Resorts. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher that the Communication be received and filed. Carried Unanimously. ~ Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the matter be referred to staff for a report. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. COMMUNICATIONS Communication No, 283 - The Royal Canadian Naval Association - Re: Pwclamation. The communication requests Council proclaim April 251h to May 2rid, 1993, "Battle of the Aftantic Week" and that the White Ensign (traditional Navy Flag) be flown over City Hall during this time pariod. ORDERED on the motion of Alderman Cowan, seconded by Alderman Fisher, that the request be received and adopted subject W established policy. Carried Unanimously. Communication No. 284 - The Corporation of the City of Burlington - Re: Unsolici,ed Unaddressed Mail. The communication requests Council support a resolution requesting the Federation of Canadian Municipalities (FCM) to petition the Minister responsible for Canada Post to amend the Postal Act and corresponding Regulations to allow enviroamemally concerned Canadians the right to refuse unsolicited, unaddressed mail before it is delivered. ORDERED on the motion of Alderman Craltor, seconded by Alderman Germane, that the request he supported. Carried Unanimously. Communication No. 285 - Town of Newmarket - Re: Provincial Municipal Relations. The communication requests Council endorse a resolution asking the Provincial Government to refrain from implementing any initiatives impacting upon matters of local municipal concern. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the request be supported. Carried Unanimously. Communication No. 286 - Niagara Falls Humane Society - Re: By-law No. 75-253 - Running at Large. The communication requests Council endorse a recommendation to change section 3(a) of By-law 75-253 to reed: "No dog shall run at large and no person shall permit a dog owned by him to run at large in the City of Niagara Falls at any time". ORDERED on the motion of Alderman Ward, seconded by Alderman hnvary, that the request be received and adopted. The motion .C~rried with Alderman Cowan abstaining from the vote regarding a pecuniary interest previously noted and with all others voting in fayour. REPORTS B-92-82 - Chief Administrative Officer - Re: The Buildings & Inspections Department; Report for November, 1992. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Germane, that the report be received and filed. Carried Unanimously. MV~-92-285 - Chief Administrative Officer - Re: Sodium Chloride Tender. The report recommends that the tendered price for sodium chloride, at a cost of $36.28 from Akzo Salt Ltd. be accepted for 1992-1993 Winter Season, G.S.T., less the municipal G.S.T. rebate, plus provincial sales tax, will add an additional 11% to this cost. ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously, MW-92-288 - Chief Administrative Officer - Re: Temporary Turning Circle; North Limit of Hatper Drive. The report recommends the following: 1. That the By-law transferring ownership to Saverio Investments (Niagara) Ltd. and 800449 Ontario Ltd. be approved; 2. That the City retain an easement over parts 1,2 and 3, Plan 59R-7327 for the purpose of maintaining a temporary turning circle. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By4aw Ng, 92-271 MW-92-289 - Municipal Works Committee - Re: Municipal Works Committee Report: Municipal Newspaper Box Policy and Permit Update Report. The report recommends the following: 1. That By-law No. 92-214 (being a By-law to govern the placement of newspaper rending boxes on public streets and Municipal property) be amended as such that the newspaper yendine box companies be responsible for the general maintenance around the boxes; 2. That this mending By-law, appearing on tonight's Council Agenda, be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously, See By-law No. 92-270 IVBV-92-290 - Municipal Works Committee - Re: Municipal Works Committee Report: Request for Relief from Tipping Fees; Mr. P. Cain. The report recommends that Mr. Patrick Cain's request for relief of tipping fees in the amount of $940.00 be granted. ORDERED on the motion of Alderman Fisher, seconded by Alderman Germane, that the report be labled for one week. The motion Carried with Alderman Ward voting contrary to the motion and with all othexs voting in fayour. -4- MW-92-291 - Munleipal Works Committee - Re: Municipal Works Committee Report: Advisement of City's Policy on Applicable Fees upon obtaining Building and/or Demolition Permits. The report reco.'mnends the following: 1. That Advisement of the City's Policy on applicable Landfill Tipping Fees be made available when persons apply for appropriate Building and/or Demolition Permits; 2. That if endorsed, the resolution be forwarded to the