The URL can be used to link to this page

Minutes1988FIRST MEETING COMMITTEE OF THE WHOLE Commi tree Room #1 January 4, 1988 Council met on Monday, January 4th, 1988 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Coville presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGULAR MEETING Council Chsnbers January 4, 1988 Council met on Monday, January 4th, 1988 at 7:30 p.m. for the purpose of considering regular business. All members of Council were present. His Worship Mayor 8meaton presided as Chairman. Alderman Herrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that t~e minutes of the meeting held December 21st, 1987, be adopted as printed. Carried Unanimously. DEPUTATION BINGO - Communication No. 1 - Hr. Itario Pingue/R~man Court - Re: Marpin Holdings Ltd. The communication requests permission to address Council regarding late night Friday Bingo at the Roman Court. ' Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bfngos. Mr. Anthony Wellenreiter, Solicitor representing Mr. Mario Pingue, made a presentation on behalf of Royal Bingo holding Midnite Madness on Friday evenings for the last four years and requesting 'Council to amend their policy whereby only two late night Bingos be permitted per evening and that if one of the three groups operating on Friday ceased to run, the number of late night Bingos for Friday evening revert to two. He stated that the absence of Midnight Madness would hurt the profits of the charitable organization holding a regular bingo on that night, and further that the hall is providing a service to the community, and as such, th~ position of the hall owner should be considered. -2- - 3 - Aideman Baker informed Council that he had spoken to Linda Holly, president, and June Secrist, Treasurer, of the Humane Society-Ladies Auxiliary, and discovered that the reason the group had made the decision to move from Roman Court was because they were continually losing money on Friday late night bingos. He stated that the group had decided to renew their three-month lease for October to December, 1987 because Mr. Pingue had promised them a $400.00 profit per bingo but had not held up to that agreement. Miss Barbara G. Scott, Deputy City Clerk, explained that the group had of their own accord considered moving during the period from July to September, 1987 and then decided to continue from October to December, 1987 because of Mr. Pingue's promise that they would make more profits. During twelve bingos from October to December, 1987 the group lost money on five nights, and their average proceeds were only 8% which is considerably below the 20% net proceeds which Provincial Terms and Conditions require. Therefore, the group decided to move as they were constantly losing money. Alderman Campbell questioned whether the licence of any particular group had in fact been cancelled because of not meeting the 20% profit. The Deputy City Clerk stated that to her knowledge no licence to date had been cancelled .fo~.~his reason. ~'L~ldern~a~*Ch~'Sman neiterated the advice received from the Province in September, 1986 that Bingo~ should be operated for the benefit of the charities and not for commercial halls, and that any expansion should be governed by acceptable profits for the licencees. ORDERED on the motion of Aideman Baker, seconded by Alderman Cheesman, that the policy adopted by Council in September, 1986 that the number of late night Bingos permitted per evening remain at two. The motion Carried with the following Vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay and Puttick. NAYE: Alderman Campbell. UNFINISHED BUSINESS GO TRANSIT SYSTEM - Request of the Regional Municipality of Niagara - Re: Requesting that the City support the Region's position in recognizing the potential need for an 'introduction of the GO system in Niagara Falls. - AND - Communication No. 2 - Honourable Ed Fulton, Minister - Re: Communication advising that the Ministry Staff would be bappy to look jointly with the Region at the Region's transportation needs. ORDERED on the motion of Alderman Chessman, seconded Dy Alderman Janvary~ that the communication be received and filed. Carried Unanimously. REPORT B-87-98, 4294 ELLIS STREET - Report of the Chief Administrative Officer - Re: The report recommends that Council pass a by-law permtttiug the owner or his agent of 4302 Ellis Street to enter upon any adjoining land for the purpose of making ~epairs, alterations or improvements. Mr. Pasquale Viscust, the owner of 4294 Ellis Street, voiced his strong opposition to Council passing a by-law to enable his neighbout, Mr. Donald Lambertson, the owner of 4302 Ellis Street~ to use part of his property to make repairs to his chimney and roof. Mr. Lambertson stated that the repairs to his chimney would require a scaffold to be erected on the driveway of Mr. Viscusi's property for one day to make the necessary repairs. After a discussion between the two parties, His Worship Mayor Smeaton suggested that they meet privately outside the Council Chambers to try and resolve their differences in a fifteen minute session. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, that the matter be tabled for fifteen minutes to allow the two parties concerned to try to come to an amicable solution. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen Baker, Orr and Puttick. COMMUNICATIONS No. 3 - Mr. T~m Carlini, President, Club Italia - Re: First Club Italia Bicycle Race. The communication requests permission to use an alternate route for the races to be held on July 17, 1988 and attaches a copy of the new route to be used. ORDERED on the motion of Alderman 3anvary, seconded by Alderman Hopkins, tha~ the request be approved. Carried Unanimously. No. 4 - Greater Niagara Big Sister Association - Re; Big Sister Week. The communication requests permission to hang banners announcing Big Sister Week across Ferry Street near Main Street and Stanley Avenue at Morrison Street from February 1st to 15th, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the request be approved subject to the group obtaining approval from the Niagara Falls Hydro and the Regional Municipality of Niagara. Carried Unanimously. No. 5 - Regional Councillor Peter Sobol - Re: Suggested Report Form on a monthly basis regarding complaints/inquiries received respecting the No Smoking By-Law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be referred to Staff for possible use. Carried Unanimously. No. 6 - City of Kitchener - Re: Resolution relative to the issue of Sunday retail store hours. The con~nunication requests Council to endorse the resolution. ORDERED on the motion of Alderman Campbell, seconded by Alderman Baker, that the resolution be endorsed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins, Janvary, Orr and Puttick. NAYE: Aldermen Cummings and Pay. No. 7 - City of Waterloo - Re: Resolution regarding Sunday Shopping. The communication requests Council to endorse the resolution. ORDERED on the motion of Alderman Campbell, seconded by Alderman Coville, that the resolution be endorsed. Carried Unanimously. No. 8 - City of Stoney Creek - Re: Invitation to attend the Workshop "Your Recreation Committee". The communication invites members of Council and the Recreation Conmittee to attend the workshop sponsored by the Ministry of Tourism and Recreation to be held at the Stoney Creek Scout Hall on Saturday, February 6th, 1988 from 9:00 a.m. to 4:00 p.m. -4 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the communication be received and referred to the Recreation Department for possible attendance by the new members on the Recreation Con~nission. Carried Unanimously- REPORTS CD-88-1 - Chief Administrative Officer - Re: proposed Plan of Condominium Subdivision, 6381Dunn Street, Cameo Homes (Niagara) Limited. The report reconrnends that the City Clerk be authorized to process the application for the "6381Dunn Street" Condominium Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc.. Mr. Glenn Barr, Engineer from Upper Canada Consultants, advised that he would be pleased to answer any questions regarding this plan. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously- F-88-1 - Chief AdminiStrative Officer - Re: 1988 Short Term Borrowing For Current Purposes. The report recommends that Council pass the by-law appearing on this evening's agenda to authorize the borrowing to an upset limit of $10,000,000.00 for current expenditures for the year 1988. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-88-2 - Finance C~""mittee - Re: 1) 2) 3) 4) 5) 6) Finance Cor~nittee, December 21, 1987 Meeting: 1988 Risk Management Report AgO Membership Status of Taxes at October 31, 1987 Ten Month Statement of Revenue and Expenditure Niagara Falls Library Statements of Revenue and Expenditure for September and October, 1987 Niagara Falls Humane Society Statement of Revenue and Expenditure for October, 1987 The Finance Committee recommends that Council: 1) Review and approve the contents of the 1988 Risk Management Report 2) Approve the 1988 AgO Membership invoice for payment 3) Receive and file for information the report on the Status of Taxes at October 31, 1987 4), 5) & 6) Receive and file for information the revenue and expenditure reports for the City Tax Supported Services, Water Supply System, Parking Fund, Niagara Falls Public Library and the Niagara Falls Humane Society. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that reco~nendations l and 2 be approved and reeormnendations 3, 4, 5 and 6 be received and filed for information purposes. Carried Unanimously. F-88-3 - Chief Administrative Officer - Re: Unconditional Grants Prqgrem. The report recommends that the report be received and filed for information. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrtngton~ that the report be received and filed. Carried Unanimously. F-88-4 - Chief Administrative Officer - Re: Municipal' Accounts. The report recon~ends that the accounts totalling $1,001,834.00 for the period ending January 4th, 1988 be approved by the passing of the by-law appearing later on the agenda. - 5 - Alderman Baker declared a conflict of interest on Cheque No. 29780 because he has invested in the company. Alderman Campbell declared a conflict of interest on Cheque Nos. 29610 and 29778 because the o~ganization is a client. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 29625, 29626, 29649 and 29663 because he is employed with the company. Additional information was provided on Cheque Nos. 29614, 29662 and 29780. ORDERED on the motion of Alderman Coville, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Aldermen Baker, Campbell and Hinsperger abstaining from the vote on Cheque Nos. 29780, 29610, 29778, 29625, 29626, 29649 and 29663 consecutively, on conflicts of interest previously recorded; and with all others voting in fayour. REPORT B-87-98, 4294 ELLIS STREET CONTINUED At this point, Messrs. Viscusi and Lambertson re-entered the Council Chambers. Mr. Viscusi advised Council that he would allow Mr. Lambertson's contractors to use his property for one day from 8:00 a.m. to 5:00 p.m. Mr. Viscusi further stated that this would be subject to Mr. Lambertson depositing $500.00 in care of damage to his home. Mr. Lambertson indicated that he was not agreeable to this condition. ORDERED on the motion of Aiderman Cheesman, and seconded by Alderman Hinsperger, that the report be received and adopted and that the by-law appearing later on the agenda be passed. Carried Unanimously. B-88-1 - Chief Administrative Officer - Re: Entranceway Soffit - City Hall. The report recommends that Council accept the quotation in the amount of $6,455.00 being the low bid submitted by Rison Construction for the replacement of the soffit over the front entrance to City Hall. Alderman Cummings declared a conflict of interest because he is employed by the firm which provided the design of the soffit. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded; and with ~11 others voting in favour. B-87-92 - Chief Administrative Officer - Re: Sign By-law Amendment. The report recommends that City Council approve the by-law appearing on tonight's agenda, which will amend the City's general Sign By-law No. 6661, as amended. ORDERED on the motion of Alderman Baker, and seconded by Alderman Hinsperger, that the report be adopted. Alderman Puttick suggee ted that the comments dealt with in Committee of the Whole be repeated and ratified in open Council. Alderman Cheesman suggested that Council should be careful in the ratification of this item because of legal implications respecting parts of the proposed by-law. Alderman Puttick asked the City Solicitor to repeat the statements that he made in Committee of the Whole. Mr. E.P. Lugrig, City Solicitor, stated that he would rather not unless directed by a motion of Council. He said that he would not provide the information at the request of an individual Alderman. t' i r ' ~ ' i fa~eBy_law which had.b~en-handed out duri~ ~e Council"meeti~ -No.. ~-2 - A by-law to authorize the borrowi~ of $10,000,000.00 for current Followi~ considerable discussion,. ~e,motion~Carried wi~:~he followi~: '~': . . ~: . , ~ ' ~ L~/~:~. 88-3 -A by-law to pemit.the ouer of a buildin8 at 4302 Ellis Street to ~ :' :~ enter upon adjoinin8 land for the purpose of makin~ repairs to such -' building. ~A~: · ~Aldemen ~ker, C~pbell, Chessman, C0ville, C~i~s,/Harri~t°n,~' , . ~/::h:~{},.l ~ . >' .~=: ,' .~. 884 - A by-law to ~end By-law No. 6340, providing for the erection of ~insperSer and Janvary. , -.,y . ~ ~ ~{ yield right-of-way si~ns at certain intersections in the Municipality. ~ , ~ . , (ReEan Drive and ~ttell Drive) ~ ~ Alde~en,Hopkins, Orr, pay%andPuttick- < ~:,,~ ~ ~' :' ' : ~ }' : No. 88-5 - A by-law to ~end By-law No. ~9-200, as ~ended (~-18/87, Fidelity ~<?;~l!:~ Leather & Vinyl Products Ltd,, 4256 Montrose .Road). Report PD-87-94 ~SOLUTION* approved by Council July 13, 1987 A by-law to ~end By-law No, 85-238 respecting classes of develo~ent / "* "' that may be Undertaken in site plan control areas without the approval the fmily of the late Mr. Allan McKenzie (~x) Fairbarn, a well respected ~:f~-6 - of the c~unity; and a valued City ~ployee for manyffyears., ' of plans and drawings o~e~ise required under subsection 4 or :,,~, FLdel/ty Lea~er ~ Vtnyl-Products) : ' :' ' ~ ' ' -, ~" by-law to .u~oriz. the borrowi~,of $10,000~00.O.00/for current ~ fl}~X~, ~ ' :" '" "' 'expenditures/for :~e year= 1988. ' ?,d ldeman C~inS~ re~eived a ~etter from the ReSion~l Police and ~a~ concerned <.;: ,:~er the fa~t that twentl-~o speedinS charSee h~d been 'laid b~ the Police and <)~nter 'upon adjoining land:for=~the pu~p~osa toflm~kinS/repairs to such. / i ~end By-law: ,No · 6340, proyi~ins for the.~erection of. ~ ,ield right-of-way signs ~t certain~inte~sec~ionS/in ~e~Munic~pality- ;; l.c,(ReSan/Drive/and:Ca%telI Drive) f'~:}~,~,(~l?:/~ <~"=z ,:~f ?/~j :ff A' d F ' * .:f. thatyoung children could Set hur~, He suszested that perhaps the installation :')~of two-way'stop signs atthe intersect/ion would be beneficial, He further ~/.~j~'r~/quested :/that ~the matter be referred to :the 'Parkins and Traffic Connittee, : .~ '> ,:': ' ,:, ,- .. , ,.*V=': ,--,:: .;1,.. ;, .,.. ,0...,.. ,,.0.., "{'-:~ ..to, t. isn.,n~ ~.t ..,th.p.._,~l~-.i,n .,ou~d re,l.e. the .top .iSn..e .1.o :',~.. . . ._ , ,: , , :,..: -8 - Ol~.npic Torch Relay - Alderman Janvary displayed a plaque that was donated to the citizens of the City of Niagara Falls to be placed in the Council Chambers. She recommended that letters be sent from the Mayor's office to all those involved in the organization of the successful event. Alderman Janvary complimented all the people who participated in the event on a job well done. His Worship Mayor Smeaton expressed his appreciation and complimented Mr. Bob Sones, Director of Parks and Recreation, as the key co-ordinator of the project who had devoted much of his time and effort towards its success. Alderman Cummings commended Alderman Janvsry, Acting Mayor at the time, for her excellent speech at the event. After further discussion, His Worship Mayor Smeaton stated that he was very pleased that the Olympic Torch Relay had become a Canada-Wide Event with so many municipalities taking part, and not just Calgary and Ottawa, and that the City of Niagara Falls had been actively involved. MINISTRY OF INE ENVIRONMENT: Niagara River Improv~nent Project - Alderman Harrington informed Council that the Ministry currently has an office established in Hamilton and requested that a letter be forwarded to the Ministry of the Environment requesting them to establish an office in the City of Niagara Falls as well. FREE TRADE: Resolution Regarding Free Trade - Alderman Harrington read a resolution concerning Free Trade and the impact that it will have on Canadians. He requested Council's endorsation of the resolution. SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 11, 1988 Council met on Monday, January 11, 1988 at 5:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Baker presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, PLANNING/REGULAR MEETING Council Chambers January 11, 1988 Council met on Monday, January llth, 1988 at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins offered the Opening Prayer. After a lenghty discussion, it was felt that Council should not take a stand on the issue until further information is received. ORDERED on the motion of Aiderman Cheesman, seconded by Aideman Campbell, that the matter be tabled until further information has been received. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Hinsperger, Janvary, Orr, Pay and Puttick. NAYE: Aldermen Baker, Cummings, Harrington and B.opktns. ***** It was moved by Aideman Cummings, seconded by Aideman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ITY CLERK ADOPTION OF MINUTES Alderman Hopkins requested that the minutes of the meeting held on January 4, 1988 be amended as follows under New Business: l) Niagara Rive~ Improvement Project - that on motion of Alderman Harrington, seconded by Alderman Coville, a letter be forwarded to the Ministry of the Environment requesting them to establish an office in the City of Niagara Falls. 2) Resolution Regarding Free Trade - that on motion of Alderman Harrington, seconded by Alderman Hopkins, the following resolution be endorsed: WHEREAS the recently signed Free Trade pact between Canada and the United States will have far-reaching impacts on the economic future of Canada; and WHEREAS the complexity and nature of the pact is such that few Canadians know enough about the possible positive and negative ramifications of the agreement on the Canadian economy, Canadian culture and Canadian social programs; BE IT THEREFORE RESOLVED that the Council of the City of Niagara Falls petition our Federal Members of Parliament to call upon the Government of Canada 1. Delay the Passage of the Free Trade Pact to allow for more extensive debate Across Canada on the final effects of the agreement. 2. Allow for more open Debate in the House of Commons. Conclude these two articles of debate with a Federal Election or National Referendum so that the people of Canada can express their views on the Free Trade agreement. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the minutes of the meeting held on January 4, 1988 be adopted as printed and amended· Carried Unanimously. -2- REPORTS - PLANNING MATTERS PD-88-3 - Chief Administrative Officer - Re: AM-2/88, Forest Glen Subdivision, Thorold Stone Road. The report recommends the following: 1) That Council support the subject application to fezone the lands Single Family Residential (R1B). 2) That the following amendments be incorporated in the rezoning by-laws: i) an increase to the minimum lot frontage for interior lots from 18.0 metres (59.0 feet) to 19.5 mettea (64.1 feet), ii) an increase to the minimum lot frontage for exterior lots from 18.0 metres (59.0 feet) to 22.5 metres (73.8 feet), iii) a reduction to the maximum lot coverage from 40 percent to 33.3 percent of lot area, '~ iv)~ ~o lnclu4e a minimum landscaped open space of 33.3 percent of lot area. 3) That the lands be exempt from Part Lot Control, until such time as all lands are sold in accordance with the lotring, as indicated on the reference plan. 4) That the applicant enter into a revised subdivision agreement with the Municipality and that this revised agreement include a provision that berming and landscaping be employed along the frontage of Thorold Stone Road. - AND - Communication No. 9 - Regional Niagara Planning & Development Department - Re: Preliminary Rezoning Application, Revisions to the Forest Glen Estates Subdivision, Thorold Stone Road, east of Kalar Road. The communication advises that the Regional Planning Staff are not opposed to the approval of the proposed revisions to the subdivision and to the related zoning amendment and that the Regional Public Works Staff have no objections to the proposed rezoning. His Worship Mayor Smeaton declared the Public Meeting open, and reviewed the procedure to be followed under the Planning Act, 1983. The City Clerk explained that the applicant is proposing to amend Zoning By-law 85-133 which zones the lands Residential Mixed Zone (R3) for the purpose of fourplex and sixplex units to Single Family Residential (RIB) for the purpose of constructing 26 single family dwellings. The Clerk advised that Notices of' the Public Meeting were forwarded on December 10, 1987. Mr. William Slovak, of Slovak, Sinclair, Crowe, Mann, Stockton & Henderson, Barristers and Solicitors indicated his presence on behalf of Forest Glen Estates Subdivision, the Applicant. A negative response was received regarding Mayor Smeaton's request for a show of hands from persons interested in the application, Mayor Smeaton asked that all persons wishing to receive further notice of the passing of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the subject lands with the assistance of posted sketches. Me reviewed the following information contained in the Technical Report: Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land use; and Planning Review· The Planning Director replied to.questions raised with respect to site plan control and availability of housing. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant~ in support of or opposed to the application· Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Coyills, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. 3 PD-88-9 - Chief Administrative Officer - Re: AM-42/87, 527786 Ontario Limited - Mountaingate Estates. The report recommends the following: 1) That Council support the proposed rezoning of the subject lands, as submitted. 2) That staff be directed to prepare the amending by-law, which reflects the application submitted, for Council's approval at such time as the subdivision agreement is being entered into. 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 10 - Regional Niagara Planning & Development Department - Re: Preliminary Rezoning Application, Mountaingate Estates Subdivision, Portage Road, south of Mountain Road. The communication advises that the Regional Planning Staff have no objection to the proposed zoning amendment which will implement the plan of subdivision granted draft approval by the Region, and that the Regional Public Works Staff also have no objection. His Worship Mayor Smeaton declared the Public Meeting open, and stated that the same procedure, as in the previous application, would be followed. The Clerk explained that the lands are presently the subject of an approved draft plan of subdivision, Mountaingate Estates. The applicant is proposing to amend Zoning By-law 79-200 to permit the development of the property as a single family residential neighbourhood. The Clerk advised that Notices of the Public Meeting were forwarded on December 10, 1987. A positive response was received to Mayor Smeaton's request for an indication of the presence of the Applicant or his agent, and persons present who were in fayour of, or opposed to the application. He asked that persons wishing to receive further notice of the passing of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the subject lands with the assistance of posted sketches. He reviewed the following information contained in the Technical Report: Development Proposal; Zoning By-law Amendment; Official Plan; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. Regional Councillor Peter Sobol raised concerns regarding strange gassy odours coming out of the tankers in the area. Mr. Jack Lee, 2714 St. Paul Avenue, stated that he was opposed to the application because of the proximity of the proposed subdivision to an industrial area. He plans to erect a building for manufacturing activities which will create noise and traffic round the clock. Further discussion followed with respect to environmental issues in the subject area. ~. Mr. Ray Matthews, indicated his presence on behalf of 527786 Ontario Limited, the Applicant. He stated that the subdivision has been approved by City Council and Regional Council, and that the environmental issues will be addressed. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously~ PD-88-10 - Chief Administrative Officer - Re: Zoning Amendment Application AM-43/87; Deborah Myers, Lyon's Creek Road. The report recommends the following: l) That Council support the proposed rezoning of the subject lands conditional upon the applicant obtaining all necessary permits from the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Regional Health Services Department. -4- 2) That staff be directed to prepare the amending by-law which reflects the application submitted, as well as the various conditions imposed by the commenting agencies for enactment at a subsequent meeting of Council. 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 11 - Ministry of Agriculture and Food - Re: Zoning By-law Amendment, Part of Lot 16, Concession 5 (formerly Willoughby Township). The communication advises that the Ministry of Agriculture and Food have no objection as the proposed rezoning will allow a residence to be erected upon a vacant lot of record. - AND - Communication No. 12 - Regional Niagara Planning & Development Department - Re: Preliminary Application, Proposed Single Family Dwelling, Lyons Creek Road, east of Beck Road. The communication advises that the Regional Planning Staff can support this proposal only if the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Regional Health Services Department determine that the developable area of the property 'is large enough to support a dwelling and a septic tile bed disposal system, and only if the development of this site will not result in any significant adverse environmental impacts. The communication further states that Regional Public Works Staff have no objection to the proposed rezoning, subject to road widening. - AND - Communication No. 13 - Regional Niagara Health Services Department - Re: Zoning Amendment Application AM-43/87. The communication advises that the Health Services Department is not in favour of the application, due to the fact that most of this lot, as it exists presently, is below the Flood Plain making it not conducive to septic system installation, and thereby, contrary to the Environmental Protection Act. His Worship Mayor Smeaton declared the Public meeting open and stated that ths procedure under the Planning Act, 1983, would be followed as in the previous applications. The Clerk advised that the lands are presently zoned Conservation - Open Space which does not permit the construction of residential dwellings. The applicant is proposing to amend Zoning by-law No. 395, 1966 of the former Township of Willoughby by adding a special provision to the zone to facilitate the construction of a single family dwelling. The Clerk further advised that the Notices of the Public meeting were forwarded on December 11, 1987. Mayor Smeaton received a positive response to his request for an indication of persons present who were in favour of, or opposed to the application. He asked all persons wishing to receive further notice of the passing of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. Mr. Dennis Kane, a nearby resident, expressed support of the development in the subject area. The Planning Director discussed the subject lands with the assistance of the posted sketches, and reviewed the following information in the Technical Reports: Development Proposal; Zoning By-law Amendment; Official Plan, ' Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. Aldermen Hopkins and Coville expressed concerns that the applicant was filling in portions of the property, possibly beyond the fill lines before he had received required permits. Following a brief discussion concerning permits from the Conservation Authority, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted· The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coyills, Cummings, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Aldermen Baker, Marrington, a, nd Puttick, PD-8g-ll - Chief Administrative Officer - Re: Zoning Amendment Application AM-4/88; C. Rigas, 5559 Portage Road. The report recommends the following: 1) That Council approve the subject application for the conversion of a music shop to a care. 2) That the applicant provide one parking space above the requirements of the Zoning By-law through a minor reduction in the number of seats proposed. 3) That the Applicant provide a minimum landscaped open space of 35% of the lot area in accordance with the provisions of the R5B zoning category. 4) That any road widenings required be dedicated to the Region. Communication No. 13A- Petition from Residents - Re: AM-4/88, 5559 Portage Road. The petition signed by a number of concerned residents of the area, opposes the application. Communication No. 14 - Dr. K.N. Reddy - Re: Zoning Amendment Application AM-4/88, 5559 Portage Road. The communication advises that he is the owner of the property at 5515 Portage Road and that he has no objections to the proposed rezoning application. Communication No. 15 - Bloom & Basket - Re: Zoning Amendment Application AM--4/88, C- Rigas, 5559 Portage Road. The communication advises that the owners of the Bloom & Basket have no objections to the proposed amendment~ subject to the proposed erection of a fence and landscaping Communication No 16 i-__ReJi_o_nal Niagara Planning & Development DJ~tment - Re: Preliminary AppliCation, Proposed Cafe, Portage Road, north of North Street. The communication advises that the Regional Planning Staff would not be opposed to the proposed rezoning for the cafe provided sufficient on-site parking is provided. The communication further states that the Regional Public Works Staff have no objection to the rezoning, but they have requested certain conditions related to the Regional road. His that the previous Worship Mayor Smeaton declared the Public Meeting open and stated procedure under the Planning Act, 1983, would be followed as in the applications. The Clerk advised that the applicant proposes to amend the Residential (R5B) zoning of the lands to permit the use of a cafe through the conversion of an existing music shop. He further stated that the Notices of the Public Meeting were forwarded on December 11, 1987. Mayor Smeaton received a positive response to his request for an indication of persons present who were in favour of, or opposed to the application. He asked all persons wishing to receive further notice of the passing of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the subject lands with the assistance of the posted sketches, and reviewed the following information in the Technical Reports: Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments from Public Notification Process; Planning Review; Official Plan Amendment No. 158; and Site Plan Review. A brief discussion followed with respect to the ancillary use to the hospital, the hours of business, and existing parking problems. Mrs. Mannella, 5559 Portage Road, expressed support of the proposed care, stating that the area was in need of the proposal. Mr. William Amadio, Solicitor, expressed objection to the application on behalf of his clients, Mr. & Mrs. Elefante, neighbouts to the south of the proposal. He stated that his clients made a lifetime commitment a few years ago by building a new home in the neighbourhood which is zoned as Residential and that the proposal will create extra noise, odours, and traffic. -6- Mr. Jan Jaluvka, Solicitor, addressed Council on behalf of his client, Mr. IC. Rigas. He reviewed the proposal and explained that the Portage Road Study has shown that this area has changed considerably and the Study recognizes the need for coffee shops, etc. Several Aldermen expressed concern with the proposal for a cafe in the area of the hospital- Following further discussion, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the application be denied. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Harrington, Hinsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Aldermen Baker, Campbell, Coville, and Janvary. PD-88-12, Chief Administrative Officer - Re: Northwest Community Secondary Plan Development Update - Carmel NeighbouKhood. The report recommends the following: 1) That this update report be received and filed for information purposes. 2) That subdivision designs be coordinated along the lines depicted in the Carmel Neighbourhood Plan. 3) That a general updating of the Northwest Community Secondary Plan be initiated to accommodate such matters as: a) a refining of commercial policies and land use designations in order to implement the recommendations of the Commercial/Office Opportunities Study, b) a refining of housing mix and density policies, c) the refining of development phasing policies, and d) the incorporation of policies for Shrlner's Creek improvements. - AND - Communication No. 17 - Miss Jean Grandoni - Re: Northwest Community Secondary Plan Development Update - Carmel Neighbourhood. The communication requests Council to encourage a meeting with downstream property owners who are suffering damage from subdivision storm water, and to delay any final drainage plans for Shriners Creek until this meeting takes place. ~ ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and filed, and the communication from Miss Grandoni be received and filed as well. Carried Unanimously. PD-88-2, Chief Administrative Officer - Re: Regional Policy Plan Amendment No. 32, Master Paving ~ Construction Ltd., Beaverdams Road at Beechwood Road (Lot 103 Stamford). The report recommends the following: 1) That the Regional Municipality of Niagara be advised that the Council of the Corporation of the City of Niagara Falls does not support the proposed amendment application to the Regional Policy Plan to permit the operation of an industrial use (Master Paving & Construction Ltd.) on lands designated for Agricultural purposes; and 2) That the City hold the zoning amendment application f'ee until the Region makes its decision on the proposed Policy Plan amendment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and filed. Carried Unanimously. - 7 - DEPUTATION Mr. Cy McGuigan addressed Council respecting what he referred to as "inferior plumbing work" being done in the municipality by unqualified persons. He stated that an unlicensed plumber, Mr. Handyman, was doing plumbing work in the municipality without a licence. He also stated that a building owned by him, known as the Sub Shop, and located at McLeod Road and Drummond Road had inferior plumbing work approved by City Staff. Mr. McGuigan also suggested that unlicensed plumbers have been on occasion employed by the municipality, and felt that only licensed Master Plumbers should be awarded contracts. Mayor Smeaton instructed Mr. McGuigan to provide his office with his various allegations and complaints in writing and he would arrange to provide the answers by City Staff. COMMUNICATIONS No. 18 - Regional Niagara Office of the Clerk - Re: 1988 Sewage Rates. The communication encloses two certified copies of By-law 4977-87 entitled "A By-law to Fix the Rates to be charged for Sewage Received from Area Municipalities during the year 1988", passed by the Council of The Regional Municipality of Niagara, December 17, 1987. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously.. No. 19 - Regional Niagara Office of the Clerk - Re: 1988 Water Rates. The communication encloses two certified copies of By-law 4978-87 entitled, "A By-law to Fix the Rates to be Charged for Water Supplied to Area Municipalities During the year 1988", passed by the Council of the Regional Municipality of Niagara, December 17, 1987. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously.. No. 20 - Regional Niagara Public Works Deparment - Re: Water/Sewage Flows Report - The communication attaches the aforementioned report DEP-2621 for the month of November, 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and filed. Carried Unanimously. No. 21 - Marriage Encounter Community of Niagara Falls - Re: "World Marriage Day". The communication requests to have February 14, 1988 proclaimed as "World Marriage Day". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried U~animously. No. 22 - Niagara Falls Economic Development Agency - Re: The Niagara Falls Corporate Challenge Cup, sponsored by the Niagara Falls Chamber of Commerce. ORDERED on the motion of Alderman pay, seconded by Alderman Hinsperger, that the report be received and filed, and that as many members of Council as possible participate to the level of their ability. Carried Unanimously. REPORTS F-88-5 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $352,263.79 for the period ending January ll, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 29869 because the cheque was issued on his behalf. -8- Alderman Hinsperger declared a conflict of interest on Cheque No. 29851 because he is employed by the company- Alderman Hopkins declared a conflict of interest on Cheque No. 29850 because the cheque was issued on his behalf- Alderman Puttick requested that he be recorded as being opposed to Chequs No. 29934. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Campbell, Hinsperger, and Hopkins abstaining from the vote on Cheque Nos. 29869, 29951, and 29850 consecutively, on conflicts of interest previously recorded, and Alderman Puttick voting contrary on Cheque No. 29934; and with all others voting in favour. F-88-6 - Chief Administrative Officer - Re: Finance Committee Reports. 1) Tax Registration Information. 2) Library Financial Statement. The report recommends that the above two reports be received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. CD-88-3 - Chief Administrative Officer - Re: Proposed By-law to Control Vicious Dogs. The report recommends that the Niagara Falls Humane Society be asked to continue their investigation of a consolidated animal control by-law and that in the interim the Municipality pass a by-law appearing on the agenda to regulate vicious dogs. Alderman Baker and Campbell expressed concern with the by-law to regulate vicious dogs as they did not feel that it was suitable for the control of "vicious dogs". Alderman Baker spggested that the Humane Society would be preparing a similar by-law which, in his opinion, would be more enforceable. ORDERED on the motion of Alderman Herrington, seconded by Alderman Cummings, that the report be received and adopted. The motion carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Baker. - w CD-88-2 - Chief Administrative Officer Re: Rene al of Courthouse Lease. The report recommends that Council approve of the lease of the former City Hall to the Ministry of Government Services for use as a Court House for the year 1987 at an annual rental of ,83,244.60 which represents an increase of 4% over 1986. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted.. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-9 - A by-law to amend By-law No. 88-3, being a byTlaw for permitting the owner of a building at 4302 Ellis Street to enter upon adjoining land for the purpose of making repairs to such building. No. 88-10 - A by-law to appoint Robert J. Lewis, Director of Finance, City Treasurer and Tax Collector. No. 88-11 - A by-law to regulate vicious dogs. -9- No. 88-12 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Hinsperger, and Hopkins abstaining from the vote on By-law No. 88-12, on conflicts of interest previously recorded in Report No. F-88-5; and Alderman Puttick voting in opposition of Cheque No. 29934 on By-law No. 88-12, as previously recorded; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the following by-laws be now read a second and third time: No. 88-9 - A by-law to amend By-law No. 88-3, being a by-law for permitting the owner of a building at 4302 Ellis Street to enter upon adjoining land for the purpose of making repairs to such building. No. 88-10 - A by-law to appoint Robert J. Lewis, Director of Finance, City Treasurer and Tax Collector. No. 88-11 - A by-law to regulate vicious dogs. No. 88-12 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Hinsperger, and Hopkins abstaining from the vote on By-law No. 88-12, on conflicts of interest previously recorded in Report No. F-88-5; and Alderman Puttick voting in opposition of Cheque No. 29934 on By-law No. 88-12, as previously recorded; and with all others voting in favour. NEW BUSINESS Report on the Office - Court House - Civic Square Proposals - Mayor Smeaton introduced a subject that had been considered earlier in the evening in Committee of the Whole respecting a proposed new Court House Complex. It was indicated that two firms namely Lesdow-Sharon and Fowler- Marineill had submitted proposals to provide a Court House complex for the municipality. Alderman Orr declared a conflict of interest as she resides adjacent to the lands in which the development is proposed. Alderman Cummings stated that he was opposed to selecting one firm at this time because of the extra cost to the municipality of providing a parking garage. He indicated that the matter should be tabled in order for the City to negotiate with each of the two parties to determine if either would be willing to absorb a portion of the cost of constructing the parking facility. He said that one party had informed Mr. Collinson today (January 11, 1988) that there was room for negotiation. He felt strongly that Council should endeavor to reduce the City's cost. Mayor Smeaton indicated that the developers did not wish to negotiate ~gainst each other, and the developers felt that Council should approve of one or,,~he other submission, and that the successful firm would negotiate with ~h~'City respecting proposed changes or alterations. ORDERED on the motion'el Alderman Cummings, seconded by Alderman Harrington, that the matter be tabled for 6ne week in order for the City to negotiate with each firm respecting reduction of the cost to the municipality. The motion was defeated with the following vote: AYE: Aldermen Cummings, Herrington, and Puttick. NAYEl Aldermen Baker, Campbell, Chessman, Coville, Hinsperger, Hopkins, Janvary, and Pay. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that Council endorse the proposal by Sharon Investments, conditional upon their satisfactory financial ability to proceed. Mr. Collinson, Chief Administrative Officer, suggested that Council consider one of the two proposals, and request them to present their proposal for development for the Court House property. Alderman Cheesman suggested that the details of the proposal could be finalized by the applicant- Mayor Smeaton stated that the City could now meet with the Attorney General, negotiate for land and proceed with other details- AYE: Aldermen Baker, Campbell, Cheesman, Coville, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Cummings, Harrington, and Puttick. New Bus Terminal - Alderman Puttick expressed concern respecting the selection of the person to operate the new bus terminal which is presently being constructed on the southwest corner of Bridge Street and Erie Avenue. He suggested that the City determine whether there was a conflict between the Chairman of the Transit Commission and the person who was the successful bidder. He suggested that he would be writing the ministry of Municipal Affairs respecting his concerns. Salting Highways - Alderman Hopkins advised that he had heard that the Town of Midland, Ontario was reducing the use of salt on certain streets and wondered if the City of Niagara Falls might be considering such a move. He indicated that he would be having the nmtter discussed at an upcoming Municipal Works Committee. It was moved by Alderman Cummings, seconded by Alderman Janvary, that Rule 33A of the rules of procedure be suspended and that the meeting proceed past 11:00 p.m. Carried- Transit Appointment - Alderman Cummings requested that a report be prepared respecting the Niagara Transit appointment. Mayor Smeaton stated that he would follow up on the matter and perhaps have members of the Transit Commission attend the next City Council meeting. It was moved by Alderman Cheesman, seconded by ~lderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, 8MEATON THIRD MEETING REGULAR MEETING Council Chambers January 18, 1988 Council met on Monday, January 18th, 1988 at 7:30 p.m. for the purpose of considering regular business. All members of Council with the exception of Aldermen Campbell, Orr and Puttick were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the meeting held January llth, 1988, be adopted as printed. Carried Unanimously. DEPUTATIONS YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF NIAGARA FALLS - Ccs~nunication No. 23 - Marlene LaForge/Stmsmary Report of Public Forum on Housing - Re: Social Justice Committee of the Y.W.C.A. The communication recommends the= following: 1) We understand that City Hall staff is working with the Social Planning Council on a group homes by-law review committee. The Social Justice Committee of the Y.W.C.A. recommends: a) that the new by-law recognize the needs of citizens who are within the mental health network and who may require different levels of care. b) that foster homes be defined in the by-law and not be recognized as group homes, to avoid any confusion. c) that the new by-law be put before City Council for approval by the end of March 1988. 2) We understand from consultation with the Social Planning Council that C.O.E.S. is planning on expanding its services. The Social Justice Committee endorses these efforts. We recommend to the Social Planning Council that they examine the permanent nature of C.O.E.S. with a view to making it more relevant to the needs of their clients. 3) Social Assistance levels are inadequate. We recommend that City Council bring this issue to the Social Assistance Review Board. 4) The Honourable Chaviva Hosek, Minister of Housing, has announced some funding for social housing. We recommend that City Council assist local groups to apply for this type of funding and to endorse local agencies which can provide low-cost housing in a creative and innovative manner, including second stage housing. 5) Zoning by-laws sometimes hamper efforts to build non-profit housing projects. We recommend that the City Planning Department look into the feasibility of assisting in land acquisition for this type of development. 6) We recognize that Social Planning Council, Niagara Falls, is studying the housing needs of people with mental health problems; we recommend they widen the scope of the study to include the general housing needs of this community. Alderman Cummings inquired as to why no men were appointed to the Social Justice Committee and felt that the Committee should be made up of a cross-section of a community. The Alderman noted that the report indicated that 100,000 Canadians were homeless - was there a breakdown for Niagara Falls? He also noted that one Canadian woman in ten was considered battered - was there a breakdown for Niagara -2- Falls? Alderman Cummings also wondered if the Committee was opposed to the 350 metre distance required between group homes. In reply, members of the Committee indicated that one male had served on the Committee, however,hehad now left the area after attending only a few meetings. They indicated that there were no figures available respecting a breakdown locally for homeless and battered women and that the distance between group homes was not a problem. Alderman Cummings made a motion that the report be referred to the Social Planning Council for their comments and report back to Council. There was no seconder to the motion. Aldermen Harrington and Pay referred to each of the six recommendations and suggested various methods of dealing with each one. A comment was made that the Municipality should acquire land for development of low income homes. Alderman Coville stated that the Non-Profit Housing Corporation was already developing property for low income families. His Worship Mayor Smeaton suggested that there were many aspects contained in the report and felt that the entire matter should be referred to City Staff and the Social Planning Council for comments. Alderman Chessman stated that the housing and industrial lands had no connection or comparison with each other, and that they were not in conflict with each other. He also stated that the reason for poor housing is the result of long standing poor rent controls which have ruined the housing industry. Mr. Alec Greaves, Chairman of the Social Planning Council Housing Committee, stated that there was a need to reactivate the housing committee originally formed by former Mayor, George Bukator, that the Social Planning Council would initiate land requirements and the City could acquire land as needed. He stated that the Committee could be known as the "Mayor~s Housing Coalition". His Worship Mayor Smeaton suggested that he could probably provide the make-up of the Committee within one week. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be referred to the Social Planning Council, City Staff, and any other organization or agency concerned and that a report be brought back to City Council by the end of February, 1988. Carried Unanimously. PORTABLE SIGNS - Coummunication No. 24 - Mr. Stuart Knox - Re: Amendment to the Sign By-law. The communication requests permission to address Council in regard to an amendment to the Sign By-law (Portable Signs). Mr. Stuart Knox of Kent Street, Queenston, Ontario, addressed Council on behalf of himself and Scott and Ellis Signs. He informed Council that he had not obtained a permit for his portable signs because, when he spoke to City Staff, he was under the impression that the By-law was not being enforced. He stated that, If his signs were not taken down, he would be subject to a $300.00 fine from the City. Mr. Knox further elaborated on the Sign By-law for Portable Signs by stating that it was difficult and expensive to comply with the requirements of the By-law respecting the five foot height restriction, maximum twenty square foot~ size restriction, etc... Mr. Knox suggested that the Sign By-law should be brought up to date and inquired as to what could be done to help small businesseS. Alderman Cummings and Mr. J.L. Collinson, Chief Administrative Officer, suggested that Mr. Knox could meet with Mr. Murray Johnston, Director of Buildings and Inspections to discuss his concerns and that a report be brought back to Council with their comments. - 3 - A representative from Scott Signs, who was supporting Mr. Knox, informed Council that he would like to be present at the meeting with Staff as he manufactures signs and is directly involved. Alderman Baker was non-sympathetic with Mr. Knox since he had based his business on the fact that he thought the City would not enforce the By-law. ORDERED on the motion of AIderman Cummings, seconded by Alderman Hopkins, the matter be referred to Staff to meet with representatives of the sign companies, and a report be brought back to Council in one week. Carried Unanimously. that FLYING OF FLAGS - C~*~uunication No. 25 - Mr. Paul Forte - Re: Flying of flags at City Hall. The communication requests permission to address Council in respect to the flying of flags at City Hall. Mr. Paul Forte of 4066 Robin Avenue, expressed his strong opposition regarding the flags displayed at City Hall. He noted that three flags are displayed namely; the Canadian flag, the Provincial flag, and the Union Jack. He suggested that it would be appropriate for a "City Flag" to be flown rather than the Union Jack which should be flown for some special event or for a visiting dignitary from Great Britain. He further recommended that the flags should be moved to the centre of Centennial Square and that the Court House flags be removed as they tower over ~ the City Hall flags. Alderman Cummings suggested that the flying of flags at City Hall could be included in the discussion for the proposed courthouse complex in the downtown area. He also suggested that perhaps there could be four flags flown thereby not eliminating the Union Jack but adding the City flag. Alderman Cummings made a motion that the communication be received and filed. There was no seconder to the motion. His Worship Mayor Smeaton referred to the letter he had sent to Mr. Forte in which information received through the office of our Me/nber of Parliament, Mr. Rob Nicholson, explained that the Canadian Government in 1964 adopted the Union Jack as a symbol of Canada's allegiance to the Crown and the Country's membership in the Commonwealth of Nations. He made it perfectly clear that the Union Jack would not stop flying simply because one resident had requested it. The Mayor further suggested that this matter be reviewed before any action was taken. Alderman Pay suggested that the Canadian, Provincial, and City Flags be flown at City Hall and that the Federal Government be responsible for flying the Union Jack. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be tabled for one week for review and comments. Carried Unanimously. UNFINISHED BUSINESS NIAGARA TPa&NSIT - Report of His Worship Mayor Smeaton - Re: The report attaches a communication from the Niagara Transit Commission respecting information regarding the selection of a lessee to operate the new Niagara Transit Terminal. - AND - Cemnunication No. 26 - Mr. Kenneth Dubois, Chairman - Re: Operation of Terminal. The communication provides five tender proposals received by the Transit Commission as follows: see 4 - 4- l) 2) 3) 4) Mr. David Besse 8314 Mundare Crescent Niagara Falls, Ontario proposal - no percentage for first year - would quote in years two and three. Mr. Larry Griffiths 5305 Hodgson Street Niagara Falls, Ontario proposal - 1/4% on tickets and charters, 6% on food sales, and 10% of other revenue. Mr. Reg McLean 7131Adams Avenue Niagara Falls, Ontario proposal - 1% on tickets and 10% of other revenue. Mr. Wayne patrick 6344 Drummond Road Niagara Falls, Ontario proposal - 1% on tickets and 10% of other revenue. 5) Mr. Duncan Sinclair 6461 Orchard Avenue Niagara Falls, Ontario Proposal - no percentage for first year, then would propose to negotiate. Alderman Cheesman suggested that the City Clerk read the report from the Mayor and the communication from Mr. Kenneth Dubois, Chairman of the Niagara Transit Commission for the benefit of everyone present in the Chambers. His Worship Mayor Smeaton felt that the matter of choosing the lowest bidder had been handled properly by the Transit Commission. Mr. Peter Bishop of Canada Coach Lines requested that a copy of the actual bid of Mr. McLean and the others be provided for him. His Worship Mayor Smeaton stated that the tenders were now public documents and could be provided to him at the Transit office. Mr. Don pierson, a member of the Transit Commission, requested that only the actual bids be made available to the public and not the financial information of each of the tenderera as this was confidential infomnation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and filed and that the tender information be provided to the public by the Niagara Transit Commission. Carried Unanimously- COMMUNICATIONS No. 27 - Regional Niagara Chief Administrative Officer - Re: Recycling of Municipal Waste in Niagara. The communication requests comments in regard to the formation of a Niagara Recycling Committee which would have representation from all local municipalities. ORDERED on the motion of Alderman Herrington, seconded by Alderman Pay, that a letter of support for such a Committee be sent to the RegioB. Carried Unanimously. No. 28 - City of Toronto - Re: Retail Business Holidays Act. The communication provides notice of their resolution to the provincial Government that the Province retain its present authority over the Retail Business Holidays Act. - 5 - ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed for the information of Council. Carried Unanimously. No. 29 - St. Mary's Ukrainian Catholic Church - Re: Anniversary of Independence of Ukraine. The communication requests Council to proclaim the week of January 22nd to 29th, 1988 as "Ukrainian Independence Week" and also requests the participation of Council to mark Ukrainian Independence Day with the traditional flag raising ceremony on Saturday, January 23, 1988, at 10:00 a.m. at City Hall. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the requests be appreved subject to established policy. Carried Unanimously. No. 30 - Niagara Fl~mea Hockey Club - Re: Bruce Gamble Hockey Tournament. The communication requests a Special Occasion Permit to host an Old Timers' Hockey Tournament at Jack Bell and Stamford Arenas on March llth, 12th, and 13th, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 31 - Niagara Promotion Association - Re: Blossom Festival Parade. The communication requests a Parade Permit for the 29th Annual Niagara Falls Canada Blossom Festival Parade to be held on Saturday, May 7th, 1988, at 10:00 a.m. The Parade will proceed along the Niagara River Parkway to the brink of the Horseshoe Falls. Alderman Cummings questioned if the City Float would be ready this year for the Blossom Festival Parade, and Mr. L.A. Oates, Director of Municipal Works, advised that Staff is working on the Float, and that it will be ready for the Parade. ORDERED on the motion of Alderman Cummings, seconded by Aiderman Hinsperger, that the request be granted subject to the approval of the Niagara Parks Commission. Carried Unanimously. No. 32 - The Niagara Parks Cu~..ission - Re: The Moriyama & Teshima Long Range Planning Study. The communication extends an invitation to attend a preview of the tentative recommendations in the Moriyama & Teshima Long Range Planning Study to be held on Tuesday, January 26th, 1988, at 7:00 p.m. at the Whirlpool Restaurant. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the invitation be accepted. Carried Unanimously. REPORTS B-88-2 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for December, 1987. The report provides Council with current news relative to permit statistics, development proposals, and any other noteworthy data that has emerged during the period covered by the report and attaches illustrated charts and graphs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously. B-88-3 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 52 Unit 3 Storey Hotel, Former American Can Building, 5686 Lewis Avenue, AM-26/86. The report recommends that Council approve the site plan(s) on display at tonight's meeting, being a proposed hotel~ and the site plan being drawing number 1 dated June 29th, 1987 and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 10th, 1987, and that such. approval be subject to the conditions outlined in the report. Alderman Coville declared a conflict of interest as her husband is employed at ONEX Packaging Inc. (former American Can Company). - 6- Alderman Cummings expressed concern with the fact that a Hotel was proposed near existing industries. As the industries had been in existence for many years, he hoped that no complaints would be received from the Hotel respecting noise, etc. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded; and with all others voting in layout. F-88-? - Chief Administrative Officer - Re: Regional Sewage and Water Rates. The report recommends that the report be received and filed for information. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. F-88-8 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,603,422.06 for the period ending January 18th, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 29935 because his son is employed by Co-Ordinated Emergency Services. Alderman Rinsperger declared a conflict of interest on Cheque No. 29942 because he is employed with the company. Alderman Hopkins declared a conflict of interest on Cheque No. 30147 because a member of his family is employed with the company. Alderman Hopkins also indicated that he was opposed to Cheque No. 30112. Additional information was provided on Cheque Nos. 29948 and 30061. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Hinsperger and Hopkins abstaining from the vote on Cheque Nos. 29935, 29942 and 30147 consecutively, on conflicts of interest previously recorded; and with Alderman Hopkins voting in opposition to Cheque No. 30112, as previously recorded; and with all others voting in fayour. CD-88-7 - Chief Administrative Officer - Re: Encroachment on Easement, 6205 Trillium Crescent. The report recommends that the application for the passing of a by-law to permit the encroachment of a dwelling under construction at 6205 Trlllium Crescent upon an easement, be approved, ~and the necessary by-law be enacted by Council. Aideman Coville declared a conflict of interest because the firm she is employed with has a real estate interest in the property. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, thst the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. ~-88-R - Chief Administrative Officer - Re: Purchase of 6" Pumps for Chippawn Flooding. The report recommends that Staff be authorized to purchase two 6" pumps from Millar-Willisms (Burlington) Ltd. at $16,72L00 each, plus taxes, plus the necessary suction and discharge hoses. ORDERED on the motion of Aideman Hinsperger, seconded by Aideman Coyills, that the report be received and adopted. Carried Unanimously. - 7 - MW-88-6 - Municipal Works Cuu=uittee - Re: Subsoil Investigations for Remedial Measures for Basement Flooding - Chippawa Community. The report recommends that the services of J.T. Donald Consultants Limited be engaged to undertake subsoil investigations related to future remedial measures to be undertaken to alleviate basement flooding in the Chippawa community at an estimated cost of $4,700.00, ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-88-5 - Chief Administrative Officer - Re: Smoking By-Law No. 87-143. The report recommends that Council authorize the hiring of a Smoking Control Officer on a contract basis for a six-month period to canvass establishments covered by the Smoking By-law to determine if the required signs have been erected, - AND - Provide signs to owners or proprietors of those places who have not yet acquired them. A discussion took place in which several Aldermen questioned the necessity of hiring an additional person when the City already had By-law enforcers. They also questioned the mechanics in which the job would operate. Alderman Cheesman advised Council that the person would be hired for a limited time and his/her employment would cease when it was determined that all signs were in place. Mr. J.L. Collinson, Chief Administrative Officer, informed Council that the sale of the "No-Smoking Signs" would pay the wages for the Smoking Control Officer and that it would be his/her responsibility to sell the signs~ not to enforce the by-law, which will be the responsibility of the By-law Enforcement Officers through the Buildings and Inspections Department. ORDERED on the motion of Aideman Harrington, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins Janvary and Pay. ' NAYE: Aideman Baker. C-88-1 - Chief Administrative Officer - Re: Provision of Discounted Fares by Niagara Transit. The report recommends that the Regional Municipality of Niagara be asked to re-examine the possibility of obtaining Provincial subsidy on discounted bus fares provided by the Transit Commissions within the Region to those people who are in need and cannot afford full or discounted fares. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. P-88-1 - Ad Hoc C~muittee on Pensions - Re: Revisions to OMERS Pension and Sick Leave Benefits for Management Employees. The report recommends that Council authorize the following: 1) That a Management Sick Leave Plan which is self-insured by the Corporation replace the existing program of Accumulated Sick Leave/Retirement Gratuity Payout. 2) That the Long Term Disability benefit be integrated with the Management Sick Leave Plan and the premium be paid 100% by the Corporation. 3) That the Corporation enter into an agreement with the Ontario Municipal Employees Retirement System to provide a Full Type 1 Supplementary Agreement for the management group of employees to be effective January 1, 1988. -8- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-13 - A by-law to amend By-law No. 87-165, being a by-law to authorize a renewal of the lease of the old City Hall. No. 88-14 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Hinsperger and Hopkins abstaining from the vote on'By-law No. 88-14, on conflicts of interest previously recorded in Report No. F-88-8; and with Alderman Hopkins voting in opposition to Cheque No. 30112 on By-law No. 88-14, as previously recorded; and with all others voting in fayour. ORDERED on the motion of Alderman Ctnnmings, seconded by Alderman Coville, that the following by-laws be now read a second and third time: No. 88-13 - A by-law to amend By-law No. 87-165, being a by-law to authorize a renewal of the lease of the old City Hall. No. 88-14 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Hinsperger and Hopkins abstaining from the vote on By-law No. 88-14, on conflicts of interest previously recorded in Report No. F-88-8; and with Alderman Hopkins voting in opposition to Cheque No. 30112 on By-law No. 88-14, as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Council Representation on Recreation Co~nission - Alderman Pay expressed concern with the fact that an Alderman had recently been elected as Chairman of the Recreation Commission. He felt that this was an undesirable trend and that his Chairmanship could influence members of the Commission, whereas his main function is to act as liaison between the Commission and City Council. He was concerned that an efficient system could disintegrate if this trend continued. The Alderman suggested that the person appointed as Chairman should relinquish the Chairmanship and allow a member of the Commission from the private sector to seek the Chairmanship- Alderman Pay suggested that a nominee for Chairman of the Commission declined to run and may have been intimidated by the fact that an Alderman was a candidate for the off ice. Alderman Harrington stated that it was he who had recently been appointed as Chairman, however, he felt that the person who declined was not intimidated by him. He stated that he would give serious consideration to Alderman Pay'.s remarks. Alderman Ctm~nings also expressed concern and stated that one member of the Commission did not seek re-appointment this year and wondered if it was because Council referred some matters to the Commission but other Recreational matters were dealt with directly by City Council. He did not want to see the Recreation Commission weakened. His Worship Mayor Smeaton indicated that the Recreation Commission Members had elected Alderman Harrington as Chairman and also stated that we had a fine Recreation Commission in Niagara Falls which is the envy of many municipalities. ~ 9 ~ Y.W.C.A./Su~mmary of Fundings - Alderman Harrington expressed concern respecting the lack of funding from the Regional Social Services Department and the Ministry of Health for persons with mental health problems. It was moved by Alderman Harrington, seconded by Alderman Hinsperger, that letters be sent to the Regional Social Services Department and the Ministry of Health requesting that they consider per-diem funding for the Y.W.C.A. Carried Unanimously. Comments/Re: Downtown Area - His Worship Mayor Smeaton referred to a newspaper article respecting comments that he made after the Council meeting held on Monday, January llth, 1988o He was explaining his enthusiasm for the proposed Court House Complex and the improvements that it would make to the downtown area. He explained that when he used the word "slum", he was not referring generally to the downtown area, however, he did explain that he was concerned with a few isolated buildings in that area. It was moved by Aiderman Cummings, seconded by Alderman Coville, that the meeting adjourn. Carried Unanimously. ~ READ AND ADOPTED, L FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 January 25, 1988 Council met on Monday, January 25th, 1988, at 6:30 p-m- in Committee of the Whole. All members of Council, with the exception of Alderman Puttick, were present. Alderman Janvary presided as Chairman. Following consideration of the item presanted, the Committee of the Whole arose without reporting. READ AND ApDPTED, NNAN CITY CLERK ' , REGULAR MEETING Council Chambers January 25, 1988 Council met on Monday, January 25th, 1988 at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the meeting held January 18th, 1988, be adopted as printed. Carried Unanimously. PRESENTATIONS OLYMPIC TORCH CERTIFICATES - His Worship Mayor Smeaton welcomed Mr. Rob Nicholson, M.P., to the meeting and referred to Mr. Nicholaon'a participation in the Olympic Torch Ceremony on December 26th, 1987. Mr. Nicholson offered congratulations, and presented Olympic Torch Certificates, on behalf of the Federal Government, to Rich Bell; Bud Collard; Muriel Dentson; Jim Lynett, Falls View Hose Brigade; Bob Gale Jr-, Gales Gas Bar; Ernie Jarond; Michael Lamontagne; Mike Melymuka; Barb Morellato; Lea Potapczyk; Harold Smith; Peggy Wallace; Harris Zavitz; Chippaws Lions Club; C.O.B.R.A. Club; Stamford Lions Club; and Niagara Falls Lions Club. The following persons were not in attendance and the Certificates will be presented at a later date: Harvey Ho; Mary Sawada; Dr. Stafford Dobbin; and George Lalfcieh. WELCOME 'X~ 27THNIAG*ARA FALLS GZKL GUIDES - His Worship Hayor Smeaton welcomed representatives of the 27th Niagara Fails Girl Guides, one Brownie, two Pathfinders, and their leader Linda McMillan, to the meeting. DEPUTATIONS X~REB TmanB -MR. ROB NICHOLSON, M.P. - Mr. Rob Nicholson expressed appreciation to Mayor Smeaton, members of Council and Staff for their cooperation over the past three yeara, He referred to the street solicitation by-law, and his interest in the proposed legislation for the control of pornography, as well as environmental protection. · # 2 -2- Mr. Nicholson discussed his support of the Federal Government respecting the Free Trade issue, as well as the support of a great many local business and industries in this regard- He referred to the benefits of free trade to Canada and to the Niagara peninsula, discussed the Federal Government's willingness to assist iu the location of industries to the area, and provide assistance to the local wine growers, as well as access to American markets- His Worship Mayor Smeaton expressed appreciation to Mr. Nicholson, on behalf of Council. BiACARATRANSITTBBMINAL'MR' pETERBISHOP ' CommuK[cationMo* 33 - Peter Bishop - Re: New Niagara Transit Terminal. The .communication requests .permission to address Council regarding the above mentioned subJedt- and others with.respect to the result of the tenders considered by the Niagara Transit Commission for a lessee to operate the new Niagara Transit Terminal. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the information received from Mr. Bishop, together with further information from the Niagara Transit Commission, be considered iu Committee of the ~nole ou Monday, February l, i988, and subsequently be reported at the Council meetleg on that date. Carried Unanimously. UNFINISHED BUSINESS Communication No. 25 -Mr. Paul Forte - Flying of Flags at City Hall. (TABLED JANUARY 18, 1988). The communication recommends that the Union Jack not be displayed at City Hall, asks that the matter be discussed in Council on January 18th, 1988, and suggests the City flag be displayed instead- - AND - - CD-88-09 - Chief Admiuistrative Officer - Re: Flying of Flags City Hall- The report provides background information regarding the flying of flags at City Mall, recommends that the status quo be maintained; and further recommends that the information contained in this report be noted and that it be received and filed. Mr. Forte was not in attendance- ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the communication be received and filed, and the report be received and adopted- Carried Unanimously. COMMUNICATIONS No- 34 - Tornship of Cumberbind - Re: Sunday Shopping. The communication asks Council to endorse a resolution in opposition to the delegation of the authority from the provincial Government to Ontario Municipalities. It was noted that at the Council meeting of January 4th, 1988, similar resolutions were endorsed, and such delegation to the Provlnce was opposed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pays that the resolution be endorsed. Carried Unanimously. No- 35 - The Association of M-nlcipal Tax Collectors of Ontario - Re: Bill 97. The communication asks Council to support a recommendation to amend~Bill 97, an Act to amend the Municipal Act and certain other Acts related to Munici- palities, with particular respect to a section that sets out a process to allow tax adjustments for previous tax years, similar to Section 497 of the Municipal Act. , ORDERED ou the motion of Alderman Pay, seconded by Alderma~ Hinsperger, that the resolution be supported, Carried Unanimously- No. 36 - Municipal Education & TrainiU~ Sec~etariat, Miuistx, y of M-"leiPal Affairs - Re: Municipal Education and Training. The communication provides . information regarding a survey of needs regarding education and training proSrams for Municipal Council and Staff.[ -3- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the Ministry be commended for their efforts in this matter, and that the City participate in any survey of needs. Carried Unanimously. No, 37 - Municipal Education & Training Secretariat, Ministry of Municipal Affairs - Re: Seminars. The communication provides information regarding Seminars available for Municipal Councillors and others interested in Municipal Government. During the discussion, Alderman Janvary asked that the Ministry be contacted with the request that a Seminar be held in this area. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communication be received and filed, and all interested persons attend. Carried Unanimously. No. 38 - Environment Canada - Re: Meeting/Coordination Committee for the Niagara River Toxics Management Plan. The communication advises that the Committee will meet on January 28th, 1988 at the Red Coach Inn, Niagara Falls, New York. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. It was further recommended that Council members or Staff attend if possible. Carried Unanimously. No. 39 - Regional Niagara - Re: FCM Membership. The communication, addressed to Mayor Smeaton, Chairman, and Members of the Finance Committee, provides information regarding the recommendation to the Regional Finance Committee that the Regional Municipality of Niagara continue membership in the Federation of Canadian Municipalities; and that the membership fee of $30,535.89 be approved for payment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Herrington , Hinsperger, Hopkins, Orr and Pay. NAYE: Alderman Janvary. REPORTS CD-88-06 - Chief Administrative Officer - Re: Surplus Ministry of Transportation Property, Southeast Corner of Q.E.W. and McLeod Road. The report recommends that the Ministry of Transportation be advised that the City of Niagara Falls is not interested in acquiring an eight acre parcel of property located at the southeast corner of the Queen Elizabeth Highway and McLeod Road. ORDERED on the motion of Alderman theesmart, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-88-08 -Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision, 6381 Dunn Street. File No. 26-CD-87014(1), Cameo Homes (Niagara) Limited. The report recommends that the "6381Dunn Street" Condominium Subdivi- sion be approved subject to the one condition enumerated in this report. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. B-88-05 - Chief Adainistrative Officer - Re: Revised Site Plan Approval - Proposed Alterations to the Parking Layout - Days Inn, 4029 River Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being only a revision to the parking layout in a specific area, and the site plan being drawing number S-1A and dated December 14th, 1987, as revised, and filed with the Buildings & Inspections Department of the City of Niagara Fells on January 20th, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. -4- NW-88-10 - Munici~al Works Coamittee - Re: recommends the following: 1) Committee Reports. The report 1~-87-225, Jill Drive Surface Condition/David Hatrod, 7020 Jill Drive - - It is recommended that normal maintenance be continued on Jill Drive and that an overlay not be considered at this time. 2) 1~-88-01, Garage Heatin~ System, Municipal Service Centre - - It is recommended that Staff be authorized to have Tower Heating & plumbing Air Condition Ltd- install a high efficiency Schwank, Model JP125 Radiant Tube Heating System in the vehicle garage repair shop area at the Municipal Service Centre for the total sum of $11,900.00 as per their quotation including all necessary taxes. 3) MW-88-08, 1988 Ontario Good Roads Association Conference, February 21-24, 1988 & Municipal Engineers Association Annual Meet;hE, February 22, 1988 (i) One member of Council and two members of Municipal Works Staff be authorized to attend the 1988 Ontario Good Roads Association Conference from February 21-24 in Toronto, at a total estimated cost of $1,410.00; (ii)That one member of Municipal Works Staff be authorized to attend the Municipal Engineers Association Annual Meeting on February 22, 1988 at an estimated cost of $243.00- ORDERED on the motion of Alderman Pay, seconded by Alderman Winsperger, that the report be received and adopted. Carried Unanimously. MW-88-11 - Chief Administrative Officer - Re: Municipal Float- The report advises that $10,000.00 has been placed in the 1988 Operating Budget for the construction and operation of a City Float, and recommends that this advisory report be received and filed. During a discussion regarding the involvement of students in the maintenance and operation of the Float, Mayor Smeaton and Alderman Herrington volunteered to investigate this possibility further. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted, and a copy forwarded to the Niagara promotion Association. Carried Unanimously. 16-88-12 -Municipal Parkin~ & Traffic Comltttee - Re: Crossing Guard - Cardinal Newman School. The report recommends that a Crossing Guard be placed at the intersection of Kimbark Street and Beaverdams Road for the purpose of guiding children across Beaverdams Road to Cardinal Newman School. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. M~-88-13 - M'mictlml Parking & Traffic Coselites - Re: Traffic Control in the Vicinity of Dunn Street and Waters Avenue. The report recommends the following: 1) That the "atop" sign located at the intersection of Waters Avenue and Dunn Street facing northbound traffic on Waters Avenue be eliminated; 2) That "yield" signs be erected at the following intersections: - Margaret Street and Waters Avenue facing Westbound traffic on Margaret Street; - Bonnie Street and Waters Avenue facing westhound traffic on Bonnie Street; - Centennial Street and Waters Avenue facing westhound traffic on Centennial Street; - Richmond Crescent and Waters Avenue facing westbound traffic on Waters Avenue; - Ann Street and Richmond Crescent facing southbound traffic on Richmond Crescent; - Douglas Crescent and Ann Street facing southbound traffic on Douglas Crescent; -5- - Sharon Avenue and Ann Street facing northbound traffic on Sharon Avenue; - Centennial Street and Warden Avenue facing eastbound traffic on Centennial Street; - Bonnie Street and Warden Avenue facing eastbound traffic on Bonnie Street; - Warden Avenue and Dunn Street facing northbound traffic on Warden Avenue; - Warden Avenue and Dunn Street facing southbound traffic on Warden Avenue; - Betty Avenue and Dunn Street facing northbound traffic on Betty Avenue. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report he received and adopted. Carried Unanimously. MW-88-14 -Municipal Parking & Traffic Coe, qttee - Re: Speeding on Riall Street. The report recommends that a 3-way stop be installed at the intersec- tion of Mercury Avenue and Riall Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. It was further recommended that the area be monitored for a reasonable period of time to define the effect of the installation on speed, accident frequency and accident seriousness. Carried Unanimously. F-88-09 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,391,049.40 for the period ending January 25th, 1987, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 30239 because the organization is a client. Alderman Harrington declared a conflict of interest on Cheque No. 30225 because he is employed by the Board. Alderman Hinaperger declared a conflict of interest on Cheque No. 30158 because he is employed with the company. Additional information was provided on Cheque Nos. 30157, 30228 and 30325. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Campbell, Harrington and Hinsperger abstaining from the vote on Cheque Nos. 30239, 30225 and 30158 consecutively, on conflicts of interest previously recorded; Alderman Cummings voting contrary on Cheque No. 30297; and with all others voting in favour. CD-88-10 - Chief A(bministrative Officer - Re: Amendment to Licensing By-law Respecting Fines. The report recommends that Council pass the By-law appearing later on the agenda to increa8e the maximum fine for infractions against provi- sions of Licensing By-law No. 76-102 to $2,000.00. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-15. P-88-02 - Chief Administrative Officer - Re: Reorganization of Finance Department. This report was approved in Committee of the Whole earlier on this date. The report provides information regarding the reorganization of the Finance Department, and recommends approval of staffing positions as enumerated in the report. ORDERED on the motion of Alderman Cummings, seconded by 'Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. P-88-03 - Chief Administrative Officer - Re: Non Union Salaries and Benefits for 1988. The report recommends that City Council authorize a 4.25% salary increase for non-union employees effective January 1, 1988 and that By-law 87-89 be amended to include benefit changes as set out in this report· Alderman Janvary declared a conflict of interest because her husband has a business interest. e -6- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded; and with all others voting in fayour. M-88-01 - Mayor Smeaton - 1987 Year End Report. The report is quoted as follows: "Members: As has been my policy for the past four years, I wish to bring in my overview of the year just ended and pass on some thoughts to you with regards to our goals for 1988- Among the most gratifying achievements in the past year was the continued progress with regards to our Downtown Revitalization. Our core area is now a much more attractive place of commerce with streetstaping and in-ground service upgrading progressing nicely· The decision of Council to relocate our Bus Terminal to Erie Avenue enhances the ongoing revitalization process. A faroarable decision by Via Rail regarding the refurbish,uS of the Via Rail Station this year will help provide a transportation centre in our downtown district of which we can be proud- The Council's progressive management program for land use accommodated a continuance of our Municipality's building boom, covering all three major land use designations: Residential, Commercial and Industrial. Our total building permit activity, reaching a level of $77,863,398.00, is indeed an accurate barometer of our economic viability and substantiates the confidence of the business community in this Municipal administration. The proof of this is indeed in the attached sheet regarding our 1987 permit dollar figures as compared with 1986. We as a Council achieved a great deal in certain administrative improvements during the year 1987 internally in the following areas: 1. Our Budget procedure continued to be streamlined- 2. Our Parks & Recreation Department brought the cemeteries operation into its fold with little fuss and fanfare but with considerable achievement in efficiency. 3. Our Data Processing through a broad range of Municipal service areas was updated with considerable success- 4. We as a Council continued to regulate our Bingo industry successfully, ending several years of relative unrest in that area. 5. We revised certain By-laws to accommodate a changing Municipality without compromising regulatorY efficiency. Of particular interest and accom- plishment, I believe, were our new policies set out in the Motel Study Guidelines. 6. Type 1 Pension deliberations were carried out and a decision made early in 1988 which will save our Municipal taxpayers hundreds of thousands of dollars through the turn of the Century and beyond, as we eliminate certain sick leave benefits which have been of considerable cost to this Municipal- ity and would have continued to be so. 7. We achieved a major milestone, in my opinion, as the Joint Environmental Planning Committee completed its environmental inventory'beth in Niagara Falls, New York, and within our Municipal boundaries, and we committed ourselves to a continuance of our quest for environmental improvements so necessary if we are to be responsible to future generations and to ourselves. 8. We completed our Commercial & Office Opportunity Study and must now carefully review its impact and its message to us, We are coming close to our finalization of the Toarism I,pact Study, and Council*s onward look in that area~ I believe~ is a tribute to its foresight. -7 - Our commitment to the challenge of education was manifested in our support of Niagara College's Tourism/Hospitality Training Centre. Our investment in dollars here ia indeed an investment in our future, and Council can be proud of its relationship with Niagara College and indeed the hospitality industry, as we work towards the unveiling of what will surely be a major educational resource, not only to our City but to the entire Region and Province. We look forward to the upcoming ground-breaking currently scheduled for July of 1988. Council, through its Economic Development Agency, continued to solicit new business investment in our community and two major investors, Edscha of Canada and D & K Kuester Control Cables Inc., along with approximately 22 other industrial start ups, exemplify this administration's dedication to industrial development. This Council continued to work towards a close and constructive liaison with the Niagara Parks Commission as we served through our Staff as key advisor personnel to the Commission regarding the Moriyama Study which will soon be unveiled. In Summary, 1987 was a very progressive and successful year for this Municipality. 1988 Goals Personally I see us this year having some important goals as: The achievement of a new Court facility, at least through the commitment stage, within our City Hall Civic Centre area. It is anticipated that Council wii1 be discussing this matter weekly as we work towards a sound Civic Centre development. I am optimistic that, providing we can obtain Provincial support, this goal can be achieved during this Council's term. The achievement of a mill rate increase in the year 1988 within one percentage point of the rate of inflation for 1987. The achievement of an expanded and closely linked People Mover System (rubber tired) which will effectively loop and Join with the existing Niagara Parks Commission People Mover System utilizing Niagara Transit equipment. The successful removal of basement flooding problems that continue to plague certain sections of our Municipality. 5. The continuance of our By-law review in all areas of regulatory legislation with changes where necessary and new laws as deemed expedient. 6- The continuance of Departmental Reorganization. The investigation of new B.I.A. areas within our Municipality to allow for other business districts to utilize available subsidy dollars, Provincial and Federal, as they become available. 8. To achieve a new landfill site designation. 9. To achieve a new cemetery site location. There may be other priority items that Council may wish to add to this list, and of course I am only speaking from my vantage point as Head of Council, and may I say how pleased I am with the co-operation I have received from all of you as we work together for the betterment of our community. I am confident that we will continue to progress and prosper through good Government in our City, and I look forward to the tasks ahead in 1988." ORDERED on the ·orion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously. -8- RESOLUTIONS No- 2 -CUI~NGS - PAY - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for an allocation of subsidy funds for public transportation purposes for the year 1988, in the amount of $480,000.00 for the Capital Assistance programme and $543,510-00 for the Transit Operating Assistance programmeJ under the provisions of The Public Transportation and Highway Improvement Act; And the Seal of the Corporation be hereto affixed. Carried Unanimously- 9 88-17 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Harrtngton and Hinsperger abstaining from the vote on By-law No. 88-17, on conflicts of interest previously recorded; Alderman Cummings voting contrary on By-law No. 88-17, as previously recorded; and with all others voting in favour. ITBMS OF INTEREST: NEW BUSINESS NO. 3 -CU!~RCS ' PAY - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for an allocation of subsidy funds for the provision of a public transportation service for physically disabled persons for the year 1988, in the amount of $50,957-00 for Operating, under the provisions of The public Transportation and Highway Improvement Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 4 -CUI~NCS - FAY - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for an allocation of subsidy funds for the provision of a public transportation service for physically disabled persons for the year 1987, in the amount of $2,359.00 for Operating, under the provisions of The Public Transportation and Highway Improvement Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No- 5 -CUI~NGS - PAY - RESOLVED that the Council of the Corporation of the City of Niagara Palls hereby petitions for an allocation of subsidy funds for public transportation purposes for the year 1987, in the amount of $15,773.00 for the Transit Operating Assistance programme, under the provisions of The Public Transportation and Highway Improvement Act; AND the Seal of the Corporation be hereto affixed- Carried Unanimously. BY-LAW~ ORDERED on the motion of Alderman Cummings, seconded ~Y Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-15 - A by-law to amend By-law No. 76-102 as amended, being a By-law respecting the issuance of licenoes. No- 88-16 - A by-law to restrict the weight of vehicles passing over a bridge on Mewburn Road. No. 88-17 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Herrington and Rineperger abstaining from the vote on By-law No. 88-17, on conflicts of interest previously recorded in Report No. F-88-09; Alderman Cummings voting contrary on By-law No. 88-17, as previously recorded in Report No. F-88-09; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: ~m. 88-15 - A by-law to amend By-law No. 76-102 as amended, being a By-law respecting the issuance of licences. !~o, 88-16 - A by-law to restrict the weight of vehicles passing over a bridge on Mewburn Road. Canadians for a Clean Environment - Public Meeting - His Worship Mayor Smeaton referred to the handout communication from Canadians for a Clean Environment, containing information regarding a Public Meeting scheduled for January 28th, 1988 at 7:30 p.m. in the Niagara South Arena. Retirement - Director of Finance Members of Council expressed appreciation, congratulations and best wishes to Mr. Gerald E. Farrell, Director of Finance, on his upcoming retirement from the Corporation of the City of Niagara Falls. Council and Staff sang "For He's A Jolly Good Fellow". It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 1, 1988 Council met on Monday, February 1, 1988 at 6:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hopkins, were present. Alderman Pay presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ~ -TED, REGULAR MEETING Council Chambers February 1, 1988 Council met on Monday, February 1st, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Hopkins, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES AIderman Cheesman requested that in the minutes of January 25th, 1988, under New Business, Retirement of the Director of Finance, it should be noted that Council and Staff had sung "For He's a Jolly Good Feliow". His Worship Mayor Smeaton welcomed Robert Lewis, the new Director of Finance, to the meeting. His Worship Mayor Smeaton referred to the Deputation of Mr. Peter Bishop with respect to Niagara Transit~ and advised that at the Committee of the Whole meeting held earlier this evening, Council had met with the Transit Commission, had received an additional report from the Commission, and made the decision to rise and report. -AND- Commanication No. 40 - Niagara Transit: Re: Terminal Manager. The communication responds to the concerns submitted by Mr. Peter Bishop at the January 25th, 1988 Council meeting, suggests that the matter receive no further public attentionJ and that Mr. McLean be permitted to proceed as the person selected by the Commission as the Terminal Manager. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinspergers that the minutes of the meeting held January 25s 1988 be adopted as amended. Carried Unanimously. COMMUNICATIONS No. 4I - lagienal Niagara Office of the Clerk- Re: 1988 Interim Levy. The communication attaches Report No. DF-88-6s the approved 1988 Interim Levy to be paid by area Municipalities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 42 - Regional Niagara Office of the Clerk - Re: 1988 Interim Levy By-law. The communication encloses a copy of By-law No. 4988-88, being "A By-law to provide for an Interim Levy Against the Area Municipalities in the Year 1988". - 2 - ORDERED on the motion of Alderman Pay, seconded by Alderman ltinsperger, that the communication be received and adopted. Carried Unanimously. No- 43 - Regional Niagara Office of the Clerk - Re: Third Quarter 1987 Building Permit Activity Report. The communication attaches Report DF-88-2, regarding the subject matter- ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously- No. 44 - Regional Niagara Public Works Department - Re: Water/Sewage Flows- The communication attaches Report DEP-2632, Water and Sewage Flows by Municipal- ity Monthly Report for December 1987- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be ~eceived and filed. Carried Unanimously. ~'~.~. ~ ~ No. 45 -The Corporation of the City of York - Re: Tax Deductibility for Campaign Contributions & Fund Raising Events- The communication asks Council to endorse a resolution respecting the subject matter, and to advise the Minister of Finance and Minister of Revenue for Canada, as well as the Minister of Municipal Affairs and Minister of Revenue for Ontario. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the resolution be endorsed- The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Harrington , Hinsperger, Orr and Pay. NAYE: Aldermen Baker, Janvary and Puttick. -3- scheduled for February 11, 1988 at 7:30 p.m. in the Sir Winston Churchill Secondary School Auditorium, Glen Morris Drive, St. Cathartnes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed and as many interested persons as possible attend the meeting. Carried Unanimously. No. 51 (HANDOUT) - The Canadian National Institute for the Blind, Region of Niagara - Re: Proclamation. The communication asks Council to proclaim the week of February 7th to 13th, 1988 as "White Cane Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. REPORTS B-88-06 - Chief ~amtnistrative Officer - Re: City Hall Garage. The report recommends that Staff be authorized to call for tenders for demolition of the City garage. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. PD-88-20 - Environmental Planning Coaw,~ttee - Re: Environmental Planning Committee Work Program & Associated Budget for 1988. The report recommends the following: No. 46 -Minister of Nunicipal~fairs - Re: Municipal Administration Program. The communication advises that the Province of Ontario will provide financial assistance to Municipalities willing to offer students practical and meaningful experience in local government. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the communication be referred to Staff- Carried Unanimously. No. 47 - Niagara Falls Blackh~wksHoekey Club - Re: lOth Annual Hockey Tournament, March 3 - 6, at Stamford and Jack Bell Arenas. The communication requests approval of a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara Falls Blackhawks Hockey Club for its 10th Annual Hockey Tournament to be held at the Stamford Arena and Jack Bell Arena on March 3rd, 4th, 5th, and 6th, 1988, subject to the approval of the Regional Police Depart- ment, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 48 -Kidney Foundation of Canada, Niagara Falls Chapter - Re: Annual Door-to-Door March Campaign, March 1st, to 31st, 1988. The communication asks permission to hold the Campaign. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the request be approved. Carried Unanimously. No. 49 (BANBOUT) - Dethrone NIagara Falls, Do~nte~nBnard of Management - Re: Chinese New Year Celebration - The Year of the Dragon. The communication provides information regarding the program planned for the aforementioned Celebration, and asks Council to approve a temporary closure of part of Queen Street for the event. Mrs. Margaret Nagy, Coordinator, reviewed information contained in the communication and responded to questions raised. ORDERED on the motion of Alderman Janvary, seconded by Alderman .Cummings, that the request be approved. Carried Unanimously. No. 50 (~DOBT) - ~he Regional Ntuficipality of Niagara, Office of the ~haimn - Re-' Workshop-Region-wide Market Value Assessment. The communica- tion attaches Report DF-87-92, regarding the subject matter, and provides information regarding a workshop, to brief Area Municipal Councillors and Staff, 1) 2) 3) That Staff be directed to initiate the 1988 work program on the environment as detailed in PD-87-151; That Council endorse $7,300.00 for the Committee's efforts in 1988 to be taken from Special Purpose Reserves; and That the City enter into an agreement with the Ministry of Natural Resources regarding the Ontario Resource Sector Program for project initiation and funding; ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. PD-88-21 - Environmental Pla..4ng Co=atttee - Re: Contact Between the International Joint Commission & the Residents of the Great Lakes Basin. The report recommends that the attached letter be sent to the Co-Chairperson of the International Joint Commission recommending increased contact between the International Joint Commission and residents. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. R-88-01 - Chief Administrative Officer - Re: 1988 Parks and Recreation Operating Budget. The report recommends the following: 1) 2) That Council approve in principle the following improvements budgeted in the Parks and Recreation Operating Budget: (a) repair and rustproof the metal roof at the Jack Bell Arena; (b) replace the brine headers at the Jack Bell Arena; (c) remove existing tennis courts at A.G. Bridge Park and replace with new ones; (d) resurface the exiating tennis courts at Riverview Park a~d Ker Park, That Council approve an application to the Ministry of Tourism and Recreation for financial assistance for the projects listed above. that the report be received and adopted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, Carried Unanimous.~7. See Resolution No. 6. 4 M-SB-4}3 ({~T) - Mayor Sineaton - Re: Clare Dahmer Plaque Dedication. The report advises that the dedication ceremony of the Clare Dahmer Plaque has been scheduled for February 10, 1988 at 7:00 p.m. in the Stamford Memorial Arena. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted- Carried Unanimously. M~88-16 - Chief A~[n~strative Officer - Re: Upgrading of Regional Low Lift Sewage Pumping Station in Chippawa. The report recommends that Regional Niagara be requested to initiate immediately the proposed upgrading of the Low Lift Sewage Pumping Station in Chippawa and to expedite the necessary pumping equipment delivery. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-88-17 - Chief Administrative Officer - Re: Remedial Measures - Wastlane/ Westwood Sanitary Sewer System. The report recommends that the Mayor and Clerk be authorized to sign an Engineering Agreement with Proctor & Redfern Ltd. for the purpose of engaging the services of this firm to prepare construction drawings and specifications, provide construction layout, provide construction inspec-tion and to undertake contract administration for Phase I of the proposed sanitary relief sewer for the Westwood/Westlane area of the City at an estimated cost of $53,800.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-23. 1~1-88-18 - Chief Administrative Officer - Re: Revisions to Rearyard Catchbasin Easements - Dorchester Village Subdivision - Plan 59M-110. The report recommends that the by-law appearing on tontght's Council agenda to authorize the execution of a transfer and a release of easements in the Dorchester Village Plan of Subdivision, be approved. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 88-19. F-88-10 - Chief Adsinistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $160,991.11 for the period ending February 1, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 30368 because a member of his family is employed with the organization.' Alderman Hinsperger declared a conflict of interest on Cheque'Nos. 30336 and 30345 because he is employed with the company. Additional information was provided on Cheque Nos. 30379 and 30405; and a verbal report was requested on Cheque No. 30420. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Cheesman and Hinsperger abstaining from the vote on Cheque Nos. 30368, 30336 and 30345 consecutively, on conflicts of interest previously recorded; and with all others voting in fayour. S-88-02 - Chief Administrative Officer - Re: Proposed Closing and Conveyance of Two Lanes Abutting on Lands Owned by E.H, Ferree Company Limited and Onex Packaging Inc, (formerly American Can of Canada Limited), The .report recommends that Connell take the following action with respect to the proposed closing of the public lanes shown on the attached plan: 1) Pass the by-law appearing on tonight's agenda to authorize an agreement with the abutting owners respecting the sale and conveyance of parts of the lanes, when closed; -5- 2) Pass the by-law to assume the lanes; 3) Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required notice of a by-law to authorize the closing and sale of the two lanes. Alderman Coville declared a conflict of interest because her husband is employed with Onex Packaging Inc. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Cummings, Harrington, Hinsperger, Janvary, Orr and Puttick. NAYE: Alderman Pay. See By-law No. 88-20 and By-law No. 88-21. CD-88-O4 - Chief Administrative Officer - Re: Proposed Stoop & Scoop By-law. The report recommends that a "Stoop and Scoop" By-law be prepared which would cover selected Municipal Parks, for a one year trial basis. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 6 - CUMMINGS - CAMPBELL - RESOLVED that the Council of the Corporation of the City of Niagara Falls does hereby approve the submission of an applica- tion to the Ministry of Tourism and Recreation for financial assistance in respect to the following projects: a) Repair and rustproof of the metal roof at the Jack Bell Arena; b) Replace the brine headers at Jack Bell Arena; c) Remove existing tennis courts at A.G. Bridge Park and replace with new ones; d) Resurface the existing tennis courts at Riverview Park and Ker Park. : AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave b~ granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-18 - A by-law to authorize an agreement with Raymond Guinard and Deanna Sweet-Guinard. No.'88-19 - A by-law to authorize the execution of a transfer and a release of easements in the Dorchester Village Plan of Subdivision. No. 88-20 - A by-law to authorize an agreement with the owners of land abutting two public lanes in the Z.B. Lewis Plan, now known as Plan II. No, 88-21 - A by-law to assume two public lanes in the Z.B. Lewis Plan, now known as Plan II. No. 88-22 - A by-law to authorize an extension of a lease with the Boys' Club of Greater Niagara (6681Culp Street). No, 88-23 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for engineering services respecting remedial measures for the Westlane/Westwood sanitary sewer system. -6- 88-24 - A by-law respecting sick leave credits, pensions and other benefits for employees. No. 88-25 - A by-law to provide monies for general purposes. The motion Carried with Alderman Coville abstaining from the vote on By-law Nos. 88-20 and 88-21 on a conflict of interest previously recorded in Report No. S-88-02; Alderman Pay voting contrary on By-law Nos. 88-20 and 88-21; Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 88-25, on conflicts of interest previously recorded in Report No. F-88-10; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 88-18 - A by-law to authorize an agreement with Raymond Guinard and Deanna Sweet-Guinard- No- q8-19 - A by-law to authorize the execution of a transfer and a release of easements in the Dorchester Village Plan of Subdivision. No. 88-20 - A by-law to authorize an agreement with the owners of land abutting two public lanes in the Z.B. Lewis Plan, now known as Plan II. No- 88-21 - A by-law to assume two public lanes in the Z.B. Lewis Plan, now known as Plan II. Bo sw No, 88-22 - A by-Zaw to authorize an extension of a Zease with the y CZub of Greater Niagara (6681Culp Street), No. 88-23 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for engineering services respecting remedial measures for the Westlane/Westwood sanitary sewer system. 88-24 - A by-law respecting sick leave credits, pensions and other benefits for employees. No. 88-25 - A by-law to provide monies for general purposes. The motion Carrled with Aldermen Coville abstaining from the vote on By-law Nos. 88-20 and 88-21 on a conflict of interest previously recorded; Alderman Pay voting contrary on By-law Nos. 88-20 and 88-21; Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 88-25, on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEM OF II~rxaaST: For~er Director of Finance - Retirement Party - Alderman Cummings discussed the success of the Retirement Party held for the former Director of Finance, Gerald E. Fartell, on January 29th, 1988. Me commended the Chief Administrative Officer on an "excellent Job" as Master of Ceremonies, and referred to Mayor Smeaton's solo at the opening of the program. ITKMOF CONCI~: Mr. Rob Nicholson's Presentation/Free Trade - Alderman Campbell referred to the presentation respectin8 Free Trade, made by Mr. Rob Nicholson, M.P., on January 25th, 1988. He advised that he had contacted the Chateau des Charmes, one of the wine industries in the area, and had been informed that they were not in fayour of Free Tradez contrary to the statement made by Mr, Nlchol8on. During the discussion, it was suggested that Mr. Nicholson be apprised of the information received by Alderman Campbell. It was pointed out that the Free Trade issue was being studied by a Regional Committee, and that Council members were awaiting the result of the Study. It was moved by Alderman Puttick, seconded by Alderman Campbell, that the meeting adjourn to Committee of the Whole. Carried Unanimously. COMMITTEE OF THE WHOLE Committee Room #1 February 1, 1988 Council met on Monday, February 1st, 1988, at 8:30 p.m. in Committee of the Whole, following a regular meeting. All members of Council, with the exception of Alderman Hopkins, were present. Alderman Pay presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND AD PT~D, COUNCIL MEETING Council Chambers February 1, 1988 Council reconvened in formal session on Monday, February 1st, 1988, following a meeting in Committee of the Whole. All members of Council, with the exception of Alderman Hopkins, were present. His Worship Mayor Smeaton presided as Chairman. -'= .The meeting adjourned. READ AND ADOPTED, SIXTH MEETING COI'fl4ITTEE OF THE WHOLE Committee Room #1 February 8, 1988 Council met on Monday, February 8th, 1988, at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. /~ PLANNING/REGULAR MEETING Council Chambers February 8, 1988 Council met on Monday, February 8th, 1988, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Coyills offered the Opening Prayer. s.dA o/ ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the minutes of the meeting held February 1st, 1988, be adopted as printed. Carried Unanimously. WELCOME 201'1t NTAeARA FALLS SCOOT TROOP - His Worship Mayor Smeaton welcomed representatives of the 20th Niagara Falls Scout Troop and their Leader, Eibert Dykstra, to the meeting· PRESENTATION UNITED WAY CERTIFICATES - His Worship Mayor Smeaton expressed appreciation and presented to the Deputy City Clerk, Barbara G. Scott, a Certificate on behalf of her efforts towards the United Way Campai8n. The Deputy City Clerk also received a Bronze Award for the employees of the City of Niagara Falls. His Worship Mayor Smeaton expressed appreciation on behalf of the United Way+ and presented a Certificate to Ken Messlip for his assistance; and presented a Gold Award to Bob Mitchell with appreciation. REPORTS - PLANNING MATTERS · D-88-23 - Chief Administrative Officer - Re: Zoning Amendment Application AM-6/88, M. ManoJlovich; 5768 Spring Street (Concord Hotel, 5749 Ferry Street). The report recommends the following: l) That Council approve the subject application to fezone the lands for parking purposes; 2) That the parking ares created be no closer to the street line than the averave setback of the residential properties on the block; 3) -2- That the lands be placed under site plan control in order to address such matters as the provision of landscaping between the parking area and the street line, and the erection of appropriate fencing around the perimeter of the parking lot to buffer residential properties- - AND - Co~unication No, 52A- Petition from Residents of Spring Street & Temperance Avenue - Re: AM-6/88, Zoning Amendment Application. The communication opposes the application because of decreased privacy on adjoining lands; increased late night noise; inappropriate behaviour and litter; as well as increased traffic, safety hazard and vandalism. - AND - Cosw,'h4cation No~ 52B - Regional Niagara Planning & Development Department - Re: preliminary Application AM-6/88, Parking for the Concord Hotel, Spring Street, '~est "~f Temperance Avenue- The report advises that Regional planning Staff are not opposed to the proposed parking areas as a use, but indicate that it should be designed to minimize its impact on adjacent dwellings through visual screening and increased setback- · His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure to be followed under the Planning Act, 1983- The City Clerk described the location of the subject lands and advised that the applicant requests an amendment to the zoning of the subject property from Single Family and Two Family Residential (R2) to Parking (P) to permit construc- tion of a parking lot to be used in conjunction with an existing hotel. He stated that the Notices of the Public Meeting were forwarded on January 8, 1988. His Worship Mayor Smeaton received indication that Mr. Peter Mann, Solicitor, was in attendance on behalf of the applicant; received a positive response to his request for a show of hands to indicate the presence of persons in favour of, or opposed to the application; and asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in the Technical Report: Development Proposal; Official Plan; Zoning By-law; Agency Comments; Surrounding Land Uses; Planning Review; and Site Plan Review. He responded to questions raised with respect to buffering and landscaping. There was a negative response to Mayor Smeaton's request for comments from persons present in favour of or opposed to the application. Mr. Peter Mann, Solicitor for the applicant, stated that his client was prepared to enter into a site plan agreement, and that the proposed use was in conformity with the Official Plan. He discussed the need for additional parking spaces for the hotel; advised that his client was aware of the concerns of near- by residents and would be prepared to agree to a site plan agreement which would provide for a buffer zone for neighbouts in the form of fencing and landscaping. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville~ Cummings, Marringtons Mtnsperger, Hopkins, Orr~ Pay and Puttick. NAYE: Alderman Janvary. '[~)-.88-24 - Chief Administrative Officer - Re: Zoning Amendment AM-5/88 and Official Plan Amendment No. 169; Drummond Road Co-operative Homes, Alex Avenue. The report recommends that Council not support the subject application. His Worship Mayor Smeaton declared the Public Meeting open and explained that the procedure would be followed under the Planning Act~ 1983, as in the previous application. 3 The City Clerk advised that the applicant proposes an amendment to the City's Official Plan and Zoning By-law to permit the construction of two 16 unit apartment buildings and 43 townhouse units; that the property was at the south side of McLeod Road between Stanley Avenue and Drummond Road; and stated that the Notices of the Public Meeting had been forwarded on February 8, 1988, and a Notice had been published in the local newspaper on February 8, 1988. There was a positive response to Mayor Smeaton's request for an indication that the applicant or his agent was in attendance; and a positive response to his request for a show of hands indicating the presence of persons in favour of or opposed to the application. Mayor Smeaton asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the City Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal; Official Plan Amendment; Zoning By-law Amendment; Public Notification Process; Surrounding Land Uses; Planning Review; and Site Plan Review. He stated that the applicant was revising the proposal to eliminate the apartment building in favour of townhouse dwellings, and recommended that Council not support the subject application. A discussion was held regarding the legality of dealing with the original application versus the proposed revision to the application. The Director of Planning & Development stated that the changes were not substantially different. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the original application only be considered. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Janvary, Orr and Pay. NAYE: Aldermen Herrington and Puttick. Mr. Kim Craitor, President of the Niagara Falls District Labour Council addressed Council in support of the rezoning application. He discussed the need for affordable housing in Niagara Falls, referred to the apartment vacancy rate and the townhouse vacancy rate in Niagara Falls and stated that there was not enough accommodation to meet the demand. There was a negative response to Mayor Smeaton's request for comments from persons opposed to the application. Mrs. Pat High, President of the Drummond Park Co-operative, introduced the following volunteers in attendance; Mrs. Margaret Harrfngton, Treasurer; Mr. Mike McAra, Vice President, and Mr. Grant Jones Secretary of the Co-operative; Mr. Ray McCarthy, Westwood Co-operative; and Marlens LaForge, Chairman of the Social Justice Committee, Y-W.C.A. Ms. Ellen Vera Allen, Architect, discussed the proposal with the assistance of a sketch depicting the proposed units. She described the plans of the Co-operative, the community centre, play space, and wood lot, and stated that they were attempting to have a community within the designated area, protected from the surrounding areas with buffering. Ms. Allen discussed the adequacy of the parking spaces, as well as the accessibility of units for the handicapped. Mr. Rob Dibrucki, Consultant, Niagara Peninsula Homes, stated that a request was being made for the consideration of planning priority for land uses. He referred to his contacts with the Planning Department and the constraints on available land under the Ministry of Housing, with some property owners declin- ing to sell properties for social housing. Mr. Dibrucki referred to the considerable benefits of the subject property being utilized for affordable housing and more harmonious to adjacent lands than tourist commercial use; driveways with access to Alex Avenue; roadways for the safety of children; and stated that the owners of affected lands were in attendance. He referred to his understanding that Council could make any amendments it chose under the structure of the Planning Act. Mr. Tom Salters representing the current owners of the subject landss 687876 Ontario Limited, stated that the proposal for 75 units wouid be supporteds as well as no building within the wood lot. His Worship Mayor Smeaton declared the Public Meeting closed. -4- A discussion followed regarding the necessity for affordable housing in the community and the used for construction locations, as well as the desirability of assisting non-profit housing groups to search for available property, Traffic ingress and egress onto Alex Avenue, the adjacent subdivision, and high density were discussed, the need for tourist commercial land in the community, as well as the importance of locating residents in appropriate areas, ORDERED on the motion of Alderman patrick, seconded by Aldermen Campbell, that the application be approved in principle, iu order that the matter might be with the """- reconsidered through the proper process- The ~otion was Defeated following vote: AYE: Aldermen Campbell, Cummings, Harriugton, Hiusperger, Hopkins and puttick. NAYE: Mayor Smeaton, aed Aldermen Baker, Chessman, Coville, Janvary, Orr and Pay. A discussion ensued regarding the available funding for the non-profit housing project, restrictions on the number of units end protection of the wood lot. The Director of planning & Development advised that Council has the oVportueity to meke minor changes to the proposals- ORDERED on the motion of Aldermen Hinsperger, seconded by Aldermen Campbell, that the application be approved aubJect to available funding. A discussion took place regarding parliamentary procedure for rescinding of a motion and the reintroduction of a subject when a motion has been passed. His Worship Hayor Smeaton reviewed By-law Number 72-148, A By-law to provide for the Standing Rules of the Council, Rule No. 27 and 28 as follows~ Rule 27: After a motion is passed or report adopted, no motion for a reconsideration thereof shall be introduced during the same meeting, unless it is ~oved and seconded by two members from among those who voted with the majority that carried the main motion or report. Rule 28: If the motion for reconsiderslion be not made until the next meeting, the question she!l 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· His Worship Mayor-Smeaton stated that the matter may not be reintroduced this evening, and requested the support of Council on this ruling. ORDERED on the motion of Alderman Chessmen, seconded by Aldermen Coyills, that Mayor Smeaton's interpretation of the Standing Rules of Council, Nos. 27 and 28 be supported. The motion Carried with the following vote: AYE| Aldermen Baker, Campbell, Chessman, Coyills, Hopkins, Janvary, Orr and Pay. NAYB~ Aldermen Cummings, ~.rrington, Hinsperger and putt~ck. Bis Worship MaYor Smeatoa declar~i a five minute recess at 9~40 p.m. The Council meeting reconvened in the Council Chambers at 9~5 p.m. His Worship Mayor Smeaton suggested that the matter be referred to the Solicitor, and tabled ior one week with the interpretation and rules as s~ated previously for reconsideration of the matter at the next meeting of Co~nci!, It was Sanerally agreed that the matter be tabled, VI)-88-26 - Chief Administrative Officez - Re: Zoning Amendment Application AM-3/88| Mr. Orsini, Lundy'e Lane/Belmont Avenue· The report recommends that Council not support the application for construction of a 6 storey hotel. The Clerk stated that the Notices of the Public Meeting had been forwarded on January 8th, 1988; .that Mr, flus 0rsini was the applicant~ that the property was located at the northeast corner of Lundy~s Lane (Regional Road 51) and Belmont Avenue~ and that the applicant is requesting an amendment to Zoning By-law No. 79-200 to permit the construction of a ll4 rooms 6 storey hotel with an indoor pool'. Sad coffee shop· -5- - AND - Communication No. 53A - P. Pasquet & L.J. Kithey - Re: Zoning Amendment Application AM-3/88, Official Plan Amendment No. 165. The communication did not express opposition to the application, however, restricted uses of the lends to an hotel were requested as well as a request to retain established policy with respect to maximum permitted height; and stated that there were concerns regarding drainage and traffic, and requested an opportunity to participate in the site plan process. Communication No. 53B - Regional Niagara Planning & Development Department -Re: Preliminary Application AM-3/88~ Proposed 6 Storey Note1, Lundy~s Lane and Belmont Avenue. The communication advises that the development of the subject site for a hotel as proposed by the application was supported, however the City may wish to consider guidelines for lower density proposed by the Tourist Area Study. Cosmunication No. 53B - Regional Niagara Public Works Department - Re: Proposed ll4-Room Hotel Complex AM-3/88, Niagara Road 51 (Lundy's Lane). The communication does not object to the proposed rezoning, subject to restricted entrances to Belmont Avenue, as well as the submission of a site servicing plan. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure would be followed as in the previous applications under the Planning Act, 1983. He noted that Mr. Gus Orsini, the applicant, and Mr. John Broderick, Solicitor, were in attendance; and received a positive response to his request for a show of hands of persons present who were in favour of, or opposed to the application. Mayor Smeaton requested that persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Public Notification Process; Planning Review; and Site Plan Review. His Worship Mayor Smeaton received a negative response to his request for comments from persons other than the applicant or his agent, in support of the application; and a negative response to his request for comments from persons in opposition to the application. Mr. John Broderick, Solicitor for the applicant, asked Mr. Peter Lesdow, Architect to address the planning considerations. Mr. Lesdow discussed the proposal with the assistance of posted sketches, pointing out comparisons and impacts on the adjacent lands in connection with a six storey versus a four storey structure. He discussed ingress and egress areas; an agreement with the M.T.C. for lease of the lands on the eastern boundary of the subject property with some landscaping and additional parking area. Mr. Lesdow concluded that the six storey structure would have a lesser impact on the surrounding area. Mr. Broderick discussed the uniqueness of the location in relation to other tourist commercial areas on Lundy's Lane; described the surrounding properties; and referred to the proposal as a "high rise quality type of building". He discussed the recent acquisition of land along Belmont Avenue from the Ministry of Transportation at a cost of $14,000.00, and the request that the land be donated to the City although there was no provision for the widening of Belmont Avenue at the present time. Mr. Broderick referred to the Lanmer Fenco Study as an "Interim Report". He advised that the site plan process would address the concerns of residents in the area. His Worship Mayor Smeaton declared a conflict of interest because a member of his family is employed by the family of the applicant. He asked Alderman Hinsperger to act as temporary Chairman, and retired from the Chambers. Alderman Hinsperger presided as Chairman· A discussion followed regarding the recommendations in the Lanmer Fenco Study with respect to height restrictions throughout the City and approval of this application setting a precedent for future applications in the Lundy's Lane area· -6- Since no further comments were forthcoming, Alderman Hinsperger, Chairman, declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the proposal, as presented, be approved. The motion Carried wlth Mayor Smeaton abstaining from the vote on a conflict of interest previously recorded; and with the following vote: AYE: Aldermen Campbell, Cummings, Janvary, Orr, Pay and Puttick. NAYE: Aldermen Baker, Chessman, Coville, Harrington and Hopkins. His Worship Mayor Smeaton returned to the Chair. PD-88-27 - Chief Administrative Officer - Re: Zoning Amendment Application AM-6/87; V. & C. Golia, 6179 Toby Crescent. The report recommends the following: 1) That Council support the proposed rezoning of the subject lands for the creation of a parking lot; 2) That a 3 metre (10 foot) landscape strip be provided along the easterly boundary of the lands to be rezoned to create an improved buffer between the proposed parking lot and the adjacent residential property; 3) That Staff be directed to prepare the appropriate by-law amendment for the applicant's total land holdings, including a site plan control by-law for enactment at a subsequent Council meeting. - AND - Cosaunication No. 54A - Original Petition from Area Residents - Re: Zoning Amendment Application AM-6/87. The communication opposes the application because of the impact on the adjacent single family residential area; increased traffic and safety hazard to children of the area; loitering; drainage; decreased property values; inadequate maintenance of the existing property; and destruction of existing mature trees. -AND - Cossunicatlon No. 54B -Jlm &Natcells WelltnSton - Re: Zoning Amendment Application AM-6/87. The com~nuntcatton opposes the application because of the long term residential nature of the adjacent area; loitering and safety concerns with respect to the proposed parking area; removal of mature trees; drainage; and decreased property values. - AND - Communication No. 54C - Director of Buildings & Ieapectioes - Re: Zoning Amendment Application AM-6/87. The communication states that atotal of 55 on-site parking spaces will be required, and suggests that the applicants' property be developed in accordance with one site plan and one site plan agreement. The Clerk advised that the Notices of the Public Meeting were forwarded on January 8th, 1988. He further advised that the subject lands were located on 6179 Toby Crescent, and that the applicant requests the amendment of Zoning By-law No. 70-69 to permit the development of the subject lands for parking purposes, the existing dwelling is to be retained and the parking is to be used in conjunction with an existing commercial establishment on the adjacent lands to the west and will facilitate an addition to this building. His Worship Mayor Smeaton declared the Public Meeting open and stated that the procedure to be followed would be similar to that followed in the p~evious applications under the Planning Act, 1983. He noted that Mr. W. Slovak, Solicitor for the applicant, and the applicant were in attendance. There was a positive response to Mayor Smeaton's request for a show of hands of persons present who were in fayour of, or opposed to the application. Mayor Smeaton asked all persons wishing to receive further notice of the passing of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting, -7- The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal; Zoning By-law Amendment; Official Plan; Surrounding Land Use; and Comments From the Public Notification Process; Planning Review. Mr. John Hamer, Chairman, Loyal Orange Lodge at 6202 Dunn Street, advised that the Lodge was in favour of the application. Mr. Jim Wellington, 6169 Toby Crescent, referred to his original letter and petition of opposition referred to previously, and stated that a single family lot would be "lost to a commercial parking lot"; and further stated that the only issue which had been taken care of was the road access, and the previous objections remained. He reviewed the specific objections, and referred in particular, to the removal of the mature spruce trees, as well as increased drainage from the proposed parking lot. Mr. Wellington commended the Planning Department for its assistance in the past year. Mrs. Elizabeth Grice, 6176 Collins Drive, expressed strong opposition to the recommendation of the Planning Department, with respect to the parking lot being installed into the area, stating that it "belongs in a commercial area". Mr. W. Slovak, Solicitor, distributed sketches to Council members, depicting an example of alterations which were presently valid under the current zoning without the approval of Council. He stated that his client wishes to address the concerns of nearby residents, and would be willing to adhere to any site plan agreement. Mr. Broderick further stated that comments had been addressed; that the parking lot would require fill, the grade was below the adjoining property, and the flow would be towards Drummond Road and should not therefore be a problem. He advised that his client was prepared to preserve the mature trees by moving them to the side of the property on the suggestion of the Planning Department, thereby enhancing the site. Mr. Slovak expressed concern regarding the proposed 10 foot buffer strip beside the property owned by Mr. Wellington, because this would reduce available parking. He advised that the single family residence owned by the applicant abuts Mr. Wellington's property at the rear, and was not being removed. The Director of Planning & Development responded to questions raised regarding parking requirements. Since no further comments were received, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted, and the concerned neighbouts notified when the site plan is being processed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Hineperger, Janvary, Orr, Pay and Puttick. NAYE: Aldermen Cummings, Harrtngton and Hopkins. It was moved by Alderman Cheesman, seconded by Alderman Harrington, that approval be given to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Cheesman, Harrington, Hinsperger, Hopkins, Janvary, Pay and Puttick. NAYE: Alderman Baker, Campbell, Coville, Cummings and Orr. PAd-88-28 - Chief Adainistrative Officer - Re: Zoning Amendment Application AM-i/88; B. & M. Sinclair, Netherby Road. The report recommends that Council not support the subject application. - AND - Communication No. 54 - Regional Niagara Plonntng & Development Department - Re: Preliminary Application AM-l/88, Recognition of Residential Lots; Netherby Road, east of Koabel Road. The communication advises that questions concerning the legal titles of the lots should be clarified before any decision is made on the application. The Clerk advised that the Notices of the Public Meeting were forwarded on January 8th, 1988; that the applicant Mr. B. Sinclair requests Zoning By-law 70-69 to be amended to permit the construction of a single family dwelling and associated farm buildings on three parcels of land contained in Reference Plan 59R-2464, on the south side of Netherby Road, between Koabel Road and Schill Road. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure to be followed under the Planning Act, 1983, would be similar to the previous applications- He noted that Mr. Peter Mann, Solicitor was in attendance on behalf of the applicant- Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application. He asked that all persons wishing to receive ferther notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Property Description; Development Proposal; Zoning By-iaw Amendment; Official Plan; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. There was a negative response to Mayor Smeaton*s request for comments from persons present, other than the applicant or his agent, in favour of the application. Mrs. Leona Bateman, 8252 Netherby Road, R.R. #4 Welland; and Mr. Dennis Sabourin, R.R. #4 Welland, addressed Council in opposition to the application because of loss of agricultural land; drainage from septlc tanks, and storm water run-off to adjacent properties; land uses incompatible with adjoining farms; decreased property values; and questions concerning the recent sale of property. Concern was expressed regarding the waterway running across the subject properties. The Director of Planning & Development advised that although the lots may be sold, building permits for the lots would not be issued. Mr. Peter Mann, Solicitor, explained that the "checkerboard scheme" of dividing lots had become illegal in 1978, that one parcel had been sold eight years ago, and another more recently. He explained the uniqueness of the properties which are located partially in the City of Niagara Falls, and more than half in the City of Port Colborne; and further, that under the by-laws of the City of Port Colborne, houses could be constructed on the properties in that community, with driveways running north to Netherby Road. Mr. Mann stated that if the application was approved, the owner occupied properties would be properly cared for as farmlands; and further stated that if approval was not granted, the applicant would apply to Port Colborne for building permits. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Coville, that the report be received and adopted and the application denied. The motion · Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Orr, Pay and Puttick. NAYE: Alderman Chessman. 1q1-88-30 - Chief Administrative Officer - Re: Group .Home Policies, File ST-141 (1988). The report recommends that Regional Council be advised. that the City of Niagara Falls is currently studying its group home policies and that a revision is part of the Planning Department's 1988 Work Program. ORDEP~D on the marion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. REGULAR MEETING COMMUNICATIONS No, 55 - Residents Against Mailboxes (RAM) - Re: Mailbox Legislation. The communication asks Council to support a motion to request the Federal Government to abandon the Super Mailbox Program and contribute $300.00 to the R.A.M. cause. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried UnanimouslyL No. 56 - The Lincoln County Board of Education - Re: Sunday Store Openings. The communication advises of a resolution to indicate concern regarding the Provincial Government's decision on the subject matter, and requesting legisla- tion to reject Sunday shopping and to uphold Sunday as a common pause day. It was noted that Council was on record as favouring a Pause Day. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the communication be received and filed. Carried UnanimouslyL No- 57 - Large Urban Section - Association of Municipalities of Ontario (Ale) - Re: Resolutions/Open Sunday Shopping. The communication recommends that the Municipality withstand pressure for open Sunday shopping. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communication be received and filed. Carried Unanlmously~ REPORTS CD-88-11 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - Mount Carmel. The report recommends that the Mount Carmel Subdivision be approved subject to the conditions enumerated in this report. Mr. Stuart Branscombe reviewed the background history of the proposed plan of subdivision; discussed concern with regarding the W-5-1 watercourse; agreed with the required 5% parkland, and with the conditions outlined in the report, with the exception of Item Nos. 17 and 21. He stated that it was felt the City should purchase the necessary lands at a value to be established by appraisal together with improvements to the ditch. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. However, following further discussion, it was moved by Alderman Puttick, seconded by Alderman Cheesman, that the matter be tabled and referred to the Solicitor for a report, with additional information from the Director of Municipal Works. The motion to table which took precedence Carried Unanimously. B-88-07 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Used Car Lot and New Car Agency; 4650 Bridge Street. The report recommends the following: 1) That Council pass the by-law on tonight*s agenda to amend By-law No. 79-200, to permit the subject property to be used as a used car lot and new car agency; 2) 3) That Council pass the by-law on tonight's agenda to amend By-law No. 85-238 to make it clear that the subject land be under Site Plan Control; That Council approve the site plan(s) on display at tonight's meeting, being a proposed used car lot and new car agency and the site plan dated February 24th, 1987, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 15th, 1987, and that such approval be subject to the conditions outlined in the report. Alderman Puttick declared a conflict of interest because he is employed in a similar business, ORDERED 6n the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining from the vote on a conflict of interest previously recorded; and wStb the following vote~ .... 10 - 10 - AYE: NAYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Orr and Pay. Alderman Janvary. See By-law No. 88-26 and By-law No. 88-27. R-88-O2 - Chief Administrative Officer - Re: Grant Application Coronation Recreation Centre. The report recommends that Council approve in principle the expansion to the Coronation Recreation Centre, and further approve an applica- tion to the Ministry of Tourism and Recreation for financial assistance for the expansion of the Coronation Recreation Centre- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and adopted. The motion Carrie~ with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coyills, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Fay and Puttick. NAYE: Alderman Orr. See ResolUtion No- 7. 88-20 - Chief A~ml~tistrattve Officer - Re: Contract R.C. 1-88 - Burdette Drive Road Reconstruction AND LaMarsh Avenue Sanitary Sewermain and Watermain- The report recommends that the unit prices submitted by the low tendeter, Volscl Construction Co. Ltd. be accepted and that the contract be awarded to this Firm. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously- See Resolution No. 8- F-88-11 - ~lef Admi~ietrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $840,899.14 for the period ending February 8th, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 30534 because the organization is a client. Alderman Cummings declared a conflict of interest on Cheque No. 30492 because he is employed with the firm. Alderman Hinsperger declared a conflict of interest on Cheque No. 30455 because he is employed with the company. ~ Additional information was provided on Cheque No. 30489. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville~ that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings and Htnsperger abstaining from the vot~ on Cheque Nos. 30534, 30492 and 30455 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. CD-88-12 -Chief Adsinistrative Officer - Re: Amendment to Snowmobile By-law. The report recommends that the By-law respecting motorized snow vehicles be amended to prohibit snowmobilin8 in the Baden Powell Park and former John N. Allan Park. ORDERED on the motion of Alderman Cummings, seconded by Alderman MoRkins, that the report be received and adopted. Carried Unanimously. See By-lawNo. 88-33. M-88-04 -MayOr Seeston - Re: Ad Hoc Committee/Appointment of New Director of Personnel. The report recommends that a special "ad hoc" committee be established for the purpose of recommending to Council the appointment of a new Director of Personnel, . : - 11 - PD-88-02 - ~lef Administrative Officer - Re: Purchase of 5795 Morrison Street. The report, which was considered earlier this evening in Committee of the Whole, recommends that Council authorize the purchase of the property located at 5795 Morrison Street on the east side of Fire Station No. 1 at a price of $69,000.00. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 7 - ~]~INGS - ~OVILLE - RESOLVED that the Council of the Corporation of the City of Niagara Falls does hereby approve the submission of an application to the Ministry of Tourism and Recreation for financial assistance in respect to the expansion of the Coronation Recreation Centre; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Orr voting contrary, and with all others voting in favour. No. 8 - L~MMINGS - HINSPERGE~- RESOLVED that the unit prices submitted by Volsci Construction Co. Ltd. for Contract R.C. 1-88 - Burdarts Drive Road Reconstruction and LaMarsh Drive Sanitary Sewermain and Watermain, be accepted at the low tendered amount of $257,806.95; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-26 - A by-law to amend By-law No. 79-200, as amended. (AM-28/86, J. Bottacin, 4650 Bridge St.; Report PD-86-116 approved by Council October 14, 1986). No. 88-27 - 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-28/86, J. Bottacin). No. 88-28 - A by-law to Forest Glen January 11, amend By-law No. 79-200, as amended. (AM-2/88, Estates Subdivision; Report PD-88-03 approved by Council 1988). No. 88-29 - 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. (Forest Glen Estates Subdivision, Approval of Site Plans required for development north of Forest Glen Drive). No. 88-30 - A by-law to amend By-law No. 79-200, as amended. (AM-31/87, Niagara Imperial Motel Ltd., 5851 Victoria Ave.; Report PD-87-141 approved by Council October 19, 1987). No. 88-31 - A by-law to amend By-law No. 79-200, as amended. (AM-4/87, and Official Plan Amendment #160, Niagara River Construction - Proposed Mausoleum, east side Portage Rd.; Report PD-8/-109 approved by Council August 10, 1987). NO. 88-32 - 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-4/87, Niagara River Construction). - 12 - No. 88-33 - A by-law to amend By-law No. 83-275, being a by-law respecting motortzed snow vehicles. No. 88-34 - A by-law to close a portion of Queen Street to vehicular traffic on a temporary basis. No. 88-35 - A by-law to amend By-law No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Mnnicipality. No. 88-36 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections- (Mercury Avenue and Riall Street)- No. 88-37 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for road reconstrectton and a storm sewer installation on Burdette Drive and sanitary sewermain and watermain installations on LaMarsh Drive. No. 88-38 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law Nos. 88-26 and 88-27; Aldermen Campbell, Cummings and Einsperger abstaining from the vote on By-law No- 88-38, on conflicts of interest previously recorded in Report No. F-88-11; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 88-26 - A by-law to amend By-law No. 79-200, as amended- (AM-28/86, J. Bottacin, 4650 Bridge St.; Report PD-86-116 approved by Council October 14, 1986). No. 88-27 - 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-28/86, J. Bottacin). No- 88-28 - A by-law to amend By-law No. 79-200, as amended. (AM-2/88, Forest Glen Estates Subdivision; Report PD-88-03 approved by Council January 11, 1988). Ha. 88-29 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan ~ontrol areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (Forest Glen Estates Subdivision, Approval of Site Plans required for development north of Forest Glen Drive)- No. 88-30 - A by-law to amend By-law No. 79-200, as amended. (AM-31/87, Niagara Imperial Motel Ltd., 5851 Victoria Ave.; Report PD~87-141 approved by Council October 19, 1987). No. 88-31 - A by-law to amend By-law No. 79-200, as amended. (AM-4/87, and Official Plan Amendment #160, Niagara River Construction - Proposedr Mausoleum, east side Portage Rd.; Report PD-87-109 approved by Council August 10, 1987). No. ~8-32 - 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-4/87, Niagara River Construction). No. 88-33 - A by-law to amend By-law No. 83-275, being a by-law respecting motorized vehicles. - 13 - No. 88-34 - A by-law to close a portion of Queen Street to vehicular traffic on a temporary basis. No. 88-35 - A by-law to amend By-law No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Municipality. No. 88-36 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Mercury Avenue and Riall Street). No. 88-37 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for road reconstruction and a storm sewer installation on Burdette Drive and sanitary sewermain and watermain installations on LaMarsh Drive. No. 88-38 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law Nos. 88-26 and 88-27; Aldermen Campbell, Cummings and Hinsperger abstaining from the vote on By-law No. 88-38, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEM OF CONCKKN: Non-Profit Housing Croups Alderman Janvary requested that Council and Staff give assistance to Non Profit Housing Groups seeking sites for available properties. ***** It was moved by Alderman Cummings, seconded by AIderman Puttick, that the meeting adjourn. Carried Unanimously. MAYOR S. SMEATON SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #I February 15, 1988 Council met on Monday, February !5th, 1988 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Baker and Orr, were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND TED, REGULAR MEETING Cot, ncil Chambers February 15, 1988 Council met on Monday, February 15th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Baker and Orr, were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the meeting held February 8, 1988 be adopted as printed. Carried Unanimously. DEPUTATION NIAGARA TIIANSIT & NIAGARA CHAIR-A-VAN - Coxnication No. 58A - Niagara Transit - Re: Financial Statement 1987. The communication attaches the statement of affairs of the Greater Niagara Transit Commission for the year ended December 31, 1987. His Worship Mayor Smeaton welcomed the following persons to the meeting: Mr. Guy Prata, Vice Chairman; Mr. Don Pierson, Publicity Chairman; and Mr. Rudolph H. Meuser, Secretary of the Greater Niagara Transit Commission; and Miss Elizabeth Pearson and Mr. Hector Lapierre of St- John Ambulance; as well as Mr. Joe McMahon, Manager; Mr. Bob Hawes, Superintendent of Operations; and Mr. Terry Librock, Office Manager of Niagara Transit. Mr. Prata reviewed the Niagara Transit service to the community as outlined in the communication, and responded to questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication and Financial Statement be received and filed. Carried Unanimously. AND- Commantcatton No. 58B - NtaSara Chalx'-A-Van - Re.' Financial Statement 1987. The communication attaches the statement of affairs in respect to transportation of the physically disabled for 1987. Mr. Lapierre reviewed the information contained in the communication and replied to questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication and Financial Statement be received and filed. Carried Unanimously. -2- WBLCOMKHACON - His Worship Mayor Smeaton advised that Ms. Helen Fish and Mrs. Ann Livesey would address Council on March 21st, 1988 regarding the Welcome Wagon. UNFINISHED BUSINESS PROPOSED PLAN OF SUBDIVISION 'MOUNT CARNI~' - Report No, C-88-03 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Mount Carmel" - File No. 26T-87013- The report recommends that further consideration of th~ above-referenced proposed plan of subdivision be tabled.until F~bruary 29th, 1988 in order to allow further discussion with the develope~ D~rtng'the discussion, Alderman Pay pointed out the importance of considering the expropriation and maintenance of the wood lot. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted, and further, that consideration be given to maintaining the wood lot. Carried Unanimously. ZONING ~NDI~NT AN-5/88 AND OFFICIAL PLAN AMENDNENT NO. 169; DRBMMOND PARK CO-OPERATIVE HOMES, ALEX AVENUE- Report No. S-88-03 - Chief Administrative Officer - Re: Zoning Amendment AM-5/88 AND Official Plan Amendment No. 169; Drummond Park Co-operative Homes, Alex Avenue. The report provides background information regarding the action taken at the Council Meeting of February 8th, 1988, and recommends that this report be received and filed for the information of Council. - AND - Report No. PD-88-24 - Chief Administrative Officer - Re: Zoning Amendment AM-5/88 AND Official Plan Amendment No. 169; Drummond Park Co-operative Homes, Alex Avenue. (TABLED FROM FEBRUARY 8, 1988). The report recommends that Council not support the subject application.. - AND - Communication Ro. 59A - Local Count11 of Women - Re: Rezoning Application - Drummond Park Co-operative Homes. The communication expresses agreement with the proposed application. Co~am4eation No. 59B - Petition from Dnm~ond Park Village Subdivision - Re: Proposed "Co-op Housing". The communication expresses strong opposition to the proposed development. Alderman Earrington declared a conflict of interest, on moral grounds, because his wife is Treasurer of the Drummond Park Co-operative Homes. During the discussion, the City Solicitor expressed the opinion that because the Public Meeting was held at the last meeting of Council, all the evidence was heard and the Public Meeting was completed. He stated that Council should not hear further information unless a further Notice of another Public Meeting is forwarded to the public. In response to questions raised, the Solicitor advised that a motion to reconsider under Rule 28 of By-law No. 72-148, A By-law to provide for the Standing Rules of the Council would be in order. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the matter be reconsidered under Rule 28 of By-law No. 72-148. The motion was Defeated with Alderman Herrington abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Hinsperger and Puttick. NAYE: Aldermen Campbell, Chessman, Coville, Cummings, Hopkins, Janvary and Pay. His Worship Mayor Smeaton advised that if the applicants submitted a new application, the Clerkts Department would be asked to notify any new peraons who had been involved. - 3- RKNAKINC OF MORRISON STREET - Report No. C-88-02 - Chief Adm4uistrative Officer - Re: Renaming of Morrison Street. The report recommends that no further action be taken to change the name of that section of the road allowance between Kent Avenue and Montrose Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously_L. COMMUNICATIONS No. 60 - Minister of Municipal Affairs - Re: Municipal Employment Equity Program. The communication attaches 1988/89 guidelines for the Program and urges participation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to Staff. Carried Unanimously__. No. 61 -Kinistry of Natural Resources - Re: Declaration of Flood Emergencies and Flood Response Plans. The communication clarifies roles of Provincial Ministries of the Solicitor General and Natural Resources in response to emergencies, and encourages Municipalities to prepare emergency plans for all types of emergencies. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be referred to Staff. Carried Unanimously. No. 62 - Overholt T.V. Video &Appliances Ltd. - Re: Sunday Store Openings. The communication requests permission to conduct business on Sunday because the firm is located on Victoria Avenue; and further, that since Victoria Avenue connects the International bridge and Niagara Parkway this should be designated a "tourist" area. Mr. Overholt replied to questions raised regarding competi- tors which have business hours on Sundays. During a lengthy discussion, Mayor Smeaton stated that the Municipality does not have the authority to grant permission to conduct business on Sundays, and further, that if the matter was referred to the Regional Municipality of Niagara, a recommendation from the Municipality would be required. ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the request be denied. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Alderman Puttick. No. 63 - Association of Nunicipalities of Ontario (AHO) - Re: Retail Business Holidays Act. The communication urges Council to support a resolution that it is contrary to the interests of all Municipalities in Ontario to include the matter of open Sunday shopping as a referendum item on a Municipal ballot, and that the Premier of Ontario, the Minister of Municipal Affairs and the Solicitor General be so advised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the resolution and request of AMO be supported. Carried Unanimously. No. 64 - Solicitor Ceueral - Re: Impaired Driving. The communication advises that the Ministry is increasing its enforcement activities and comple- mentary measures to reduce accidents resulting from impaired driving, and further that funds would be available in the Spring of 1988 to help Municipal Police forces establish or enhance R.I.D.E. enforcement activities over the next two years. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff. Carried Unanimo?sly. -4- REPORTS B-88-08 - Chief Ad~nistrative Officer - Re: The Buildings & Inspections Department Report for January 1988. The report provides information regarding Permits Issued and Highlights for January 1988, as well as February Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously. P-gS-O4 - ~hief Ad~nistrative Officer - Re: Employment Application Form. The report attaches a draft copy of a revised Employment Application form which has been reviewed and approved by the Ontario Human Rights Commission, and recommends that the report be received and filed for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-88-12 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $688,949.12 for the period ending February 15th, 1988, be approved by the passing of the by-law appearing later on the.agenda- Alderman Campbell declared a conflict of interest on Cheque No. 30563 because it is to himself. Alderman Hinsperger declared a conflict of interest on Cheque No. 30547 because he is employed with the company. Additional information was provided on Cheque Nos. 30606, 30607, and 30615. Further information was requested on Cheque No. 30653. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Campbell, and Hinsperger abstaining from the vote on Cheque Nos. 30563 and 30547 consecutively, on conflicts of interest previously recorded; with Alderman Cummings voting contrary on Cheque Nos. 30606 and 30607; and with all others voting in favour. Alderman Puttick advised that he had Just been informed that his daughter had given birth to a son, and he had become a grandfather for the first time. He was congratulated by Council members, and retired from the meeting. Alderman Chees~an - Re: The Niagara Falls Art Gallery. The report provides information regarding the present status of the Gallery, and recommends that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. M-88-05 (BANDO~T) -Mayor gmeaton - Re: Request for Acoustical Barrier along Q.E.W. between the Optimist Park & Mountain Road. The report recommends that the Minister of Transportation be asked to review the prioritization given to the request of the City of Niagara to have acoustical noise barriers erected along the east side of the Q.E.W. between 0ptimist Park and Mountain Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minspergers that the report be received and adopted. Carried Unanimously. See Resolution N0.10. RESOLUTIONS No. 9 - MEgMAN - PAY - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for subsidy under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during the year 1987 in the amount of $6~287s593.33; AND the Seal of the Corporation be hereto affixed· Carried Unanimously. 5 No. 10 - CUMMINGS - HINSPERGER - RESOLVED that WHEREAS the Council of the Corporation of the City of Niagara Falls has received a petition from area residents requesting the installation of an acoustical barrier along the east side of the Queen Elizabeth Way, between Highway 420 and Mountain Road, more specifically between the North Limit of the Optimist Park and Mountain Road; and WHEREAS City Council is supportive of the request; and WHEREAS the responsibility for the installation of an acoustical barrier at this location rests with the Ministry of Transportation for Ontario; WHEREAS the subject location has been identified as a candidate site for the retrofit of a noise barrier; THEREFORE BE IT RESOLVED that the Minister of Transportation be requested to review the priority for the installation of an acoustical barrier at the subject location; ; ~ the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws, and the by-laws he read a first time: No. 88-39 - A by-law to authorize the acquisition of the purchase of 5795 Morrison Street. No. 88-40 - A by-law to amend By-law No. 79-200, as amended. (AM-17/87 Far East Chinese Restaurant, 6536 Thorold Stone Road; Report PD-87-93 approved by Council July 13, 1987). No. 88-41 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, and Herrington abstaining from the vote on By-law No. 88-41, on conflicts of interest previously recorded in Report No. F-88-21; Alderman Cummings voting contrary on By-law No. 88-41 as previously recorded in Report No. F-88-21; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 88-39 - A by-law to authorize the acquisition of the purchase of 5795 Morrison Street. No. 88-40 - A by-law to amend By-law No. 79-200, as amended. No. 88-41 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Herrington abstaining from the vote on By-l"~No. 88-41, on conflicts of interest previously recorded; Alderman Cummings voting contrary on By-law No. 88-41 as previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF I~'rAaZST: Great Lakes United Committee - Alderman Coville requested that members of Council participate on the Great Lakes United Committee. It was suggested that the matter be referred to the next meeting of Council for a decision, and further, that a cost estimate of serving on the Committee be included in the report· 6 Retireseat - Deputy Clty Clerk - The City Clerk advised that since he would be on vacation for the next two Council Meetings, the Deputy City Clerk, Miss Barbara G. Scott, would be in attendance at the meetings. He further advised that the Deputy City Clerk would be retiring from her position after the two week period, having been a dedicated employee with the City of Niagara Falls for over forty-one years. The Deputy City Clerk was congratulated and best wishes were extended to her. All persons present sang "For She's a Jolly Good Fellow". It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND ADOPT~ED/ ~~-~.~ CL~/' ' ' ~ EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 22, 1988 Council met on Monday, February 22nd, 1988 at 6:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Campbell, were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY CLERK So SMEATON REGULAR MEETING Council Chambers February 22, 1988 Council met on Monday, February 22nd, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Campbell, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Baker offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the meeting held February 15, 1988 be adopted as printed. Carried Unanimously. DEPUTATION REQUEST FOR BREAK-OPEN TICKET LICKNUE - Report No. CD-88-14 - Chief Administrative Officer - Re: Application for Licence to Sell Break-Open (Nevada) Tickets, Kinsmen Club of Niagara Falls. The report recommends that Council maintain its policy adopted at the meeting of August 17, 1987 to not grant an exemption under Sections 3, 4(b) and 17(b) of the terms and conditions under which a break-open (Nevada) ticket licence is issued. Mr. Anthony Volpotti, President; and Mr. Dan Toppari, Chairman for Nevada Ticket Lottery, Kinsmen Club of Niagara Falls, and other members of the Club were in attendance. Mr. Toppari provided a brief historical backgrouDd of the Kinsmen Club and requested permission to operate a break-open ticket lottery for a trial period of 3 months. He referred to other Kinsmen Clubs in the Region who have been operating break-open lotteries without owning the establishments they operate in; discussed the proceeds from the lotteries to be utilized for a "Kin" Park in the City of Niagara Falls; and referred to the savings to taxpayers who would benefit from the park. The Lottery Licence Inspector responded to questions raised with respect to administration of the requested lottery, and the approved policy of the City. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coyills, that the report be received and adopteds and the request denied. The motion Carried with the following vote: AYE: Aldermen Cheesman, Covilles Herrington, Hinsperger, Hopkins, Janvary, Orr, Pay and Puttick. NAYEl Aldermen Baker and Cummings. -2- COMMUNICATIONS No. 65 - Niagara Falls Ncononic Development/~gency - Re: Niagara Falls Corporate Challenge Cup - Sunday, September 25th, 1988. The communication pro- vides information regarding the event and requests the participation of Council. His Worship Mayor Smeaton stated that consideration would be given to the forming of a team Just prior to the event. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 66 - Ministry of Municipal Affairs - Re: Heritage Village Program. The communication invites Council to participate in the Heritage Village Program at the Niagara Regional Exhibition from September 13th to 18th, 1988. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication-be .receiVed and referred to the Civic Committee. Carried Unanimously. No. 67 - Ministry of the Environment, EnvironmentalApprovals and Land Use Planning Branch - Re: Application by Walker Bros- Quarries Ltd. The c~mmunication advises of the granting of approval for Walker Bros. Quarries to receive waste from Halton Region, and addresses concerns regarding reciprocal provisions allowing for possible future disposal of Niagara's waste in equal amounts, as well the request for a three year time limit. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 68 - Downtown Niagara Falls, Board of Management - Re: Easter Parade, Saturday March 26th, 1988. The communication requests a Parade Permit and the temporary closing of Queen Street, from the Gazebo to City Hall. It is further requested that permission be granted for the use of Centennial Square on the aforementioned date. ORDERED on the motion of Alderman Orr, seconded by Alderman Harrington, that the requests be granted, subject to notification of Emergency organizations and other interested parties. Carried Unanimously. No. 69 - St. John Ambulance - Re: 50th Anniversary. The communication asks Council to proclaim the week of March 13th to 19th, 1988 as "St. John Ambulance Week in Niagara Falls". ORDERED on the motion of Alderman Harrington, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. No. 70 - Old St. John's Stanford Heritage Association - Re: :Invitation. The communication invites Council to visit the recently restored Old St. Johnts Church, on Saturday, February 27th, 1988, from 10:00 a.m. to 12:00 noon. · ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 71 - Hose Hardvare and Others - Re: Sunday Retail Openings. The communications oppose any hours of Sunday Retail Openings, and advise that they have formed a group known as the Coalition Against Sunday Shopping (C.A,O.S.S.). ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communications be received and filed, and further, that Mayor Smeaton respond to the individuals who have written. Carried Unanimously. No. 72 - Niagara Peninsula Conservation Authority - Re: Reduction of Flood Protection Standards. The communication advises of a submission to the Minister of Natural Resources regarding the subject matter. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and referred to Staff. Carried Unanimously. No. 73 - Chippawn Business Association - Re: Railroad Bridge. The communication includes a resolution asking Council to take action to remove the old railroad bridge and the pilons of the bridge from the Welland River. -3- Mr. Biff Lent, President, Chippawn Business Association, stated that during the past three years of monitoring the bridge, it had been noted that the bridge was not used. During the discussion, it was pointed out that the remnants and pilons might be useful in the construction of a future second crossing of the Welland River. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for a report. Carried Unanimously. REPORTS FD-88-03 - Chief Adsinistrative Officer - Re: City of Niagara Falls Emergency Plan. The report recommends that Council approve the revised 1988 Edition of the City of Niagara Falls Emergency Plan. Fire Chief Kemp was commended on an excellent report. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously.. PD-88-32 - Chief Adninistrative Officer - Re: Program for Renewal, Improvement, Development and Economic Revitalization (PRIDE). The report recommends the following: 1) That the Municipality submit an application for funding under the Province's 1988/89 PRIDE Program, focussing on a downtown community improvement project to complete the revitalization efforts along Queen Street to Victoria Avenue; (NOTE: A resolution regarding the City's proposed participation in the PRIDE program has been placed on tonight's agenda for the adoption of Council). 2) That the attached PRIDE application and supporting documentation outlining a downtown community improvement project, totalling $1,000,000.00 be endorsed by Council for submission to the Ministry of Municipal Affairs by the February 29th, 1988 deadline date; 3) That a copy of this report and application be forwarded to the Regional Municipality of Niagara for information. During the discussion, Alderman Pay suggested the possibility that the funds for this project be reserved at this time, and used for the purchase of a wood- lot in the northwest section of the City, adjacent to the Mount Carmel Subdivision. Mr. J. Bell, Chairman, Downtown Board of Management, discussed the contributions made by store and property owners, and action to be taken in the spring. He stated that a report would be submitted with regard to buildings being renovated. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 12. PD-88-34 - Chief Administrative Officer - Re: Application Fees for Committee of Adjustment. The report recommends that Council approve the present application fee for the Committee of Adjustment be increased from $75.00 to $100.00, effective February 22nd, 1988. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unnimously. ~0~-88-24 -Municipal Works Costittee - Re: Committee Report - 1) IO/-88-21, Transportation Safety Association Awards - 1987 - It is recommended that~ (i) The drivers who have completed ten or more years of accident-free driving to be authorized to attend the Transportation Safety Association Banquet on Saturday, March 12, 1988 at a cost of $14.00 per ticket; -4- (ii) The awards be presented to the eligible drivers at the Municipal Service Centre by His Worship the Mayor between the hours of 3:00 p.m. and 4:00 p.m. on a date suitable to the Mayor. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously- MW-88-29 (HANDOUT) - Municipal Works Cem,4ttee - Re: Purchase of Tree Maintenance Vehicle. The report recommends that a 1985 Demonstrator Tree Maintenance Vehicle be purchased from Altec Industries at a cost of $76,887.00, plus applicable taxes. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted- Carried Unanimously. MW-88-26 - Chief Administrative Officer - Re: Contract S.S. 4-88, Storm Sewer Installation on Steveus Street, Cabot Drive and David Avenue. The report recommends that the unit prices submitted by the low tendeter, Circle P Paving Lid. be acepted- ORDERED on the motion of Alderman Chessman, seconded by Alderman Hiusperger, that the report be received and adopted. Carried Unanimously. See ResolUtiOn No. 13. SeeBy-law No. 88-45. F-88-13 - Chief Administrative Officer - Re: 1988 Interim Tax Levy. The report recommends that Council adopt an Interim Tax Levy for 1988 with two instalments and pass the relevant by-laws appearing on this evening's agenda. ORDERED on the motion of Alderman Herrington, seconded by Alderman Bakers that the report be received and adopted. Carried Unanimously. See By-law No. 88-42 and By-law No. 88-43. F-88-14 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,491,876.41 for the period ending February 22rid, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Baker declared a conflict of interest on Cheque No. 30734 because he has a business investment in the firm. Alderman Hlnsperger declared a conflict of interest on Cheque No. 30660 because he is employed with the company. Additional information was provided on Cheque Nos. 30692, and 30734; and a verbal report was requested on Cheque No. 30757. ~ ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Baker and Hinsperger abstaining from the vote on Cheque No,. 30734 and 30660 consecutfvely on conflicts of interest previously recorded; and with all others voting in favour. 8-88-04 - Chief Aaatnistrattve Officer - Re: Town of Niagara-on-the-Lake and Maintenance of the Four Mile Creek Drain. The report recommends that Council approve and pass the by-law appearing on tonight's agenda imposing special assessments against lands and roads in the City of Niagara Falls for the cost of maintenance work on the Four Mile Creek Drain undertaken by the Town of Niagara-on-the-Lake. ORDERED on the motion of Alderman Cummings, seconded by Alderman Higsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-44. C-88-O6 - Chief Administrative Officer - Re: Protocol for Dealing with National and/or International Delegations. The report recommends that the attached protocol be used by the City as a guide in conjunction with the hosting of National or International Delegations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the. report be received and adopted. Carried Unanimously. 5 CD-88-13 - Chief Administrative Officer - Re: Council Meeting - Easter Monday. The report recommends that no meetin~ of Council be held on Easter Monday, April 4, 1988. ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary, that the report be received and adopted. Carried UnanimouslyI 1-88-06 (HANDOUT) - Chief Administrative Officer - Re: Review of Middle Management Salaries. The report which was approved earlier this evening in Committee of the Whole recommends that Council authorize the adjustment of the management salary grid and middle management salaries as set out in this report, to be effective March 1, 1988. ORDERED ou the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, thee,man, Harrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen Coville, Cummings, Orr and Puttick. RESOLUTIONS No. 11 - ~a~SMAN- HINSPERGER - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1988, dated February 22, 1988, be adopted as presented in the total estimated amount of $5,747,000.00 with an estimated subsidy of $2,121,800.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No 12 -CHEESMAN- HINSPERGER - RESOLVED that the City of Niagara Falls participate in the Province of Ontario's PRIDE program by approving the PRIDE Application outlining a Community Improvement project totalling $1,000s000.00 for the Downtown in an area designated Community Improvement Project Area No. 2, By-law 87-2; and that the approved PRIDE Application be submitted to the Ministry of Municipal Affairs prior to the February 29th, 1988 deadline date; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 'No. 13 - CHEESMAN - HINSPE~GER - RESOLVED that the unit prices submitted by Circle P Paving Ltd. (Stevensville), for Contract S.S. 4-88 - Storm Sewer Installation on Stevens Street, Cabot Drive and David Avenue, be accepted at the low tendered amount of $147,404.66; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-42 - A by-law to provide an interim levy of taxes. No* 88-43 - A by-law to provide for the collection of interim taxes for the year 1988. No, 88-44 - A by-law to authorize the imposition of special drainage rates upon certain lands and roads in the City of Niagara Falls in respect of which assessments for outlet liability have been made under the Drainage Act (Four Mile Creek Drain). No. 88-45 - A by-law to authorize the execution of an agreement with Circle P Paving Ltd. for storm sewer installation on Stevens Street, Cabot Drive and David Avenue. No. 88-46- A by-law to provide monies for general purposes. -6- The motion Carried with Aldermen Baker and Hinsperger abstaining from the vote on By-law N~6 on conflicts of interest previously recorded in Report No. 88-14; and wlth all others votlng in fayour- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No- 88-42 - A by-law to provide an interim levy of taxes. No- 88-43 - A by-law to provide for the collection of interim taxes for the year 1988. No. 88-44 - A by-law to authorize the imposition of special drainage rates upon certain lands and roads in the City of Niagara Falls in respect of which assessments for outlet liability have been made under the Drainage Act (Four Mile Creek Drain). N~. 88-45 - A by-law to authorize the execution of an agreement with Circle p Paving Ltd. for storm sewer installation on Stevens Street, Cabot Drive and David Avenue- No. 88-46 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Baker and Hinsperger abstaining from the vote on By-law No. 88-46 on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS I'rlDffiOF IgT~ngST: Bell Canada - Proclamation - His Worship Mayor Smeaton discussed the service given to the public by Bell Canada Operators over the years, and requested approval that the week of February 21st to 27th, 1988 be proclaimed "Bell Operators Week". Alderman Hfnsperger declared a conflict of interest because he is employed with the company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the request be approved- The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and ~rlth the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Harrington, Hopkins, Janvary and Pay. NAYE: Aldermen Orr and Puttick. Nancy Gee, Olympic Skier - Alderman Cummings referred to Nancy Gee of Niagara Falls, who recently participated in the combined skiing competition at the 1988 Winter Olympics in Calgary, Alberta. It was generally agreed that a letter of congratulations from Mayor Smeaton's office be forwarded to Nancy Gee and her family, and invite her to attend a Council Meeting on her return to Niagara Falls for the presentation of a gift in recognition of her achievements. Transit Act - Alderman Puttick expressed the opinion that there was a need for a review of the Transit Act, discussed the financial deficit of Niagara Transit, and membership on the Niagara Transit Commission. -7 - ORDERED on the motion of Alderman Puttlck, seconded by Alderman Orr, that the Chief Administrative Officer and City Solicitor be asked to review the Transit Act and submit their recommendations; that the matter of incorporating the financing of Niagara Transit with the City financing in order to cut the Transit deficit, be referred to the Finance Committee for an investigation and report; and that the matter of electing members to the Transit Commission, and automat- ically appointing the Mayor to the Commission be referred to Staff for a report. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Harrington, Orr and Puttick. NAYE: Aldermen Baker, Cheesman, Coville, Hinsperger, Hopkins, Janvary and Pay. It was moved by Alderman Janvary, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. RE~D ~ ADOPTED, BARBARA G. SCOTT, DEPOTY CITY CLERK NINTH MEETING REGULAR MEETING Council Chambers February 29, 1988 Council met on Monday, February 29th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Baker and Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the meeting held February 22nd, 1988 be adopted as printed. Carried Unanimously. DEPUTATION lEE CHMMICAL TANK LINES PROPERTY - ST. PAUL AVENUE - Co~untcatton No. 74 (HANDOUT) - Regional Councillor Peter Sobol - Re: Future Environmental Testing on the Properties Chemical Leaman Tank Lines, and Mountaingate Estates. The communication expressed appreciation of the efforts of the Environmental Planning Committee of Niagara Falls; the concern with respect to the need to eliminate any environmental doubts associated with past operations of Leaman Chemical Lines; and recommended the following: l) That there be greater input on the part of the City of Niagara Falls and the Ministry of Environment insofar as they be permitted to comment and review the work program and its terms of reference; Moreover when the test results are completed these results and their recommendation be reviewed and commented on by the City of Niagara Falls and the Ministry of the Environment; 2) That ~e assess the potential impact of possible leachate migration into the surrounding area beyond the two properties in question; 3) That we should request the chosen consultant to employ the 'Priority Chemical Test'. This test is listed by the MISA program as a complete test for approximately 160 trace chemical compounds considered to be very or extremely toxic. Regional Councillor Sobol was in attendance, and reviewed the communication. Following a brief discussion, it was moved by Alderman Coville, seconded by Alderman Harrington, that the communication be referred to the next meeting of the Environmontal Committee; that Regional Councillor Sobol and representation from the Ministry of the Environment be invited to. attend the meeting; and further, that the Ministry of the Environment be contacted on March 1st, 1988, with a request for information regarding the results of Recommendation No. 2 in the communication. Carried Unanimously. UNFINISHED BUSINESS MOUNT CABI~L PLAN OF SUBDIVISION - Report No, NW-88-31 - Chief Administrative Officer - Re: Mount Carmel Plan of Subdivision. The report recommends the following: 1) That Condition No. 21 of Report CD-88-11 remain unchanged - Condition No. 21 reads as follows: The developer will be required to dedicate sufficient land along the north limit of the subdivision to allow for the proposed improvements anticipated in the W-5-1 watercourses as shown on revised draft plan (Dec. 2. 1987); 2) Condition No. 17 of Report CD-88-11 be amended to read: "The subdivider will be required to adhere to the fencing requirements along the south side of the W-5-1 watercourse as stipulated in the watercourse policies yet to be adopted by Council." DuFing the discussion, Alderman Harrington requested further information regarding sewage overflows into Shriner~s Creek and its tributaries, and the frequency as well as volume of the occurrences; requested information from Regional Engineering regarding the "high flow hours", and wet weather flows; questioned the capacity of the Kalar Road Pumping Station during high flow periods; requested the definition of "surcharging"; requested information regarding the use of Shriner's Creek as a "safety valve for sewage flows" and other alternatives; and questioned the advisibility of Council approving of additional construction, including additional storm water flows into the Creek, as well as additional sewage overflows- He questioned the advisability of fencing the Shrfner's Creek watercourse, and the suggested $600,000.00 for the financing of watercourse improvements. The Director of Municipal Works explained that there were no sewage overflows at the Kalar Road Pumping Station, that the Pumping Station had been designed to service the area and be up-graded if necessary. He stated that any sewage overflows would necessarily be east of the Highway and if this was a problem it would require investigation. The Director of Municipal Works advised that the majority of questions raised would need to be referred to the Regional Municipality of Niagara for a response. He further advised that the Shriner's Creek pro~ect and dams, were designed to accommodate the area east of Kalar Road and the estimated $600,000.00 was intended for earth moving improvements to the W-5-1 watercourse to decrease the slopes of the watercourse where necessary. Insofar as fencing was concerned, he stated that this would be installed only where required. The Director of Planning & Development advised that the City of Niagara Falls would be making recommendations to the Region regarding the conditions outlined in Report Nos. CD-88-11 and MW-88-31, and further, that the Regional recommendations would be subsequent to comments from the Ministry of the Environment and the City of Niagara Falls. Mr. Stewart Branscombe was in attendance to respond to questions raised. Alderman Pay discussed negotiations for the woodlot and expressed satisfaction with the opinion of the City Solicitor as outlined in Report No. MW-88-31. He indicated that further study would be required with respect to the fencing, with possible comments from the Greening and Environmental Committees; and regarding the preservation of the natural forest, he suggested that the City continue to negotiate for the purchase or "swapping" of lands rather than expropriation. ~"~'> ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that Report No. CD-88-11 dated February 8, 1988 containing the Conditions of Approval to be imposed on the Mount Carmel Subdivision be adopted, as amended by Recommendation No. 2 in Report MW-88-31 dated February 29, 1988, with respect to Condition No. 17; and that further discussions be held with the developer regarding the possible purchase and preservation of the woodlot owned by the developer and located west of and outside the Mount Carmel Subdivision, such discussions to take place following the registration of the subject plan of subdivision. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Hinsperger, Hopkins, Janvary, Orr and Pay. NAYE: Alderman Harrington. COURTHOUSE RENOVATIONS - Report No. H-88-05 -Nayor Sseaton - Re: Courthouse Renovations. The report attaches correspondence received from the Ministry of the Solicitor General, and the Ontario Police Health and Safety Comittee, regarding security improvements for the Niagara Falls Courthouse. The report recommends that the City proceed with negotiations with the appropriate Hinistry for a lease of significant duration to warrant immediate undertaking of the renovationsJ and further, that any agreement to lease beyond the current year should be made on the understanding that the Municipality was not prepared at this time to consider any renewal beyond the four or five year term. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted, and further, that the Director of Buildings & Inspections participate with the Ministry of the Attorney General in planning for renovations of the Courthouse. Carried Unanfmously~ COMMUNICATIONS No. 75 -FAnistry of Municipal A~fairs - Re: Municipal Seminar. The communication advises of a Seminar, being sponsored by the Ministry through the Municipal Education and Training Secretariat and Field Services Branch, to be held on April 9th, 1988, at the Beacon Motor Inn, Jordan Station, for Municipal Councillors and others interested in Municipal Government. Aldermen Cheesman, Coville and Janvary expressed a desire to attend the Seminar. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville, that the communication be received and filed, and as many members as possible attend at their own expense. Carried Unanimously. No. 76 - Mr. P.A. Pasquet, Member of Land Division Com~4ttee - Re: Reports to Land Division Committee. The communication attaches a letter from the Regional Land Division Committee to the Reglonal Planning & Development Depart- ment, outlining proposed changes to the procedure for filing severance applications. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be referred to Staff. Carried Unanimously. REPORTS B-88-O9 - ClE[ef A(hainistrative Officer - Re: Sign By-law - Portable Signs. The report recommends that the portable sign section of the Sign By-law not be amended. Mr. Stuart Knox Sr., and Mr. Louis Knox of Knox Mobile Signs; Mr. Norm Boucock of Scott signs; and Mr. Hassan Handani of Colonial Cleaners, expressed opposition to the Sign By-law. Council was informed that the Chamber of Commerce had never been contacted with respect to the review of the by-law by Staff; the effectiveness of advertising by signs particularly with illumination; the possible loss of employment because of the economic impact on businesses; the complaints from numerous businesses in the area was disucssed; and Council was asked that the sign by-law be reviewed in terms of the aesthetic, business and technical point of view, with participation from the business community. During the discussion, it was suggested that comments should be received from the Police Department regarding the illumination of signs; from the Region; and from local businesses through the Chamber of Commerce. It was moved by Alderman Orr, seconded by Alderman Cheesman, that the report be received and adopted. Following the discussion, it was moved by Alderman Cummings, seconded by Alderman Cheesman, that the matter be tabled for one month for further information from the Police Department, the Regional Municipality of Niagara and local businesses through the Chamber of Commerce. The motion to table which took precedence Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen Coville and Orr. B-88-10 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 22 Unit, 2 Storey Motel addition; Nites Inn, 8100 Lundy*s Lane. The report recommends that the Council approve the site plan(s) on display at tonight~s meeting, being a proposed motel addition, and the site plan being drawing number 1, and the elevations plan being drawing number 5 and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 26th, 1988, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell~ that the report be received and adopted. Carried Unanimously~ -4- R-88-03 - Chief Administrative Officer - Re: Proposed Niagara Falls KinPark. The report recommends that City Staff and the Recreation Commission recommend that the Niagara Falls Kinetics and the Niagara Falls Kinsmen Club, in cooperation with City Staff and the Recreation Commission, prepare a proposed park plan for the newly designated open space area in the Mulhern and West Meadow area, toward the development of a Niagara Falls KinPark. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. R-88-04 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A, The report provides information regarding the City's agreement with the Y.M.C.A. for the rental of pool time, as well as a statistical breakdown with respect to public swimming; and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. NW-88-30 - Municipal Works Committee - Re: Municipal Works Committee Reports. The report recommends the following: 1) NW-~8-19 - Operating Budget for New Equipment Tender, Municipal Works Section - 3) 2) - It is recommended that Council give permission to Staff to arrange for advertisement of tender for the 1988 New Vehicle Equipment Purchases. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the recommendation be received and adopted. Carried Unanimously. MW-88-27 - Executive SuMmary Regional Waste Management Master Plan Recommendations - - It is recommended that: (i) The Regional Municipality of Niagara be advised that the wording of the document entitled, "Waste Management Master Plan Executive Summary", dated February 3, 1988 be revised so that it is clearly understood that the City of Niagara Falls and all other area Munici- palities retain the privilege of developing a Waste Management Master Plan without Regional Niagara input if so desired; and that (if) The Regional Municipality of Niagara be advised that after the executive summary is finalized, representatives from the City of Niagara Falls will make every effort to meet with representatives from Niagara-on-the-Lake, St. Catharines and Thorold to obtain a clear understanding of each of these Municipalities' future plans for the disposal of solid wastes for the purpose of assessing whether it is to the City of Niagara Falls' advantage to participate in the planning of future waste management strategies through a Board known as the Niagara North Board of Management. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Pays that the recommendation be received and adopted. Carried Unanimously. 10/-88-28 -Rural DrainsBe - - It is recommended that: (1) The City proceed with the projects on Drain Nos. 2s 6 and 8 to the Public Meeting stage; (ii) Projects on Drain Nos. 1, 3 and 10 and Union Harsh Drain (Sodom Road Branch) be deferred until budget allocations permit them to proceed; and that; (ill)Affected property owners be 8o notified. ORDERED on the motion of Alderman Coyills, seconded by Alderman Hopkinss that the recommendation be received and adopted. Carried Unanimously. -5- F-88-15 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $340,784.04 for the period ending February 29th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 30948 because he has a business interest. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 30925 and 30937 because he is employed with the company. Additional information was provided on Cheque Nos. 30924, 30927, 31031, 31037 and 31065. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with Aldermen Campbell, and Hinsperger abstaining from the vote on Cheque Nos. 30948, 30925 and 30937 consecutively, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on Cheque No. 31027; and with all others voting in favour. Chief Administrative Officer - Re: gale of Lot 15, Falls Industrial Park. His Worship Mayor Smeaton advised that this report had been withdrawn from the agenda. BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 88-47 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on conflicts of interest previously recorded in Report No. F-88-15; with Alderman Hopkins voting contrary as previously recorded in Report No. F-88-15; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the following by-law be read a second and third time: No. 88-47 -A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on conflicts of interest previously recorded; with Alderman Hopkins voting contrary as previously recorded; and with all others voting in favour. ~' '?-.. ~.~", ",~'~,. . .~"~ .... NEW BUSINESS ITKNS OF CONCKRNx Water Problew on St. Paul Avenue - Alderman Cummings initiated a discussion regarding a water problem recently encountered by residents living on St. Paul Avenue. The Director of Municipal Works advised that tests had been taken by the Ministry of the Environment, the Ministry of Health and the City of Niagara Palls. He stated that although there could not be complete assurance until all test results had been receiveds the source of the problem appeared to have been located and a solution secured; and furthers that a report would be submitted at the next meeting of City Council. Helicopters - Alderman Cummings asked Staff to investigate a concern he had recently received that arrangements had been made to have a twin engines 15 passenger helicopter operating in the Silvertown area this year. -6- TouriBm Impact Study - Alderman Chessman stated that the resnlts of the Tourism Impact Study would be formally announced in a few months' time, and suggested that the City of Niagara Falls act as leading participants with Mayor Smeaton establishing a Task Force for the implementation of the Study. His Worship Mayor Smeaton advised that the Study was being finaiized with the Ministry of Tourism and Recreation, the Visitor and Convention Bureau and the Municipality acting as principles in the formation of the report. He further advised that this would be a "bench mark study and well circulated", and agreed to act on the suggestion of the formation of a Task Force. Mayor Smeaton stated that the Ministry would be making a decision respecting a suitable form of publicizing the Study. IT~NS OF INTEREST: 1988 Olympic Winter Cames - Calgary- Alderman Cummings referred to the success of the recent 1988 Olympic Winter Games held in Calgary, Alberta; the participation of Miss Nancy Gee in the skiing,competition; and the winning photograph in the 'Spirit of Niagara' contest being displayed at the Olympics. He suggested that a letter of congratulations be forwarded to the City of Calgary. Retfres~enC - Miss Barbara Scott - The Chief Administrative Officer discussed the upcoming retirement of Miss Barbara Scott, Deputy City Clerk, and her dedicated employment with the City of Niagara Falls over the past 41 years. The Deputy City Clerk discussed a few memories she had of her years of employment with the Municipality, and the personal satisfaction she had attained in doing her Job. His Worship Mayor Smeaton expressed agreement with the comments of the Chief Administrative Officer, and on behalf of Council, wished Miss Scott a happy retirement. It was moved by Alderman Cummings, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY CLERK MAYOR W S. SMEATON TENTH MEETING REGULAR MEETING Council Chambers March 7, 1988 Council met on Monday, March 7th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Coville and Cummings, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the minutes of the meeting held February 29th, 1988 be adopted as printed. Carried Unanimously. DEPUTATION NIAGARA FALLS PROFILE: PREPARINC FOR THE 21ST CENTURY - Comaunication No. 77 - Social Planning Council of Niagara Falls - Re: Niagara Falls Profile: Preparing for the 21st Century. The communication requests the support of Council for a 1988 research project sponsored by the Social Planning Council of Niagara Falls, named above, and advises that members of the Council's Profile Committee will be in attendance on March 7th, 1988, to make a brief presentation to Council. Mrs. Julia A. Darnay, Researcher/Administrator, Social Planning Council of Niagara Falls, provided a brief overview of the proposed study and requested the endorsement of Council for this project. Mrs. Oarnay responded to questions raised regarding a cost estimate for the study, the procedures for representa- tive sampling, and distribution of the results. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the request be approved in principle, subject to budget deliberations; and that a letter of endorsement be forwarded as requested, subject to final budget approval. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Cheesman, Harrington, Hinsperger, Hopkins, Janvary, Orr and Pay. Alderman Puttick. UNFINISHED BUSINESS REGENCY MOTOR HOTEL/MOT~L - HARVKY HO - CoamJnication No. 78 - Ministry of Municipal Affairs - Re: Notice of Decision. The communication includes the Notice of Decision that denial of development permits regarding the installation of a women's softhall diamond in conjunction with other leisure activities, and the installation of low pressure sewage pipeline, by Harvey Ho, Regency Motor Hotel/Motel, be upheld. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously__. ST. PADL AVENUE WATER PROBL~- The Director of Municipal Works advised that nothing had really changed since the report submitted at the last meeting of City Council with respect to the subject matter; and that the residents in the affected area were still heing advised not to drink the water. He replied to questions raised regarding the investigation; tests and corrective action taken By the City; stated that the area affected was a two block section with few residents which had been isolated; and it was believed that the problem had been eliminated. However, he informed Council that the City was providing water to the residentss and was awaiting the results of the tests taken by the Ministry of the Environment which would be received from the Regional Health Services Department, 2 During the discussion, His Worship Mayor Smeaton expressed strong concern regarding the situation and advised that he had received a report from Staff with respect to action taken and that this report would be included in a full report to Council as soon as information has been received regarding the tests taken by the Ministry of the Environment, and a decision made by the Regional Health Services Committee. Regional Councillor Peter Sobel stated that the City was testing for generalities, whereas the Regional Health Services Committee is looking for specific items in the water related to compounds in the car wash. He referred to the need for a "back flow preventer" device, and recommended that on-going programs of inspection, and water sampling of the residents should he established. Regional Councillor Sobel advised that his recommendations would be submitted in writing. ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrington, that the oral report and the recommendations of the Regional Councillor be included in the anticipated report to Council. Carried Unanimously. COMMUNICATIONS No. 79 - Greek-Canadian Community Association of Niagara - Re: 157th Anniversary. The communication requests that the Greek flag be raised at City Hall on March 26th, 1988, in celebration of Greek Independence Day. ORDERED On the motion of Alderman Pay, seconded by Alderman err, that the request he approved. Carried Unanimously. No. 80 - Regional Niagara Office of the Clerk - Re: Regional Weight Restriction By-laws 4112-86 and 4114-86. The communication encloses a copy of the by-laws which have been approved by the Ministry of Transportation for Ontario for a further period of two years ending February 12, 1990. During a discussion regarding the age, condition and need for replacement of this and another bridge in the City, alternative actions were considered. It was noted that the subject bridge was on a Regional Road. The Solicitor advised that the City could not close the road, and would not have authority over the bridge. Mayor Smeaton agreed to write to the Ministry of Transportation on March 8th, 1988, and to contact Mr. Rob Nicholson, M.P., concerning the serious nature of the situation. ORDERED on the motion of Alderman Pay~ seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 81 - Canadian Bar Association - Ontario- Re: Proclamation. The communication provides information regarding Law Day activities across the Province being sponsored hy the CBAO in order to mark the proclam~tion of the Canadian Charter of Rights and Freedoms, and asks Council to proclaim April 15th, 1988 as "Law Day". During the discussion, Alderman Janvary advised that this matter had traditionally been referred to the Civic Committee, and suggested that local groups should be aware and involved in activites, as well as schools. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. No. 82 - Chippawa Lions Club, Niagara Falls - Re: Annual Carnival. The communication provides information regarding the Annual Carnival being held June 8th to llth, 1988 at the Chippaws Lions' Field, Welland Street, Niagara Falls, and requests permission to hold the event. ORDERED on the motion of Alderman err, seconded by Alderman Pay, that the request be approved. Carried Unanimously. REPORTS · -88-11 - Chief Adsinistrative Officer - Re: Proposed Demolition of the City Hall Carage. The communication recommends that Council accept the low tender submitted by Nick Altieri Excavating in the amount of ~27,820,00 for the . demolition of the City Hall Garage. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 16. B-88-12 (BANDOlT) - Chief Ad~inistrative Officer - Re: Site Plan Approval - Proposed 14 Storey, 188 Unit Hotel. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed hotel, and the site plan being drawing number SP-1 dated October 1987, and the concept landscape plan being drawing number L-l, dated January 29th, 1988 and fiIed with the Buildings and Inspections Department of the City of Niagara Falls ohMarch 7th, 1988, and that such approval be subject to the conditions outlined in the report. Alderman Hopkins declared a conflict of interest because a member of his family is involved in the matter. His Worship Mayor Smeaton received a negative response to his request for comments from interested persons in attendance, ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted- The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded; and with all others voting in fayour. B-88-13 - Chief Administrative Officer - Re: Property Standards By-law 74-204; Sharron Todd, 3778 Miller Road. The report recommends that under clause (a) of subsection 7.1.4 of By-law 74-204 the Corporation retain a Disposal Service to forthwith complete the work which Mrs. Todd was directed to carry out under the Order on December 22nd, 1987, and that pursuant to subsection 7.10.5 of said By-law 74-204, any expense incurred by the Corporation, its servants or agents in carrying out the work aforesaid be recovered in a like manner as Municipal taxes. Mr. Ben Todd, 3778 Miller Road, who was in attendance advised that he had lived in the Township for up to 25 years and had always had a number of cars on the property, that he had disposed of many of the cars and expected to further decrease their number by April 20th, 1988. He submitted snapshots for the perusal of Council members. The Director of Buildings and Inspections responded to questions raised and stated that the recommended action was a "last step to have the matter rectified", and was taken because of complaints received from persons living in the area. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. 141/-88-33 - Chief Administrative Officer - Re: Contract S.S. 5-8g, Russell Street Storm Sewer Installation from St. Patrick Avenue to Dorchester Road. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Ltd., be accepted and that this contract be awarded. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. See Resolution No. 17. F-88-16 - Finance Comaittee - Re: Committee Reports. The report recommends the following: 1) Policy on Relocation Change - - It is recommended that the Policy on the Relocation Allowance be updated to a maximum of $2,500.00; -4- Lions Club request for fi~anciel aesiatance - - It is recommended that the City provide the Lions Club with a $500.00 assistance towards the cost of the use of lands, owned by Ontario Hydro, for parking purposes. 3) Royal Ca~adianAlr Cadets request for financial assistance - - It is recommended that the City provide financial assistance in the amount of $500.00 to the Royal Canadian Air Cadets for a memorial cairn at the Niagara District Airport. 4) St. Catharine8 and Regional Niagara T~/nntngAssoctatton request for financial assistance - - It is recommended that the request of the St. Catharines and Regional Niagara Twinning Association for financial assistance be denied. 5) Niagara Region Senior Ga~es request for financial assistance - - It is recommended that the request for financial assistance for the Niagara Region Senior Games be denied. 6) "1988 Frogrags Edition' adverttam--at - - It is recommended that the City take a one-half page advertisement in the "1988 Progress Edition" of the Niagara Falls Review at a cost of $672.75. 7) Resolution to approve the 1987 expenditures for reserve - - It is recommended that the list of 1987 expenditures for reserve be accepted and endorsed by a resolution appearing later on the agenda. Alderman Janvary declared a conflict of interest on Item No. 2 because a family member is involved in the organization. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that the recommendation in Item Nos. 1, 2, 3, 4, 6 and 7 be received and adopted; and Item No. 5 be referred to the Finance Committee for further information. The motion Carried with Alderman Janvary abstaining from the vote on Item No. 2 on a conflict of interest previously recorded; and with all others voting in favour. F-88-17 -Chief Adsinistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totaling $8,457,696.54 for~the period ending March 7th, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 31100 because the organization is a client. Alderman Harrington declared a conflict of interest on Cheque No. 31093 because he is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Non. 31078 and 31079 because he is employed with the company. Additional information was provided on Cheque No. 3112~. The Chief Administrative Officer was commended on hi8 efforts with respect to Cheque No. 31160. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Campbell, Harrington and Hinsperger abstaining from the vote on Cheque No8. 31100, 31093, 31078 and 31079 consecutively, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on Cheque No. 31177; and with all others voting in fayour. - 5- C-88-05 - Chief Adsinistrative Officer - Re: Lot 15, Falls Business Park Extension. The report recommends that Council authorize the sale of Lot 15, Registered Plan M-67, to Rag Baker and Vern Finlay, at the purchase price of $24,060.00, subject to the purchasers entering into an Agreement of Purchase and Sale, and that Council enact the by-law to authorize the sale of this land. ORDERED on the motion of Alderman Pay, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously. M--88-O6 - Mayor Smeaton - Re: Older Adult Walking Program for Ontario Residents. The report attaches correspondence from Mr. Greg Joy, Corporate Fitness Consultant, Sports & Fitness Branch, Ministry of Tourism and Recreation, and a memorandum from the Director of Parks and Recreation; and requests approval of participation in the program. ORDERED on the motion of Alderman Campbell, seconded hy Alderman Janvary, that the report be received and adopted. Carried Unanimously~ H-88-O7 -Nayor Smeaton - Re: Invitation to Visit City of Yingkou, China. The report reviews recent contacts with representatives of the City of Yingkou, China, the invitation that a delegation visit their City during the month of March, and recommends that because of the pre-ptanning and scheduling necessary for a visit of this magnitude, further consideration of an invitation to visit China would only be possible if greater lead time could be provided. ORDERED on the motion of Alderman 0rr, seconded by Alderman Puttick, that the report be received and Mayor Smeaton advise the representatives of the City of Yingkou, China, that because of the shortage of time, the invitation be declined. Carried Unanimously. RESOLUTIONS His Worship Mayor Smeaton expressed condolences to the City Clerk, Mr. Paul J. Brennan, on the recent loss of his father. No. 14 - JANVARY - ORR- RESOLVED that a message of condolence be forwarded to the family of the late Mr. Chapman Brannan, a well respected member of the City of Niagara Falls for many years; and father of the City Clerk, Paul J. Brennan; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 15 - HOPKINS - BAKER- RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes and directs the establishment of reserves for projects and purchases as described on Schedule "A' attached hereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 16 - ~HxKSNAN - HINSPERGER - RESOLVED that the unit prices submitted by Nick Altieri Excavating, for the proposed demolition of the City Hall Garage, at the low tendered amount of $27,820.00, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimopsly. No. 17 - JANVARY - ORR - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Ltd.s for Contract S.S. 5-88 - Russell Street Storm Sewer Installation, from St. Patrick Avenue to Dorchester Roads at the low tendered amount of 378,376.60, be accepted; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. No, 18 - JANVARY - HA!~INGTON - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Otto van Deurs, a highly respected member of the City of Niagara Falls, and former City employee; AND the Seal of the Corporation be hereto affixed. Carried Uuanimousl~. -6- BY-LAWS ORDERED on the motion of Alderman Harrington, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-48 - A by-law to amend By-law No. 79-200, as amended. (PC. Lot 77, former Twp. of Stamford & PC. Lot 52, Reg'd Plan 31) No. 88-49 - A by-law to close a portJan of Queen Street to vehicular traffic on a temporary basis. No- 88-50 - A by-law to appoint a Lottery Licensing Officer- No- 88-51 - A by-law to appoint Ronald Lampman Deputy City Treasurer and Deputy Director of Finance. No. 88-52 - A by-law to authorize the execution of an agreement with Nick Altieri Excavating Limited for demolition of the City Hall garage. No- 88-53 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for storm sewer installation on Russell Street from St. Patrick Avenue to Dorchester Road. No. 88-54 - A by-law to authorize the execution of an agreement with Leonard John Terol. No. 88-55 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. (Lot 15). No, 88-56 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Harrington and Hinsperger abstaining from the vote on By-law No. 88-56, on conflicts of interest previously recorded in Report No. F-88-17; with Alderman Hopkins voting contrary on By-law No. 88-56 as previously recorded in Report No. F-Sg-17; and with all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the following by-laws be now read a second and third time: NO. 88-48 - A by-law to amend By-law No. 79-200, as amended. No. 88-49 - A by-law to close a portion of Queen Street to vehicular traffic on a temporary basis. No. 88-50 - A by-law to appoint a Lottery Licensing Officer. [o. 88-51 - A by-law to appoint Ronald Lampman Deputy City Treasurer and Deputy Director of Finance. No, 88-52 - A by-law to authorize the execution of an agreement with Nick Altieri Excavating Limited for demolition of the City Hall garage. 88-53 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for storm sewer installation on Russell Street from St. Patrick Avenue to Dorchester Road· A by-law to authorize the execution of an agreement with Leonard John Tarel. No. 88-55 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. 88-56 - A by-law to provide monies for general purposes· 7 NEW BUSINESS ITEMS OF CONCERN: Region Niagara Press Release - Joint Com~4ttee - Alderman Chessman referred to the Information for Council Press Release from Niagara Canada which had been included in the agenda package. The Press Release advised of the Joint Announcement by the Region Niagara Tourist Council and Niagara Region Development Corporation (NRDC) that a Joint Committee had been established "to improve the effectiveness of tourjam promotion and development in the Niagara Region". He expressed concerns with respect to a dilution and loss of effectiveness of the NRDC and the Visitor and Convention Bureau, and suggested that the study be directed towards the NRDC maintaining efforts in an external sense, i.e., Free Trade. ORDERED on the motion of Alderman Chessman, seconded by Alderman Patrick, that the matter be referred to the Niagara Falls Economic Development Agency Board for comments. Carried Unanimously. Courthouse Renovations - Alderman Puttick referred to the preliminary approval given for the proposed new Courthouse and requested further information regarding any changes made to the proposal. His Worship Mayor gmeaton advised that although no changes have been made, there had been a time lapse of two months since the Attorney General's office was contacted. He further advised that the Attorney General was out of the Country, but that a meeting would be held in the Attorney General's office, with the involvement of the Ministers directly involved in the matter in order that the~situationmight .be resolved as quickly as possible. Mayor Smeaton indicated that the Honoarable Vince Kerrio, would be involved in the meeting. The Chief Administrative Officer stated that, to his knowledge, there had been no changes in the terms. However, he expressed concern that a meeting be held between the proponents and the Attorney General's office at an early date. O.W,M.Co News Item- Alderman Puttick requested that a report be submitted within two weeks regarding the Cityts present status and cost with respect to the OWMC. He asked that the Planner II submit her comments with respect to the news release from Pollution Probe regarding the proposed industrial waste management sites throughout the Province of Ontario. Alderman Patrick was concerned as to whether there would be one large facility or 6 to 8 small facilities. His Worship Mayor Smeaton suggested that Regional Councillor Pettit, the Mayor of Wainfleet be invited to attend a meeting of Council, in order to submit a report on the present status of this matter. Access & Egress Ramps/Q.Z.W. & Thorold Stone Rood - Alderman Janvary discussed a previous reference she had made concerning the risks encountered at the subject intersection, a dangerous incident which had occurred between her car and a truck at the subject intersection, and discussed the importance of action being taken to resolve the problems. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that a resolution be forwarded to the Ministry of Transportation apprising him again of the problems at the subject intersection. It was further recommended that the Ministry be advised that a dangerous incident had occurred firstly to a constituent, and more recently to Alderman Janvary personally, and request that action be taken with respect to both the access and egresss to the east and wears at this interchange. Carried Unanimously. IT]~S OF IN~KEST: Annual ~ood Rosds Conference - Aideman Campbell submitted an oral report regarding the Annual Good Roads Conference which he had recently aCtended. He advised that the theme of this year*s Conference was entitled, "Meeting the Transportation Challenge"s and that the Henmutable Ed Fulton, Minister of Transportation, had reconfirmed the importance of funds being utilized for the infrastructure on intercity roads 8 rather than within cities. Alderman Campbell referred to the resolution made at the Convention regarding the GO Transit system, and future consideration of the extension of the system to Niagara. He referred to the discussions on salt substitute for roads; information with respect to landfill sites and tipping fees; discussed the 1988 Trade Show scheduled for June 9 and 10, 1988, at the Skylea Tower in Niagara Falls; and discussed the high esteem held by the Good Roads Conference personnel for the Staff of the City of Niagara Falls, and particularly for Joe Gruninger, Streets Superintendent. Alderman Puttick requested that Mayor Smeaton forward a communication to the Good Roads Association, in conjunction with the Visitor and Convention Bureau, inviting the Association to Niagara Falls for a future Convention. It was moved by Alderman Chessman, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ELEVENTH MEETING COMMITTEE OF THE WHOLE Connnittee Room #1 March 14, 1988 Council met on Monday, March 14th, 1988 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Campbell, Chessman and Cummings, were present. Alderman Harrington presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report at open session. READ AND ADOPTED, PLANNING/REGULAR MEETING Council Chambers March 14, 1988 Council met on Monday, March 14th, 1988 at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Aldermen Campbell, Chessman and Cummings, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Rinsperger, that the minutes of the meeting held March 7th, 1988, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS ST. PA~], AVENUE WATER PROBLEM- His Worship Mayor Smeaton advised that concerned residents, from the St. Paul Avenue area which had recently experienced problems with potable water, were in attendance. In response to Mayor Smeaton's request, the Director of Municipal Works presented an oral report. Me advised that the test results from the Ministry of the Environment had been received last Friday, March 11, 1988, through the Regional Health Services Department, and that based on the information received, the residents in the subject area were advised to return to normal use of the water. The Director of Municipal Works stated that the water samples are still being taken and no contaminants have been found. He stated that a full report on this matter would be submitted at the next meeting of Git~ Council. REPORTS - PLANNING MATTERS lq)-88-41 - ~hief A4=qnistrative Officer - Re: Zoning Amendment Application AN-7/88 AND Official Plan Amendment No. 170; Frank Gallo; Lots 128 and 129, Plan 235, Drummond Road. The report recommends that Council net sapport the proposed amendments to the Official Plan and Zoning By-law to permit the subject lands to be utilized for commercial purposes. His Worship Mayor Smeaton declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. The Clerk advised that the applicant, Frank Gallo, was requesting an amendment to the Official Plan and Zoning By-law No. 79-200 for the purpose of constructing a one-storey 387 square metre (4,165 square feet) commercial plaza on the subject landsJ to be site specific and include a limited number of 2 permitted uses. He stated that the Notices of the Public Meeting were forwarded on February 10th, 1988, and an advertisement regarding the Official Plan Amend- ment was published in the Niagara Falls Review on February 12th, 1988. Alderman Coville entered the meeting. Aldermen Janvary and Pay declared conflicts of interest because they are the owners of property in the subject area. His Worship Mayor Smeaton stated that the conflicts of interest do not affect the majority of Council members in attendance- His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent; and a positive response to his request for a show of hands by persons in attendance in favour of or opposed to the application. Re requested that all persons wishing to receive further notice of the passing of the by-law submit their names and adSteases ~o ..the~eyk,prior 'to leaving the meeting; and reviewed the procedure to be followed. The Director of Planning and Development discussc3 the subject lands with the assistance of posted sketches; and reviewed the following information con- tained in the Technical Report: Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments from Public Notification Process; and Planning Review. He discussed the Residential Inventory, Potential Land Use Conflicts, Location and Commercial/Office Opportunities Study informa- tion contained in Report No. PD-88-41 and stated that if approved the amendments would remove a land holding from the inventory of residential lands and increase a commercial inventory which was quite excessive in this particular area of the City. Mrs. Gwen Shuttier, 4275 Maplewood Avenue, expressed support of the application, and stated that she would prefer the development of a small commercial plaza to the construction of an apartment which would decrease her privacy and cause shadowing in her rear yard. She stated that this building was "the ideal thing". Mr. Robert Campbell, a representative of Ann Rob Properties Ltd., owners of Krueger Rome Hardware, 4300 Drummond Road, expressed concern that the entrance- way might conflict with that of the Home Hardware Centre, as well as increasing the traffic flow. Mr. Howard G. Edmonde, 4247 Drummond Road, stated that he had "mixed feelings" regarding the application. He advised that he had previously indicat- ed his support of the proposal, referring to the litter on the vacant land, hut discussed his concerns regarding collisions, as well as the speed and number of vehicles travelling along Drummond Road. Mr. Brian N. Sinclair, Solicitor, advised that the four G~llo brothers were intending to use the property for their own business purposes, a hair styling location, and shoe store, and further, that a dentist would be tenant. He stated that the proposal is for a one storey, attractively constructed building with minimal parking at the front and no business hours in the evening. Mr. Sinclair stated that the neighbouts had been contacted previously and were in support of the application, that an apartment building was not desired by residents in the area. Re asked Council to support the application, and replied to questions raised regarding construction and design. Mr. Sinclair submitted a petition he had received from Mr. Dennis Beresh, 4351 D'Arcy avenue, owner of the apartment building located at 4295 Drummond Road, which states that Mr. Beresh is in support of the proposed development and further, that tenants in his building offered no objections to the application. Since no further comments were forthcoming Mayor Smeston declared the Public Meeting closed. ORDERED on the motion of Alderman 0rr, seconded by Alderman Hinsperger, that the recommendations in the report not be supported. It was further recommended that approval be granted based on site specific rezoning and a limited number of uses. The motion C.a. rried with Aldermen Janvary and Pay abstaining from the vote on conflicts of interest previously recorded; and with the following vote: AYE: Aldermen Baker, Coville, Harrington, Hinsperger, 0rr and Puttick. NAYE: Alderman Hopkins, 3 PD-88-42 - Chief Adm/nistrative Officer - Re: Zoning Amendment Application AM-9/88; Mr. & Mrs. A. Marinucci, 6070 Dunn Street. The report recommends the following: 1) That Council support the proposed rezoning of the subject lands, permitting a quadruplex dwelling as a use; 2) That a minimum driveway of 5.5 metres (18 feet) he provided in order that the driveway will function as a two-dtrectional type driveway, accommodating both the ingress and egress of vehicles; 3) That Staff be directed to prepare the necessary zoning by-law amendment, limiting the use of the subject lands for a quadruplex dwelling and to recognize the existing lot frontage of 21.15 metres (69.4 feet); 4) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 5) That the lands be placed under site plan control to ensure the provision and maintenance of fencing, buffering and other like matters. His Worship Mayor Smeaton declared the Public Meeting Open, and advised that the procedure under the Planning Act, 1983, as in the preceding application, would be followed. The Clerk stated that the applicant intends to retain the current R4 zoning, with an amendment to permit a quadruplex as a use, to recognize the existing lot frontage of 21.5 metres (69.4 feet); and stated that the property was located on the south side of Dunn Street between Drummond Road and Allanthus Avenue. He advised that the Notices of the Public Meeting were forwarded on February lOth, 1988. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent; and a positive response to his request for a show of hands from persons present who were in support of, or opposed to the application. He requested that persons wishing to receive further notice of the passage of the by-law submit their names and addresses with the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal; Official Plan; Zoning By-law Amendment; Comments from Public Notification; Surrounding Land Use; Planning Review; and Site Plan Review. He stated that the Planning Department was recommending approval of the application, based on the conditions included in Report No. PD-88-42. His Worship Mayor Smeaton received a negative response to his request for comments from persons present, other than the applicant or his agent, who were in support of the application; and a negative response to his request for comments from persons opposed to the application. Mr. Donato Colangels, agent for the applicant, expressed willingness to make any necessary adjustments to the site plan for an 18 foot driveway, and other recommendations included in the report. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PD-88-43 - ~hlef Administrative Officer - Re: AM-10/88; Linda Berry, 5086 Roberrs Street. following: Zoning Amendment Application The report recommends the i) That Council support the proposed zoning by-law amendment, as detailed in Technical Report PD-88-33; 2) That Staff be directed to prepare an appropriate zoning by-law amendment which reflects the application submitted for enactment at a subsequent Council meeting. -4- His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure under the Planning Act, 1983, as in the previous applications, would be followed. The Clerk advised that the applicant is requesting an amendment to Zoning By-law No- 79-200 to permit an existing residence to be used as a two-family dwelling; and advised that the property was located on the south side of Roberrs Street between Powell and MacDonald Avenues. He stated that the Notices of the Public Meeting were forwarded on February 10th, 1988. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent; and a negative response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application. He asked all persons wishing to receive further notice of the passing of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the .assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal; Zoning By-law Amendment; Official Plan; Surrounding Land Use; Comments from Public Notification Process; and Planning Review. He advised that the Planning Department was recommending approval of the application. Miss Linda Batty, applicant, was in attendance and did not wish to comment. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman 0rr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously- PB-88-44 - Chief Administrative Officer - Re: Zoning Amendment Application AM-11/88 AND Official Plan Amendment No. 171; A. & M. Pizzi, 6305 Ash Street- The report recommends that Council not support the proposed amendments to the Official Plan and Zoning By-law to permit the subject lands to be utilized for multiple family housing purposes. His Worship Mayor Smeaton declared the Public Meeting open and explained that the procedure under the Planning Act, 1983, as in the previous applications would be followed. The Clerk advised that the applicant was requesting that the City's Official Plan and the Zoning By-law be amended to permit the construction of a 4 unit t0wnhouse development; and that the property was located on the north side of Ash Street west of Drummond Road. Me further advised that the Notices of the Public Meeting were forwarded on February 10th, 1988, and because of the Official Plan Amendment, an advertisement was published in the Niagara Falls Review on February 12th, 1988. The Clerk stated that two petitions were received this evening which expressed opposition to the application, one was signed by 4 persons living on Monroe Street, and the other was signed by 46 persons in the area. A positive response was received by Mayor Smeaton in request for an indication of the presence of the appIicant or his agent, as well as for persons in fayour of or opposed to the application. His Worship Mayor Smeaton asked that all persons wishing to receive farther notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained ' in the Technical Report| Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land Use; Coneate from Public Notification Process; Planning Review; Proposed Zoning Amendments; and Site Plan Review. He advised that the Planning Department was not recommending approval of the application, His Worship Mayor Smeaton received a negative response to his request for comments from personss other than the applicant or Ms agents in support of the application. -5- Mr. John Lock, 6317 Ash Street; Mr. George Geber, 6314 Monroe Street; Sandy Sticca, 6490 Ash Street; and other concerned residents were in attendance to submit their concerns as follows: Ash Street is small, with small older homes suitable for first time buyers, and the proposal would be a detriment to the street and neighbourhood; a parking lot directly behind the townhouse would cause lights, and noisy activity during late night hours; the area is zoned residential, people purchased their homes with this knowledge, and they wish it to remain residential; this application, if approved, might be set a precedent in the area, causing people to move out of their small homes in the area; inadequacy of the sewer system; and the inadequate lot size of the subject property. Mr. Mike Pizzi, the applicant, advised that taxes bad been paid on the property since it had been purchased 6 to 7 years ago, and explained that the proposal is to enable the property to be self-supporting. He stated that this would be only a twosstorey building with adequate room for a driveway, and parking at the rear. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted, and the application denied. Carried Unanimously. P])-88-45 - Chief Adm~nistrative Officer - Re: Zoning Amendment Application AM-41/87 AND Official Plan Amendment No. 168; Landcorp Ontario Limited, Thorold Stone Road. The report recommends the following: l) That Council not support the requested Commercial Official Plan designation or the special General Commercial Zone (GC), for the northerly half of the site; 2) That Council approve the modifications to the Industrial Official Plan designation and Light Industrial Zone (LI), as outlined in this report, for the southerly half of the site. His Worship Mayor Smeaton declared the Public Meeting open, and explained that the procedures as in the previous applications, under the Planning Act, 1983, would be followed. The Clerk advised that the Notices of the Public Meeting had been forwarded on February 12th, 1988, and a Notice published in the Niagara Falls Review with respect to the Official Plan Amendment on February 12th, 1988; and further, that the owners of homes in the new subdivision across the road from the subject lands had been notified. He stated that the property was located on the south side of Thorold Stone Road east of Montrose Road; and that the applicant was requesting an amendment to the Official Plan and Zoning By-law to permit the construction of two buildings: one of the buildings which is located closer to Thorold Stone Road, is to be a commercial plaza; and the second building located closer to the highway is to be an industrial/commercial building to permit certain services and office type uses. A positive response was received to Mayor Smeaton's request for an indication of the presence of the applicant or his agent; and to his request for a show of hands from persons in support of, or opposed to the application. He asked all persons wishing to receive further notice of the passage of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in the Techni- cal Report: Development Proposal; Official Plan Amendment; Zoning By-Law Amendment; Surrounding Land Use; Comments From Public Notification Process; and Planning Review. He referred to the recommendations in Report PD-88-45, recorded previously. His Worship Mayor Smeaton received'a negative response to his request for comments from personae other than the applicant or his agents in support of the application. -6- Mr. Harry Lyon, 5737 Montrose Road, expressed concern regarding the ingress and egress from Thorold Stone Road "almost adjacent to the cutoff to the Q.E.W." He referred to the anticipated expansion of Thorold Stone Road, the very serious traffic situation presently encountered and increased traffic resulting from the proposed project; discussed the nearby petroleum services, as well as the additional gas station to be constructed in the near future; and suggested that the Regional Municipality of Niagara and the Ministry of Transportation would not be in support of the application. Mr- Ken Gonyou, Development Co~Ordinator with The Landcorp Group, stated that the subject property was acquired by Landcorp because the site was in a prominent area with easy access to arterial roads near urban centroe- Me stated further that the entranceway from Thorold Stone Road was approximately 250' from the interchange of the Q.E.W. and the corner of Mostrose and Thorold Stone Roads. Mr. Gonyou suggested the possibility of a Joint entranceway with PetroCan, the owners of the adjacent property, stated that traffic should not be affected because of the turning lane, and discussed the proposed second entranceway to the property from Mostrose Road. He discussed details of the proposal with the assistance of sketches; referred to the loading ramps, parking and servicing areas, landscaping with mature greenery; reviewed the design as well as the construction materials for both buildings; and responded to questions raised regarding the site and the entranceway. Mr. Boese, President, The Landcorp Group, expressed disagreement to the creation of a traffic hazard and also discussed the possibility of a combined entranceway with PetroCan, and stated that this would not be a good commercial site if the Region and the M.T.C. were opposed. He discussed marketing aspects of the proposed site, referred to the Commercial/Offices 0pportunitiee Study which indicated a need, and to an alternative site in the Niagara Square area. In reply to questions raised, Mr. Boese advised that if the project was approved completion date would be in the fall of this year. The Director of Planning & Development advised that the Commercial/Offices Opportunities Study indicated s need, and recommended the subject location for an industrial site and the encouragement of industrial development. He stated that over time the need will occur, and that the northwest area will need a major community shopping centre- Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Herrington, seconded by Alderman Coyills, that the recommendations as etated be approved. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Marrington, Hinsperger, Hopkins, Janvary, and Pay. ; NAYE:Aldermen Orr and Puttick. Alderman Pay retired from the meeting. PD-88-46 - Chief Administrative Officer - Re: to Buckley Avenue) Community Improvement Plan. following: Queen Street (cryslot Avenue The report recommends the 1) That the Council adopt the attached Queen Street (Crysler Avenue to Buckley Avenue) Community Improvement Plan; 2) That the Community Improvement Plan be submitted to the Ministry of Municipal Affairs on or before March 31st, 1988. ORDERED on the motion of Alderman Orr, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously- COMMUNICATIONS No- 83 - Regional Niagara hblic Works DeVartmnt - Re: Water/Sewage Flows. The communication attaches Report DEP-2635, Monthly Water and Sewage Flows Report by Municipality for January 1988. ORDERED on the motion of Alderman 0rr, seconded by Alderman Baker, that the communication he received and fixed. Carried Unanimously. 7 No. 84 - Regional Niagara Office of the Clerk - Re: 4th Quarter & Annual 1987 Building Permit Activity Report. The communication attaches Report DF88-25 dated February 24th, 1988, containing data regarding the subject matter. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No- 85 - D.H. Morton, President, LimeLight Graphics ~ Re: Souvenir Clothing. The communication advises that a new line of souvenir clothing will be introduced for the 1988 tourist season, and requests permission to print the names and/or logos, and/or crests of the Corporation of the City of Niagara Falls on articles of the clothing, to be sold as souvenirs in return for a "users' fee". ORDERED on the motion of Alderman Puttick, seconded by Alderman Coyills, that the request be denied. Carried Unanimously. No. 86 - Canadian Cancer Society - Re: Annual Campaign. The communication asks Council to proclaim the month of April 1988 as "Canadian Cancer Society Month". ORDERED on the motion of Alderman Harrington, seconded by Alderman Hopkins, that the request be approved subject to established policy. Carried Unanimously. Alderman Pay returned to the meeting. No. 87 -Minister for Senior Citizens' Affairs - Re: Senior Citizens' Month. The communication requests names of individuals in the area who could be considered as possible recipients of a Senior Achievement Award, and states that the deadline for receiving names is April 15th, I988. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be received and referred to the Senior Citizens Association to submit suggestions for possible nominees, and that the names then be referred to the Civic Committee. Carried Unanimously. No. 88 - Minister of the Environment ~ Re: Environmental Inventory Project. The communication advises that the City*s request for funding the subject project has been recommended for approval to the Management Hoard of the Cabinet. It was noted that $20,000.00 has been received by the City. ORDERED on the motion of Alderman Coyills, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimouslyt No. 89 - Buddy Love, Regency Hockey Club - Re: Hockey Tournament - April 1st to 3rd, and 7th to 10th, 1988, Stamford and Jack Bell Arenas. The communi- cation requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a special occasion permit to the Regency Hockey Club for its hockey tournament to be held on April let, 2rid, and 3rd, 1988, and on April 7th, 8tb, 9th, and 10th, 1988, at the Stamford and Jack Bell Arenas, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS Cl)-88-16 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Ascot Woods Extensions 3A and 3B"; File Number: 26T-87006; Owner: Ascot Woods Ltd. The report recommends that the Ascot Woods Extensions 3A and 3B Subdivision be approved subject to the conditions enumerated in this report. Mr. Brian Sinclair, Solicitor~ referred to the handout communication from his office and the attachment from Matthews & Cameron Ltd., expressing concerns regarding Conditions 1 and 4 in the report regarding parklands and street frontage. He requested the right to return for further discussion on these Conditions of Approval· -8- ORDERED on the motion of Alderman Hopkins, seconded by Alderman Htnsperger, that the report be received and adopted. It was further reco~mmended that Mr. Brian Sinclalr be given the right to return for a discussion of Items 1 and 4. Carried Unanimously. F-88-18 - Chief ~4-1uistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $185,072.37 for the period ending March 14th, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Harrington declared a conflict of interest on Cheque No. 31260 because he is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque No. 31222 because he is employed with the Company. Alderman Hopkins declared a conflict of interest on Cheque No. 31249 because a member of his family has a business interest- Additional information was provided on Cheque Nos. 31244, 31276 to 31287, 31334 and 31351. It was moved by Alderman Janvary, seconded by Alderman Pay, that the report he received and adopted. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that an amendment be made to the motlon to hold Cheque No. 31334 for further informa- tion. The amendment was Defeated with the following vote: AYE: Aldermen Orr, Pay and Puttick. NAYE: Aldermen Baker, Coyills, Harrington, Hinsperger, Hopkins and Janvary. The motion to receive and adopt the report Carried with Aldermen Harrington, Hinsparger and Hopkins abstaining from the vote on Cheque Nos. 31260, 31222 and 31249 respectively, on conflicts of Interest previously recorded; with Alderman Orr voting contrary on Cheque No. 31261; with Alderman Puttick voting contrary; and with all others voting in fayour. (HANDOUT) - Ad Hoe Co,--~ttee, Personnel - Re: Appointment of Director of Personnel. The report, which was approved in Committee of the Whole earlier this evening, recommends thee Mrs. B-L. Munro be appointed as Director of Personnel for the City of Niagara Falls, the said appointment to be subject to a probationary period of one year. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coyills, that the report be received and adopted. Carried UnantmouslF· !~88-38 (B&lfl)01rr) -Nunlctpal Parking & Trafflc Committee - Re: Municipal Parking & Traffic Committee Issues. The Committee recomends the following: 1) That the necessary by-law be prepared to authorize an amending agreement with the Canadian Corps of Commissionaires to reflect a 3.6% increase in hourly rates paid to Commissionaires; 2) That the parking expenditures and revenues for 1988 ae reviewed by the Committee be forwarded to the Finance Committee for their consideration; 3) That sidewalk be constructed at the first opportunity along the westerly side of Portage Road southerly from the CN railway bridge to the entrance of St, Antotne Schools and that a crossing guard not be placed at the school crossing. : That the attached letters concerning parking In Chippaws be received by Council and be referred to Staff for a further report; 5) That the necessary by-law be prepared to reSulate the use of curb space on Erie Avenue adjacent to Niegara Transit. It was moved by Alderman Hinsperger~ seconded by Alderman Covtlle~ that the report be received and adopted. ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that an amendment be made to the motion, that Recommendation No. 5 be deleted from the report. The amendment was Defeated with the following vote: AYE: Aldermen Harrington, Orr, Pay and Puttick. NAYE: Aldermen Baker, Coville, Blnsperger, Hopkins and Janvary. The motion to receive and adopt the report Carried with the following vote: AYE: Aldermen Baker, Coville, Marrington, Hinsperger, Hopkins, Janvary and Pay- NAYE: Aldermen Orr and Puttick. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-Iaws be read a first time: No- 88-57 - A by-law to authorize a subdivision agreement with Pinewood Homes (Tara) Ltd. respecting Charnwood Phase II Plan of Subdivision. No. 88-58 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington, Hinsperger and Hopkins abstaining from the vote on By-law No. 88-58 on conflicts of interest previously recorded in Report No. F-88-18; with Aldermen Orr and Puttick voting contrary on By-law No. 88-58 as previously recorded in Report No. F-88-18; and with all others voting in layout. ORDERED on the motion of Alderman Baker, seconded by Alderman Htnsperger, that the following by-laws be now read a second and third time: No. 88-57 - A by-law to authorize a subdivision agreement with Pinewood Homes (Tara) Ltd. respecting Charnwood Phase II Plan of Subdivision. NO. 88-58 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrfngton, Htnsperger and Hopkins abstaining from the vote on By-law No- 88-58 on conflicts of interest previously recorded; with Aldermen Orr and Puttick voting contrary on By-law No. 88-58 as previously recorded; and with all others voting in favour. It was moved by Alderman Baker, seconded by Alderman Puttick, that the meeting adjourn. "': READ AND ADOPTEDs , CI LE~ ' * * ' TWELFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 March 21, 1988 Council met on Monday, March 21st, 1988 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Cheesman and Cummings, were present. Alderman Hopkins presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ~TED, ~ REGULAR MEETING Council Chambers March 21, 1988 Council met on Monday, March 21st, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Chessman and Cummings, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Harrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the minutes of the meeting held March 14th, 1988 be adopted as printed. Carried Unanimously. DEPUTATIONS INVIROI~!~rfAL MAri'm~S - Ms. Linda Ko Varangu, Manager, Ontario Waste Exchange, Environmental & Chemical Engineering Division of the Ontario Research Foundation reviewed a written submission regarding research projects and various programs to help industries reduce their industrial waste through waste management reduction technology. She stated that funding is available to assist industries in this area to establish a waste exchange system, i.e., foundry sand for asphalt; and provide information regarding hazardous waste, i.e., cyanide waste with high metal content. Ms. Varangu replied to questions raised regarding funding subsidies. His Worship Mayor Smeaton expressed appreciation, to Ms. Varaugu, on behalf of Council. He advised that Regional Councillor Start Pettit had been invited to attend an upcoming Council meeting to discuss the O~qiC search for an industrial ~aate site, W~X)~ WAC. ON - Mrs. Ann Livesey introduced the following representatives of Welcome Wagon in attendance at the meeting; Ms. Helen Fish, visiting in Chtppawa and downtown; Mrs. Pat Hughes, visiting in the major areas of the City; and Mrs. Joyce Biggar. She provided a brief summary of the group, reviewed statistical data, and referred to the participation of the Mayor, Member of Parliament and Member of the Legislative Assembly. His Worship Mayor Smeaton expressed the appreciation of the Community to the group. -2- T~,IN WMISTLKS -LUNDYeS LANE RAILWAY CROSSINC - Communication No. 90 - Petition from Peter YanKleer & Other Area Kemfdentn - Re: Train Whistles at Lundy's Lane Crossing. The petition refers to By-law No. 73-128 and asks Council to consider prohibiting the sounding of any railway engine whistle at the subject crossing. Mr. VsnKleef discussed concerns regarding the railway crossing on Lundy's Lane, i.e., the sounding of train whistles st 3:00 a.m. creating a disturbance for campers in the area, as well as the difficulty in seeing the approaching trains, and the need for an earlier warning system. He stated that the sounding of railway whistles was probtted throughout the City of Toronto, and asked that similar action be taken in Niagara Falls. Mr. VanKleef suggested lights, or an alternative warning system. During the disdnSsio~, suggestions were made with respect to safety features at the subject crossing, i.e., control arms, drop gates, and lights. His Worship Mayor Smeaton asked that Mr. VanKleef submit a letter containing his concerns and suggestions. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the matter be referred to Staff for a full study, and report to Council. Carried Unanimously. REGIONAL P, EVIE~ - Mr, Harry Kitchen, Chairman of the Niagara Regional Review Commission, provided the following information regarding the mandate of the Commission: representation on Regional Council; a review of the relationship of boards, commissions and all purpose bodies to Regional Council; an analysis of revenues and expenditures; a review of 2-tier vs. l-tier government; a review of research in other areas, i.e., Haldimand-Norfolk and Ottawa-Carleton and identifcation of the difference between Niagara and elsewhere. He advised that a report would be submitted to the Ministry of Municipal Affairs, and invited comments and recom- mendations from Council and Staff. Mr. Kitchen responded to questions raised regarding the proposed review. UNFINISHED BUSINESS WAT~X QUALITY - ~T. PAUL AVIiNUE- M-88-10 - (HANDOUT) - Mayor Saw, area- Re: St. Paul Avenue Water Problem. The report attaches a copy of Report No. MW-88-42, expresses satisfaction with the accuracy of the information, and suggests that the recommendations in the report should be carried out forthwith. A copy of a Summary Report submitted by the Regional Niagara Health Services Department was also attached. Mayor Smeeton expressed concern regarding the lack of notification by Staff to himself and the Chief Administrative Officer, and stated that the matter had been addressed and corrected. Report Mo. N~-88-42 - Chief Administrative Officer - Re: Water Quality - St. Paul Avenue, The report recommends that City Staff prepare the following for the consideration of Council: 1) 2) plumbing inspection program; and public education campaign; both aimed at reducing the potential for contamination of our water supply by consumers. Mr. Wayne Pines 2789 St. Paul Avenue discussed the inability of residents in the subject area to drink the water, and requested that Council consider the - closure of the nearby car wash because it was a source of contamination. During the discussion, the Maintenance & Operations Engineer reviewed the information contained in the report with regard to the water problem on St. Paul Avenue, responded to questions raised, discussed the actions taken by the City, the Regional Health Services and the Ministry of the Environment, and stated that there was a continuing search for the source of the contamination as well as continued testing of the water. He stated that he bed personally tasted the water and discovered a "dusty and musty smell". 3 ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the reports be received and adopted, and further information in this matter be submitted to Council. Carried Unanimously. COMMUNICATIONS No. 91 - Solicitor General - Re: Tornado Awareness. The communication asks Council to proclaim March 30th, 1988, as "Tornado Awareness Day" and, through the cooperation of the media, publicize the protective measures which residents can take. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the request be approved subject to established poltcy. Carried Unanimously. No. 92 - Mrs. Margaret Baskorville - Re: Proclamation. The communication requests that Council proclaim May 8th to 14th, 1988, as "Nurses' Week". ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the request be approved subject to established policy. Carried Unanimously. No. 93 - Persons United For Self Help, South Central Region - Re: Proclamation. The communication asks Council to proclaim the week of May 29th to June 4th, 1988, as "National Access Awareness Week", and requests support and participation for the continuing awareness of persons with disabilities. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the request be approved subject to established policy. Carried Unanimously. No. 94 - Tourette Syndrome Foundation of Canada - Re: Proclamation. The communication requests that Council proclaim June, 19887 as "Tourstie Syndrome Awareness Month". ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the request be spproved subject to established policy. Carried Unanimously. No. 95 - Canada's International Imunization Pro&ram - Re: Proclamation. The communication asks Council to proclaim April 7th, 1988, ss "Immunization Day"s and encloses a copy of the United Nations 1985 Declaration on Universal Child Immunization for signature; requesting that the Declaration be returned with the proclamation to the Canadian Public Health Association, to be forwarded to the United Nations Headquarters. The communication further requests partici- pation and cooperation in publicizing the information in the media, churches, schools and other groups. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the request be approved subject to established policy. Carried Unanimously. No. 96 - The Secretary of State of Caeada- Re: "Being a Canadian". The communication attaches the aforementioned Special Report and invites participa- tion in "National Citizenship Week", April 17th to 23rd, 1988; "National Access Awareness Week", May 29th to June 4the 1988; and "Canada Day". ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the communication be referred to the Civic Committee. C~ried Unanimously. No. 97 - Man in Motion World Tour - Re: Rick Hansen - Man in Motion. The communication advises that, due to Rick Hansen's commitment to Expo '88 in Australias he cannot accept an invitation to visit Niagara Falls, and encourages events being planned around "Access and Awareness Week", May 29th to June 4th, 1988. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, ~hat the communication be received and filed. Carried Unanimously. No. 98 - Ontario Multi-Material Recyclin~ Iec, (OBHRI) - Re: "Municipal Waste Recycling: Development Plans for Ontario". T~ communication attaches a copy of the subject document. ORDERED on the motion of Alderman Pays seconded by Alderman Coyills, that the communication be referred to Staff for review. Carried Una. nimousl~. -4- No. 99 - G.N.B.A. - Re: Molson N.H.L. Slo-Pttch Challenge. The communication advises that the Slo-Pttch Challenge will be held June 24th to 26th, 1988 at Oakes Park, and requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Pay, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the G.N.B.A. for the Molson N.H.L. Slo-Pitch Challenge to be held on June 24th, 25th, and 26th, 1988, at Oakes Park, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 100 - F.C.M. - Re: Chinese Open Cities Study Tour. The communication requests involvement in the tour by senior Chinese local government officials from Special Economic Zones and Coastal Cities of China, between April 29th and May 2nd, 1988, and further requests that Mayor Smeaton formally welcome the delegation to Niagara Falls by hosting an official reception on April 29th or April 30th, 1988. Following a discussion, it was moved by Alderman Puttlck, seconded by Alderman Pay, that the communication be received and filed, and further, that the communication be referred to the Niagara Regional Development Corporation (N.R.D.C.), the Economic Development Agency (E.D.A.), and the Niagara Falls Visitor and Convention Bureau for comments. Carried Unanimously. No, 101 (HANDOUT) - The Dire Straits Softball Club - Re: 2rid Annual Spring Slo-Pitch Tournament - May 6th to 8th, 1988, at Houck Park. The communication requests a Special Occasion Permit for the event, ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that Council indicate it has no objection to the issuance of a Special Occasion Permit to The Dire Straits Softball Club for its 2nd Annual Spring Slo-Pttch Tournament to be held May 6th, 7th, and 8th, 1988, at Houck Park, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS FD-aS-04 - Chief Administrative Officer - Re: Ontario Municipal Fire Prevention Officers' Association Annual Conference, Guelph, Ontario - March 28th to 31st, 1988. The report recommends that the Director of Fire Prevention, John Simon, be authorized to attend the Annual Conference of the Ontario Municipal Fire Prevention Officers' Association to be held in Guelph, Ontario, from March 28th to 31st, 1988. ORDERED on the motion of Alderman Pay, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. M)-88-05 - Chief Administrative Officer - Re: Purchase of 100 ft Aerial/Pumper Combination Fire Truck. The report recommends timat the low tendered price of $453,669.00 from C.E. Hitkey of Hamilton, Ontario, who represents Thibault Fire Apparatus of Pierrevillas Quebec, he accepted for a 1988 100 ft. Aerial/Pumper Combination Fire Truck. ORDERED On the motion of Alderman Pay, seconded by Alderman Hinspergers-that the report be received and adopted. Carried Unanimously. See Resolution No. 19. R-88-05 - Chief Administrative Officer - Re: Installation of Vinyl Siding on Gable Ends of Stamford Memorial Arena. The report recommends that Micron Limited be awarded the contract to supply end install vinyl siding and soffit and fascia on gable ends at Stamford Memorial Arena for a total cost of $8,594.00. ORDERED on the motion of Alderman Pays seconded by Alderman Hinspergers that the report be received and adopted. Carried Unanimously. -5- R-88-07 - Chief Administrative Officer - Re: Track and Field Equipment. The report recommends that track and field equipment totalling $5,555.00 be purchased from Sports Equipment of Toronto Limited. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. R-88-08 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides information regarding the attendance at the public swimming pool from January 2nd to February 29th, 1988s and recommends that the report be received and filed. ORDERED on the motion of Alderman Pays seconded by Alderman Minspergers that the report be received and adopted. Carried Unanimously. B-88-14 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report February 1988. The report provides information regarding Permits Issued and Highlights for February, 1988, as well as March, 1988, proposals. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and filed. Carried Unanimously. B-88-15 - Chief Administrative Officer - Re: Lions Centre Building - 4981 Drummond Road. The report recommends that the request of the Lions Club to remove the old house known as 4981 Drummond Road be Erected. ORDERED on the motion of Alderman Pay, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. B-88-16 - Chief Administrative Officer - Re: Security Services - City Hall. The report recommends that Council approve the by-law on tontght's agenda authorizing a 3.6% increase in payment to the Canadian Corps of Commissionaires for the provision of City Hall Security services for the period commencing April 1, 1988 through March 31, 1989. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-66 and By-law No. 88-67. B-88-17 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 26 Unit Townhouse Development; Mewburn Road (east side, south of Mountain Road), ~21-32/87. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed townhouse development, and the site plan being drawing number A-2 dated February 1988, and the site servicing plan being drawing number 87-033-01 dated February 26th, 1988, as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 15th, 1988, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Covtlle, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-88-18 - Chief Administrative Officer - Re: Revised Site Plan Approval - Existing Pyramid Place (Imax Theatre); Robinson Street. The report recommends that the Council approve the site plan(s) on display at tonight's meetings being a revision to Imax Theatre site plans and the site plan being drawing number SP-I dated June llths 1986, and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 8ths 1988s and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Hinspergers seconded by Alderman Pays that the report be received and adopted. Carried Unanimously. NM-88-34 - Chief Administrative Officer - Re: 1988 Tender for Extermination of Rats, Groundhogs, Skunks & Bees. The report recommends that the tender of P.C.O. Services Lid, in the amount of $5s825.00 for the elimination of ratss groundhoSe, skunks and beeas commencing April 1sis 1988s be accepted, -6- ORDERED on the motion of Alderman Pay, seconded by Alderman Hinspsrger, that the report be recelved and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coyills, Herrington, Hlnsperger, Hopkins, Orr, Pay and Puttick. NAYE: Alderman Janvary. See Resolution No. 20. See By-law No. 88-62. NW-88-35 - Chief Administrative Officer - Re: 1988 Tender for Hydraulic Cleaning of Sewers and Culverts, and T.V. Inspection of Sewers. The report recommends that the following tenders be accepted: 1) Hydraulic Cleaning of Sewers and Culverts - Flow Kleen Tech Lid; 2) Television Inspection of Sewers - Cam-Eye Sewer & Pipeline Inspections Inc. ORDERED on the motion of Alderman Covflle, seconded by Alderman Orr, that · the report respecting T.V. Inspection of Sewers be tabled one week for further information regarding equipment. Carried Unanimously. See By-law No. 88-64 and By-law No. 88-65. NW-88-36 - Chief Adsfnistrative Officer - Re: 1988 Tender for Equipment Rental - Landfill Site. The report recommends that JCJ Contracting be awarded the tender for the rental of one crawtar bulldozer at $31.95 per hour, and one crawlet loader at $33.25 per hour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Marrington, that the report be received and adopted. Carried Unanimously. See Resolution No. 21. See By-law No. 88-63. NW-88-39 - Chief Administrative Officer - Re: 1988 Tenders for Material. The report recommends that tenders for materials be accepted as outlined in the report and on the attached summary sheets. ORDERED on the motion of Alderman Hfnsperger, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. See Resolution No. 22. NM-88-40 -Chief Adelnlstrative Officer - Re: 1988 Quota%ton for Rental of General Equipment. The report recommends that the attached schedule of rental rates for general purpose equipment be used, starting with the lowest rental rate for equipment available and suitable, when required for City operations. ORDERED on the motion of Alderman Pay, seconded by Aldermen Minsperger, th~t the report be received and adopted. Carried Unanimously. NN-88-41 - Chief Administrative Officer - Re: Calaguiro Subdivision Sidewalks. The report recommends the following: 1) The sidewalk on the south side of January Drive in the Calaguiro Subdivision be deleted from the Subdivision servicing requirements subject to: (a) <b) An amending Subdivision Agreement, signed by all those property owners agreeable to the sidewalk deletions; Provision of security (Letter of Credit or cash) to the City in the amount of $31,000.00 for the cost of constructing sidewalks, together with an undertaking (1) Allow the City to draw upon the security to the full extent thereof in the event that the City is ordered by a Court to install the sidewalks+ or as ordered by a Court to pay damages for not having installed the sidewalks; 7 To allow the security to be held for the statutory limitation period (20 years) for actions against the City arising out of the deletion of the sidewalks; (iii) To allow the security, if in the form of a Letter of Credit, to be renewed and updated annually to reflect the current estimated costs of constructing the sidewalks; (c) Provision of a further security in the amount of $7,500.00 for legal expenses incurred by the City in defending any action initiated as a result of the deletion of the sidewalk, such deposit to be retained for the statutory limitation period. The sidewalk requirement for that section of Calaguiro Drive, north of January Drive and within Stage I of the Calaguiro Subdivision, be deleted and no securities be held for this section of sidewalk. Mr. R. Smith, 6671 January Drive, stated that the Treasurer was aware of the conditions in the report and was "quite prepared to cover the full amount of the legal expenses and cost of the sidewalks in cash". Mr. R.E. Corbett, Solicitor, 6748 January Drive, expressed concerns regarding the necessity of having a new agreement signed by the residents, and asked that the City Solicitor reconsider commencing the Statute of Limitation period with the signing of the new agreement rather than in 1981 when the original subdivision agreement was signed. He requested clarification of these isaues, and submitted the agreement in triplicate. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted, and that further consideration be given by the City Solicitor to the signing of a new agreement as well as the date of commencement of the Statute of Limitations. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Covtlle, Herrington, Hinsperger, Hopkins, Janvary, Pay and Puttick. Alderman Orr. F-88-19 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $876,375.46 for the period ending March 21+ 1988 be approved by the passing of the by-law appearing later on the ageride. Alderman Hinsperger declared a conflict of interest on Cheque No. 31405 because he is employed by the Company. ORDERED on the motion of Alderman Herrington, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 31405 on a conflict of interest previously recorded; and with all others voting in layout. CD-88-15 - Chief Adainietrative Officer - Re: Statistical Report - Clerk's Department. The report provides comparative statistical data for 1985s 1986 and 1987 from the Clerk's Department, and recommends that the contents of this report be noted and that it be received and filed. ORDERED on the motion of Alderman Janvary~ seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. M-88-08 - Mayor Smeaton - Re: F.C.M. Conference. The report provides information regarding the upcoming F.C.M. Conference+ June 3rd to 6th, 1988, requests approval that Mayor Smeaton attend the Conference+ and requests information regarding others who may wish to attend. There was no seconder to Alderman Puttick's motion to send Planner II+ Ms. de Boer+ to the Conference. ORDERED on the motion of Alderman Janvary~ seconded by Alderman Orr+ that the report be tabled until the report on conferences and conventions is received. Carried Unanimously. -8- M-88-09 - }layor Spaton - Re: Ontario Trucking Association. The report attaches correspondence from the Ontario Trucking Association and suggests that a copy of Bill 88 be made available to members, and that the matter be referred to Staff for comment. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be referred to Staff for comment. Carried Unanimously. CD-88-17 - Chief Adainistrative Officer - Re: AM-28/86, Restricted Area By-law No. 88-26, Joseph Bottacin. The report recommends that Council reaffirm its approval of By-law No. 88-26 so 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 Orr, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Herrington, Hinsperger, Hopkins, Orr, Pay and Puttick. NAYE: Alderman Janvary. RESOLUTIONS No. 19 - PAY - 8INSP]~ - RESOLVED that the unit prices submitted by C.E. Hiekey, of Hamilton, Ontario, who represents Thibault Fire Apparatus of Pierreville, Quebec, for the purchase of a 1988 100 ft. Aerial/Pumper Combination Fire Truck, at the low tendered amount of $453,669.00, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 20 - PAY - HINSPEPaR- RESOLVED that the unit prices submitted by P.C.O. Services Ltd., for the 1988 extermination of rats, groundhogs, skunks and bees, at the low tendered amount of $5,825.00, be accepted; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Janvary voting contrary, and with all others voting in favour. No. 21 - HINSPM~]~a- E%aRIN~TON - RESOLVED that the unit prices submitted by 3Cj Contracting for 1988 Equipment Rental - Landfill Site, in the low tendered amount of $31.95 per hour for one crawlet bulldozer; and $33.25 per hour for one crawlet loader, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 22 - HINSPnfiMR- E%RRIN~TON - RESOLVED that the unit prices for ]988 tenders for materials be accepted, as outlined on the attached summary sheets; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Covtlle, seconded by Alderman Baker, that leave be 8ranted to introduce the followin8 by-laws, and the by-laws be read a first time: No. 88-59 - A by-law to amend By-law No. 5335, 1955, as amended by By-law No. 79-53. (AM-38/87, 414878 Ontario Limited, 5810 Stanley Ave. at Spring St.; Report PD-87-165 approved by Council December 14/87). No, 8840 - A by-law to amend By-law No. 3790, being a by-law for the tabulation of traffic. (Erie Avenue). 9 No. 88-61 - A by-law to adopt a Community Improvement Plan for the Commercial Area Improvement Program Area No. 2 (Downtown) Community Improvement Project Area. No. 88-62 - A by-law to authorize the execution of an agreement with PCO Services Limited for rodent control services. No. 88-63 - A by-law to authorize the execution of an agreement with 504802 Ontario Inc., operating as J.C.3. Contracting for the supply of equipment for the City's sanitary landfill site. No. 88-64 - A by-law to authorize the execution of an agreement with Cam-Eye Sewer & Pipe Line Inspections Inc. for the television inspections of sewers. No. 88-65 - TABLED. No. 88-66 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton). (Security of City Hall). No. 88-67 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton). (Providing for employment of members). No. 88-68 - A by-law to provide monies for general purposes. The motion Carried with Alderman 3anvary voting contrary on By-law No. 88-62; with Alderman Hinsperger abstaining from the vote on By-law No. 88-68 on a conflict of interest previously recorded in Report No. F-88-19; and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the following by-laws be now read a second and third time: No, 88-59 - A by-law to amend By-law No. 5335, 1955, as amended by By-law No. 79-53. No. 88-60 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. Me. 88-61 - A by-law to adopt a Community Improvement Plan for the Commercial Area Improvement Program Area No. 2 (Downtown) Community Improvement Project Area. Ne. 88-62 - A by-law to authorize the execution of an agreement with Pen Services Limited for rodent control services. No. 88-63 - A by-law to authorize the execution of an agreement with 504802 Ontario Inc., operating as J.C.J. Contracting for the supply of equipment for the City's sanitary landfill site. Na. 88-64 - A by-law to authorize the execution of an agreement with Csm-Eye Sewer & Pipe Line Inspections Inc. for the television inspection of sewers. No. 88-65 - TABLED. No. 8846 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton). No, 88-67 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton). No. 88-68 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law No. 88-62; with Alderman Hinsperger abstaining from the vote on By-law No. 88-68 on a conflict of interest previously recorded; and with all others voting in fayour. - 10 - NEW BUSINESS IT]~ OF CONCERN: Parking Lots - Corner/Huron Street & Ontario Avenue - Alderman err requested Staff to investigate snow ploughing of the parking lots at the corner of Huron Street and Ontario Avenue, on Sunday afternoon when the snow was melting. Proposed Cat By-lab- Alderman Herrington initiated a discussion regarding complaints he had received with respect to cats in the City. He referred to his discussion with the City Solicitor of Kitchener, Ms. Lesley McDonald, regarding the new by-law which had been established under Section 210, Subsection 4 of the Planning Act, and stated that the by-law appears to have been successful in the control of animals in Kitchener. He referred to the new by-law in Waterloo, which was "more strict". Alderman Harrington is anticipating receipt of a copy of the Kitchener by-law and suggested the possibility of the City of Niagara Falls drafting a by-law similar to that one. He referred to his discussion with the Humane Society and a new innovation whereby an implantation in an animal's neck provides informa- tion regarding proper licensing. Alderman Baker explained the differing points of view held by members of the Humane Society regarding the policy of controlling and licensing cats. He referred to the "wait and see attitude" of members in order to ascertain the effectiveness of such by-laws in other Municipalities, prior to the submission of a recommendation to City Council. There was no seconder to Alderman Harrington's motion to refer this matter to Staff for the formulation of a by-law to control animals other than dogs in the City. Alderman Puttick requested that it be recorded he was not in favour of such a by-law. On-Duty Staff/Noon Hours - Alderman Puttick discussed his concerns regarding someone of authority being available in each department of the City during lunch hours, and asked the Chief Administrative Officer to investigate this matter. - 11 - self-policing checkback, possibly in the form of a small returnable card. Mayor Smeaton expressed the opinion that the Niagara Falls Visitor & Convention Bureau should be made aware of the suggestion of Alderman Campbell. ITEM OF I~'~tEST: Official Opening of Bus Terminal - In response to questions raised by Alderman Janvary, His Worship Mayor Smeaton advised that the new bus terminal had opened today, however, the Official Opening would be at a later date, and that Council would be invited to the upcoming Official opening. It was moved by Alderman Puttick, seconded by Alderman Covflle, that the meeting adjourn. READ AND ADOPTED, Holy Family Regional Niagara Youth Centre & Boys Home- Alderman Puttick referred to the request for funding from the Holy Family Regional Niagara Youth Centre & Boys Home, the contribution of the Orange Lodge to the Centre last year, and the possibility of the Orange Lodge retracting its contribution this year because of the City's approval of a request for $1,000.00 last week. He asked verification that this possibility ~ould not occur. His Worship Mayor Smeaton advised that clarification would be submitted to Council next week, as well as information regarding continued financial' assist- ance by the Orange Lodge. Message of Condolence - ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that a message of condolence be forwarded to the family of the late Mr. Bert Duquette, the former owner of Duquette's Pharmacy and a volunteer in the community. Carried Unanimously. Niagara Falls Canueks - Alderman Janvary referred to the recent success of the Niagara Falls Canucks in winning the Golden Horseshoe Junior "B" Championships, and asked that a presentation be made to the team, and a letter of recognition from Mayor Smeaton~s office. The team will now be competing in the Quarter Finals, Junior "B" Playdowns at St. Thomas, Ontario. Alderman Janvary suggested that attendance at the games would be appreciated. Rotalms NotsIs & Restaurants - Alderman Campbell referred to a recent editorial in the local newspaper entitled "Restaurant Meal Not Up To Snuff". He suggested that, because Niagara Falls was a tourism centre, the Visitor and Convention Bureau should initiate a form of · . . . 11 THIRTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 March 28, 1988 Council met on Monday, March 28th, 1988 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor William S. Smeaton, Aldermen Cheesman and Hinsperger, were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers March 28, 1988 Council met on Monday, March 28th, 1988 at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of His Worship Mayor William S. Smeaton, Aidemen Cheesman and Hinsperger, were present. APPOINTMENT OF PRESIDING OFFICER The City Clerk welcomed Members of Council and the general public to the meeting and advised that His Worship Mayor William S. Smeaton was ill. He then entertained a motion to appoint Aideman Pat Cummings as Presiding Officer for the meeting. ORDERED on the motion of Alderman Orr, seconded by Aideman Coville, that Alderman Pat Cummings be appointed Presiding Officer-for the Council Meeting. Carried Unanimously. See Resolution No. 23. Aideman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the minutes of the meeting held March 2let, 1988 be adopted as printed. Carried Unanimously. REPORT H-88-08 - HAYOR 8HEATON - RE: F.C.H. CONFERENCE - Alderman Puttick referred to the minutes of the meeting held on March 21st, 1988 in which a report of Mayor Smeaton requested that he be permitted to attend the Federation of Canadian Municipalities Conference scheduled for Halifax. The report was tabled to be considered when the Chief Administrative Officer had prepared the Conference and Convention Report for 1988. - 2- Aideman Puttick expressed concern that too many delegates wished to attend the Federation of Canadian Municipalities Conference in Halifax. He stated that as many as twenty-seven persons from the Region had intentions of attending with a total cost of perhaps $27,000.00 to $30,000.00. Aideman Puttick moved that a letter be forwarded through the Chief Administrator's Office to the Regional Municipality of Niagara indicating whether the Region would pay for the twenty-seven delegates or whether the individual municipalities would pay their own way, and that a limit of five delegates be permitted to attend the conference. Alderman Pay concurred with Aideman Puttick and informed Council that the decision of the number of delegates should be left up to the Region. The motion was Defeated with the following vote: AYE: Aidemen Campbell, Janvary, Pay and Puttick. NAYE: Aldermen Baker, Coville, Harrington, Hopkins and Orr. DEPUTATIONS "CHAT 'N' CHE~" - NEW PROGRAHFOR SENIORS - Ms. Margaret Lampard, Convenor, and Ms. Beth Diamond, Co-Convenor, addressed Council respecting the Rainbow Seniors "Chat 'N' Chew" Program which has been organized for all Senior Citizens, Disabled Persons, and Nursing Home Residents in Niagara Falls. The representatives requested financial assistance from Council until their grant is received. The total estimated funds requested was in the amount of $835.00. Staff will refer copies of their submission to the Finance Committee for consideration. WATER QUALITY - ST. PAUL AVENUE - Mr. Dave Claydon, a resident of St. Paul Avenue, expressed his exasperation that it was now thirty-seven days of bad water in his neighbourhood. The water appears to be better for a longer period of time, but still has a foul odor to it. He stated that it was inconvenient for his family to buy distilled water even though the City is now supplying them with water. He was also perturbed that the residents are not being told exactly what the problem is and that "nothing abnormal or significant is in the water". Mr. Claydon suggested that: 1) The City should focus their attention back to the can' wash and perhaps close it down for one or two days, and 2) A further meeting should take place with City Officials, the Health Department, and Members of Council to put an end to the water problem. Aideman Cummings agreed that the water was indeed "bad", that two families were sick and had to be artended by doctors, people were getting rashes, the City had changed portions of the water lines and sewer pipe, and that one resident had his driveway damaged by City employees who had been digging on his property. Mr. H.A. Lamb, Maintenance & Operations Engineer, informed Council that the Health Department claimed the water to be perfectly safe, that the team put together is continuing to meet and take tests to improve the dilema of the water, that there is not a bacteria nor organic problem in the water~ and that it is not a health problem. Aideman Cummings disagreed with Mr. Lamb and suggested that if City Off icials could not find the problem, then an expert should be hired who could do so. He also indicated that the car wash should be requested to close in order to discover if soap or organic particles were escaping through the water lines. He questioned whether documents would be made available for Council and the general public. o 3 - Mr. Lamb informed Council that the Ministry of the Environment, the Health Department, Regional Officials, and an expert oncorrosion problems would be meeting to discuss the water problem further. Alderman Baker inquired if the area of contamination had been confined. Mr. Lamb explained that two households were directly involved and that perhaps the problem is coming from the watermain and the household faucet. He further stated that the Ministry of Environment would be performing a (TOC) Total Organic Compound test to discover if something abnormal is still in the water with continued testing. A tentative meeting is being arranged for Tuesday, April 5th, 1988 in which Staff will be informing Mr. Claydon of the results. UNFINISHED BUSINESS MW-88-35 (March 21/88) and ~-88-44 (March 28/88) - Chief Administrative Officer - Re: 1988 Tender for Hydraulic Cleaning of Sewers and Culverts. The reports recommend that the tender received from Flow Kleen Tech Ltd. be accepted. Aideman Coville questioned as to whether or not the successful tenderer had met the tender requirements respecting equipment. Mr. Lamb explained that the next two tenderers had bid on one piece of equipment which could do the job, however, the low tenderer had bid on the use of two vehicles, which in his opinion, could also do the job. Mr. Lamb stated that although the low tenderer did not bid on the specified equipment, the firm could do the same work with two vehicles and he could not recommend anyone other than the low tender. In answer to a question by Aideman Puttick, Mr. Lamb stated that he had not received a legal opinion. Mr. E.P. Lustig, City Solicitor, was asked for his opinion respecting the legality of awarding the tender to the low bidder and he stated that there was no problem with the awarding of the low tender. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the tender be awarded to Bob Robinson Construction, the second low tenderer. The motion was Defeated with the following vote: AYE: Aldermen Coville and Orr. NAYE: Aldermen Baker, Campbell, Harrington, Hopkins, Janvary, Pay and Puttick. ORDERED on the motion of Aideman Baker, seconded by Aiderman Pay, that the reports be received and adopted. The motion Carried with the following vote: AYE: Aidermen Baker, Campbell, Harrington, Hopkins, Janvary, Pay and Puttick. NAYE: AIdermen Coville and Orr. See By-law No. 88-65. COMMUNICATIONS No. 102 (a) = Chippawa Heritage Club, Denise Whipp, Chairperson - Re: "Ye Olde Chippawa Days Festival". The communication requests approval for skydivers and Molsons Breweries' hot air balloon to land on City property at Niagara South Memorial Arena Complex on Sunday, 3uly 31st, 1988. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the communication be received and referred to Staff for comments. Carried Unanimously. -4- No. 102 (b) - Chippaws Heritage Club, Gary Bradnam, Co-Ordinator - Re: "Ye Olde Chippaws Days Fes tival". The conffnunication provides information regarding proposed events for "Ye Olde Chippaws Days" commencing July 29th to 31st, 1988 and requests approval for a Special Occasion Permit, rental of Niagara South Arena, and reservation of baseball diamonds in the former Village of Chippaws for a Slo-Pitch Tournament. ORDERED on the motiou of Alderman Pay, seconded by Aiderman Hopkins, that the communication be received and referred to Staff for comments. Carried Unanimously. No, 103 - Workers' Compensation Board - Re: Slo-Pitch Tournament. The communication requests approval for the tournament to be held on Saturday, June llth, 1988 at the Niagara Sports Centre. Alderman Campbell expressed concern that the letter did not actually request approval for a Special Occasion Permit. The City Clerk indicated that a sentence apparently was omitted, but he would clarify the request with the applicant. ORDERED on the motion of Alderman Orr, seconded by Aiderman Pay, that Council indicate (after clarification by the City Clerk) that it has no objection to the issuance of a Special Occasion Permit to the WorkersI Compensation Board for a Slo-Pitch Tournament to be held on Saturday, June llth, 1988, at the Niagara Sports Centre, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS B-88-19 - Chief Administrative Officer - Re: Site Plan Approval, Proposed One Storey Commercial Development, 6265 Thorold Stone Road (North side - West of Portage Road). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed commercial development, and the site plan being drawing number 1 dated November 4th, 1987, as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 22nd, 1988, and that such approval be subject to the following conditions: a) That the owner be required to provide to the satisfaction of and at no expense to the Corporation of the City of Niagara Falls (the City) the following facilities and works shown on the said site plan: One access ramp to provide ingress and egress between the property and Thorold Stone Road which shall be in the location and of the width shown on the site plan together with the curbings shown on the site plan. Five off-street parking spaces and the access driveways, all having dimensions and being in the locations shown on the site plan and which shall be surfaced with hot mix asphalt or approved equivalent, together with all of the curhinge shown on the site plan. 3. Concrete sidewalks of the dimensions and in the locations Shown on the - site plan. Any facilities for lighting including floodlighting, shall be installed and maintained so that the light is deflected away from adjacent residential or institutional districts or uses and away from traffic or adjoining roadways. 5. The fence, trees, shrubs and other landscaping of the types and in the locations shown on the site plan to be constructed. 6. The facilities for the storage of garbaBe and other waste material within the building. - 5 - Such grading or alterations in elevation as shall be necessary to provide the elevations on the site plan together with all of the facilities and works for the disposal of storm, surface and waste water shown on the site plan. b) That the owner be required to maintain to the satisfaction of the City and at the sole risk and expense of the owner the facilities or works mentioned in paragraphs 1, 2, 3, 4, 5, 6 and 7 of clause (a) above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. c) Further, that the owner be required to enter into a site plan agreement with the City dealing with the facilities, works and matters enumerated above. Alderman Janvary questioned whether the size of the property was in fact large enough to accommodate such a proposed development. Mr. Murray Johnston, Director of Buildings and Inspections, informed Council that the proposed commercial building is located within a site plan control area and that it complies with the requirements of the City's Zoning By-Law. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Harrington, Hopkins, Orr, Pay and Puttick. NAYE: Alderman Janvary. CD-88-18 - Chief Administrative Officer - Re: Proposed Plan of Condominiem Subdivision "Forest Glen Estates Condominium", Mr. Anthony DeGiorgio. The report recommends that the City Clerk be authorized to process the application for the "Forest Glen Estates Condominium" Subdivision and that a report be prepared for Councills further consideration of this plan based on technical information received, public input, etc... Mr. Brian Sinclair, Solicitor for the applicant, addressed Council and informed them that the use of the land would be to convert it towards the condominiam concept as there is a need for such condole in Niagara Falls. He also stated that not only would they be an asset to the City, but they would enhance it as well. Alderman Pay, as Chairman of the Greening Committee, advised Mr. Sinclair that the property directly to the north abutting the Creek should not be touched in the course of construction as it might destroy the biological ground. Mr. Sinclair assured Alderman Fay that they would maintain the property and keep the integrity and beauty of the area. He added that since the parking facilities would be underground, more greenery would be maintained. Aiderman Harrington referred to a letter received this evening from Miss Jean Grandoni in which she expressed concerns about the proposed Kalar Road Pumping Station. Aiderman Harrington stated that he was reluctant to vote for any development in the area until the concerns expressed by Miss Grandoni were alleviated. ORDERED on the motion of Aiderman Coville, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Hopkins, Janvary, Orr, Pay and Puttick. NAYE: Aideman Harrington. -6- C-88-07 - Chief Administrative Officer - Re: Lot 20, Falls Industrial Park Extension. The report recommends that Council authorize the sale of Lot 20, Registered Plan M-67, to Jan Majkut and Marlee Majkut, at the purchase price of $37,360.00 subject to the purchasers entering into an Agreement of Purchase and Sale, and that Council enact the By-law to authorize the sale of this lot. ORDERED on the motion of Alderman Pay, seconded by Alderman 3anvary, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest because she is employed by a firm which is associated with this matter; and with all others voting in favour. See By-law No. 88-72. PD-88-47 - Canadians &Americans to Protect the Environment - Re: Environment Week 1988. The report recommends that Council adopt the attached resolution proclaiming May 30th to 3une 4th, 1988 as Environment Week. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and adopted with a copy of the report to be sent to Dr. Chant of the Ministry of the Environment. Carried Unanimously. See Resolution No. 25. PD-88-48 - Canadians &Americans to Protect the Environment - Re: Meeting of the Niagara River Toxics Management Plan Co-ordination Committee. The report recommends that the attached staff report be received and filed for information. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD-88-51 - Chief Administrative Officer ~ Re: Walker Brothers Quarries Ltd., Official Plan Amendment 167, Walker Heights Proposed Subdivision. The report recommends the following: 1) 2) That Regional Council be advised that the City of Niagara Falls supports the request to include the entire holding within the Urban Area Boundary. That the By-law appearing on tonight's agenda requesting the adoption of Off icial Plan Amendment No. 167 be approved. An Alderman asked who would pay for the servicing if the lower lands were to be developed. Mr. Alex Herlovitch, Deputy Director of Planning & Development, advised that the developer would pay. ORDERED on the motion of Alderman Coyills, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-69. PD-88-52 - Chief Administrative Officer - Re: Y.W.C.A. Housing For,lm Recommendations. The report recommends that Council receive and file the report for information purposes. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and filed. Alderman Janvary felt that the information contained in the report was useful and that it should be referred to the Social Justice Committe~. ORDERED on the motion of Alderman Harrington, seconded by Alderman Baker, that Staff write to the Social Assistance Review Board indicating that the levels of social assistance should be re-evaluated in Ontario. The motion was Defeated with the following vote: AYE: Aidemen Baker and Harrtngton. NAYE: AIdermen Campbell, Covtlle, Hopkins, Janvary, Orr, Pay and Puttick. - 7- Alderman Harrington made a motion to refer the matter to begin, in principle, the banking of land for future development to Staff. There was no seconder to the motion. Alderman Hopkins referred to Recommendation #3 in a letter dated March 21st, 1988 from the Y.W.C.A. Social Justice Committee. After a short discussion, a motion was made respecting the matter. It was moved by Alderman Hopkins, seconded by Alderman Coville, that Staff write to the Ontario Social Assistance Review Board and request that the Committee Report being prepared by them be released as soon as possible so that Council can determine if social assistance levels locally are adequate. The motion Carried with the following vote: AYE: Alderman Baker, Campbell, Coyills, Harrington, Hopkins, Janvary, Orr and Pay. NAYE: Aiderman Puttick. ~-88-43 - Chief Administrative Officer - Re: Program of Proposed Expenditures for Highway Improvements for the Year 1988 - Ministry of Transportation and Communications Form MR-A-16. The report recommends that the Program of Proposed Expenditures for Highway Improvements for the year 1988 dated March 28th, 1988 be adopted as presented in the total estimated amount of $5,473,200.00 with an estimated subsidy of $2,506,000.00. ORDERED on the motion of Alderman Orr~ seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 24. ~-88-46 - Chief Administrative Officer - Re: Contract G.C. 2-88 - Underground Services for Charnwood Subdivision - Block "F". The report recommends that the unit prices submitted by the low tenderer, Colaneri Haulage Incorporated, be accepted and this contract be awarded subject to the Plan of Subdivision being registered. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-75. ~-88-47 - Chief Administrative Officer - Re: Easement Agreement for a Private Hydro Service Across City Property. The report recommends that the By-law appearing on tonight's Council agenda be given the necessary readings to authorize the execution of an easement agreement for the above-referenced works. ORDERED on the motion of Alderman Orr, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 88-71. F-88-20 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,332,452.23 for the period ending March 28th, 1988 be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque No. 31594. It was moved by AIderman Campbell, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 88-76. Alderman Curmninga drew to the attention of Council the fact that if a Member of Council is absent from a meeting and a conflict of interest is discovered when he/she returns, the Conflict of Interest Act provides that he/she declare the -8- - 9 - conflict at the following meeting. Alderman Cummings sta ted that he was absent for the Council meeting held on Monday, March 14th, 1988, and discovered that in the Money By-law, Cheque No. 31290 was approved. He declared a conflict of interest as the cheque was made payable to Acres International, his employer, for fire tower investigation. At this point, the Director of Finance, Robert Lewis, introduced six reports which had been considered earlier in the afternoon by the Finance Committee. FC-1988 Parking Budget - (Verbal Report). ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. FC-88-6 - Chief Administrative Officer - Re: 1988 Water Budget, Water Rates and Service Charges. The report recommends that the Finance Committee review and reqon~end to Council the adoption of: 1) The 1988 water distribution budget as presented. 2) The increase in water rates of 9% (5.99% annualized), to be effective June 1st, 1988. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. FC-88-8 - Chief Administrative Officer - Re: 1988-1992 Capital Budget. The report recommends that the Finance Committee review and adopt the attached draft copy of the 1988-1992 capltal budget. ORDERED on the motion of Alderman Harrington, seconded by Aldeman Hopkins, that the report be received and adopted. Carried Unanimously. FC-88-7 - Chief Administrative Officer - Re: Policy and Procedure for Collection of Business Taxes. The report recommends that the Finance Committee review and approve the emended Policy and Procedure for the Collection of Business Taxes and forward it to Council for endorsation. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. FC-88-10 - Chief Administrative Officer - Re: 1987 Tax Roll Adjustment. The report recommends that the Finance Committee examine the attached lists of proposed business tax decreases and recommend to Council that these accounts be deleted from the tax roll. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that, the report be received and adopted. Carried Unanimously. FC-Verbal Report - Re: Collection of taxes through a Bailiff. The report recommends that the Finance Committee approve the use of a Bailiff to collect property taxes for properties three years in arrears. ORDERED on tile motion of Alderman Orr, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. 8-88-05 - Chief Administrative Officer - Re: Restricted Area By-law No. 88-31, AM-4/87 - Niagara River Construction Limited. The report recommends that Council authorize Staff to institute proceedings for a public meeting to consider a By-law to amend By-law No. 88-31 by deleting a crematoriem as a permitted use. ORDERED on the motion of Alderman Pay, seconded by Alderman JanvaryJ that the report be received and adopted. Carried Unanimously. CD-88-19 - Chief Administrative Officer - Re: Repeal of By-law No. 88-36. The report recommends that Council give three readings to the By-law on tonight's agenda, being a by-law to amend By-law No. 7531 to provide for the erection of stop signs at intersections. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 88-70. C-88-06 - Chief Administrative Officer - Re: Filling of Management Positions. The report recommends that Council pass the By-law appearing on tonight's agenda confirming the appointmlent of Mrs. B.L. Munro as Director of Personnel, Mr. E.C. Wagg as Deputy City Clerk, and Mr. Raymond Miller as Purchasing Agent. The said appointments to take effect upon the dates enumerated. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Harrington, Hopkins, Janvary, Orr and Pay. NAYE: Aiderman Puttick. (Opposed to appointment of Deputy City Clerk) See By-law No. 88-77. RESOLUTIONS No. 23 - ORR - COVILLE - RESOLVED that Alderman Patrick Cummings be appointed as Presiding Officer for the City Council Meeting being held on Monday, March 28th, 1988; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 24 ~ BAKER - HAjlRINGTON - RESOLVED that the Program of Proposed Expenditures, for Highway Improvements for the year 1988, dated March 28th, 1988, be adopted as presented in the total estimated amount of $5,473,200.00 with an estimated subsidy of $2,506,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 25 - COVILLE - JANVARY - RESOLVED that the Council of the City of Niagara Falls on the 14th day of March, 1988, agreed that the week including May 30th to June 5th, 1988 be designated as ENVIRONMENT WEEK in the City of Niagara Falls; and WHEREAS the beauty and splendor of our environment are cause for celebration; and WHEREAS Environment Week will emphasize the precious nature of our city, province and country; and WHEREAS Environment Week will increase awareness of the values of conservation and protection; and WHEREAS the environment is local, provincial and national treasure; NOW, THEREFORE, BE IT RESOLVED that by and with the approval of the Council of our City, the week of May 30th to June 5th, 1988 is hereby proclaimed as Environment Week in the City of Niagara Falls. IN TESTIMONY WHEREOF we have caused the signature of our Mayor, His Worship William S. 8meatonJ to be hereunto affixed. Carried Unanimously. - 10 - - 11- No. 26 - ORR - COVILLE - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Frederick Bowyer, who was active in community affairs, and a highly respected member of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-65 - A by-law to authorize the execution of an agreement with Flow-Kleen Technology Ltd. for the hydraulic cleaning of sewers and culverts. (Tabled from March 21st, 1988) No. 88-69 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 88-70 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Repeal By-law 88-36) No. 88-71 - A by-law to authorize the execution of a Transfer of Easement to David Tanfara and Brenda Ann Tanfara. No. 88-72 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. No. 88-73 - A by-law to designate certain land not to be subject to part lot control. (Report PD-88-03, re: AM-2/88, Forest Glen Subdivision, adopted by Council on 3anuary llth, 1988) No. 88-74 - A by-law to authorize an agreement amending a subdivision agreement with Forest Glen Estates (Niagara) Limited respecting Forest Glen Estates Plan of Subdivision. No. 88-75 - A by-law to authorize the execution of an agreement with Colaneri Haulage Inc. for underground services in the Charnwood Subdivision Extension 2 (Block F). No. 88-76 - A by-law to provide monies for general purposes. No. 88-77 - A by-law to provide for the appointmen~ of Municipal Officials. The motion Carried with Alderman Coyills voting contrary on By-law No. 88-65 and abstaining from the vote on By-law No. 88-72 on a conflict of/interest previously recorded in Report No. C-88-07, Alderman Puttick opposed to Item d3 on By-law No. 88-77; and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 88-65 - A by-law to authorize the execution of an agreement with Flow-Kleen Technology Ltd. for the hydraulic cleaning of sewers and culverts. (Tabled from March 21st, 1988) No. 88-69 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. Me. 88-70 - A by-law to amend By-law No. 7531, being a by-law to provide f~r the erection of stop signs at intersections. (Repeal By-law 88-36) No. 88-71 - A by-law to authorize the execution of a Transfer of Easement to · David Tanfats and Brenda Ann Tanfats. No. 88-72 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. No. 88-73 - A by-law to designate certain land not to be subject to part lot control. (Report PD-88-03, re: AM-2/88, Forest Glen Subdivision, adopted by Council on January llth, 1988) No. 88-74 - A by-law to authorize an agreement amending a subdivision agreement with Forest Glen Estates (Niagara) Limited respecting Forest Glen Estates Plan of Subdivision. No. 88-75 - A by-law to authorize the execution of an agreement with Colaneri Haulage Inc. for underground services in the Charnwood Subdivision Extension 2 (Block F). No. 88-76 - A by-law to provide monies for general purposes. No. 88-77 - A by-law to provide for the appointment of Municipal Officials. The motion Carried with Alderman Coville voting contrary on By-law No. 88-65 and abstaining from the vote on By-law No. 88-72 on a conflict of interest previously recorded in Report No. C-88-07, Alderman Puttick opposed to Item ~3 on By-law No. 88-77; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCERN: City of Kitchener By-law Regulating Cats - Alderman Harrington advised Council that he had received a copy of a letter and by-law from the City of Kitchener respecting the regulation of cats and gave them to the City Clerk. Status of the Old Police Building - In response to questions raised by Alderman Hopkins, the Chief Administrative Officer advised Council that both he and the Mayor's office had been endeavoring to contact the owners respecting their plans. Letter of Condolence - ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the Mayor's office send a letter of condolence to the family of the late Mr. Fred Bowyer, who was active in community affairs and a respected member of the community. Carried Unanimously. Letter from Miss Jean Grandoni - It was moved by Aiderman Orr, seconded by Alderman Campbell, that the letter dated March 28th, 1988 received from Miss 3can Grandoni respecting the Kalar Road Pumping Station be received and filed. · Alderman Hopkins suggested that because of the concerns raised by Miss Grandoni, the communication should be referred to Staff to be taken into consideration when future plans of subdivision are being considered in the northwest area of the City. It was moved by Alderman OrrJ seconded by Aideman Puttick, that the meeting adjourn at 9:25 p.m. PRESlDi.a au; i,a' FOURTEENTH MEETING SPECIAL MEETING WITH FINANCE COMMITTEE Committee Room #2 April 11, 1988 Council met on Monday, April llth, 1988 at 6:15 p.m. in a Special Meeting with the Finance Committee. All members of Council, with the exception of Alderman Hinsperger, were present. Alderman Cheesman presided as Chairman. FINANCE COMMITTEE ITEMS Alderman Baker was not in favour of the 1988 budget allotment in the amount of $90,000.00 to the Y.W.C.A., since provision was not made for the "Fit for Life" program. It was noted that the Y.W.C.A. had applied to another level of Government for a $25,000.00 grant to fund the aforementioned program, however, Alderman Baker was concerned that the Y.W.C.A. may have to return to the City for funding if the request is denied. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville~ that Council approve a 1988 budget allotment of $90,000.00 for the Y.W.C.A. The motion Carried with the following vote: AYE: Mayor Smeaton and Aldermen Campbell, Coville, Cummings, Harrington, Hopkins, Janvary, Orr, Pay and Puttick. NAYE: Alderman Baker. KII~SBRIDGE 'x'm~ATRE-ON-THE-SQUARE: mane~.qp~ ~ declared a conflict of interest because he is involved with the organization..,i~ ~ ,. , ORDERED on the motion of Alderman Puttick, seconded by Mayor Smeaton, that an additional $60,000.00 be included in the mortgage of the Kingsbridge Theatre- on-the-Square, and financial assistance in the amount of $15,000.00 for maintenance and repairs to the building. It was further recommended that the funds would be made available when needed, and the Theatre would provide Council with periodic financial reports of their operations, and further, that a member of Council would participate on the Board of Directors. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded; and with the following vote: AYE: NAYE| Mayor Smeaton and Aldermen Baker, Campbell, Caville, Cummings, Janvary and Puttick. Aldermen Harrington, Orr and Pay. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that Alderman Baker be appointed as Council's representative on the Board of Directors of the Kingsbridge Theatre-on-the-Square. Carried Unanimously. 1988 OPE~TING BBDGET: FC-88-13 - Chief Adsinistrative Officer - Re: 1988 Operating Budget. The report recommends that the 1988 Operating Budget revenues and expenditures as set out iu Schedules 1 and 2 attached, be adopted. The Revenues and Expenditures on the 1988 Operating Budget were amended as follows: 1) Expenditure of $50,000.00 for possible future improvements of the Lundy's Lane Historical Museum; 2) An additional $6s000.00 for a grant to the Y.W.C.A.; 3) A grant in the amount of $15,000.00 to Kingsbridge Theatre-on-the-Square. Alderman Orr declared a conflict of interest regarding the Unemployed Help Centre because of a business interest. -2- Alderman Campbell declared a conflict of interest regarding a grant to the Y.M.C.A. because he has a business interest. Alderman Pay declared a conflict of interest regarding a grant to the Niagara Falls Curling Club because he is a member. ORDERED on the motion of Alderman Puttick, seconded by Mayor Smeaton, that the 1988 Operating Budget be approved including the aforementioned amendments. The motion Carried with Aldermen Campbell, Hopkins, Orr and Pay abstaining from the vote on conflicts of interest previously recorded; Alderman Baker voting contrary with respect to financial assistance to the Visitor & Convention Bureau, the Unemployed Help Centre, and Y.W.C.A.; Alderman Orr voting contrary regarding the Holy Family Boys' Youth Centre and the St. John's Heritage Foundation; Aldermen Herrington, Orr and Pay voting contrary regarding financial assistance to the Kingsbridge Theatre-on-the-Square; and with all others voting in favour. It was moved by Alderman Baker, seconded by Alderman Pay, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ./.~ITY CLERK FIFTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 April 11, 1988 Council met on Monday, April llth, 1988 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hinsperger, were present. Alderman Cummings presided as Chairman. Following consideration of the arose without reporting. the Committee of the Whole READ AND AD PTED, MEETING MAYOR S. SMEATON Council Chambers April 11, 1988 Council met on Monday, April llth, 1988 at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the meetlug held March 28th, 1988, be adopted as printed. Carried Unanimously. DEPUTATION ALINE & ELPH]~E ARSI~qEAU - Mr. and Mrs. Elphege Arseneau were granted permission to address Council regarding a claim, made by Mr. Arseneau, that Mrs. Arseneau had fallen and injured herself on the sidewalk in front of the premises known as 6551Dunn Street on March 31st, 1986. Mrs. Arseneau discussed the above mentioned Incident, her injuries and stay in hospital, as well as expenses in the amount of $2,000.00 including legal costs. She stated that the claim had been made by her husband to the City within 24 hours of the accident; referred to visits to her home by the Insurance Adjuster for the City, end his remark that they would take care of the matter. Mrs. Arseneau advised Council of the subsequent Court Hearing and the Judgment that the three months time limitation period had expired. The Chief Administrative Officer and City Solicitor provided further information regarding the incident, the procedure to be followed, and the position of the City in the matter. Alderman Pay advised Mr. and Mrs. Arseneau that the City does not have any Jurisdiction in this matter and provided information regarding actions they might follow. REPORTS - PLANNING MATTERS FD-88-56 - Chimf Adainistrativ~Officer - Re: Zoning Amendment Application AH-16/88; F. Lupia, 6788 Thorold Stone Road (Avondale and LaFontana Restaurant & Pizzeria). The report recommends the following: That Council cupport the proposed rezonfng of the subject lands permitting a · building addition, enlarging the restaurant use and recognizing the balance of the lands for parking purposes only, as detailed fn Report PD-88-53; 2 2) That parking be eliminated from along the rear property ltne and the southwestern corner of the property and replaced with a landscaping buffer; 3) That Staff be directed to prepare the necessary zoning by-law amendment, limiting the use of the subject lands for a restaurant addition and parking, to recognize the existing rear yard setback of 9.6 mettea (31.5 ft.) and to increase the maximum permitted floor area per use to 363 square mettea (3,907 sq. ft.) for the restaurant use only; 4) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 5) That the lands be placed under Site Plan Control to ensure the provision and ~. ~aintenan~e of fencing, buffering and other like matters; 6) %T~at t~e app~icant and Regional Municipality of Niagara be advised a erdi gl . '~ - AND - Cosmunication No. 104A - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-16/88, Restaurant Expansion, Thorold Stone Road, west of Confederation Avenue. The communication advises that the Regional Planning Staff are not opposed to the proposed rezoning. - AND - Co~unication No. 104B - Nicholas Minor, Solicitor - Re: Zoning Amendment Application AM-16/88. The communication expresses opposition to the application on behalf of Settimio Neapera of 6759 Crawford Street, and requests permission to address Council. His Worship Mayor Smeaton declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. Alderman Baker declared a conflict of interest because he has a business interest in the Avondale Store. The Clerk advised that the Notices of the Public Meeting were forwarded on March llth, 1988; and that the subject lands were iotated on the south side of Thorold Stone Road, 53.3 mettea west of Confederation Avenue. He stated that the applicant, Fiore Lupia, was requesting a zoning by-law amendment in order to permit construction of an addition onto the easterly side of the existing building for the specific purpose of enlarging the restaurant use, and to provide the additional required parking on lands to the east. His Worship Mayor Smeaton stated that Mr. Guy Ungaro, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands from persons in favour of or opposed to the applica- tion. Mayor Smeaton asked that all persons wishing to receive further notice, regarding 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 explained the purpose and reason for the application by reviewing the following information contained in the Technical Report: Development Proposal; 0fficial Plan; Zoning By-law Amendment; Surround- ing Land Use; Comments Prom Public Notification Process; Planning Review; and Site Plan Review. He reviewed the recommendations in Report No. PD-88-56, and responded to questions raised regarding proposed parking as well as the location and containment of the dumpster, stating that this item will be included in the site planning process. Mr. Nicholas Minov, Solicitor, addressed Council on behalf of his client, Settimio Neapera, who lives directly behind the proposed expansion of the existing building. Mr. Minor referred to the need for appropriate fencing and landscaping of the subject lands; the negative impact, on his client, 'of pizza deliveries through the rear entrance of the building; the noise from the ventilating equipment, vehicles and people in the night; and suggested that the pizza business "ought not to he continued since it is a restaurant, not a take- out and delivery of pizza". He stated that the expansion of the restaurant business would have a detrimental affect on the value of.Mr. Nespeca's property; and discussed the fence owned by his client being damaged by snow being pushed against it during the winter months. Mr. Minov suggested that other concerns, such as lights from the parking lot, could be addressed through the site plan, and requested that the pizza deliveries be made through the front entranceway. The Deputy Director of Buildings & Inspections responded to questions raised regarding the restaurant use, and stated that the pizza business would permit deliveries. Mr. Frank Kostelac, 6743 Crawford Street, submitted questions regarding the entrance to the subject lands, and expressed opposition to the delivery of pizzas from the rear of the property. Mr. Guy Ungaro, Solicitor for the applicant, discussed actions taken by Mr. Lupia with respect to the subject lands; the operation of the family restaurant, the need for expansion, and the benefits of expansion to the community and the adjoining land owners. He referred to the lighting and fencing being subject to the site plan agreement, and the applicant's desire to cooperate in a site plan agreement that was practical and a good business practice. Mr. Ungaro discussed the proximity of the rear entrance door to the kitchen, and the proposed teloration of the kitchen and ventilation system to the front of the building. He advised that if possible, the pizza delivery service would be relocated immediately, to accommodate the concerned residents; and if Council made this a condition of approval it would have to be accommodated. He suggested that the location of the delivery service be included in the site plan agreement. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. He stated that the residents would be invited to participate in the site plan meetings, and asked that they submit their names and addresses to the Clerk. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Baker abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. PD-88-58 - Chief Administrative Officer - Re: AM-15/88 Niagara Fails Firefighters Club, 6025 Dixon Street and 6493 Orchard Avenue. The report recommends the following: 1) 2) That Council support the proposed rezoning of the subject lands, maintaining the Residential zoning (R1E) whiie appropriately recognizing the Niagara Falls Firefighters Club as a permitted use and permitting additional lands to be added and used for parking purposes only; That the surface treatment of the proposed parking lot and concerns regarding storm sewers be addressed to the satisfaction of the City's Engineering Department; 3) 4) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; That the lands be placed under Site Plan Control in order to address such matters as the provision of landscaping between the parking area, the street line and the abutting residential properties and the erection of appropriate fencing around the perimeter of the property to provide buffering to the abutting residential properties; 5) That the applicant and Regional Municipality of Niagara be advised accordingly. - AND - Cos~unication No. IO~A - Petitinn of Mrs. Elizabeth Nebeluk end 22 Others - Re-* Property located at 6025 Dixon Street, AM-15/88. The petition expresses opposition because the purpose of the club has changed from a recreational facility for fireman to a public tavern with vehicles being parked illegally throughout the surrounding area. -4- - AND - Communication No. I05B - Mr. Ken Watson for Petitioners - Re: A~-15/88 Niagara Falls Firefighters Recreational Association. The communication expresses opposition to the recreational facility being utilized as a "profit-making business initially funded by taxpayers operating in a residential neighbourhood". - AND - Cosmunication No, 105C - Garnet P, Diamond & Hazy Ro Diamond - Re: Zoning Amendment Application AM-15/88. The communication requests further information regarding the facility, expresses concerns regarding the present use of the club as well as noise and traffic congestion; and requests retention of RIE zoning; parking being restricted to parking areas and a rear exit to the proposed parking lot; and the installation of a large garbage dumpster at the rear of the building. HIs Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure, as in the preceding application, would be followed. The Clerk advised that the property was located on the northwest corner of Dixon Street and Orchard Avenue; that the applicant proposes to amend the Zoning By-law in order to have the existing Club appropriately recognized and permit ~ddittonal lands to be added and used for parking; and that the Notices of the Public Meeting were forwarded on March llth, 1988. He further advised that a petition signed by 8 residents of the subject area who were in favour of the Club, had been received this evening. Alderman Pay declared a conflict of interest because his daughter is a member of the Club. Alderman Campbell declared a conflict of interest because he has a membership in the organization. His Worship Mayor Smeaton noted that Mr. Peter Cotfield, President of the Niagara Falls Firefighters Club, and other members were in attendance. A positive response was received to Mayor Smeaton's request for a show of hands from persons in favour of or opposed to the application. He asked that all persons wishing to receive further notice of the 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 contained in the Technical Report: Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments From Public Notification Process; Planning Review; and Site Plan Review. He advised that the Planning Department was in support of the proposed rezoning of the subject lands, and reviewed the recom- mendations in Report No. PD-88-58. Mr. and Mrs. Garnet Diamond, 6530 Orchard Avenue, were in attendance. They referred to the concerns expressed in Communication No. 105C, and spoke "in . favour of this application with reservations". Mr. Diamond expressed the view that the expanded parking would improve the traffic problems in the area. He referred to the facility being open to 3:00 a.m. with accompanying noise. Mrs. Elvira Lucas, addressed Council on behalf of her mother, Mrs. Helen Balint, 6492 Orchard Avenue. She expressed the opinion that the expanded park- ing space would "move or spread the problem". She referred to the original reason for the Club facilities, and the stress placed on neighbouts in the vicinity because of the traffic problems and activities at the Club. Mrs. Diane Betkern, 5967 Dixon Streets expressed concerns regarding the Club's uses, traffic problemss limited parking space in the proposed expansions drinking at the clubs language, suggested that the Club purchase another parcel for parking, and proposed an entrance to the parking lot from Orchard Avenue. Mr. Ken Watson, 5853 Dixon Street, suggested that rental of adjacent land from Ontario Hydro might improve the parking problems. A discussion was held regarding the Committee of Adjustment Decision in March 1981, which was subject to the conditions outlined in the Technical Report, some of which have not been adhered to, nor enforced. -5- Mr. Peter Cotfield, President of the Club, discussed contacts made with the neighbouts prior to the Club opening as well as efforts made by the Association members to establish and maintain good relationships. He discussed the cost of renovations to the building, as well as the cost of new workout equipment, and activities and facilities available to members. He advised that membership is by the sponsorship of a firefighter only. Mr. Cotfield discussed the dumpster having been used by some of the neighbouts, and the proposed expansion to relieve the parking problems. He expressed disagreement with the conditions contained in the Decision of the Committee of Adjustment, stated that the Club was chartered by the Province of Ontario, that a responsible person is on duty from 7:30 a.m., and a member lives on the premises; that the Club facilities are used by the membership, as well as a Provincial election polling station, Y.M.C.A. purposes and other community causes. Mr. Corfield stated that there had never been a community dance, or bingo in the Club. Following further discussion regarding the conditions set down by the Committee of Adjustment, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Campbell and Pay abstaining from the vote on conflicts of interest previously recorded; and with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Harrington, Hopkins, Janvary and Puttick. NAYE: Alderman Orr. PD-88-59 - Chief Ad~nistrative Officer - Re: AM-12/88 Pinewood Homes (Niagara) Limited; A. & C. Arcaro and J. & M. Colaneri, Thorold Stone Road west- of Montrose Road. The report recommends the following: 1) 2) 3) 4) That Council support the proposed rezonfng of the subject lands permitting the construction of two apartment buildings containing a total of 30 dwelling units and permitting one of the buildings to provide a setback of 30.02 metres (98.49 ft.) from the centre line of Thorold Stone Road; That all surfaces, with the exception of the building, be of either a permeable surface or utilize engineering techniques to the satisfaction of the City's Engineering Department and Provincial guidelines to ensure that the principles of the Shriner's Creek Environmental Impact Study respecting storm/recharge management are maintained; That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; That the lands be placed under Site Plan Control in order to address such matters as the landscaping, buffering, fencing, lighting~ surface treatment, etc.; 5) That the applicant and Regional Municipality of Niagara be advised accordingly. -AND - Cosaunication No. I06A - Regional Niagara Planning & Developsent Department - Re: Preliminary Application AM-12/88; Proposed 30 Unit Apartment; Thorold Stone Road, west of Montrose Road. The communication advises that the Regional Planning Staff have no objection to the proposed rezoning. - AND - Cogitation No. 106B - Regional Niagara Public Works Depart,cut - Re: Zoning By-law Amendment AM-12/88 Forest Hill Condominium, Niagara Road 57 (Thorold Stone Road). The communication advises that the Public Works Staff has no objection to the construction of two apartment buildings with a total of 30 units on the subject property, requests the submission of a site servicing plan, a redesign of the entrance onto Niagara Road 57, that the applicant assume the cost for the installation of a culvert by Regional forces, and that the necessary entrance and utility permits are completed by Mr. Brian Sullivan of the Regional Public Works Department prior to construction. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure as in the previous applications under the Planning Act, 1983, would be followed. -6- The Clerk advised that the property was a vacant parcel of land located on the north side of Thorold Stone Road, approximately 275 metres west of Moatrose Road; that the applicant was requesting an amendment to By-law 79-200 to permit the construction of two apartment buildings containing a total of 30 dwelling units; and stated that the Notices of the Public Meeting were mailed on March llth, 1988. His Worship Mayor Smeaton noted that Ms. Helen Dykstra was in attendance on behalf of the applicants, and received a negative response to his request for a show of hands by persons present fn favour of or opposed to the application. Mayor Smeaton asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments From Public Notification Process; Planning Review; and Site Plan Review. There was a negative response to Mayor Smeaton's request for comments from persons present, other than the applicant, in fayour of the application. Ms. Dykstra stated that she had no comments to add to the information contained in the reports from the Planning Department. Alderman Pay, Chairman of the Greening Committee, expressed concern that during the excavation of the foundations, the soil not be placed in the Shriner's Creek area, that no heavy equipment be on the Shriner's Creek lands, discussed fencing, and requested that the Shriner's Creek lands remain as "untouched as possible". Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Herrington, Hopkins, Orr, Pay and Puttick. Alderman Janvary. REGULAR MEETING UNFINISHED BUSINESS SUNDAY RETAIL HOURS - CosmunieationEo. 107 - Ms. Joan Smith, Solicitor General - Re: Sunday Retail Hours. The communication expresses the views of the Provincial Government in preparing to give Municipalities the freedom to decide Sunday retail hours. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Campbelle that the communication be received and filed. Carried Unanimously. FROPOSED VISIT BY THE CHINESE S~DY TOUR - Communication Eo. I08A - Niagara Canada, Niagara ReginaDevelopment Corporation - Re~ Chinese Study Tour - April 29th to May 2nd, 1988. The communication comments generally on the proposed visit, and Chinese investment opportunities. - AND - communication go. 1088 (IIAEDO~T) - Niagsrs Fells, Canada, Visitor & Convention Bureau. The communication states that Ottawa has been advised that the Chinese Study Tour delegation will be met by the Bureau, for a discussion of touriBm and a luncheon. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Orrs that the communications be received and filed. Carried Unanimously, PAUL AVENUE WATER PROBLEM- Report No. MW-88-56 - Chief Administrative Officer - Re: St. Paul Aveuue Water Problem. The report recommends the following: 1) That Staff be directed to thoroughly investigate the possibility of using existing legislation (Federal, Provincial or local) to have the internal plumbing of the Claydon and Pine residences upgraded; 2) That Federal authorities be invited to investigate this problem; and 3) That the City absorb the cost of supplying bottled water to the Claydon and Pine residences for a further one-month period. Mr. Wayne Pine, 2789 St. Paul Avenue; and Mr. G. DeAngalls, 2723 St. Paul Avenue, discussed their concerns regarding the continuing problem with water pollution in the area. Mr. Pine reviewed a report, dated April 10th, 1988, from the Doctor who examined his son for a skin rash. He advised that 5 homes were having problems with water contamination, which "appears to be of a mineral oil type of substance". Mr. DeAngelis stated that similar problems are being encountered in his new home. The Maintenance & Operations Engineer advised Council of actions taken with respect to water samples, the bacterial content and residual chlorine found in the samples, advised of the continued monitoring of the water by the Health Department, the Buildings & Inspections Department and the Municipal Service Centre, ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. COmmUNICATIONS No. 109 - Federation of Canadian Municipalities (FC~) - Re: FCM's Municipal Race Relations Program. The communication provides information regarding the aforementioned Program to help implement the FCM's Policy Statement entitled, "Improving Race Relations in Canedian Municipalities", and "encourages all Municipalities to meet the challenge and opportunity of promoting better race relations in Canada." ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the communication be received and filed, and further, that a copy be forwarded to the Social Planning Council for comments. Carried Unanimously. No. 110 - Federation of Canadian Municipalities (FCH) - Re: Intergovernmental Conference on Infrastructure. The communication requests the participation of Municipalities and the support of Presidents of all Provincial/ Territorial Municipal Associations; and attaches a sample text with the request that copies of any letters forwarded by the Municipality, be sent to the FCM office. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Baker, that Mayor Smeaton draft a reply to be submitted at the next meeting of Council for approval. Car=ted Unanimously. No. Ill - Regional Niagara Public Works Deportment - Re: Water/Sewage Flows Monthly Report for February 1988. The communication attaches tile aforementioned Report DEP-2261. ORDERED on the motion of Alderman Herrington, seconded by Alderman Campbell, that the communication be received and referred to the Municipal Works Committee for comments. Carried Unanimously. No. 112 - TheNiagara District Chiropractic Society - Re: Proclamation. The communication asks Council to proclaim the week of May let to 7th, 1988, as "Spinal Health Week". Alderman Orr declared a conflict of interest because a member of her family has a business interest. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved subject to established policy. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recordedJ and with ell others voting in favour, -8- To. 113 - ~ourt of Canadian Citizenship, Department of Secretary of State - Re: proclamation. The communication requests that Council proclaim the week of April 17th to 23rd, 1988, as "Citizenship Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. To, 114 - Tieguru Women In Crisis - Re: "Book Riot". The communication requests permission to hang a banner across Stanley Avenue to advertise the holding of a "Book Riot" at the Skylos Tower from May lath to 23rd, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved subject to the approval of the Regional Municipality of Niagara and the Niagara Falls Hydro Commission. Carried Unanimously. No. 115 - Stamford Centre Volunteer Fireman' s Association- Re: Annual Carnival - June 15th to 18th, 1988. The communication requests permission to operate the Carnival and to bring in the L.E. Smith Rides and Concessions. Alderman Cummings declared a conflict of interest because he is a member of the Association. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrfngton, that the requests be approved. The motlon Cartled with Alderman Cummings abstaining from the vote on a conflict of inter~ previously recorded; and with all others voting in favour. To. 116 - Tiagara Region Review Co--ission - Re: Concerns. The communication requests the submission of concerns with respect to the "Review of Niagara Region" from the City of Niagara Falls by mid-May. It was noted that if members of Council have comments or concerns, these should be forwarded to Mr. Kitchen by mid-May. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covilles that the communication be received and filed. Carried Unanimously. No. 117 - Association of Municipalities of Ontario (AM0) - Re: Large Urban Annual Meeting - June 15th to l?th, 1988s Novotel Hotel, City of North York. The communication invites Mayor Smeaton to attend the Conference. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and the invitation approved. Cartled Unanimously. No. 118 - Ministry of Municipal Affairs - Re: Proclamation. The communication asks Council to proclaim the week of April llth to 16th, 1988 as "Local Government Week". ~ Alderman Janvary advised that letters would be forwarded to the schools in the area with the request that they study local government. She further advised that visitors to City Hall were always welcome. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pays that the request be approved. Carried Unanimously. REPORTS Mg-88-~8 - Chief Adsinistrative Officer - Re: 1988 New Equipment Purchase of City Vehicles. The report recommends that subject to the approval of CouneiX of the 1988 City spending estimates, it is recommended that Staff be authorized to purchase the various pieces of equipment described in Appendix "A" from the bidders outlined, having a total value of $838J33.54. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrlngtons the report be received and adopted. Carried Unanimously. 'See Resolution No. 27. 9 F-88-21 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,417,877.32 for the period ending April llth, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 31868 because the organization is a client. Alderman Hopkins declared a conflict of interest on Cheque No. 31830 because he is the payee. Additional information was provided on Cheque Nos. 31680, 31778, 31880, 31882, and 31836. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Campbell and Hopkins abstaining from the vote on Cheque Nos. 31868 and 31830 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See BT-law No. 88-80. F-88-22 - Fima~ce Committee - Re: Finance Committee, March 28, 1988 Meeting. The report recommends that Council endorse the Committee's action to deny financial assistance for the Niagara Regional Senior Games Committee. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. Greeting Committee - Re: Flower Garden at Highway No. 420 & Stanley Avenue. The report recommends that the Council authorize Municipal participation in a joint project with the Niagara Parks Commission to develop a raised flower garden at the southeast intersection of Highway 420 and Stanley Avenue, at a Municipal cost of approximately $3,000.00, and further, that Staff be authorized to prepare and submit an Application for Encroachment Permit to the Ministry of Transportation of Ontario. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. PD-88-54 (IMT) - Grewning Committee - Re: Arbour Day - Friday, April 29s 1988. The report recommends the following: i) That Council proclaim Friday, April 29, 1988 as Arbour Day in the City of Niagara Falls; 2) That the attached letter be sent to the Honourable V. Kerrto, encouraging him to brlng Bill 161 (Arbour Day Act) through the legislature; and 3) That Council encourage participation by schools, organizations and the public in Arbour Day activities. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 28. (~)-88-20 - Chief Administrative Officer - Re: Smoking Control By-law. The report recommends that the contents of this report be noted and that it be received and filed. ORDERED on the motion of Alderman Cummingss seconded by Alderman Covllle~ that the report be received and adopted. Carried Unanimously.. S-88-06 - Chief Administrative Officer - Re: Walkway 73(2) between Kuhn Crescent Nestsfly and Jones Street Road Allowance. The report recommends that Council reaffirm its preliminary approval to the closing and sale of the above walkway and that Staff be authorized to proceed in accordance with the procedure and assumption of costs previously approved by Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings~ that the report be received and adopted. Carried Unanimously.. - 10 - p~-88-14 (HANDOUT) - Chief Administrative Officer - Re: Participation in Conferences~ Conventions and Seminars, 1988. The report, which was approved earlier this evening at the Finance Committee, recommends that Council approve the attached schedule relating to the participation iu Conferences, Conventions and Seminars for the current year. The schedule, iu the amount of $35,972.00 will cover the participation of Members of Council, representatives of the Recreation Commission, Committee of Adjustment and Municipal Staff. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesmau, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Hopkins, Janvary, Orr and Puttick. NAYE: Aldermen Cummings, Herrington and Pay. FC-88-15 (HANDOUT) - Chief Admi~strative Officer - Re: Western University's Diploma Program in Public Administration. The report, which was approved earlier this evening at the Finance Committee, recommends the following: 1) That the Director of Planning & Development be authorized to attend Western University's Diploma Program in Public Administration, commencing May 9 through June 17, 1988; 2) That the $3,400.00 fee for the program be derived from the Planning Department's 1988 budget. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbelt~ that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Covtlle, Cummings, Harrington, Hopkins, Janvary and Pay. NAYE: Aldermen Orr and Puttick. RESOLUTIONS No. 27 - C~ISGS - BA!~INGTON - RESOLVED that, subject to the approval of Council of the 1988 City spending estimates, the unit prices submitted for the 1988 new equipment purchase of City Vehicles be accepted as per the attached summary, at the low tendered amount totalling $838,733.54; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 28 - PAY - OFa - RESOLVED that the Council of the City of Niagara Falls, on the eleventh day of April 1988, agreed that Friday, April 29th, 1988 be designated as Arbour Day in the City of Niagara Falls; and WHEREAS the City of Niagara Palls encourages the beautification of the City by the use of trees; and WHEREAS Arbour Day will stimulate interest in and knowledge of trees; and WHEREAS Arbour Day will enhance the appreciation of the beauty and use of trees; and WHEREAS the City of Niagara Falls encourages the planting, preservation and conservation of trees; NOt] THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City, the day of April 29, 1988 is hereby proclaimed as Arbour Day in the City of Niagara Falls; AND the Seal of the Corporaton be hereto affixed. Carried Unanimously. - 11 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-law be now read a third time: No. 87-251 - A by-law to authorize the reconstruction of Palmer Avenue from Jepson Street to Victoria Avenue. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-78 - A by-law to amend By-law No. 79-200, as amended. (AM-42/87, 527786 Ontario Limited, Mountaingate Estates Subdivision; Report PD-88-09 approved by Council January 11, 1988). No. 88-79 - A by-law to authorize a subdivision agreement with Group 2 Development Limited respecting Hillsdale Estates Plan of Subdivision. No. 88-80 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Hopkfns abstaining from the vote on By-law No.'T~0, on conflicts of interest previously recorded in Report No. F-88-21; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covtlle, that the following by-laws be now read a second and third time: No. 88-78 - A by-law to amend By-law No. 79-200, as amended. No. 88-79 - A by-law to authorize a subdivision agreement with Group 2 Development Limtted respecting Hillsdale Estates Plan of Subdivision. No. 88-80 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Hopkins abstaining from the vote on By-law No. 88-80, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS IT~ OF Committee of'Adjustment Decisions & Conditions - ORDERED on the motion of Alderman Cheesmen, seconded by Alderman Orr, that Staff be directed to monitor Committee of Adjustment Decisions, and when necessary, prepare agreements to include conditions set down by the Committee of Adjustment. Carried Unanimously. " IT1M OF i!rrt~x-cT: Reception for Nancy Gee - His Worship Mayor Smeaton referred to the Handout Invitation to attend a Public Reception honourtng Nancy Gee~ Niagara's Member of The Canadian Olympic Ski Team~ on Thursday~ April 14th, 1988, at 8:00 p.m. in Niagara Square. ***** It was moved by Alderman Cummings, seconded by Alderman Puttick, that the SIXTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 18, 1988 Council met on Monday, April lath, 1988 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Puttick, were preseRt. Alderman Coville presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. REGULAR MEETING Council Chambers April 18, 1988 Council met on Monday, April lath, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of AIderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ONE MINUTE'S SILENCE A period of one minute's silence was held in memory of the late Mr. Donald Edward Dilte, s former Alderman with the City of Niagara Falls, who passed away on Friday, April 15th, 1988. WELCOME DIRECTOR OF PERSONNEL- His Worship Mayor Smeaton welcomed to the meeting, and Introduced the new Direator of Personnel for the City of Niagara Falls, Mrs. Betty Lou Munro. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the meeting held April llth, 1988, be adopted as printed. Carried Unanimously. DEPUTATIONS I~IlP. D RAIL PRODUCTIONS - FILM ~fEITLED "THE FALLS" - Communication No. II9A - Maggie Craig, Niagara Falls Location Manager, Thin Rail Productions - Re: Film Entitled "The Falls". The communication requests permission to film in Niagara Falls for one week in early June, 1988, at the Rainbow and Whirlpool Rapids Bridges, Clifton Hill and the parklandss - AND - Cossunicatioa go. II9B - Don Boeths producers ThiN Rail Productions - Re: Filming "The Falls" in Niagara Falls. The communication encloses a letter to Mayor Smeaton requesting permission to photograph portions of "The Falls" in Niagara Falls, and advising that the schedule has been revised to film in September. - 2- Mr. Booth, Producer, advised Council that the Company was working out of Toronto on the above mentioned film which will be shown throughout the world, that the script was under revision and would not be available for circulation for another month. He provided a brief outline of the plot and stated that it wns "somewhat of a chiller". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communications be received and the matter referred to Staff to review the script and submit comments to Council. Carried Unanimously. FACADE INPROVEN!~Fr PLAN - 1) PD-88-62 - Chief Adminintretive Officer - Re: Downtown Niagara Falls Facade ImproVement Plan and Revitali~atton Strategy Study (File ST-87)· The report recommends the following: Th '~"""~' ~ ~'~ .... at Council adopt the Facade Improvement Plan and Revitaltzation Strategy as recommended by the Downtown Board of Management; That the Ministry of Municipal Affairs be apprised of Council's satisfaction with the Study project, and that the final insraiment be requested from the Province; 3) ' That Staff be directed to proceed to implement the Study of recommendations regarding the finalization and adoption of a Secondary Plan. Mr. Jack Bell, Chairman, and Mrs. Margaret Nagy, Coordinator, Downtown Board of Management; Mr. Juris E. Berzins, Study Director; Mr. Peter Leadew, Architect; Mr. Chuck Antonio, General Consultant, and other interested residents were in attendance. Mr. Tom Gutfreund, Planner with the Community Planning Advisory Branch; and Mr. Peter Jankowsky~ Planner with the Research and Special Projects Branch, ware in attendance on behalf of the Minisit7 of Municipal Affairs. Renewals benefits project. Gutfreund discussed the working relationship between the Community Branch of the Ministry and City Staff with respect to the Study; the to the citizens; and the Ministry's satisfaction with this "bench mark" His Worship Mayor Smeaton extended appreciation to the representatives of the Ministry of Municipal Affairs for their assistance, and welcomed them to the Council meeting. He expressed appreciation to all those who had participated in the downtown improvement project. Mr. Jack Bell reviewed the involvement of businesses, and stated that '*this is the most expensive and extensive Facade Study that has been carried out in Ontario to date". He replied to questions raised regarding the participation of absentee landlords. Mr. Juris Berzins provided a brief overview of the Revitalization Strategy, Downtown Improvement Concept, Design Guidelines and Recommendations of the Study~ with the assistance of posted illustrations. He responded to questions raised regarding the proposed parking facilities in the backyard areas with the addition of signs and extensive lighting; discussed encouragement of landowner participation, as welX as encouraging downtown shopping for residents and tourists, and incentives for utilization of the "free zone" ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report and Study be received and adopted. Carried Unanimously. UNFINISHED BUSINESS SEWAGE OVEIFLOWS TO $HRINER'S CREEK OR ITS TRIBUTARIES - CossuniutioaNo. 120 - Regional Niagara Public Works Departs~nt - Re: Sewage Overflows. The communication responds to concerns regarding the sewage overflows to Shriner's Creek or its tributaries, and stated that the upcoming Niagara Falls pollution control planning study will identify the optimum alternative. L 3 ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the communication be received and filed, snd further, that a copy be forwarded to the Grandoni family. Carried Unanimously. FFA}ERATION OF CANADIAN MUNICIPALITIES (FCN) - Communication No. 110 - F(]!- Re: Intergovernmental Conference on Infrastructure. (TABLED FROM APRIL 11, 1988). The communication requests the participation of Municipalities and of Presidents of all Provincial/Territorial Municipal Associations; and attaches a sample text with the request that copies of any letters forwarded by the Municipality, ba sent to the FCM office. As recommended by Council, Mayor Smeaton submitted a communication to the Prime Minister of Canada, appealing to the Federal Government of Canada to hear the request of the Federation of Canadian Municipalities for the establishment of a constructive dialogue between the Government of Ottawa, the ten Provinces and all Municipalities regarding past, present and future Municipal infrastructure concerns. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication to the Prime Minister of Canada be approved. Carried Unanimously. COMMUNICATIONS No. 121 - Gwen Discepolo, Chairperson, Recycling Week 1988 - Re: Recycling Week Program. The communication advises that the week of November 14th to 21st, 1988 has been scheduled as Recycling Week, and requests that the Recycling Week office be contacted to discuss ways to involve the community in waste recycling. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and referred to Staff. Carried Unanimously. No. 122 - The Niagara Falls & District Labour Council - Re: Proclamation. The communication asks permission to address Council regarding the request that Council proclaim April 28th, 1988 as an annual "Day of Mourning" in recognition of workers killed, injured or disabled on the Job. Mr. Ktm Gary Crattor, President, Niagara Falls & District Labour Council, asked that Council proclaim April 28th, 1988 as annual "Day of lfourning" for this year and in future years; that the flags at City Hall be lowered to half-mast on April 28th; that one minute's silence be observed at the Council Meeting on the week of April 28th; and that Municipal Employees have the right to observe one minute's silence on April 28th. Mr. Craitor discussed the newspaper articles attached to the communication, with respect to workers killed and/or injured on the Job; and cited statistical data with regard to this COncern, ORDERED on ~he motion of Alderman Cummings~ seconded by Alderman Coville, thet April 28th~ 1988, for this year only, be proclaimed "Day o£ Mourning" subject to established policy; that the £1ags at City Hall be lowered to half-mast on April 28th; that one mtnute~s silence be observed at the City Council meeting on the week of April 28th; and the Lebour Council be apprised of Council~s approval. It was further recommended that Municipal employees may observe one minute'e silence on April 28th, 1988 if they so desire. The motion Carried with the follouing vote= AYE: Aldermen Baker, Coville, Cummings, Harrington~ Hinsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Campbell, Cheesman and err. No. 121 - The CansdianHearin~ Society - Re: Proclamation. The communication asks Council to proclaim the month of May, 1988, as "Speech and Hearing Awareness Month". ORDERED on the motion of Alderman Cummtngs~ seconded by Alderman Coville, that the request be approved subject to established policy. Carried Unanimously, No. 12& - The Opt;slat Club - Re: Proclamation· The communication requests that Council proolaim the week of May 1st to 7th~ 1988, as "Respect for Law Week", -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved subject to established policy. Carried Unanimously. No. 125 - Volunteer Bureau - Re: Proclamation. The communication requests that Council proclaim the week of April 17th to 23rd, 1988, as 'Volunteer Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved subject to established policy. Carried Unanimously. No. 126 - Chippawn Volunteer Firefighters Association- Re: Niagara District Firefighters Convention - June 25th, 1988. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved subject to the approval of other authorities. Carried Unanimously. No. 127 - John Tennier, Bar Chairman, Pro Hockey SIc-Pitch Committee - Re: Pro Hockey SIc-Pitch Tournament - June 23rd to 26th, 1988, Niagara Falls Memorial Arena. The communication requests a Special Occasion Permit for the event. ORDERkD on the motion of Alderman Cummings, seconded by Alderman Covtlle, that Council indicate it has no objection to the issuance of a special occasion permit to the Pro Hockey Sic-Pitch Committee in conjunction with the Pro Hockey SIc-Pitch Tournament to be held on June 23rd, 24th 25th and 26th, 1988, at the Niagara Falls Memorial Arena, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 128 - Pro Hockey SIc-PItch Challenge - Re: Pro Hockey Pep Rally - June 6th, 1988, Niagara Falls Memorial Arena. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that Council indicate it has no objection to the issuance of a special occasion permit to the Pro Hockey Sic-Pitch Challenge in conjunction with the Pro Hockey Sic-Pitch Rally to be held on June 6th, 1988 at the Niagara Falls Memorial Arena, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 129 - City of Ottawa - Re: Section 57, Assessment Act. The communication advises of the adoption of a resolution to the Minister of Revenue, asking that Section 57 of the Assessment Act be amended to permit the' Assessment Commissioner to disclose, to any property owner wishin~ to appeal his assessment, copies of the Assessor's working papers, and requests that Council adopt a similar resolution. It was noted that the Freedom of Information Act will require disclosure of this information and that the resolution was not required. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously. No. 130 - Large Urban Section- Association of Municipalities of Ontario (AHO) - Re: Bill 94, an Act to Amend the Planning Act, Prohibiting Discrimination by Municipalities against Unrelated Persons Occupying Residential Property. The communication requests the comments of Council. It was noted that Bill 94 will put into legislation a principle already established by a Court ruling. The Bill espouses the principle that people have the right 'to live with whom they choose. It does not appear that the proposed Bill will have a detrimental affect on the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the communication be received and filed. Carried Unanimously. No. 131 (BANBOOT) - Chamber of Cossane - Re: Ad Hoc Committee/Tipping Fees. The communication advises that the Committee was established on the direction of Council in Auguet~ 1987~ to review initiatives to reduce waste -5 - volume disposed of at the landfill site, and to structure and implement a user fee and disposal restriction system. The communication urges that City Staff follow through with the guidelines recommended by the Ad Hoc Committee, and submit results to the Municipal Works Committee. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the communication be received and filed. Carried UnanimousIT. No. 132 (HANDOUT) - Niagara Falls Economic Development Agency - Re: Federation Canadian Municipalities - China Delegation to Niagara Region, April 29th to May end, 1988. The communication expresses the opinion that there is no economic benefit to this Municipality with respect to the proposed visit; that the EDA has offered to assist in any trade mission with specific deals which could interest local Companies; and suggests that the Department of External Affairs and/or professional organizations such as the Industrial Developers Association of Canada might more appropriately provide assistance with respect to the education process of matching or twinning Mainland China Cities with Canadian Municipalities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 133 (HANDOUT) - The Niagara Poninsula Ecumenical Committee of the Toxic Masts Research Coalition - Re: Meeting Notice. The communication advises that a meeting will be held Tuesday, April 19th, 1988, at 7:30 p.m. at Trinity United Church, Grimshy, regarding toxic waste research. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 134 (HANDSIft) - Alderman Norman Puttick - Re: Invitation - Hamburg Honda. The communication invites Council members and their friends to attend the Grand Re-Opening of the Hamburg Honda Showroom on April 21st, 1988, and states that the President of Honda Canada will be at the ceremonies. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously__L REPORTS No. FI)-88-06 - Chief Administrative Officer - Re: Fire Department Uniform Tender - 1988. The report recommends that the following tenders be accepted by Council: Complete Uniforms Firth Brothers Ltd. Wash & Wear Trousers Muller Dry Goods Shirts Mullet Dry Goods Parkas John Marshall & Company ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 29. B-88-20 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for March 1988. The report provides information regarding Permits issued and Highlights for March 1988, as well as April proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the report be received and filed. Carried UnanimousiT. B-88-21 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 2 Storey Addition to Far East Restaurant, 6536 Thorold Stone Road. The report recommends that Council approve the site plan(s) on display at tonight' meeting, being a proposed restaurant addition, and the site plan being drawing number 001 dated February 1988 as revised, and the site servicing plan being drawing number SP-1 dated February 1988 as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on April llth, 1988~ and that such approval be subject to the conditions contained in the report. The Deputy Director of Buildings and Inspections responded to concerns regarding the existing chain link fencing· ORDERED on the motion of Alderman Covllle, seconded by Alderman Baker~ that the report be received and adopted, Carried Unanimously. 6 B-88-22 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Flower Shop, 6293 Thorold Stone Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed flower shop, and the site plan being drawing number i of I and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 7th, 1988, and that such approval be subject to the conditions included in the report. The Deputy Director of Buildings and Inspections replied to questions raised regarding the width of the driveway into the rear yard area. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-88-23 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 1 Storey Office Building, 4411 Portage Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed office building, and the site plan being drawing number 1 of i dated January 25th, 1988, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 7th, 1988, and that such approval be subject to the conditions outlined in the report. Alderman Hopkins expressed concern regarding the removal of existing trees on City or private property. ORDERED on the motion of Alderman Pay, seconded by Alderman Hfnsperger, that the raperr be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrlngton, Hinsperger, Janvary, Orr and Pay. NAYE: Alderman Hopkins. B-88-24 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Retail Plaza, 6850 Thorold Stone Road. The Clerk advised that Report No. B-88-24 had been withdrawn from the Council agenda. R-88-09 - Chief Administrative Officer - Re: Tractor Purchase. The report recommends that Pinder's Lam~ and Leisure be given the purchase order for a new tractor and mower attachment at a total cost of $7,872.00. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. R-88-iO - Chief Administrative Officer - Re: Parks & Athletic Fields Schedule. The report recommends that the attached 1988 schedule for Special Events and regular use of Parks, Athletic Fields and School Grounds be approved by Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. R-88-11 - Chief Administrative Officer - Re: 1988 Tenders for Broad Leaf Weed Control in Parks and Cul-de-Sacs, Grub Control on Col-de-Sacs, and Grass Cutting in Rural Cemeteries. The report recommends the following: l) That the tender of Bobby Lawn Spray, in the amount of $10,995.00 for the control of broad leaf weeds in parks and cul-de-sacs and the control of grubs on cul-de-sacs, be accepted; and 2) That the lowest tender by Moe Montgomery in the amount of $3~850.00 for grass cutting in rural cemeteries, be accepted. ORDERED on the motion of Alderman theeamen, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 30. - 7 - R-88-12 - Chief Administrative Officer - Re: 1988 Tenders for the Supply of Grass Seed and Sod. The report recommends that the following lowest tenders for grass seed and sod be accepted: 1) Grass Seed (All F.O.B. Fairview Cemetery) a) Grass Seed Mixture b) Fiesta Perennial Rye Grass c) Pennlawn Red Fescue d) Overseeding Grass Mixture 2) Sod (F.O.B. Fairview Cemetery) Hinsperger, that the report be received and adopted. Oseco Ltd. Oseco Ltd. Oseco Ltd. Oseco Ltd. Evergreen Sod Farms ORDERED on the motion of Alderman Chessman, seconded by Alderman Carried Unanimously. See Resolution No. 31. N~-88-49 - Chief Administrative Officer - Re: Chippawa Community Remedial Measures for Basement Flooding - 1988 Interim Report. The Clerk advised that Report No. MW-88-49 had been withdrawn from the Council Ageads. MW-88-63 (HANDOUT) - Municipal Works Committee - Re: Committee Reports: i) MW-88-51, Sweeper Number 470 - - The report recommends that an expenditure of $6,500.00 for a rebuilt engine for sweeper number 470, be approved. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the recommendation be received and adopted. Carried Unanimously. 2) MW-88-58, Pre-ordering of Mechanical Pumps and Standby Power Generator for Mewburn Road SanitaryPumping Statics- - The report recommends that authorization be granted for the ordering of the necessary mechanical pumps and standby power generator at a total upset limit of $50,000.00. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the recommendation be received and adopted. Carried Unanimously. MW-88o53 - Chief Administrative Officer - Re: 1988 Tender for Supply & Application of Traffic Marking Paint. The report recommends that the tender of Modern White Lines Limited, in the amount of $18,283.00 for the supply and applicstion of traffic marking paint~ be accepted. Alderman Cummings requested assurance that school crossings would be painted. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 32. See BT-law No. 88-81. NB~88-54 - Chief Administrative Officer - Re: 1988 Tender for 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 $30,382.52~ be accepted. ORDERED on the motion of Alderman 0rr, seconded by Alderman Pay~ that the report be received and adopted. Carried Unanimously. See Resolution No. 33. PD-88-60 - Chief Administrative Officer - Re: Relotting of Lots 75, Part Lots 74 & 76, Blocks T & A, & Part of Salisbury Place Road A11owance~ Registered Plan M-53~ Chsrnwood Subdivision. The report recommends that the request from River Realty Development 1987 Inc. to exempt certain lots and blocks in the Charnwood Subdivision from Part Lot Control be approved subject to the following conditions: -8- 1) That the applicant enter into the required agreements with the Municipality; 2) That the conveyance of parts of Salisbury Place be closed by Judge's Order; 3) That Staff prepare the required by-laws for Council's consideration; and 4) That the by-law respecting Part Lot Control be rescinded once the developer advises the City that the individual and separate land transactions have taken place. During the discussion, initiated by Alderman Hopkins regarding the affect of this report on the social issue of affordable housing in the City, His Worship Mayor Smeaton agreed to discuss the trend in housing requirements at the upcoming Regional Planning Committee meeting. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Alderman Coville retired from the meeting. F-88-23 - Chief Administrntive Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $476,185.80 for the period ending April 18th, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Harrtngton declared a conflict of interest on Cheque No. 32006 because he is employed by the Board. Alderman Htnsperger declared a conflict of 1riterest on Cheque No. 31914 because he is employed with the Company. Additional information was provided on Cheque Nos. 31922, 31996 and 32021. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Harrington and Htnsperger abstaining from the vote on Cheque Nos. 32006 and 31914 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 88-85. F-88-24 -Finanee Committee - Re: Committee Reports. The report recommends that Council endorse the decisions of the Finance Committee as follows: 1) Koblenz, Germany, DelegationLunCheon- - It is recommended that the City not contribute towards a luncheon for visitors from Koblenz, Germany. ~ 2) Holeon Pro Hockey Slo-Pitch Advertis~nt - - It is recommended that a 1/2 page advertisement be purchased in the Molson Pro Hockey Slo-Pitch magazine for $500.00. 3) Greater Niagara Association for thaNnatally Retarded Requnst - - It is recommended that the City not provide financial assistance to cover Municipal taxes for the Greater Niagara Association for the Mentally Retarded. 4) Committee of Adjustment Request - - It is recommended that the request for two Committee of Adjustment members and one Staff member for permission to attend all future O.A.C,A. Conferences be denied. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that. the report be received and adopted. Carried Unanimously. S-88-07 - Chief Administrative Officer - Re: Walkway 74(1) between Buckingham Drive and a line Joining the rear of Lots 6 and 7, Registered Plan M-61, The report recommends that Council reaffirm its preliminary approval to -9- the closing and sale of the above walkway and that Staff be authorized to proceed in accordance with the procedure and assumption of costs previously approvad by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. MW-88-~I (HANDOUT) - Chief Administrative Officer - Re: St. Paul Avenue Water. The report, which was considered earlier this evening by the Municipal Works Committee, recommends that this advisory report be received and filed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimousl, y. RESOLUTIONS NO. 29 - PAY - eRR- RESOLVED that the unit prices submitted by the following companies for 1988 Fire Department Uniforms, be accepted: ; AND Firth Brothers Ltd. Complete Uniforms - $ 9,890.92 Mullet Dry Goods Wash & Wear Trousers - 2,594.48 Mullet Dry Goods Shirts - 5,465.70 John Marshall & Company Parkas - 2,726.00 the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 30 - C~MAN- HINSPERGER- RESOLVED that the unit prices submitted for the 1988 Broad Leaf Weed Control in Parks and Cul-de-Sacs, Grub Control on Cul-de-Sacs, and Grass Cutting in Rural Cemeteries, be accepted as fellows: Bobby Lawn Spray Broad Leaf Weeds in Parks and Cul-de-Sacs and control of Grubs on Cul-de-Sacs - $10,995.00 - Hoe Montgomery grass cutting in Rural Cemeteries ; AND thd Seal of the Corporation be hereto affixed. 3,850.00 Carried Unanimousl7. No. 31 -CHMESMAN- HINSPERGER- RESOLVED that the unit prices for the 1988 supply of Grass Seed and Sod be accepted at the lowest tender amount as fellows: Oseco Limited - Grass Seed Mixture Fiesta PerennialRye Grass Pennlawn Red Fescue Overseeding Grass Mixture - $ 2,764.50 - 745.00 - 404.10 - 1,679.00 Evergreen Sod Farms - supply of Sod ,95(per roll F.O.B. Fairview Cemetery) ; AND THE Seal of the Corporation be hereto affixed. Carried UnanimousiT. - 10 - - 11 - No. 32 - eRR- PAY - RESOLVED that the unit prices submitted by Modern White Lines Limited for the 1988 Supply and Application of Traffic Marking Paint, be accepted at the low tendered amount of $18,283.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 33 - eRR- PAY - RESOLVED that the unit prices submitted by Demol's Tire Sales & Service Limited for the 1988 supply of Tires, Tubes and Repair Service for the City Fleet, at the low tendered amount of $30,382.52, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 34 - CU~IN~S - HINSPER~ER- RESOLVED that a message of condolence be forwarded to the family of the late Donald Edward Dilts, a former Alderman with the City of Niagara Falls, from 1977 to 1982, and a well known and highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on be granted time: No. 88-81 No. 88-82 NO. 88-83 No. 88-84 BY-LAWS the motion of Alderman Cummings, seconded by Alderman Orr, that leave to introduce the following by-laws, and the by-laws be read a first - A by-law to authorize the execution of an agreement with Modern White Lines Ltmlted. - A by-law to authorize the acquisition of land for park purposes. - Withdrawn. - A by-law to amend By-law No. 79-200, as amended. (AM-27/87 Harry H. Karachi, 7071 Oakwood Drive; Report PD-87-124 approved by Council September 14, 1987). No. 88-85 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Herrington and Htnsperger abstaining from the vote on By-law No. 88-85 on conflicts of interest previously recorded under Report No. F-88-23; and with all others voting in favour. I ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 88-81 - A by-law to authorize the execution of an agreement with Modern White Lines Limited. No, 68-82 - A by-law to authorize the acquisition of land for park purposes. No, 88-83 - Withdrawn. No. 88-84 - A by-law to amend By-law No. 79-200, as amended. No. 88-85 - A by-law to pravide monies for general purposes. The motion Carried with Aldermen Harrington and Hlnsperger abstaining from the vote on Byelaw No. 8B-85 on conflicts of interest previously recorded; and with all others voting in layout. NEW BUSINESS ITEM OF OONCEKN: Sunday Retail Store Openings - Alderman Cheesman initiated a discussion regarding the legislation which was introduced by the Province in connection with Sunday shopping. During the discussion, the Solicitor advised that the proposed legislation would vest in the Regional Municipality regarding whether or not Sunday shopping would be extended. ITI~SOF INIKK~ST| Citizenship Court - Alderman Janvary referred to the Court of Canadian Citenship she had attended earlier today with Judge Jean Gerrie presiding. Lundyes Lane Historical Nuseum- Alderman Janvary stated that she had attended the Special Program and Open House marking the transfer of the Lundy's Lane Historical Society's Historical Collections to the Lundy's Lane Historical Museum, on April 17th, 1988. She further stated that she had received the Collections on behalf of City Council, and transferred them to Mr. Charles Oft, Chairman of the Museum. Waste Management Master Plan Advisory Committee Meeting - Alderman Janvary advised that she had received a Notice of Meeting scheduled for April 26th, 1988, from the Waste Management Master Plan Advisory Committee. In response to her request, the Director of Municipal Works stated that additional information would be forwarded to her. Niagara Promotion Association - Alderman Cummings discussed his attendance at the successful "kick-off" to the 1988 Blossom Festival, held in the Skylon Tower, in the form of an Artisan and Craft Show. Nancy Gee Reception - Alderman Herrington commended Mayor Smeaton, the Chief Administrative Officer and Director of Parks and Recreation on the success of the reception held at Niagara Square on April 14th, 1988, in henour of Nancy Gee, Niagara's member of the Canadian Olympic Ski Team. His Worship Mayor Smeaton referred to Miss Gee's success in the Nor Am competition held recently. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, SEVENTEENTH MEETING REGULAR MEETING Council Chambers April 25, 1988 Council met on Monday, April 25th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Orr, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ONE MINUTE'S SILENCE DAY OF MOI~!NING- APRIL 28, 1988 - His Worship Mayor Smeaton reviewed the proclamation regarding the "Day of Mourning" which had been approved by City Council at the meeting held on April 18th~ 1988. A period of one minute's silence was observed in recognition of April 28th, 1988, "Day of Mourning", in memory of workers killed, injured and disabled on the Job, aa requested by the Niagara Falls & District Labour Council. WELCOME DEPIrI'Y CITY CLERK- His Worship Mayor Smeaton welcomed to the meeting, and introduced the new Deputy City Clerk for the City of Niagara Falls, Mr. E1wood C. °'Woody*' Wagg. ADOPTION OF MINUTES Alderman Campbell requested that the minutes of the Special Meeting dated April llth, 1988, be amended to include his conflict of interest and abstention from the vote with respect the Y.M.C.A., because the organization is a client. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the amended minutes of the Special Meeting held April llth, 1988, be adopted; and the minutes of the regular meeting held April 18th, 1988, be adopted as printed. Carried Unanimously. PRESENTATIONS MI~v~ORIAL PLAQUE- His Worship Mayor Smeaton displayed a hand-carved wooden plaque presented to the City of Niagara Falls on behalf of Peter Lapins, in memory of his father, Herberrs Lapins. The plaque had been carved by Mr. Herberrs Lapins. Mayor gmeaton advised that the plaque would be suitably displayed in City Hall. PAINTING - OLD CITY HALL - His Worship Mayor Smeaton accepted, on behalf of Council and the community, a painting of the old City Hall, presented by Cathy Webbet and Linda Grimm, in memory of their late father, Mr. David Webbar. Mrs. Grimm advised that her late father had painted the likeness of the old City Hall from a very old photograph of the building, with the desire that this painting be displayed in City Hall. Mayor Smeaton expressed appreciation on behalf of Council and the community and stated that the painting would be displayed at an appropriate location in City Hall, : , :. ,,~ .,-,:. -i -,. ..... ~. I ,..~ -2- DEPUTATIONS ST. PA~L AVE~E WA'r~ pROBLE~ - !I-88-09 (HAI~DOUT) - Mayor g~eaton- Re: St. Paul Avenue Municipal Water Problem. The report provides information regarding requests made to the Acting Medical Officer of Health, Dr. Clarkson, at a Regional Health Services Committee meeting held April 19th, 1988, with respect to Federal investtgattve assistance, temporary closing of the car wash, and investigating the appearance of a rash on residents in the area. - AND - Cosaunication No. 135 - Dr. David Clarksons Acting Bedical Officer of Health, Regional Niagara Health Services Department - Re: Drinking Water - City of Niagara Falls. The communication states that the Health Services Department currently believes that "the water in the area in question is safe for drinking"; suggests that the Health Department "employ a physician to personally review the medical situation of all of those with complaints that are potential- ly related to this water issue", and summarize the information in an attempt to "discern any pattern of illness that may be related to water consumption or use". It further states that a request to the Federal Government will be delayed, and enquirtes regarding a physician made, pending negative comment from City Council. His Worship Mayor Smeaton advised that he had received information this evening from the former Mayor, Wayne Thomson, Assistant Director of Public Health Inspection Services with the Regional Municipality of Niagara, that he had taken water samples in the home of Mr. Wayne Pine at 2789 St. Paul Avenue, and that the samples had been forwarded to the Ministry for examination, and further, that the results of the testing were anticipated later this week. Mr. Wayne Pine expressed his continuing concerns regarding the water problem, in terms of "soap and wax in water taken from the bottom of the excava- tion pit where the City work crew were digging out front", and stated that he has observed a "clear oil-like substance". He discussed contacts he had made with the Health Department and the Ministry of the Environment, reviewed a letter received from Dr. Hill, and discussed the particles taken from the hands of his family and others in the area, similar to those found in the bath tub. Mr. Pine submitted, for Council's observation, samples of the metallic pieces taken from the water in his home, and again suggested the closure of the car wash in order to "check everything in it". His Worship Mayor Smeaton advised Mr. Pine that the Medical Officer of HeaIth had the authority to call in experts to investigate this matter, and the only authority at this point to close down the car wash. He referred to contacts he had made to the Medical Officer of Health, Mr. Dave Claydon of 2739 St. Paul Avenue, and Mr. Con Etdt, Director of Engineering for the Municipality of Niagara. Mayor Smeaton advised that Mr. Eidt had suggested an investigation of the old system of well supply piping, in reference to thelnumerous wells which tap into the system. He stated that City Staff will be investigating this possible source of contamination. A discussion was held regarding the former 'uses of the car wash property, and the adjacent lands. The Director of Municipal Works referred to the inadequate records with regard to the old waterpipes, and stated that Staff had not yet concluded its investigation. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, lthat;l Dr. Clarkson proceed with his suggestions. Carried Unanimously. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Chessman, that the motion in Report No. MW-88-56 dated April llth, 1988, recommendation number 3, that "the City absorb the cost of supplying bottled water to the Claydon and Pine residences for a further one-month period" be rescinded, and approval given to continue supplying bottled water. Carried Unanimously. Mr. Dave Claydon expressed his concerns with respect to the communication link between the Ministry of Health, the Federal Government and the Municipality; the seriousness of the water problem in terms of the residents' health; and stated that the residents were willing to assist in anyway possible to resolve the water problem. - 3- A discussion followed regarding the removal of a section of pipe from one of the affected homes in the area. Alderman Cheesman stressed the importance of obtaining scientific evidence, and suggested it should be understood that any action taken by the City to resolve the problem was being done "without prejudice". ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that City forces remove a section of pipe for a bacterial analysis, from a home in the subject area, under the direction of Dr. Richard Smythe, Peninsula Chemical Analysis Limited. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Janvary and Pay. Aldermen Hopkins and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication and report be received and filed. Carried UnanimoUsly. COMMUNICATIONS No. 136 - Niagara Falls FenIlyY.M.C,A. - Re: Proclamation. The communication requests Council to proclaim the month of May, 1988, as "Y.M.C.A. Month". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the proclamation be approved subject to established policy. Carried Unanimously. No. 137 - Canadian Polish Society - Re: Slo-Pitch Tournament - July 8th to 10th, 1988, at Palmet Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of a special occasion permit to the Canadian Polish Society in conjunction with the Molsons Slo-Pitch Tournament to be held July 8th, 9th, and 10th, 1988 at Palmet Park, subject to the approval of the Regional Police Department, the Niagara Falls Fire Depart- ment, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 138 - The Royal Canadian Legion, Branch 51 - Re: 51st Annual Pilgrimage 40 & 8 Society, American Legion - May 21st, 1988. The communication requests approval of a Parade Permit for the event. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 139 - Federation of Canadian Nunicipalitiee (FCIt) - Re: Consent Form. The communication requests that all elected members of Municipal Councils who wish to stand for election to the National Board of Directors, sign a Consent Form. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that Alderman Coville be authorized to stand for election to the National Board of Directors of the FCM. Carried Unanimously. No. 140 - City of Kitebeast - Annual Oktoberfest Celebration. The communication invites participation in the 0ktoberfest parade at Kitchener, in the form of a float or sponsorship of a band. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the matter be referred to Staff to review the possibility of the City Float participating in the above named parade, and submit a report at the next meeting of Council. Carried Unanimously. No. 141 (HANDOUT) - Robert Taylor, President, Ohippawa HeritaRe Club - Re: ThirdIAnnual~Ye Olde Chippaws Days - July 28th to 31st, 1988. The communication aeke permission to use the baseball diamonds in the former Village of Chippawa from July 29th to 31st; advises of the proposed Great Tube Race and Indian Bed Race| and requests a Special Occasion Permit for the Fun Time Slo-Pitch Tourna- ment at the Niagara South Arena Comple~ from July 30th to 31st, 1988. 5 -4- ORDERED on the motion of Alderman Baker, seconded by Alderman Htnsperger, that the requests for use of the baseball diamonds in the former Village of Chippaws and rental of the Niagara South Arena on July 30th and 31st, 1988, he approved subject to the conditions of the Parks & Recreation Department. It was further recommended that Council indicate it has no objection to the issuance of a special occasion permit to the Chippawa Heritage Club in conjunction with Ye Olde Chippaws Days to be held at Niagara South Arena on July 30th and 31st, 1988 subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 142 (HANDOaT) - Niagara Falls Grand Prix Inc. - Re: Tickets. The communication advises that tickets for the inaugural Grand Prix of Niagara Palls, N.Y., on June llth and 12th, 1988, featuring the Sports Club of America's Trans-Am Championships, are now on sale. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication he received and filed. Carried Unanimously. No. 143 (HANDOHm) - Gerarda Savete, President, CampaignLife- Re: Proclamation. The communication asks Council to proclaim the month of May, 1988, as "Respect For Life Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the request be approved subject to established policy. Carried Unanimously. REPORTS FD-88-07 - Chief Administrative Officer - Re: Tendering of a Fire Department Rescue Truck. The report recommends that Council authorize the Fire Department to tender a Rescue Truck. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-8B-25 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Medical Centre; Portage Road (east side, opposite Gellinger Street). The report recommends that Council approve the site plan(s) on display at tonight's meeting being a proposed medical centre, and the site plan being drawing number A1 dated February 1988, as revised, and the grading plan being drawing number A2 dated February 1988, as revised, and the landscape plan being drawing number L1 dated February 1988, as revised, and the mechanical plan being drawing number M-1 dated March 1988, and filed with the Buildings and Insertions Department of the City of Niagara Falls on April 13th~ 1988, and that such approval ba subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman~Campbell~ that the report be received and adopted. Carried Unanimously. B-88-26 Niagara Avenue) plan(s) and the drawing revised ment of - Chief Administrative Officer - Re: Site Plan Approval - Proposed College Hospitality Centre; Dunn Street (north side, east of Orchard AM-29/87. The report recommends that the Council approve the site on display at tonight's meeting, being a proposed hospitality centre, plot plan being drawing number 1~ and the landscape plot plan being number 2, and the grading and services plan being drawing 002 dated as April 13th, 1988, and filed with the Buildings and Inspections Depart- the City of Niagara Falls on April 14th, 1988, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay~ that the report be received and adopted. Carried Unanimously. e-SB-08 - Chief Administrative Officer - Re: Request for Reserve - Lot 47, R.P. 243. The report recommends that Council approve of the Request for Reserve from Teresa Lo (In Trust) for Lot 47, Reg. Plan 243, Until August 31, 1988. ORDERED on the motion of Alderman Pay, seconded by Alderman Bin,pc!get, that the report be received and adopted. Carried Unanimously. MW-88-62 - Municipal Works Committee - Re: Committee Reports. The report recommends the following: 1) 2) MW-88-52, Fuel Pumps - Service Centre - - It is recommended that Staff be authorized to arrange for the installation of two fuel pumps at the Municipal Service Centre and an air pump from Neilsen's Maintenance at a total cost of $6,700.00 plus P.S.T.. NW-88-60, Spring Cleanup - Household Hazardous Waste Day - - It is recommended that Staff's advisory report be received and filed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. NW-aB-64 - Chief Administrative Officer - Re: Contract G.C. 7-88 - Underground Services for Forest Glen Subdivision. The report recommends that the unit prices submitted by the low tendeter, Alfred Beam Excavating Ltd. be accepted and this contract be awarded subject to the Part Lot Control By-law 88-73 taking effect. ORDERED on the motion of Alderman Pay, seconded by Alderman Htnaperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 35. See By'la~ No.. 88-87. NW-88-65 - Municipal Parking & Traffic Committee - Re: Recommendations of Municipal Parking and Traffic Committee. The report recommends the following: l) That Parking be prohibited from the easterly side of Glenview Avenue from Ferguson Street to River Road; 2) That the Region be requested to relocate the truck "loading zone" on Victoria Avenue from its present location in front of Globe Travel to the first parking space southerly in front of Backer (Miskow) Appliance and T.V. Centre and that the existing meter be relocated in front of Globe Travel; That the new Projects, Parking and Traffic Supervisor and one member of Council be authorized to attend the Ontario Traffic Conference in London, May 8th to llth, 1988; and 4) That parking be prohibited from the westerly side of Biamonte Parkway, from Valley Way to Highway 420. Alderman tlopktns declared a conflict of interest regarding recommendation number one because a member of his family has a business interest. Mr. George An,ell was in attendance end expressed concern regarding parking facilities in the vicinity of the Medical Arts Building. He indicated his desire to be notified respecting the date of the Parking & Traffic Committee when the matter will be considered. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded on recommendation number one; and with all others voting in favour. ~M-88-66 - Chief Administrative Officer - Re: Engineering Agreement - Mount Carmel Subdivision. The report recommends that the by-laws appearing on tonight's agenda authorizing an Agreement between the City and Kerry T. Howe Limited for the provision of engineering services for the Mount Carme1 Subdiv~- siam be approved subject to: (a) The Developer, River Realty Development (1976) Inc., agreeing to pay for the engineering antvices with an upset limit of $58,000.00. -6- ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-88, and By-law No. 88-89. F-88-25 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,618,185.41 for the period ending April 25th, 1988 be approved by the passing of the by-law appearing later on the ageode. Alderman Coyills declared a conflict of interest on Cheque No. 32175 because because she is employed with the company. Alderman Htnsperger declared a conflict of interest on Cheque No. 32048 because he is employed by the company. Additional information was provided on Cheque Nos. 32108 and 32157. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Coville and Hinsperger abstaining from the vote on Cheque Nos. 32175 and 32048 respectively, on conflicts of interest previously recorded; and with all others voting in f~vour. See By-law No. 88-91. RESOLUTION No. 35 - PAY - HINSPERCER- RESOLVED that the unit prices submitted by Alfred Beam Excavating Ltd. for Contract G.C. 7-88 - Underground Services for Forest Glen Subdivision, at the low tendered amount of $408,762.68, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS The City Clerk advised that By-law No. 88-90 had been revised by the City Solicitor to include the following: "Section 3. This By-law shall not take effect unless and until an Undertaking in a form acceptable to the City Solicitor has been received from the Solicitor for the Theatre to discharge an existing second mortgage against the property in the amount of approximately $25,000.00." ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-86 - A by-law to authorize the execution of agreements respecting Newspaper Vending Boxes. (Report No. CD-87-72 w~s adopted by Council on October 26, 1987). 'No. 88-87 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Ltd. for sewermains, watermains, watercourse and base road construction in the Forest Glen Estates Subdivision. No. 88-88 - A by-law to authorize the execution of an agreement with River Realty Development (1976) Inc. for the payment of consulting engineer services. No. 88-89 - A by-law to authorize an agreement with Kerry T. Howe Limited. 88-90 - A by-law to authorize a grant to the Kingsbridge Theatre on the Square (Niagara) Inc. or its Trustee· No. 88-91 - A by-law to provide monies for general purposes. The motion Carried with Alderman Puttick voting contrary on By-law No. 88-88; with Alderman Hopkins abstaining from the vote on By-law No. 88-90, on a conflict of interest because he ts involved in the company; with Alderman Herrington voting contrary on By-law No. 88-90; with Alderman Pay voting contrary on By-law No, 88-90; with Aldermen Coville and Hinsperger abstaining from the vote on By-law No. 88-91 on conflicts of interest previously recorded under. Report No. F-88-25; and with all others voting in fayour. - 7 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No, 88-86 - A by-law to authorize the execution of agreements respecting Newspaper Vending Boxes. No, 88-87 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Ltd. for sewermains, watermains, watercourse and base road construction in the Forest Glen Estates Subdivision. No. 88-88 - A by-law to authorize the execution of an agreement with River Realty Development (1976) Inc. for the payment of consulting engineer services. No. 88-89 - A by-law to authorize an agreement with Kerry T. Howe Limited. No. 88-90 - A by-law to authorize a grant to the Kingsbridge Theatre on the Square (Niagara) Inc. or its Trustee. No.~21 - A to provide monies for general purposes. The motion Carried with Alderman Puttick voting contrary on By-law No. 88-88; with Alderman Hopkins abs{aintng from the bore on By-law No. 88-90, on a conflict of interest previously recorded; with Alderman Herrington voting contrary on By-law No. 88-90; with Alderman Pay voting contrary on By-law No. 88-90; Aldermen Covllle and Hinsperger abstaining from the vote on By-law No. 88-91 on conflicts of interest previously recorded; and with all others voting in fayour, NEW BUSINESS ITENS OF IltrEI~ST: Spaghetti Dinner - Heritage Club - His Worship Mayor Smeaton extended appreciation to Alderman Baker for the complimentary tickets to the Spaghetti Dinner being sponsored by the Heritage Club at the Lion's Club Hall, on Thursday, May 5th, 1988, at 4:30 and 7:00 p.m. Cr4nd Re-Opeaing/Hssburg-Uonda Showmum - · lder~an Cummings congratulated Alderman Puttick on the success of the above m~he~e~e~n~le-t0p~ing ceremonies, and commended Hamburg Honda on its good reputation and expansion in the City. Stamford Cleanup/A.N. Myer Secondary School Students - Alderman Pay discussed the unexpected cleanup of litter at the Stamford Green Shopping and Town & Country Plazas, which took piace last Thursday, April 21st, 1988, ~y a large number of students from A.N. Mayer Secondary School. He suggested that a letter of appreciation be sent to the Principal of the High School by Mayor Smeaton. Arhour Day - April 29t 1988 - Alderman Pay referred to the upcoming Arbour Day celebration and advised that the City would not be prepared to participate in the tree planting ceremony this year. He stated that the Boy Scouts would be planting a tree on the former Knights of Columbus laud on McLeod Road. Jismy Swaggart Ministries - Alderman Puttick requested information regarding the continuation of the Jimmy Swaggart Hinistries construction project in the City. Alderman Cummings advised that a report had been published last week indicating that the project had been abandoned. Alderman Chessman stated that this should not be a defini- tive answer~ and requested that the matter be pursued by Staff. Demolition of Building - Oakes Drive & D~mn Street - Alderman Puttick discussed the demolition of the building at the corner of Oakes Drive and Dunn 8treet~ which had been burned last year. -8- IT~ OF CONCERN: Court House Construction - Alderman Patrick initiated a discussion regarding the project in connection with the Court House. It was moved by Alderman Cheesman, seconded by Alderman Hopkins, that Council adjourn to Committee of the Whole. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Chessman, Coyills, Cummings, Harrtngton, Hinsperger, Hopkins, Janvary and Pay. Aldermen Puttick. COMMITTEE OF THE WHOLE READ AND AD D, Council Chambers April 25, 1988 Council met on Monday, April 25th, at 9:20 p.m. in Committee of the Whole, following a regular meeting. All members of Council, with the exception of Alderman Orr, were present. His Worship Mayor Smeaton presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in formal session. -9- Following a lengthy discussion regarding the details in the report, the construction project proposed by Mr. Leon Sharon, and the involvement of the Provincial Government. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. ***** It was moved by Alderman Cummings, seconded by Alderman Pay, that the meeting adjourn. Carried Unanimously. READ AND CLERK COUNCIL MEETING / Council Chambers April 25, 1988 Council recouvened in formal session on Monday, April 25th, 19BB, following a meeting in Committee of the Whole. All members of Council, with the exception of Alderman Orr, were present. His Worship Mayor Smeaton presided as Chairman. His Worship Mayor Smeaton advised that Council had chosen to rise and report on the following report: H-88-10 (BANDSIFT) - Nayor Ss~aton- Re: Courthouse Discussion with Attorney General - April 13, 1988. The report advises that Attorney General Scott desires a 5-year lease plus a 2-year extension, to be negotiated immediately, plus the use of the existing Courthouse facility; suggests that fol!owing the completion of the lease agreement, detailed negotiations could begin with regard to the City*s Civic Square project; advises that the lease agreement was considered the requisite condition for au addition to the Courthouse to improve security; states that the Attorney General and Minister Kerris supported the concept of telorating the Provincial Court into the new project on a long term lease; that Minister Kerris would investigate the Provincial funding for the new Courthouse in comparison to the St. Cotharines facility; and that a meeting. with the Ministry of Government Services was the essential next step, EIGHTEENTH MEETING This number was not used for a meeting in 1988. NINETEENTH MEETING REGULAR MEETING Council Chambers May 2, 1988 Council met on Monday, May 2nd, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Baker, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Coville offered the Opening Prayer. ADOPTION OF MINUTES Alderman Cheesman referred to the Jimmy Swaggart Ministries' item under New Business, in the minutes of the Council meeting held April 25th, 1988, and stated that the information provided by Alderman Cummings that the project had been abandoned should not be considered "definitive". He requested that Staff pursue the matter further, and that the minutes be amended accordingly. The Clerk stated that the Municipal Works Department was preparing a report on this matter. Alderman Hopkins requested that the minutes be amended to indicate that he had declared a conflict on Report No. MW-88-65, recommendation number one only. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the amended minutes of the regular meeting held April 25th, 1988, be adopted as amended. Carried Unanimously. DEPUTATION ST. PAUL AVENUE MUNICIPAL WA't'm~ PROBLE~i - Mr. Wayne Pine and Mr. Dave Claydon again expressed their concerns regarding the quality of the water being supplied to the homes in the subject area by the City. Mr. Pine provided a sample of the water for examination by members of Council. He referred to samples of the polluted water which had been forwarded to the Medical Officer of Health and the Ministry of the Environment for laboratory testing. Mr. Pine further referred to the increase in water pressure during peak periods at the car wash. Alderman Janvary entered the meeting. During the lengthy discussion that followed, the Maintenance & Operations Engineer responded to the concerns expressed regarding bacteria, granular particles in the water, and water pressure, and recommended that the water pipes in the Claydon home be replaced. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Covflle, that Mayor Smeaton contact the Medical Officer of Health requesting that an outside physician be contacted to investigate the matter, and further, that Staff be directed to review the facts and submit a report at the next meeting of Council. Carried Unanimously. UNFINISHED BUSINESS CITY PLOAT - Ok'TOB~mPl~T PARADB IN KITCH]~ - 1~-88-69 - Chief Administrative Officer - Re: City Float - Oktoberfest Parade in Kitchener (1988 04 25). The report provides background information regarding a policy adopted by Council on April 21st, 1987, respecting the responsibility of the Municipal Works Department for the construction of a Float on an annual basis and entering it in a number of parades~ the Oktoberfest parade was included. The report recommends that this report be received and filed for information. ORDERED ou the motion of Alderman Cummings~ seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. 2 REGION NIAGARA TOURIST COUNCIL/NIAGARA REGION DEVELOPNENT CORPORATION - POSSIBLE NERGER - Co--unicationNoo 144 - Niagara Falls Economic Development Agency - Re: Joint Announcement by Region Niagara Tourist Council and Niagara Region Develop- ment Corporation - Possible Merger (1988 03 07). The communication requests that the Agency be given the opportunity to review the matter~ subsequent to the findings of the Joint Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No. 145 - J. Groningers Secretary-Treasurers Niagara Regional Road Superintendents Association - Re: Trade Show '88 - Juno 9th and 10th, 1988, at the Skylos Centre. The communication invites Members of Council and Staff to attend the exhibit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 146 - Willoughby Volunteer Fire Department - Re: Annual Carnival - Saturday, July 23rd, 1988 at the Firehall Grounds, 11208 Sodom Road. The communication requests Council to approve a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a special occasion permit to the Willoughby Volunteer Fire Department, in conjunction with its Annual Carnival to be held on Saturday, July 23rd, 1988 at the Firehall grounds, 11208 Sodom Road, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 147 - Niagara Falls Non's Fastball Association - Re: Annual Tourney - July 14th to 17th, 1988, at Ker Park. The communication asks Council to approve a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate it has us objection to the issuance of a special occasion permit to the Niagara Falls Men's Fastball Association, iu conjunction with its Annual Tourney, to be held on July 14th, 15th, 16th, and 17th, 1988, at Ker Park, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Palls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No, 148 - The Corporation of the City of Cambridge- Re: Sal~ of Replicas of Weapons. The communication asks Council to endorse a resolution petitionlag the Province of Ontario to enact legislation to allow Municipalities to regulate and/or prohibit the sale of toy guns which are replicas of real weapons. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle~ that the City Clerk be instructed to contact the Regional Clerk respecting the response from the Regional Police Chief, and report to Council upon receipt of comments. The motion Carried with the following vote: AYE: Aldermen Puttick. NAYE: Aldermen Campbells Cheesman, Coville, Cummings, Hinspergers Pay and Harrington, Hopkins, Janvary and Orr. No. 149 - Consumers Gas - Re: Rate Application - EBRO 452. The communication attaches a copy of Notice of Rate Application and Hearings as well as a copy of Procedural Order - 1. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pays that the communication be received and filed. Carried Unanimously. No. 150 - Nr, Robert T. Sorley, Vice President & General Manager, Lubriaol C, ensda Limited - Re~ Community Awareness & Emergency Response Program - 1988 Session at Texas ACt University, College Station, Texas, The communication asks Coun i1' er ilsi~Bt~otge~ ~i[e6t~i~§ Officer Glen nassett, to the 1988 Sessf ny g ' ' . . .. 3 o 3 ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger, that the communication be received and filed. Carried Unanimously. No. 151 - Mrs. Isabel Olsen, Chairman, Fund Raising, Harmony Singers - Re: International Youth Music Festival, Harrogate, England - March 1989. The communication requests a grant in the amount of $8,000.00 to assist the Harmony Singers and Handbell Ringers to attend the upcoming Festival. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the matter be referred to the Recreation Department for a report to the Finance Committee. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Cummings, Harrington, Htnsperger, Hopkins, Janvary, Orr, Pay and Puttick. NAYE: Alderman Chessman. No. 152 (HAl~lrr) - AttoRney General - Re: Niagara Falls Court House. The communication proposes features of an agreement to be recommended to the Ontario Government regarding the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. REPORTS PD-88-66 - Chief Administrative Officer - Re: Niagara Escarpment Plan Amendment Application 36/87. The report recommends the following: 1) That Council support proposed Amendment No. 36 to the NEC Plan insofar as bed and breakfast and farm vacation establishments are concerned; and 2) That a copy of this report outlining the concerns of the Municipality regarding the definition of tourist or guest homes and other suggestions for improved clarity be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that the report be received and adopted. Carried UnanimousiT. PI)-88-69 - Environmental Planning Committee - Re: Proposed Computer Configuration for the Environmental Inventory Project. The report recommends the following: 1) 2) That the acquisition of computer configuration "B" as outlined in this report be authorized for the Environmental Inventory Project; and That the City's contribution towards the computer acquisition costs be derived from the 1988 budget allocation. ORDERED on the motion of Alderman Covflle, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-88-27 - Chief Administrative Officer - Re: 1988 Tender for Mowing of Private Lots and for Chemical Weed Control. The report recommends that the tender submitted by Niagara Commercial Cutting for the mowing of private lots be accepted, and further, that the tender submitted by Mr. Earl Murchie for chemical weed control be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. Resolution No. 36. B-88-28 - Chief Administrative Officer - Re: Licensing By-law 76-I02, Schedule 12. The report recommends that Council approve the by-law appearing on tonight's Council agenda amending By-law 76-102, Schedule 12, to include non- motortzed food stands. ORDERED on the motion of Alderman Pays seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. See B~-law No. 88-93. -4- CD-88-22 - Cl~ef Administrative Officer - Re: Exchange of Lands, South-west corner Portage Road and Churches Lane. The report recommends that the City and Mr. Bernardo Visca exchange parcels of land located at the south-west corner of Portage Road and Churches Lane, and that Mr. Visca pay to the City a portion of the appraised value of the two properties, plus payment for the preparation of his share of a reference plan and for an Opinion of Value. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. NW-88-67 - Chief Adainistrative Officer - Re: Contract S.S. 6-88 - Storm Sewer Installation on Portage Road Between Valley Way and Morrison Street. The report recommends that the unit prices submitted by the low tendeter, Stephens and Rankin, Inc., be accepted. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 37. See By-law No. 88-94. !~88-68 - Chief Administrative Officer - Re: Contract G.C. 8-88 - Underground Services for Hillsdale Estates Subdivision - Stage I. The report recommends that the unit prices submitted by the low tendeter, Alfidome Construction Ltd. be accepted and this contract be awarded subject to the registration of the Plan of Subdivision. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 38. See By-law No. 88-97. F-88-26 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,341,025.86, for the period ending May 2nd, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 32266 because a member of his family is employed by the Board. Alderman Hinspergsr declared a conflict of interest on Cheque Nos. 32209 and 32277 because he is employed with the Company. Additional information was provided on Cheque Nos. 32204 and 32239. ORDERED on the motion of Alderman Covtlle, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with Aldermen Chessman and Hinsperger abstaining from the vote on Cheque Nos. 32266, 32209 and 32277 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See Byelaw No. 88-103. 113-88-21 - Chief Administrative Officer - Re; Summer Schedule of Council Meetings. The report recommends that the attached proposed "Summer Schedule of Council Meetings", be adopted by City Council. ORDERED on the motion of Alderman Cummings, seconded byAlderman Pay, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 36 - CUBBII~g - PAY - RESOLVED that the unit prices submitted by Niagara Commercial Cutting for the mowing of private lots, and the unit prices submitted by Mr. Earl Murchie for chemical weed control, at the low tendered amounts as per attached Tender Summary, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 37 -CHEESNAN- HINSPI~gZR- RESOLVED that the unit prices submitted by Stephens and Rankin Inc., for Contract S.S. 6-88 - storm sewer installation on Portage Road between Valley Way and Morrison Street, be accepted at the low tendered amount of $309,732.50; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. No. 38 - CBEESNAN - BINSPKR~3EIt- RESOLVED that the unit prices submitted by Alfidome Construction Ltd. for Contract G.C. 8-88 - underground services for Hillsdale Estates Subdivision - Stage I, be accepted at the low tendered amount of $220,366.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 39 - C11EF~MAN - CUNNIt~3S - RESOLVED that a message of condolence be forwarded to the family of the late Wtllard Miller, brother of Raymond Miller, Purchasing Agent for the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-92 - A by-Iaw to amend By-law No. 3790, being a By-law for the regulation of traffic. (Report No. MW-88-65 adopted by Council 1988 04 25). No. 88-93 - A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issue of licences. (Report B-88-28). No. 88-94 No. 88-95 No. 88-96 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for storm sewer installation on Portage Road between Valley Way and Morrison Street. (Report MW-88-67). - A by-law to authorize the execution of an agreement with Moe Montgomery Landscaping for grass cutting and trimming of cemeteries. (Report R-88-11 adopted by Council 1988 04 18). - A by-law to authorize the execution of an agreement with Short Hills Gardens Ltd., carrying on business as Bobby Lawn Spray of St. Catharines/Nlagara Falls, for broad leaf weed control and grub control. (Report R-88-i1 adopted by Council 1988 04 18). No. 88-97 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for sewermains, watermalns and base road construction in Hillsdale Estates Subdivision - Phase I. (Report MW-88-68). No. 88-98 - A by-law to authorize a subdivision agreement with 734679 Ontario Limited et al respecting Mount Forest Phase 4 Subdivision. No. 88-99 - A by-law to establish a one foot reserve as a public highway. (McLeod Road). No, 88-100 - A by-law to establish a one foot reserve as a public highway. (Taylor Street). No. 88-101 - A by-law to amend By-law No. 79-200, as amended. (AM-9/88 Marinucci, 6070 Dunn Street; Report PD-88-42 approved by Council 1988 03 14). No. 88-102 - A by-law to amend By-law No. 79-200, as amended. (AM-10/88 Linda Batty, 5086 Roberrs Street; Report PD-88-43 approved by Council 1988 03 14). No, 88-103 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins abstaining from the vote on By-law No. 88-92 on a conflict of interest, because his brother has a business interest in the area; with Aldermen Cheesman and Hinsperger abstaining from the vote on By-law No. 88-103 on conflicts of interest previously recorded in Report No. F-88-26; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: -6- No. 88-92 - A by-law to amend By-law No. 3790, being a By-law for the regulation of traffic. No. 88-93 - A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issue of liceurea. No. 88-94 NO. 88-95 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for storm sewer installation on Portage Road between Valley Way and Morrison Street. - A by-law to authorize the execution of an agreement with Moe Montgomery Landscaping for grass cutting and trimming of cemeteries. No. 88-96 - A by-law to authorize the execution of an agreement with Short Hills Gardens Ltd., carrying on business as Bobby Lawn Spray of St. Cathartnes/Niagara Falls, for broad leaf weed control and grub control. No. 88-97 No~. 88-98 No. 88-99 No. 88-100 No. 88-101 No. 88-102 No. 88-103 The motion - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for sewermains, watermains and base road construction in Hillsdale Estates Subdivision - Phase I. - A by-law to authorize a subdivision agreement with 734679 Ontario Limited et al respecting Mount Forest Phase 4 Subdivision. - A by-law to establish a one foot reserve as a public highway. - A by-law to establish a one foot reserve as a public highway. - A by-law to amend By-law No. 79-200, as amended. - A by-law to amend By-law No. 79-200, as Mended. - A by-law to provide monies for general purposes. Carried with Alderman Bopktns abstaining from the vote on By-law No. 88-92 on a conflict of interest previously recorded; with Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 88-103 on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS II'l~S OF OONC~RN: Old Police Building - Alderman Cummings requested up-to-date information regarding the renovations of the old Police building. The Director of Buildings & Inspections advised that a letter had been received from the owners, Mr. and Mrs. Cuggolz, of Toronto, two weeks ago, with the information that plans had been completed and would be submitted to the City for a review at an early date. 1988 Budget - Alderman Cheesman advised that the 1988 Budget by-laws were expected to be submitted for approval at the next meeting of Council. Niagara Parks Commission/Controlled Access Mighmays - Alderman Pay initiated a discussion regarding the previous decision of the NPC in respect to controlled access highways. The Director of Planning & Develop- ment advised that a meeting had been scheduled by the Ministry of Municipal Affairs for June 21st, 1988, in Toronto, between representatives of the Ministry, the Region and local Municipalities, for a discussion of the'matter. He further advised that Mayor Smeaton would be submitting a report to Council subsequent to the meeting. · -7- Tree Planting - Alderman Pay advised that the Boy Scouts had planted over 50 trees behind the former Knights of Columbus property on McLeod Road, on May 26th, 1988. He further advised that the Greening Committee had been instrumental in having "200 fair size trees" planted throughout the City of Niagara Falls, by the Regional Municipality of Niagara, under the direction of Mr. George Dalby. Retiremnt - He1 Swart, NPP - Alderman Cummings referred to the upcoming retirement of Mel Swart, MPP, and referred to Mr. Swart's efforts to assist the people in the Province of Ontario over the years. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covflle, that a letter of appreciation be forwarded to Mr. Mel Swart MPP from Mayor Smeaton's office. Carried Unanimously. Blossom Festival Parade - Alderman Cummings referred to the 1988 Blossom Festival Parade to be held on Saturday, May 7th, 1988, and encouraged members of Council to participate in this event. It was moved by Alderman Coville, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~!~< TY CLERK .... ITemS OF IMIq~ZST: Mayor S~eatogite Birthday - Alderman Puttick wished His Worship Mayor Smeaton a "Happy Birthday" on behalf of the members of Council. TWENTIETH MEETING COMMITTEE OF THE WHOLE Committee Room #1 May 9, 1988 Council met on Monday, May 9th, 1988, at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Orr, were present. Alderman Baker presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADO TED, .~-. ~. ....... RENN~!'