appropriate Departments for inclusion. ORDERED on the motion of Alderman Craitor, seconded by Alderman 8usin, that the report be received and adopted. Carried Unanimously. See Resolution No. 84 RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the following action taken by the Municipal Works Committee earlier this evening, be approved. MW-92-226 - Condor Building Condominium; 5222 Portage Road (CNR Valley Way) conversion of Existing Rental Building to Condominium - Payment of Development Charge - that the Developer pay the Expansion and Renewal Fees of $760/unit (15 units = $11,400) as per Condition of Approval. Mayor Thomson opposed. MW-92-275 - Niagara North Board of Waste Management - 1993 Budget and Consultant Contract - that the City's portion of the 1993 Niagara North Board of Waste Management Budget in the amount of $113,300 be given pro-budget approval and the 1993 Contract with Proctor & Redfern Ltd., be approved. M'vV-92-286 - Surplus Regional Property on Morrison Street between Dorchester Road and the C.N.R. that the !and transfer arrangements between the Region, the City, and the 488745 Ontario Limited Mr. J. Cuviello as outlined in this report, be endorsed. The motion (;~rri~l with Alderman Janvary voting contrary to Report MW-92-275 and with all others voting in favour. R-9242 - Chief Administrative Officer - Re: Weaver Cemetery. The report recommends that Council support the petitioners' request to declare the Weaver Cemetery abandoned whereby the City would assume responsibility for the Cemetery's care and maintenance; and further that this action be deferred until 1994 due to budget restraints. ORDERED on the motion of Alderman gusin, seconded by Alderman Fisher, that the first recommendation be received and adopted and funher that the timing of implementation be referred to the 1993 budget discussions. Carried Unanimously, PD-92-151 - Chief Administrative Offleer - Re: Niagara River Hydroelectric Project Environmental Assessment Review. The report recommends the following: 1. That the Ministry of the Environment be advised that the City of Niagara Falls supports the approval of the Niagara River Hydroelectric Project subject to the following: (a) final approval of the project is to relate to the revised Environmental Assessment proposal consisting of the relocation of the station headworks, and more importantly, the daletion of the service shafts as originally proposed; Co) that the City be assured no construction of the project shall commence until the Community Impact Agreement has been ~nalized and signed by all panics; · (e) that the Ministry acknowledge Ontario Hydro will be providing an easement to the City of Niagara Falls along the western boundary of the Fairview Cemetery although there will be no service shaft in the cemetery; -5- (d) that the Ministry acknowledge that the City of Niagara Falls will assume responsibility for the establishment of a public information centre utilizing Hydro's displays and literature; That a copy of this report be forwarded to Ontario Hydro, Regional Municipality of Niagara and the Town of Niagara-on-the-Lake. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the report be received and adopted. Carried Unar..imously. F-92-46 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,676,833.17 for the period ending December 7, 1992, be approved by the passing of the by-law appearing later on the agenda. Following some discussion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Germane that Cheque #82806 be withheld until a funher report is received. Carried Unanimously, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, requesting a report on the number of cellular telephones in use and to investigate the cost saving methods. Carried Unanimously. Additional information was provided on Cheque No. 82171, ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be approved as amended. The motion Carried with Aldermen Cowan, Craitor, Hendershot and Janvary abstaining from the vote regarding pecuniary interests previously noted and with all others voting in favour. See By-law Ng, 92-278 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cowan, seconded by Alderman Fisher, that the following action taken by the Finance Committea earlier this evening, be approved. 1. Adoption of Minutes of November 30, 1992, of the Finance Committee meeting. 2. Niagara Transit - 1993 Fare Increases. The motion (~arrie~ with Alderman Susin voting contrary to the 1993 Fare Increases and with all others voting in fayour. CD-92-91 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal Act. The report recommends that a refund of taxes amounting to $1,386.15 for 1990 and a rebate of $1,515.13 for the year 1991 be made to 424093 Ontario Ltd. T/A Niagara Rainbow. His Worship Mayor Thomson received a negative response to his request for a show hands by persons who were interested in the application. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. C!)-92-99 - Chief Administrative Officer - Re: Appointment to Niagara District Airport Commission. The report recommends that Council include the appointment of Mr. Brian Olsen to the Airport Commission in the Appointment By-law scheduled for passage on December 21, 1992. ORDERED on the motion of Alderman Ward, seconded by Alderman Craltor, that the report be received and adopted. Carried Unanimously. -6- -7 - CD-92.101 - Chief Administrative Officer - Re: 1993 Council Schedule. The report recommends that Council pass the By-law appearing on this evening's agenda adopting a schedule of meetings for Council for 1993. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law 92-276 RATIFICATION OF COMMITI~E OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that matters regarding the Operational Review and Report HR-92-08 - Position of Compensation Administrator, discussed in Committee of the Whole on December 2, 1992 be Tabled. The motion Carried with Aldermen Hendershot and ]anydry voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the following action taken by Committee of the Whole earlier this evening, be approved. I) To retain Mr. Ross Duesmore for 1993 negotiations with firefighters; 2) To authorize the execution of an Agreement of Purchase and Sale respecting certain lands on Queen Street for the proposed Ministry of Tourism office building; 3) That Council not accept Mr. R Vahrmeyer's Offer to Settle. The motion Carried with Alderman err abstaining from the vote on Item//2, on a conflict of interest, because of the dose proximity of her residence and with all others voting in favour. RESOLUTIONS NO. 83 - GERMANe - SUSIN - RF. SOLVED that a get well message be forwarded to Alderman Ed Sherar, who had recently undergone heart surgery. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 84 - CRAITOR - SUBIN - RESOLVED that Advisement of the City's Policy on applicable Landfill Tipping Fees be made available when persons apply for appropriate Building and/or Demolition Permits. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and ,.he by-laws be reed a first time: 92-270 A by-law to amend By-law No. 92.214, being a by-law to govern the placament of newspaper veeding boxes on public streets and Municipal property. 92-271 A by-law to authorize the execution of a transfer/deed of land to 800449 Ontario Ltd. and Saverto Investments (Niagara),Inc., to accept a conveyance from the same companies. 92472 A by-law to establish Ice Rental Rates for City Arenas. 92-273 A by-law to amend By-law No. 83-161, as amended, being a By-law to prescribe a tariff of fees for the processing of applications made in respect of planning matters. 92474 A by-law to establish a fee for the processing of applications under the Rental Housing Protection Act. 92-275 A by-law to amend By-law 87-87, being a by-law regarding cemeteries. 92-276 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 92-277 WITHDRAWN. 92478 A by-law to authorize the payment of $2,676,833.17 for General Purposes. (December 07, 1992). 92-279 A by-law to authorize the execution of an Agreement of Purchase and Sale respecting the sale of land to Her Majesty the Queen in right of Ontario as represented by the Minister of Government Services. 92.280 A by-law to authorize the execution of a Development Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Government Services. The motion Carried with Aldermen Cowan, Craitor, Janvary and Hendershot abstaining from the vote on By-law No. 92-278, regarding pecuniary interests previously noted; Alderman Susin abstaining from the vote on By-law No. 92-275 regarding pecuniary interesB previously noted; and Alderman err abstaining from the vote on By-law Nos. 92-279 and 92-280, regarding pecuniary interests previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: 92-270 A by-law to amend By-law No. 92-214, being a by-Jaw to govern the placement of newspaper vending boxes on public streets and Municipal property. 92-271 A by-law to authorize the execution of a transfer/deed of land to 800449 Ontario Ltd. and Saverio Investments (Niagara) Inc., to accept a conveyance from the same companies. 92-272 A by-law to establish Ice Rental Rates for City Arenas. 92-273 Aby-law to amend By-law No. B3-161, as amended, being a By-law to prescribe a tariff of fees for the processing of applications made in respect of planning matters. 92-274 A by-law to establish a fee for the processing of applications under the Rental Housing Protection Act. 92-275 A by-law to amend By-law 87-87, being a by-law regarding cemeteries. 92476 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 92477 WITHDRAWN. 92-278 A by-law to authorize the payment of $2,676,833.17 for General Purposes. (December 07, 1992). 92-279 A by-law to authorize the execution of an Agreement of Purchase and Sale respecting the sale of land to Her Majesty the Queen in right of Ontario as represented by the Minister of Government Services. 92-280 A by-law to authorize the execution of a Development Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Government Services. -8- The motion Carried with Aldermen Cowan, Craitor, Janvary and Hendershot abstaining from the vote on By-law No. 92-278, regarding pecuniary interests previously noted; Alderman Susin abstaining from the vote on By-law No. 92-275 regarding pecuniary interests previously noted; and Alderman err abstaining from the vote on By-law Nos. 92-279 and 92-280, regarding pecuniary interests previously noted and with all others voting in fayour. NEW BUSINESS Niagara Regional Tourist Council Alderman Rendershot referred to his aRendance at the Niagara Regional Tourist Council; to the Niagara Region Convention Planner; a presentation at the St. Catharine's Museum regarding Black History and the Freedom Trail to Canada. It was indicated that Alderman Hendershot contact the St. Catharine's Museum regarding Wilma Morrison who is very knowledgeable in the black history of this area. Get Well Message ORDERED on the motion of Alderman Germano, seconded by Alderman Susin, that a get well message be forwarded to Alderman Ed Sherar, who has recently undergone uiple by-pass surgery. Carried Unanimously. Staff Christmas Party His Worship Mayor Thomson referred to the staff Christmas Party being held on Friday, December 11, 1992 at the Service Centre and invited everyone to attend. Special Council Meeting Following some discussion, it was determined that a Special Meeting of Council would be held on Tuesday, December 15, 1992 at 4:30 p.m. to deal with budget matters. ***** ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the me~ting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON THIRTY-EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 December 14, 1992 Council met on Monday, December 14, 1992 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Shetar, who was away due to illness, were present. Alderman Cowan presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, ............ MAYOR WAYNE THOMSON Council Chambers December I4, 1992 Council met on Monday, December 14, 1992 at 7:30 p.m. for the purpose of considering Planning and Regular Business. All members of Council, with the exception of Alderman Sherat, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Hendershot offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cowan indicated a pecuniary interest on By-law No. 92-284, because his employer is involved. Aldermart Craitor indicated a pecuniary interest on Report F-9247, Cheque No. 83821, because his wiI~ is employed by the Region. Alderman Germane indicated a pecuniary interest on Report S-92-56, because her daughter is cmploy,ed by the School Board. PLANNING MEETING PD-92-146 - Chief Administrative Officer - Re: Zoning By-law Amendment; AM-30/92, Cambridge Leasehold Ltd. 7555 Montrose Road, Niagara Square. The report recommends the following: 1. That Council support the proposed amendment to the Zoning By-law to permit a pinbali and electronic game machine establishment in the Niagara Square shopping mall; 2. That the amending by-law appearing in tonight's agenda be enacted by Council. - AND - Ct~mmunicatlon No. 287 - Regional Niagara, Planning & Development Department. The commtmication indicates as having no objection to the approval of the application. ...2 -2- - AND - Communication No. 288 - Regional Niagara, Public Works Department. The communication advises as having no objections to the zoning remaining Planned Shopping Centre Commercial (SC), with a site specific provision to be added to the current zoning. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act, The Director of Planning and Development read the Affidavit of the Clerk advising that the Notices of the Public Meeting had been forwarded to all persons assessed as of land within 120 metres of the subject lands on November 13, 1992. His Worship Mayor Thomson received indication that Mr. Michael Mielnichuk, General Manager, 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 lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-92-136; Planning Review; Background; Official Plan; Nature of the Zoning Change; Licensing; Impact; and Comments from the Public Notification Process. He advised that the Planning Department was recommending approval of the proposed amendment. 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 to his request for persons opposed to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-30/92 closed. ORDERED on the motion of Alderman PuRick, seconded by Alderman err, that the report be received and adopted. The motion Carried with Aldermen Cummings and Hendershot voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the communications be received and fried. Carried Unanimously. PD-92-149 - Chief Administrative Officer - Re: Proposed Plan of Subdivision 26T-92015 and Zoning By-law Amendment Application AM-24/92; Southgate Estates, 6690 Montrose Road. The report recommends the following: 1) That the proposed single family residential plan of subdivision and the corresponding Zoning By-law amendment not be approved in fayour of maintaining Council's recently adopted Official Plan policy regarding multiple family use of the subject lands, maintenance of building setbacks and separation distances between industrial residential land uses and the preservation of trees on the site; 2) That any consideration of a residential plan of subdivision on the lands as an alternative form of land use be subject to the commitment of additional properties to the south for subdivision development purposes. - AND - Communication No. 289 - Regional Niagara, Planning & Development Department. The communication indicates as having no objection to the approval of the application. - AND - Communica|lon No. 290 - Regional Niagara~ Regional Public Works Department. communistion indicates as having no objections to the application. The ...3 -3- - AND - Communication No. 291 - Trees Are Us, Liza Fare. The communication advises strong opposition to the proposed subdivision, and expresses concerns regarding traffic problems, and the preservation of trees in the area. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development read the Affidavit of the Clerk advising that the Notices of the Public Meeting had been forwarded to all persons assessed as of land within 120 moires of the subject lands on November 13, 1992. His Worship Mayor Thomson 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-92-145; Planning Review; Background; Subdivision Review; Neighbourhood Integration; Parkland; Trees; Dunn Street Extension; Nature of the Zone Change; and Comments from the Public Notification Process. The Director of Planning and Development indicated that the proposed project does not conform to the City's Official Plan and that staff was reluctant to support the development. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the app[icant or his agent, in support of the application, and received a negative response to his request for persons opposed to the application. Mr. Dante Marinelli, Solicitor, discussed the subject lands and rezoning from Light Industrial and Residential Apartment to Residential; addressed concerns regarding building setback; preservation ofexisting trees; and traffic congestion. Mr. Marinelli indicated thatby "shifting" the road 6 moires to the north would permit the lands to have commercial viability. An interested resident expressed concerns regarding the provision of sidewalks in the area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-24/92 closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the recommendations in the report not be approved; that the rezoning and subdivision be approved subject to the Plan regarding the northward shift of the roadway 6m and the dedication of a 6m strip along the southern boundary to facilitate future development on the adjacent lands and subject to a further report to Council specifying the required Conditions of Approval, The motion Carried with Aldermen Janvary and Fisher voting contrary to the motion and with all others voting in layout. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the communications be received and filed. Carried Unanimously, REGULAR COUNCIL MEETING ADOPTION OF MINUTES Alderman Susin requested that the Minutes of the Regular Council meeting of December 7, 1992 be amended to indicate he was opposed to the fare increases as outlined in the operating budget for Niagara Transit. ...4 -4- 5 ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the Regular Council Meeting Minutes of December 7, 1992 be adopted as mended. Carried Unanimously. DEPUTATIONS Santa Claus Parade Terry Willick invited Council to attend the festivities at the Canadian Corps Unit 104, following the Santa Claus Parade on Sunday, December 20, 1992, and thanked Council for their co-operation in permitting the a/tered parade route. His Worship Mayor Thomson thanked Mr. Willick for attending Council. Santa Claus Walk Margaret Nagy, Executive Director, Downtown Board of Management, Niagara Falls, thanked Council for granting permission to hold the Santa Claus Walk on Saturday, December 19, 1992, and referred to correspondence requesting Council waive the extra insurance and additional regarding placement of barriers. Communication No. 292 - Downtown Board of Management, Niagara Falls. The communication requests Council to consider waiving the extra insurance and additional fees for the placement of barriers. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded hy Alderman Craitor that Council agrees the amount of insurance in place is sufficient and further that the fe~ for the placement of barricades be waived. Carried Unanimously, COMMUNICATIONS Communication No. 293 ~ The Newark Niagara and Iroquois Rail Road - Re: Passenger Train Service. The communication requests Council consider a proposal reinstating the passenger train services between Niagara Falls and Niagara-on-the-Lake, Ontario. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the concept be endorsed and to convey best wishes for a successful endcavour. Carried Unanimously. Communication No. 294 - The Corporation of the Township of Hamilton - Re: Provincial Wetland Policy. The communication requests Council support a resolution to petition the Minister of Municipal Affairs to amend the Planning Act to provide municipalities with the authority to regulate or prohibit activities such as site grading, excavation, and the placing or dumping of fill and drainage works in order that a municipality may implement the Wetland policies in their Official Plan and zoning by-laws, to prevent further destruction of the wetland areas and to enforce the provisions in their planning documents. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the be be received and adopted. Carried Unanimously, Communication No. 295 - Liquor Control Board of Ontarlo - Re: Sunday openings. The communication provides information to allow on-site winery retail stores to remain openon Sundays. ORDERED on the motion of Alderman Ward, seconded by Alderman Cruller, that the communication be received and filed for the information of Council. Carried Unanimously, Communication No. 296 - The Compassionate Friends of Canada ~ Re: Proclamation. The communication requests Council proclaim June 20th to June 261h, 1993 as "Compassionate Friends Week", and inviting Council to attend The Compassionate Friends Children Remembered Memorial Dedication ceremonies of an official monument unveiling on Saturday, June 26, 1993 at 1:00 p.m. ORDERED on the motion of Alderman Hgnd~rshot, seconded by Alderman Craitor, that the request be approved subject to established policy. Carried Unanimously. Communication No. 297 - Alderbrook Displays - Re: 1992 Winter Festival of Lights. The communication provides information regarding the opening ceremonies for the 1992 Winter Festival of Lights. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 298 - Walker Industries Holdings Limited - Re: Recycling of Waste. The communication expresses concerns regarding old corrugated cardboard being handled by Niagara Recycling in the City of St. Catharines instead of utilizing a local company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the matter be referred to the Waste Management Sub-Committee. Carried Unanimously. Communication No. 299 - Walter W. Worden - Re: Twinning of Cities. The communication requests Council consider the twinning of Saint John, New Brunswick and Niagara Falls, Ontario. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the matter be referred to the Civic Committee. Carried Unanimously. Communication No. 300 - Daniel, Wilson, Solicitors - Re: QEW Mount Properties Inc. The communication provides information regarding the proposed Price Club decision to locate in the City of St. Catharines. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the communication be received and iliad for the information of Council. Carried Unanimously, Communication No. 301 - Niagara South Federation of Agriculture - Re: Exotic Animal By-laws. The communication requests an opportunity to express concerns at any future public meetings on the issue. ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the communication be received and filed for the information of Council; and further that the City Clerk notify the Federation of any future meetings. Carried Unanimously. Communication No. 302 - Shirley Martin, Minister of State Transport - Re: Executive Helicopters. The communication provides information regarding the Carrier conducting operations northeast of the "Old Willoughby" airstrip property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimously, REPORTS PD-92-152 - Chief Administrative Officer - Re: Update on the City's New Official Plan. The report recommends that City Council receive and file this report. ORDERED on the motion of Alderman Hendetshot, secondexl by Alderman Cummings, that the report be received and filed. Carried Unanimously, ,.,6 -6- -7 - PD-92-154 - Chief Administrative Officer - Re: Update Tourism Master Plan. The report recommends that the work program suggested in this report for completing the Tourism Master Plan be endorsed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-92-155 - Chief Administrative Officer - Re: Zoning Amendment Application AM-27/92; Ramada Fallsview Hotel, 6455 Buchanan Avenue; Determinationof Need for Further Public Meeting. The report recommends the following: 1. That Council, prior to the passing of the amending by-law for Ramada Fallsview Hotel expansion, determine by resolution, in accordance with Section 34(17) of the P/aaning Act, that the changes proposed to the by-law after the holding of the public meeting will not require the giving of a further notice; ~2. That Council enact the amending by-law in accordance with Section 34(18) of the Planning Act. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. See Resolution No. 85 See By-law No. 92-285 PD-92-156 - Chief Administrative Officer - Re: Proposed Asphalt Production Facility, City of Thorold. The report recommends the following: 1. That this report be received for Council's information; 2. That a copy of this report be sent to the City of Thorold for information purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the following actions taken by the Municipal Works Committee earlier this evening, be approved. Adoption of the Municipal Works Committee Minutes of December 2, 1992 and December 7, 1992. MW-92-280 - Yokum Road/Crowland Avenue Drainage - that the clean-up of the ditch system from Crowland Avenue to 450 moires west of Crowland Avenue not be carried out at this time; that any future request for ditching he initiated under the Drainage Act. - MW-92-278 - Sewer Surcharge Rate - that the existing 70% surcharge on water bills, which is used for sewage treatment and sanitary sewer purposes, be increased to 85% effective June 1, 1993 and that the corresponding amount be removed from the urban service area property tax; that the Water and Waste Water Sub Committe~ be requested to review our water and sewer charges as respects billing period, billing methods, water charges and other related matters so that Council may receive a recommendation on these matters early in 1993. - Communication from the Ontario Multi Material Recycling Incorporat~l (OMMRI), dated November 16, 1992 - that the communie, ation be referred to the Niagara Recycling Carried Unanimously F-92.47 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $375,494.12 for the period ending December 14, 1992, be approved by the passing of the by-law appearing later on the agenda. ...7 Additional information was provided on Cheque Nos. 82905; 82920; 82927; 82992; 83033, 83051. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote regarding a pecuniary interest previously noted and with all others voting in favour. CD-92-102 - Chief Administrative Officer - Re: Ministry of Municipal Affairs Publication - "Welcome to Local Government in Ontario". The report recommends that this report be received for information and the publication be made available to the general public. ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. CD-92-103 - Chief Administrative Officer - Re: Special Occasion Permit; Annual AI Reid Memorial Oldtimers 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 Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. CD-92-104 - Chief Administrative Officer - Re: AM-14/92, Restricted Area By-law; 92-238 & 92-240. The report recommends that Council reaffirm it's approval of By-law 92-238 and 92-240 in order that the Clerk may notify the Ontario Municipal Board of this at the same time as he forwards the By-Law and letter of objection to the Board with the request for a Hearing. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. S-92-56 - Chief Administrative Officer - Re: Sale of Surplus School Board Property; Allanthus Avenue; File No. 90-B3-047. The report recommends that City Council approve of the By-law appearing on tonight's agenda authorizing agreements between The Niagara Falls Y.W,C.A. Non Profit Housing Corporation and Stamford Kiwanis Non Profit Homes Inc. for the acquisition of lands from the Welland County Roman Catholic Separate School Board and the City of Niagara Falls. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the matter be deferred. The motion Carried with Alderman Germane abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. S-92-57 - Chief Administrative Officer - Re: Closing of a Public Lane Running North from Huron Street between Ontario Avenue & Erie Avenue; File No. 92-B3-146. The report recommends that the By-law appearing on this evening's agenda, for the closing of a public road running north from Huron Street between Ontario Avenue and Erie Avenue on Plan 999 and 1000, be passed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman err abstaining from the vote regarding a pecuniary interest, because of the close proximity of her residence and with all others voting in fayour. See By-law No. 92-281 RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the following actions taken by Committee of the Whole earlier this evening, be approved. - Report S-92-55 - That the City Solicitor be authorized to commence legal action against Kelly's Place, (619023 Ontario Inc.) to recover the outstanding water and sewage charges totalling $5,396.25 and to take all necessary steps in that regard. Operational Review - To direct the City's Compensation Administrator to conduct an Operational Review of our Corporation in order to recommend and implement revisions and adjustments to the present organizalion structure; ,.,8 -8 - -9- Report HR-92-08 - that the contract position of Compensation Administrator in the Human Resources Department be extended for one year. Aldermen Cowan, Cummings and err opposed. Carried Unanimously RESOLUTIONS No. 85 - HENDERSHOT - CUMMINGS - RESOLVED that Council does determine, in accordance with Section 34 (17) of the Planning Act, RSO, that the changes proposed to the Zoning By-law for Application AM-27/92 (577793 - Ontario Inc. - The Ramada Fallsview Hotel, 6455 Buchanan Avenue, North-west corner of Buchanan Avenue and Dixon Street), for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 86 - CUMMINGS - COWAN - RESOLVED THAT NOTWITHSTANDING ~e Council meeting 'schedule presently in effect for the month of December, 1992; BE IT RESOLVED that the meeting scheduled for Monday, December 21, 1992 be cancelled. AND the Seal of the Corporation be hercto affixed. Carried Unanimously. No. 87 - CUMMINGS - WARD - BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls endorse a request for a donation of $20.00 from the Mayor and each Councillor toward the purchase of The Most Valuable Local Player Awards in each of the five minor hockey divisions; BE IT FURTHER RESOLVED that these funds be obtained from the Mayor's contingency fund. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 88 - RENDERSHOT - WARD - RESOLVED that the Council of the Corporation of the City of Niagara Falls endorse a request that a donation of $I00.00 be donated to the Festival of Lights Basketball trophies. BE IT FURTHER RESOLVED that these funds be obtained from the Mayor's contingency fund. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 92-281 A by-law to stop up and close a public lane running north from Huron Street between Erie Avenue and Ontario Avenue. 92-282 WITHDRAWN. 92-283 WITHDRAWN. 92-284 A by-law to amendBy-law No. 75-253, being a by-lawtoprovideforthe liCensingand regulating the keeping ofdogs. 92-285 A by-law to amend By-law 79-200, as amended (AM-27/92) Ramada Fallsview By-law; 577793 Ontario Inc. 92-286" "" A by-law to authorize monies for General Purposes (December 14, 1992). 92-287 A by-law to authorize the extension of an agreement with Tony Ravenda, Compensation Administrator. 92-288 A by-law to amend By-law No. 79-200, as amended. (AM-30/92). The motion Carried with Alderman Cowan abstaining from the vote on By-law No. 92-284 regarding a pecuniary interest previously noted; Alderman Craitor abstaining from the vote on By-law No. 92-286 regarding a pecuniary interest previously noted; Alderman err abstaining from the vote on Byqaw No. 92-281 regarding a pecuniary interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the fbl lowing by-laws be now read a second and third time: 92-281 A by-law to stop up and close a public lane running north from Huron Street between Erie Avenue and Ontario Avenue. 92-282 WITHDRAWN. 92-283 WITHDRAWN. 92-284 A by-law to amend By-law No. 75-253, being a by-law to provide for the licensing and regulating the keeping of dogs. 92-285 A by-law to amend By-law 79-200, as amended (AM-27/92) Ramada Fallsview By-law; 577793 Ontario Inc. 92-286 A by-law to authorize monies for General Purposes (December 14, 1992). 92-287 A by-law to authorize the extension of an agreement with Tony Ravenda, Compensation Administrator. 92-288 A by-law to anaend By-law No. 79-200, as amended. (AM-30/92). The motion Carried with Alderman Cowan abstaining from the vote on By-law No. 92-284 regarding a pecuniary interest previously noted; Alderman Craitor abstaining from the vote on Byqaw No. 92-286 regarding a pecuniary interest previously noted; Alderman err abstaining from the vote on By-law No. 92-281 regarding a pecuniary interest previously noted and with all others voting in fayour. NEW BUSINESS Budget Discussions The City Clerk advised Council that the budget discussions would be held in Council Chambers at 6 p.m. on Tuesday, December 15, 1992. Festival of Lights The Director of Parks and Recreation provided an update on the New Year's Eve celebrations and the Festival of Lights featuring the Canadian rock group "Glass Tiger". ORDERED on the motion of Mayor Thomson, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, ................ MAYOR WAYNE THOMSON