~ITY CLERK PLANNING/REGULAR MEETING Council Chambers May 9, 1988 Council met on Monday, May 9th, 1988, at 7:35 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Orr, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Baker offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the minutes of the meeting held May 2nd, 1988, be adopted as printed. Carried Unanimously. PRESENTATION 1988 BLOSSON FESTIVAL PAINE ?1~OPHY - His Worship referred to the trophy on display in the Council Chambers, which had been awarded, to the City of Niagara Falls, as first prize for the City Float in the 1988 Blossom Festival Parade. Alderman Cummings suggested that a letter of congratulations be forwarded to Derek Costello, a City employee, for the design on the Float, and to others who were involved. REPORTS - PLANNING MATTERS PD-88-73 - Chief Ad=~nistrative Officer - Re: Zoning Amendment Application AM-4/87, Niagara River Construction; Portage Road at Ontario Hydro Canal. The report recommends that Council approve the proposed by-law deleting a cremator- ium as a permitted use from By-law 88-31. His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure to be followed under the Planning Act, 1983. The Clerk advised that the applicant had requested an amendment to the site specific By-law No. 88-31, deleting a crematorium as a permitted use; and that the property was located on the east side of Portage Road, north of the Niagara Credit Union, and flanked by the Ontario Hydro Canal, Fairview Cemetery and the Morrison Street Fire Station. He further advised that the Notices of the Public Meeting had been forwarded on April 8th, 1988. ltis Worship Mayor Smeaton stated 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 from persons in favour of or opposed to the application. Mayor Smeaton asked that all persons wishing to receive further notice, regarding the passage of the by-law, submit their names and addresses to the Clerk prior to leaving the meeting. -2- The Deputy Director of Planning & Development discussed the subject lands and the proposal with the assistance of posted sketches. He reviewed the following information contained in Technical Report PD-88-64: Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land Use; Public Notification Process; and Planning Review. Mr. MarineIll referred to past actions taken regarding this matter, and advised that he had no further information to submit. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that t%report be received and. adopted. Carried Unanimously. %-,~" ~.~-~'~ ~ See By-law No. 88-110. PD-88-75 - Chief Ad's~nistrative Officer - Re: Zoning Amendment Application AM-17/88 - Peter RadoJcic; Terrace Avenue and Elgin Street. The report recommends the following: That Council support the proposed rezoning of the subject lands permitting the construction of a two-storey, 6 unit apartment building, as detailed in PD-88-61; 2) That Staff be directed to prepare the necessary by-law amendment for enactment at e subsequent Council meeting; 3) That the lands be placed under Site Plan Control to ensure the provision and maintenance of fencing, buffering and other like matters; 4) That the applicant and Regional Municipality of Niagara be advised accordingly. His Worship Hayor Smeaton declared the Public Meeting open, and explained that the procedure under the Planning Act, 1983, as in the preceding zoning amendment application, would be followed. The Clerk advised that the applicant requested an amendment to the zoning of the subject lands to permit the construction of a two-storey~ 6 unit apartment building; and further, that the property was located on the west side of Terrace Avenue and the south side of Elgin Street. He stated that the Notices of the Public Meeting had been forwarded on April 8th, 1988. His Worship Mayor Smeaton received an indication that Mr. Bob Judge was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands from persons in attendance who were in fayour of or opposed to the application. Me requested that all persons wishing to receive further notice~ regarding the passing of the by-law, submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and explained the purpose and reason for the application by reviewing the following information contained in Technical Report No. PD-88-61: Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments from Public Notification Process; Planning Review; and Site Plan Review. He responded to questions raised regarding a laneway and sewer hook-up in the subject area. Mrs. Kristf Tanner, 4209 May Avenue expressed concern regarding difficulties the residents in the area had experienced with sewer backups. In response to her expressed concerns, the Director of Municipal Works stated that he was aware of the problem~ which had been caused because the sewer needed to be maintained or replaced| and further, that the proposed project would not create a problem. Mr. Bob Judge discussed actions taken by the applicant to resolve concernss i.e., proposed construction away from existing propartless and advised that there was a separate storm sewer connection on Terrace Avenue for the proposed building. -3- Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously__. PD-88-76 - Chief Administrative Officer - Re: Zoning Amendment Application AM-8/88 - Aiello Holdings Ltd.; 5640 Stanley Avenue, Camelot Inn. The report recommends that Council not support the amendment to exceed existing height standards and setback provisions for the proposed hotel development. - AND - Communication No. 153 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-8/88, Proposed 8 Storey Hotel; Stanley Avenue and North Street. The communication advises that the Regional Planning Staff has no objection to the proposed hotel as a use, expresses concerns with respect to the height and the density of the project, and recommends that the City consider the desirability of reducing the height and scale of the proposed hotel. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure under the Planning Act~ 1983, as in the preceding applica- tions, would be followed. The Clerk stated that the applicant requested an amendment to the Zoning by-law to exceed the height limit to construct an 8-storey, 82 unit hotel and renovate a 2-storey, 28 unit motel. He further stated that the property was located on the southeast corner of the intersection of Stanley Avenue and North Street, and that the Notices of the Public Meeting were forwarded on April 8th, 1988. His Worship Mayor Smeaton received indication that the applicant, Mr. L. Aiello, and his Solicitor, Mr. William Slovak, were in attendance. Mayor Smeaton received a positive response to his request for a show of hands from persons in fayour of or opposed to the application. He asked that anyone wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in Technical Report No. PD-88-65: Property Description; Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land Use; Coraments From Public Notification Process; Planning Review; and Site Plan Review. He responded to questions raised regarding the shadowing effect of the building on nearby residences. The Director of Buildings & Inspections replied to questions raised with regard to the proposed parking area. During the discussion, it was suggested that the parking by-law be re-examined to allow for the parking of smaller sized cars. There was a negative response to Mayor Smeaton's request for comments from persons~ other than the applicant or his agent~ in fayour of the application. Mr. Vincent Mancuso, 5653 Buchanan Avenues expressed concerns regarding the shadow effect of the high-rise on his property, the proposed bus parking adjacent to his home causing pollution as well as noise fn the night hours, increased water drainage towards his property, and property devaluation. Mr. Slovak discussed his client's proposal in relation to the Lanmer Fenco Study and mentioned a number of projects which had previously been approved, although not within the guidelines of the Study. He discussed the positive aspects of the location; the shadowing effect which had been minimized; and stated that his client was prepared to submit the study on shadowing to City Staff, and to consider the expressed concerns and address them through the site plan process. Mr. Slovak referred to the 20' parking spaces; as well as the changing nature of the subject area~ and the proJect's enhancement of the area. He stated that the bus could be telorated on the site. -4- Mr. Guntar Sonunerfel~t, of Guntar Sommerfeldt Inc.~ discussed shadowing on adjacent properties, with the assistance of the posted sketch. Mr. Aiello referred to the poor rear yard drainage, lack of weeping tiles, and the condition of the present structure. Me stated that the property of Mr. Mancuso would be the least affected of neighbouring properties by shadowing. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the application be approved in principle, subject to the concerns of residents and Staff. The motion was Defeated with the following vote: AYE: NAYE: Aldermen Hinsperger, Pay and Puttick. Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hopkins and Janvary. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Baker, that the communication be received and filed, and that the report be received and adopted and the application denied. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hopkins and Janvary. NAYE: Aldermen Hinaperger, Pay and Puttick. PD-88-77 - Chief Adainistrative Officer - Re: Zoning Amendment Application AM-14/88 & OPA No. 173 - 712078 Ontario Inc.; Shoppes of Drummond Park Village, McLeod Road. The report recommends that Council defer the application to amend the Official Plan and zoning of the subject lands until such time as the I.B.I. consulting firm presents their final report regarding a commercial and office development strategy for the City of Niagara Palls. - AND - CosaunicationNo. 154 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-14/88, Additional Uses for a Commercial Plaza, McLeod Road, east of Drummond Road. The communication advises that the Regional Planning Staff could accept the proposed commercial changes, provided that the City was satisfied that there was a need for a general commercial plaza at the subject location, and that such a plaza would be compatible with the City's overall commercial development strategy. Alderman Coville declared a conflict of interest on this application, as well as the next two applications, because the firm with which she is employed has an involvement~ and retired temporarily from the meeting. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure as in the preceding applications, would be followed. The Clerk stated that the intent of the application was to amend the Official Plan and Zoning By-law to allow a wider range of commercial uses than currently permitted in an existing plaza; and that the lands were located on the south side of McLeod Road, east of Drummond Road. He advised that the Notices of the Public Meeting were fowarded on April 8th, 1988; and that the Notice with regard to the Official Plan Amendment was published in the local newspaper on April 8th, 1988. Mr. Michael Bonomi, Solicitor, indicated his presence on behalf of the Shoppea Drummond Park Subdivision. There was a positive response to Mayor Smeaton's request for a show of hands from persons in fayour of or opposed to the application. |Is asked that persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report PD-88-67: Development Proposal; Official Plan Amendment; Zoning By-law Amendment; Surrounding Land Use; Comments From Public Notification; and Planning Review. He replied to questions raised regarding the impact of shopping centtea on other areas, -5 - Mr. Bonomi distributed and reviewed a Document Brief which included Location Maps; Site Sketch; City of Niagara Official Plan Amendment No. 28 for Commercial and Tourist Commercial Designation Policies; Zoning By-law 79-200 for General Commercial and Tourist Commercial Provisions; Land Use Map; Zoning Map; and Technical Report PD-88-67. He requested a Commercial Rezoning and suggested ~hat if Council was concerned, an alternative might be to limit the rezoning to a specified square footage of the existing premises. Alderman Baker declared a conflict of interest because an Avondale store, which is a client of his, had been included in the application. Following a lengthy discussion, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the request be approved. The motion was Defeated with Alderman Baker abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cummings and Puttick. NAYE: Aldermen Campbell, Chessman, Harrington, Hinsperger, Hopkins, Janvary and Pay. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that the communication be received and filed, and that the report be received and adopted, and the application deferred. The motion Carried with Alderman Baker abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Chessman, Harrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen Cummings and Puttick. PD-88-72 - Chief Adatuistrative Officer - Re: Exemption from Part Lot Control, 687867 Ontario Limited, Crimson Drive; Drummond Park Village Subdivi- sion. The report recommends that Council recommend the developer consider one of the suggested alternatives (A or B) as detailed in the Technical Report. - AND - Communication No. 155 - Sharon and Glen Dow - Re: 687867 Ontario Ltd. The communication expresses opposition to the application because of the number of currently existing semi-detached homes, and because it is considered that the single family homes should have the opportunity of fronting the hydro lands in the area. The Clerk stated that information regarding the meeting was circulated because of the interest generated by the application for exemption from part lot control. He further stated that the applicant was requesting exemption from part lot control to permit 11 of the existing 34 single family lots in question to be relotted into 10 single family lots on the north side of Crimson Drive (East of the proposed Lakewood Crescent)~ and the remaining 23 single family lots into 14 semi-detached lots (28 units), located on the south side of Crimson Drive. He further stated that the Notices of the meeting were forwarded on April lath, 1988, and suggested that although this was not a Public Meeting~ the interested persons in attendance be given an opportunity to address Council. The Deputy Director of Planning & Development explained the proposal and location of the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report PD-88-68: Official Plan; Zoning By-law; Surrounding Land Use; and Planning Review; as well as the alternative proposals included in the report. He expressed concern with regard to Part 15, and replied to questions raised regarding communication between Group 2 Development and the Planning Staff. Mr. A1 Goat, President, Group 2 Development, stated that the purpose of the application was to respond to the market~ for the Subdivision, and suggested that the proposal would offer "improved streetscaping". He expressed agreement with the addition of a "turning circle", and stated that the intent was to have 'the property to the east accommodated in a future plan. Mr. Goat advised that the Company was not in agreement with alternative "A", and might utilize alternative "B" in a compromise solution, i.e., allowing the 5 single family lots west of the walkway to remain, thereby solving the problem of the driveway at the corner . . . . 6 6 of Crimson Drive, and change the lots to the east of the walkway to semi- detached lots with special provision respecting designs. He further suggested that Part 15 could be considered at a later date. Mr. Jim Corkery, 6092 Trtlltum Crescent, expressed concern that no additional changes be made from single family to semi-detached homes in the subdivision. It was suggested that concerned residents submit their names to the Clerk prior to leaving the meeting. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Chessman, that the communication be received and filed, and the matter be deferred for two weeks, to provide an opportunity for City Staff and the Developer to resolve areas of concern. Carried Unanimously. PD-88-74 - Chief Administrntive Officer - Re: Application for Exemption from Part Lot Control; Lots 64, 66, 67 and 68; 75 to 80; and 81 to 87, Wildrose Crescent; Drummond Park Village (R.P. M-77). The report recommends that the request from Mr. Frank Fraser, on behalf of J.B. Kendall Homes Ltd., to exempt from Part Lot Control Lots 64, 66, 67 and 68 (Registered Plan M-77); end that part of the request from Mr. Roger Lewandowski, on behalf of Kenmore Homes (1987) Inc., to exempt from Part Lot Control from Lots 75 to 80, inclusive, (Registered Plan M-77), be approved; and that Council pass the appropriate by-~aw to designate the aforesaid lands as exempt from Part Lot Control. The Deputy Director of Planning & Development discussed the subject lands with the assistance of posted sketches. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 88-113. PD-88-71 - Chief Administrative Officer - Re: Zoning Amendment Application AM-24/87, Romzap Ltd.; west side Oakes Drive - Proposed 19 Storey Hotel Complex and Determination of Need for Further Public Notice. The report recommends the following: 1) That City Council, prior to the passing of the amending by-law for Romzap Ltd., determine by Resolution, in accordance with Section 34(16) of the Planning Act, 1983, that the change to the proposal will not require the giving of any further notice; 2) That Council enact the amending by-law respecting the application, in accordance with Section 34(17) of the Planning Act. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger that the report be received and adopted. Carried Unanimously. See Res'olution No. 40. See By-law No. 88-107. CI)-88-24 - Chief Administrative Officer - Re: AM-38/87, Restricted Area By-law No. 88-59; 414878 Ontario Limited. The report recommends that Council reaffirm its approval of By-law No. 88-59, so 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 Hinsperger, that the report be received and adopted. Carried Unanimously. REGULAR MEETING DEPUTATIONS Comunieation Ms. 156 - W. Krueger, Niagara Mold - Re= Vibration Problems from Niagara Forge. The communication advises that because of the aforemention- ed vibration problems, it is necessary for Niagara Mold to relocate in another Municipality; and requests retribution from the City of Niagara Falls in the amount of $10,000.00~ one-half the estimated cost of moving. 7 Alderman Coville returned to the Council meeting. Mr. Kreuger reviewed the historical background of his business in Niagara Falls, contacts with the Business & Industrial Growth Agency, problems encountered as a result of the drop hammer at Niagara Forge, and referred to the necessity to relocate the business. The Clerk provided Councii with information regarding actions taken in this matter, and stated that Morden & Halwig Limited, the Adjustors for the City, were investigating the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the matter be tabled for further information. Carried Unanimously. ST. PAUL AVENUE WATER PROBLEM- Report No. Mk'-88-71 (HANDOUT) - Chief Administrative Officer - Re: St. Paul Avenue Water Problem. The report provides background information regarding action taken with respect to the subject matter, and recommends that water be provided, if requested, to the Pine and Claydon residences up to Friday, May 27th, 1988. His Worship Mayor Smeaton advised that he had been in contact with Dr. David Clarkson, Acting Medical Officer of tlealth for the Region, and had received information that a leading physician at the University of Toronto would be examining the involved families and submit a report to Dr. Clarkson. Mr. Wayne Pine discussed the fluctuation in potable water and water pressure in the subject area homes during the past week, and advised Council of the continuing investigation and action being taken by the residents. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS J{ SWA, GGART MINISTRI~ OF CAJ~A!)A - Report No. B-88-33 - Chief Administrative Officer - Re: Jimmy Swsggart Ministries of Canada. The report advises that information has been provided by architects involved in the design of the Church, that the Job has been temporar- ily discontinued, with the intention to recommence construction in the near future; and recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. COMNUNI CATIONS No. 157 - Maple Leaf Resort - Re: Network TV Commercial by Sunburst Promotions (Niagara) Ltd. The communication requests the temporary closing of Falls Avenue, on May 24th and 25th, 1988, from the Foxhead Hotel entrance to Just before the Rainbow Bridge entrance, in order to enable filming of the upcoming commercial. Alderman Hopkins declared a conflict of interest because his wife is employed with the Company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be approved, subject to the approval of the Ministry of Transportation and Communication with respect to the helicopters. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 158 - Bill Learns General Sales Manager, Ed Learn Ford - Re: Tender Summary of 1988 New Equipment Purchases. The communication refers to the Company*s low tender submission regarding the 1988 New Equipment Purchases for the City of Niagara Falls, refers to the competitiveness of the tendering process, and questions the decision of Council not to accept the low bid of Ed Learn Ford. The Director of Municipal Works responded to questions raised regarding the Tender Summary Analysis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. NO. 159 - RegionalNiagara Office of the Clerk - Re: 1988 Regional Tax Levy. The communication attaches e copy of By-law No. 5112-88, entitled 'A By-law to Levy Against the Area Municipalities for the Sums of Money Required During the Year 1988 for the General Purposes of the Regional Corporation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 160 - RegionalNiagara Public Works Deportment - Re: Water/Sewage Flows Monthly Report fort March 1988. The communication attaches Report DEP-2777 with respect to the aforementioned matter. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No.'lel - Ministry of Transportation & Co=~unieations - Re: RTAC Weights & Dimensions Proposals. The communication attaches a copy of the Minister's response to the City of Ottawa regarding the overall length and weight for heavy commercial vehicles. ORDERED on the motion of Aldermen Chessman, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 162 - The National Association for English Rights Incorporated - Re: Bill C72. The communication asks the support of Council in opposing "enforced bilingualjam' in Ontario with a request that the Legislative Co~ntttee allow the voting public to be heard by referendum with regard to official bilingualtam in the Province of Ontario. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the communication be received and filed. Carried Unanimously. No. 163 - The City of Stoney Creek - Re: GO Transit Service. The communication asks Council to endorse a resolution to the Minister of Transpor- tation & Communications for the continuation of the CNR Station as the GO Transit terminus, in order to facilitate the future extension of GO Transit easterly. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the communication be received and the resolution endorsed. Carried Unanimously. No. 164 - City of Woodstuck- Re: Resolution. The communication requests that Council endorse a resolution to the Ontario Government that the Municipal- ity have more input into the establishment, maintenance and control of '- residences for the mentally handicapped. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the communication be referred to the Social Planning Council, and to the local Community Living Niagara Falls Association for comments. Carried Unanimously. No. 165 - Nasonie Order, Pest Nestera' & Officers' Association, Niagara Districts 'A" & *B" - Re: Family Picnic, Seturday, July 9th, 1988, ARPAD Hall, Moatrose Road at Lyons Creek Road. The communication requests the permission of Council to hold the event, and a Special Occa81on Permit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that Council indicate it has uo objection to the issuance of a special occasion permit to the Masonic Order of Niagara Districts "A' and "B" in conjunction with a family picnic to be held at ARPAD Mall on Saturday, July 9tht 1988, subject to the approval of the Regional Police Departmentt the Niagara Falls Fire Department~ the Regional Health Services Department~ and the Liquor Licensing Board of Ontario· Carried Unanimously. -9- No. 166 - Johe Termfar, Bar Chairman, Seven-Up Pro Hockey Golf Tournament - Re: Molson Pro-Hockey Tournament - June 24th, 1988, at Niagara Falls Memorial Arena. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that Council indicate it has no objection to the issuance of a special occasion permit to the Molson Pro-Hockey Sis-Pitch Tournament, to be held on Friday, June 24th, 1988 at the Niagara Falls Memorial Arena, in relation to the Seven-Up Pro Hockey Golf Tournament Awards Dinner, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department~ and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 167 - City of Niagara Falls, Non-Profit Housing Corporation - Re: Appointment of Additional Non-Profit Housing Corporation Member to Board of Niagara Palls. The communication requests the approval of Council to have Mr. Gerald E. Fartell become a member of the Board. ORDERED on the motion Of Alderman Cummings, seconded by Alderman Coville, that the communication be received and the recommendation approved. Carried Unanimously. No. 168 - Niagara Region Revie~ Commission - Re: Review Commission Meetings. The communication provides information regarding a series of Public Meetings to be held in May, 1988. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 169 (HANDOUT) - Mrs. Isabel 01sen, Chairsan of Fund Raising, Harmony Singers &Nandbell Ringers - Re: Funding Assistance. The communication advises that the request for funding for the 1989 International Youth Music Festival in Hartsgate, England, is being withdrawn due to the illness of the Choir Director. Alderman Janvary suggested that an application for funding form be forwarded to the group in the Fall of 1988. ORDERED on the motion of Alderman Coyills, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. REPORTS B-88-30 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Retail Plaza, 6850 Thorold Stone Road (former drive-in restaurant). The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial plaza, and the site plan being drawing number 1, dated April 5th~ 1988, as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on May 3rd, 1988, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously.. B-88-31 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 1 Storey Commercial Development, 6265 Thorold Stone Road (north side, west of Portage Road). The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial development, and the site plan being drawing number 3, dated December 22nd, 1987, as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 22nd, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker~ that the report be received and adopted. Carried Unanimously. H~-88-70 (HANDOUT) - Chief Administrative Officer - Re: Purchasing of New Hydrants. The report recommends that the award of tenders for hydrants, which was part of MW-88-39, be changed to allow the purchase of hydrants from Westburn Central to Emeo Supply. ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. - 10 - F-88-27 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,186,398.90 for the period ending May 9th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 32446 because the organization is a client. Alderman Ninsperger declared a conflict of intereat on Cheque Nos. 32317 and 32318 because he is employed with the Company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on Cheque Nos. 32446, 32317 and 32318 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 88-114. F-88-28 - Chief Adsinistrative Officer - Re: 1988 Operating Budget. The r~port recommends that Council pass the by-laws appearing on this evening's agenda to: 1) Provide for the appropriations for the year 1988; 2) Fix the rates of taxation for 1988 and to provide for the levying of taxes; 3) Provide for the collection of taxes for the year 1988. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary on the education portion of the budget; and with all others voting in favour. See By-law No. 88-104, By-law No. 88-105, and By-law No. 88-106. (I)-88-23 - Chief Administrative Officer - Re: AM-38/87, Restricted Area By-law No. 88-59, 414878 Ontario Limited. The report recommends that Council reaffirm its approval of By-law No. 88-59 so 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 Baker, that the report be received and adopted. Carried Unanimously. ~ RESOLUTION No, 40 - CIteNAN - PAY - RESOLVED that this Council does determine, in accordance with Section 34(16) of the Planning Act, 1983, that the changes to the proposed By-law Amendment (AM-24/87, Romzap Ltd., 6755 Oakes Drive) for the Niagara Falls Planning Area, are minor in nature and do not require giying any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-104 - A by-law to provide for the appropriations for the year 1988. No. 88-10} - A by-law to fix the rate of taxation for 1988 and to provide for the levying of taxes. - 11 - No, 88-106 - A by-law to provide for the collection of taxes for the year 1988. No. 88-107 - A by-law to amend By-law No. 79-200, as amended. (AM-24/87 Romzap Limited, 6755 Oakes Drive; Report PD-87-130 approved by Council on September 14, 1987; & Report PD-88-71 considered at the Public Meeting on May 9, 1988). No. 88-108 - A by-law to amend By-law No. 79-200, as amended. (AM-6/88 ManoJlovich, 5768 Spring Street - parking for Concord Hotel; Report PD-88-23 approved by Council, February 8, 1988). 88-109 - 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-6/88 M. ManoJtovich, 5768 Spring Street). No. 88-110 A by-law to amend By-law No. 88-31, being an amendment to By-law No. 79-200. (AM-4/87 Niagara River Construction Limited, Portage Road at Ontario Hydro Canal, to be considered at Public Meeting, May 9, 1988). No. 88-111 - A by-law to authorize the execution of an agreement with Niagara Commercial Cutting for mowing weeds on private lots. (Report B-88-27 approved by Council May 2, 1988). 88-112 - A by-law to authorize the execution of an agreement with Earl Murchie. (Report B-gS-27 approved by Council May 2, 1988). No. 88-113 - A by-law to designate certain land not to be subject to part lot control. (Report PD-88-74 to be considered at Public Meeting, May 9, 1988). 88-114 - A by-law to provide monies for general purposes. The motion Carried with Alderman Puttick voting contrary on By-law Nos. 88-104, 88-105 and~as previously recorded under Report F-88-28; with Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 88-114, on conflicts of interest previously recorded under Report F-88-27; and with all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the following by-laws be now read a second and third time: 88-104 - A by-law to provide for the appropriations for the year 1988. No. 88-105 - A by-law to fix the rate of taxation for 1988 and to provide for the levying of taxes. No. 88-106 - A by-law to provide for the collection of taxes for the year 1988. 88-107 - A by-law to amend By-law No. 79-200, as amended. No. 88-108 - A by-law to amend By-law No. 79-200, as amended. No, 88-109 - 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. 8~ b No. ~i0 - A y-law to amend By-law No. 88-31, being an amendment to ~Btj,Mt~Np. 7~-200. No. 88-111 - A b~-law to authorize the execution of en agreement with Niagara Commercial Cutting for mowing weeds on private lots. 88-112 - A by-law to authorize the execution of an agreement with Earl Murchie. - 12 - go. 88-113 - A by-law to designate certain land not to be subject to part lot control. No. 88-114 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Puttick voting contrary on By-law Nos. 88-104, 38-105 and 88-106 as previously recorded; with Aldermen Campbell and Ninsperger abstaining from the vote on By-law No. 88-114, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF INT~ST: VIA Rail Stations Nhgara Falls - His Worship Mayor Smeaton advised Council that an announcement had been made regarding the extensive renovations and landscaping at the VIA Rail Station. Recycling Forum- Nay 30, 1988 - Alderman Harrington referred to the Recycling Forum scheduled for May 30th, 4988, with respect to attendance at the Forum. ITEMS OF CONCERN: Car Repairs - Pine Grove Avenue & gymass Street - Alderman Puttlck discussed a meeting which had taken place earlier today regarding cars being repaired and parked along the street in the area of Pine Grove Avenue and Symmes Street. He requested that a report be submitted. The Chief Administrative Officer stated that Staff had visited the residence where the repairs had been taking place, and that the Police had been contacted with a request that cars parked on the street in the subject area be ticketed. Jolley Cut - Alderman Janvary requested information regarding the status of the proposed improvements to the Jolley Cut. His Worship Mayor Smeaton advised that a report would be submitted at the next meeting of City Council regarding this matter. The Director of Municipal Works stated that the Municipal Works Committee agenda would include this item. Boulevard - Swayse Drive - Alderman Cummings discussed complaints he had received regarding the condition of the boulevard on Swayze Drive, with respect to a deep ditch, stagnant water, etc. He stated that he had visited the site and had found a 4 and 1/2 foot dip in the boulevards and furthers that the grass on the boulevard was being cut be elderly persons. The Chief Administrative Officer advised that the problems would be investigated and a report submitted. It was moved by Alderman Cummings, seconded by Alderman Coyills, meetlng adjourn. Carried Unanimously. that the TWENTY-FIRST MEETING SPECIAL PUBLIC MEETING Council Chambers May 16, 1988 Council met on Monday, May 16th, 1988, at 3:00 p.m. for the purpose of considering the Niagara Falls Tourism Impact Study. All members of Council, with the exception of Aldermen Campbell and art, were present. Mr. Blair Stevens, Director General of Research for Tourism Canada, presided as Chairman during the Press Briefing. He explained that in January, 1987, the Department of Regional Industrial Expansion (Tourism Canada) commissioned the preparation of a Regional Tourism Economic Impact Study for the City of Niagara Falls, and that the Study was funded by the Department of Regional Industrial Expansion, the City of Niagara Falls and the Niagara Falls, Canada Visitor and Convention Bureau. Mr. Stevens advised that a consulting team led by The Economic Planning Group of Canada, in association with Econometric Research Limited and Ruston/Tomany & Associates Ltd., was retained to undertake the assignment. An Information Brochure, containing a News Release, Backgrounder, and sn Executive Summary of the Tourism Community Development Initiative: Economic Impact Study, Niagara Falls, was distributed. Mr. Stevens reviewed the follow- ing information contained in the brochure; cost and three main components, as well as results of the Study. He discussed the initial expenditure of $504,652.00 million, by 10.9 million tourists in Niagara Falls in 1987, which supported 14,807 Jobs in Niagara Falls; generated $1.2 billion provided 27,900 person years of employment throughout the Province; as well as $186.76 million in taxes for Federal, Provincial and Municipal Governments throughout the Province. Mr. Stevens reviewed the spin-off benefits of tourfsm in Niagara Falls, with the assistance of an overhead projector, and responded to questions raised regarding taxes generated. The Press Briefing concluded at 4:05 p.m. The Honourable Bernard Valcourt, Minister of State for Small Business and Tourism; Mr. Rob Nicholson, M.P., His Worship Mayor William S. Smeaton, and Mr. D. Gordon Paul, President of the Niagara Fallss Canada Visitor & Convention Bureaus entered the meeting at 4:10 p.m. His Worship Mayor Smeaton introduced and welcomed The Honourable Bernard Valeanti. He discussed the importance of the Study and its reference to the need for parking, signing and pedestrian links. Mayor Smeaton expressed apprec- iation to the Minister of State, Mr. Gordon Paul and the Visitor & Convention Bureau, as well as the Economic Planning Group of Canada. Mr. Gordon Paul expressed appreciations on behalf of the Bureau, for the opportunity of participating in the Studys and discussed the importance of tour~sm to Niagara Falls and Canada. The Honourable Bernard Valcourt expressed pleasure in his visit to Niagara Fallss referred to the efforts of Mr. Rob Nicholsone M.P. on behalf of tourism in Niagara Fallsl and discussed the Tourism Study as a "ground-breaking initiation partnership of the public and private sectors". He stated that the Study was a "solid research foundation for measuring tourism impact expenditures and a planning and development tool for communities wanting to attract more touriqm investment. The Minister of State discussed the background of the StudX;"%be impact of the tourism dollars spent and the spin-off effect; as well as gufa~'~s4~r4~pXoving. tourism in Niagara Falls~ enabling developers to approach institutions for financial proposals. Mr. Rob Nicholson referred to the Minister of State's previous visit to Niagara Falls in 1986 for the openin~ of the Festival of Lights. Me expressed pleasure in participating in the announcement of the Study; discussed tourism dollars expended~ and the spin-off effect| and expressed appreciation to the - 2- Minister of State, to individuals and businesses for information provided, as well as the efforts of Mr. Paul and the Niagara Falls, Canada Visitor & Convention Bureau. The Honourable Bernard Valcourt, Mr. Rob Nicholson, M.P., Mr. Gordon Paul, and His Worship Mayor Smeaton retired from the meeting. Mr. S. Gordon Philllps, Principal of The Economic Planning Group, Study Consultants, reviewed the Tourtsm Community Development Initiatives, Economic Impact Study, Niagara Falls, Volume I, Executive Summary. He discussed the the economic impact of year round expenditures, s total expenditure of $504,652.00 by tourists in 1987, and the impact Provincial and locally in terms of employment, income, taxes, and total output. Mr. Phillips further discussed the economic impact of tourism expenditures, a total expenditure by tourtam and businesses in the amount of $471,905.00, in terms of employment, tncome~ taxes, and total output. Ms. Judy Langer, Ruston/Tomany & Associates Ltd.; Ms. Sue Mathteu, The Economic Planning Group of Canada; and Mr. Atis Kubursi, President of Econometric Research Limited were in attendance. Ms. Langer discussed the Visitor Exit Survey, in terms of objectives, qualified respondants, fieldwork, tabulation, visitor and expenditure volumes for the survey period~ and origin of visitors. She stated that concerns expressed were signage, lack of parking and high prices. Ms. Mathieu advised that information was obtained from tourist businesses regarding expenditures, supplies, wages, utilities~ interest on mortgages, size, location and type of ownership of the business. She referred to tourism categories sections, i.e., accommodation, activities, restaurants, support services, etc.; discussed gross revenue, and the profitability of each section. Mr. Kubursi referred to Niagara Falls as "the centre of the universe", discussed the data obtained in the Study, and stated that the impact could be reviewed "from both the supply and input/output sides". Mr. Phillips referred to the presentation and highlights of the Strategy Report, Marketing Strategy implications of the Visitor Study, and expressed concern regarding the "small budget of the Visitor & Convention Bureau in comparison with other Municipalities". He reviewed the following recommendations: increase the length of stay by visitors; increase shoulder and off-season visitation; increase length of stay of off-season visitors; differentiate marketing in nearby and farther away markets; promote to the up-scale market; and strengthen the Visitor & Convention Bureau through funding. Mr. Phillips referred to the Lanmer-Fenco Repo~t, suggested the need for improvements in the City's transportation infrastructure, and stated that the accommodation industry should not be regulated nor restricted. He reviewed additional recommendations included in the Study~ and stated that a Study was being completed by consultants for the Niagara Parks Commission with respect to attractions on the Niagara Parkway. The meeting adjourned at 6:25 p.m. READ AND TWENTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #i May 16, 1988 Council met on Monday, May 16th, 1988, at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Campbell, were present. Alderman Janvary presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, E.C. WAGG, DEPUTY CITY CLERK REGULAR MEETING Council Chambers May 16, 1988 Council met on Monday, May 16th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Campbell, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, minutes of the meeting held May 9th, 1988, be adopted as printed. Carried Unanimously. that the DEPUTATION PROPOSED BBSINESS IHPROV~ AREA- Comunication No. 170 - Mr. Chorles Wood, President, Chippawa Business Association - Re: Proposed Business Improvement Area. The communication requests permission for Mr. Biff Lent, B.I.A. Steering Committee Chairman, to address Council regarding the establishment of a Business Improvement Area in the Village of Chippawa. Alderman err declared a conflict of interest because a member of her family has a business tn the area. Mr. Biff Lent discussed the need to establish a Business Improvement Area in order to develop a long range plan for the orderly development of Chippaws, and asked the assistance of Council in this regard. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the request be approved~ and authorization be given to proceed. The motion Carried, with Alderman err abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. YO!IR CIIILD IN SPORT - Mrs. Kathy Pierson, Chairman, Recreation Commission; and Mr. John MacDonald, Deputy Director of Parks & Recreation addressed Council with respect to the production of an 18 minute information Video for parents, coaches and educators~ entitled, "Your Child In Sport". Following a presentation of the Video, the Deputy Director of Parks & Recreation advised that copies have been provided to local sports groups~ and will be presented to Recreational Departments in the Province of Ontario. He stated that copies will be available through the Ministry of Tourism and Remreatton office. - 2- His Worship Mayor Smeaton expressed appreciation, on behalf of Council, for the efforts expanded to prepare the production. RAINBOW S!~IORS - 'CIIAT *N CHEM' - Mrs. Margaret Lampard, Convenor; and Mrs. Beth Diamond, Co-Convenor of the "Chat 'n Chew" Program for Senior Citizens, Disabled Persons and Nursing Home Residents in Niagara Falls, expressed their appreciation to City Council for the support received with regard to the program, and invited Council Members to visit and participate in the Program. His Worship Mayor Smeaton expressed appreciation to the ladies of Branch Royal Canadian Legion, and to the Director of Parks & Recreation who had asstS~e~ i~.estab~ishing the Program. ~% -~'~ .. UNFINISHED BUSINESS SWAYZE DRIVE DITCH PROBLB~f- Communication No, 171 (HANDOUT) - Petition Prom Residents of Swayze Drive - Re: Condition of Roadway. The petition, signed by 30 residents, requests that action be taken to improve the curbing and ditches on Swayze Drive. Alderman Cummings submitted the aforementioned petition to Council, on behalf of the concerned residents. It was noted that the concerns had been submitted to Council on May 9th, 1988 under New Business, and that a report was being prepared by Staff. CHIPPAWA O0I~UNII~ KKNEDIAL NEASUR~ FOR BASI~I~T FLOODING - Ng-88-75 - Henicipal Works Comittee - Re: Chippawn Community Remedial Measures for Basement Flooding. The report recommends the following: 1) That the report submitted by Delcan Corporation entitled, '*Chippawa Community Remedial Measures for Basement Flooding - 1988 Interim Report" (March 1988) be received; 2) That the City install approximately 1350 cubic metre, of additional storage capacity, split between King George V School property and Riverview Park, at an estimated cost of $500,000.00, shown as alternative No. 2, Attachment No. 2; 3) That Delcan be authorized to proceed immediately with the preparation of contract drawings and specifications for the recommended works; 4) That Staff be authorized to enter into an engineering agreement with Delcan Corporation for the above work; and 5) That the capital expenditure by-law for the remedial works. be approved. Following a discussion regarding the alternatives presented in the report, His Worship Mayor Smeaton stated that the DIrector of Engineering for the Region, Mr. Con Eidt, had indicated that the concept of storage tanks would proceed as soon as possible, and further, that he would be keeping in touch with Regional Councillor Metraft, who is on the Regional Municipal Works Committee. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen thee,man, Coyills, Cummingss Harringtons Hinsperger~ Hopkins, Janvary, Orr and Pay. NAYE: Aldermen Baker and Puttick. See By-law No.' 88-121. ACQUISITION OF ADDITIONAL LAND lmOR =A-a'sm~lON 1'O CROWLAND PARK - (>-88-09 - (HANDOUT) - Chief Administrative Officmr - Re: Acquisition of Additional Land for Extension of Crowland Park, The report recommends that Council pass the by-law appearing on. tonight's ngenda authorizing the acquisi- tion of approximately 4 acres of land for use in conjunction with the existing Crowland Park, -3- ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen Orr and Puttick. See By-la__w No. 88-118. COMMUNICATIONS No. 172 - Chippawa Herchants Jr. C Hockey Club - Re: Requested Changes at Niagara South Arena. The communication requests a number of alterations to the Niagara South Complex in order to better accommodate the Hockey Club. During the discussion, it was pointed out that the concerns appeared to be legitimate, that the Club was a part of the Chippawa community, and that the alterations were needed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and referred to Staff. CarriedUnanimously. No. 173 - Chippawa Volunteer Firefighters Association- Re: Niagara District Firefighters Association Convention - June 24th and 25th, 1988, Chippawn Fire Hall. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a special occasion permit to the Chfppawa Volunteer Firefighters Association, in conjunction with the Niagara DIstrict Firefighters Association Convention, to be held at the Chippawa Fire Hall, 8696 Banting Avenue, formerly Chtppawa, now Niagara Falls, on June 24th and 25th, 1988, subject to the approvai of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously~ No. 174 - Chippawa Volantset Firefighters Association- Re: Molson's Slo-Pitch Tournament - July 7 - 10, 1988, Chippawn Fire Hall. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a special occasion permit to the Chippawn Volunteer Firefighters Association, in conJuction with the Molson's Slo-Pitch Tournament, to be held at the Chippawn Fire Hall, 8696 Banting Avenue, formerly Chippawa, now Niagara Falls, on July 7th, 8th, 9th, and 10th, 1988, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 175 - G.N.B.A. - Re: Greater Niagara Baseball Association Oldtimers Three-Pitch Tournament - August 13 and 14, 1988, Houck Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a special occasion permit to the Greater Niagara Baseball Association, in conjunction with the G.N.B.A. Oldtimers Three-Pitch Tournament, to ha held on August 13th and 14th, 1988, at Houck Park, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. .Carried Unanimously; No. 176 - Doento~nNiagara Falls, Board of Management - Re: Membership Meeting - Centennial Square, City Hall, June 16th, 1988~ from 12z00 noon to 2':00 p.m. The communication requests permission to tmld a luncheon at Centennial Square on the above mentioned date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be approved and that the Board contact Staff respecting requirements. Carried Unanimously. No. 177 - British-Canadian Veterans Association - Re: 50th Anniversary of the B.C.V.A., June 18, 1988. The communication requests the temporary closing of Kltchener Street, from Victoria Avenue to MacDonald Avenue, for the formation of a parade to celebrate the aforementioned event. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pays requests be granted, subject to the approval of other authorities. Carried Unanimously. that the No. 178A - Andre~ S. Brandt, M.P.P. - Re: Sunday Shopping in Ontario - Bill 113. The communication asks that Council review the attached legislation and submit comments. - AND - No. 178B - Honourable John Eakine, Minister of Municipal Affairs - Re: Retail Business Openings. The communication attaches a copy of Bill 113, and refers to Committee Hearings on the Bill to provide Municipalities with an opportunity to comment. During the discussion that followed, it was pointed out that Council had endorsed a "one pause day in seven" policy at a previous meeting, excepting the area of Clifton Hill through Lundy's Lane which is designated a tourist area. The City Solicitor advised that the exemption for the Sunday opening of busi- nesses in the tourist area of Niagara Falls would expire in January 1994, unless the Region passed another exemption for the tourist section. ~RDERED on the motion of Alderman Hopkins, seconded by Alderman Herrington, that Mayor Smeaton be authorized to draft a letter of response, to be submitted at the next meeting of City Council, outlining the position of Council regarding Sunday shopping in the City of Niagara Falls. Carried Unanimously. REPORTS PD-88-78 - Environmental Planni~ Committee - Re: F.C.M. Conference, June 3 - 6, 1988 iu Halifax. The report recommends that Alderman D. Covtlle represent the City at the F.C.M. Conference in Halifax. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. PD-88-79 - Chief Administrative Officer - Re: Proposed Land Exchange for St. Mary's Street Extension. The report recommends that Council authorize Staff to pursue the concept of a land exchange with Pagebrook Realty Fund or Subsidiary Company for lands on Thorold Stone Road. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hiuaperger~ that the report be received and adopted. Carried Unanimously. PD-88-80 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control - Lot 65; and Lots 81, 82s 86 and 87, Wildrose Crescent - Drummond Park Village (R.P. M-77). The report recommends that the request from J.R. Boyce, on behalf of Delcor Constrnctious to exempt from Part Lot Control Lot 65 (Registered Plan M-77); and that the request from R. Lewaudowski~ on behalf of Kenmore Homes (1987) Inc., to exempt from Part Lot Control Lots 81s 82, 86 and 87 (Registered Plan M-77), be approved and that Council pass the appropriate by-law to designate the aforesaid lands as exempt from Part Lot Control. Alderman Coville declared a conflict of interest because her place of employment has a business interest in Drummond Park Village. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger that the report be received and adopted. The motion Carried with Alderman Covllle abstaining from the vote on a conflict of interest previously recordeds and with all others voting in favour. See By-law No. 88-120. g-88-13 - Chief Adsaluistrative Officer - Re~ Playground Equipment, The report recommends that Paris Playground be awarded the contract to supply and install Playground Equipment totalling $12s612.95s and that Belair Recreational Products be awarded the contract to supply and install playground equipment totalling $1s500.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herringtons that the report be received and adopieS, Carried Unanimously. -5- R-88-14 - Recreation Commission - Re: 1988 Summer Ice Schedule. The report recommends that the attached schedule for the use of Summer Ice hours at Stamford Memorial Arena be approved by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously__. R-88-15 - Chief Administrative Officer - Re: Monthly Public Swimming Report - Y.M.C.A. The report provides statistical data pertaining to public swimming pool attendance, from March 1st to April 30th, 1988, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously_. R-88-16 - Chief Administrative Officer - Re; Jack Bell Arena. The report recommends that the tender of Cimco-Lewis Ltd. in the amount of $15,135.12, (including Provincial Sales Tax), to replace the brine headers at the Jack Bell Arena be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 41. R-88-17 - Recreation Commission- Re: Provincial Grant For Coronation Recreation Centre Project. The report recommends that the Council request the Province of Ontario, through the Honourable Vince Kerrlo, to reconsider funding for the Coronation Recreation Centre Project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously~ B-88-29 - Chief Administrative Officer - Re: Fast Tracking - Building Permits. The report recommends that the Buildings and Inspections Department be authorized to implement a system of "fast tracking" with respect to the issuance of building permits, subject to the following terms: 1) That all building permit applicants be offered the opportunity of "fast tracking"; 2) That the fee for "fast tracking" be increased by 50% over the normal applicable permit fee; 3) That the procedure be in effect on a trial basis for six months; 4) That the policy be authorized by by-law. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously~ B-88-32 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for April 1988. The report provides information regarding Permits Issued and Highlights for April 1988, as well as May 1988 proposals. ORDERED on the motion of Alderman Orrs seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. B-88-35 - Chief Administrative Officer - Rez Administration Weed Inspector. The report recommends that the City's administration costs of $80.00 be added to the actual costs of the weed mowing and spraying of private lots. ORDERED on the motion of Alderman Cummingss seconded by Alderman Pays that the report be received and adopted. Carried Unanimously. N~-88-72 - Chief Administrative Officer - Re: Contract R.C. 11-88 - Base and Finished Road & Sidewalk Construction in Various Subdivisions. The report recommends that the unit prices 8ubmitted by the low tenderere Northland Bitulithic Limiteds be accepted and that this contract be awarded. Alderman Coville declared a conflict of interest because her place of employment has a business interest. -6- ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Coyills abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. See Resoluton No. 42. See By-law No. 88-119. Ng-88-76 - Chief Adsinistrative Officer - Re: Household Hazardous Waste Day. The report recommends that Tricil Environmental Management be awarded the contract for Household Hazardous Waste Day. ORDERED on the motion of Alderman Gorilla, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. F-88-28 -Chief Administrative Officer - Re: Municipal Accounts. The report racommends that the accounts totalling $250,712.83 for the period ending May 16th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 32453 because he is employed with the company. Additional information was provided on Cheque No. 32553. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 32453, on a conflict of interest previously recorded; with Alderman Puttick voting contrary on Cheque No. 32464; and with all others voting in favour. See By-law No. 88-122. PD-88-81 (HANDOUT) - Environmental Planning Committee - Re: Environment Week Activities - A Further Update. The report, which was approved earlier on this date by the Environmental Planning Committee, provides information regarding action taken respecting a Bus Tour and Slide-Tape Presentation for Environment Week, as well as Household Hazardous Waste Day, Environment Week Buttons, and Financing, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. Mg-88-73 (HANDOUT) - Chief Administrative Officer - Re: Supply and Application of Calcium Chloride for Dust Control and Road Stabilization. The report recommends that the unit prices submitted by Pollard Bros. Ltd., for the supply and application of calcium chloride for dust contro~ and road stabiliza- tion, in the amount of $252.33 per tonne of liquid calcium chloride, be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See Resolution No. 43. RESOLUTIONS No. 41 - CU~INGS - HINSPi~!I- RESOLVED that the unit prices submitted by Cimco-Lewis Ltd. for replacement of the brine headers at the Jack Bell Arena, at the low tendered amount of $15s135.12~ be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 42 - PAY -BINSPERGmm- RESOLVED that the unit prices submitted by Northland Bitulithic Limited, for Contract R.C. 11-88 - base. and finished road and sidewalk construction in various subdivisions, at the low tendered amount of $343,797.88, be accepted; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded~ and with all others voting in favour. -7- No. 43 - CUI~INGS - CDVILLE - RESOLVED that the unit prices submitted by Pollard Bros. Ltd., for the supply and application of calcium chloride for dust control and road stabilization, in the amount of $252.33 per tonne of liquid calcium chloride, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously~ No. 44 - CUMMINGS - BAKER - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause noxious weeds or weed seeds on any subdivided portion of the Municipality and lots not exceeding ten acres, whether or not the lots are part of a plan of subdivision, to be destroyed in the manner prescribed in the regulations made under the Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 45 - C~R~INGS - BAKER- RESOLVED that Information Niagara, in 1988, will receive $3,600.00 over and above the normal operating grant, for the purpose of augmenting a Ministry of Culture and Communications Project Grant for an intern- ship training position at Information Niagara, and that this funding has been included in the 1988 Operating Budget by the City; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 46 - HARRINGTON - OER- RESOLVED that a message of condolence be forwarded to the family of the late Mr. Robert G. Erwin, former Coach at A.N. Myer Secondary School, and a highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 47 - HARRINGTON - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Mr. William Michael Hunks, formerly active in Minor Sports, and a well respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-115 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara ~Falls Planning Area. (AM-7/88 Frank Gallo). No. 88-116 - A by-law to amend By-law No. 79-200, as amended. (AM-7/88 Frank Gallo~ Proposed Commercial Plaza, west sfde of Drummond Road, north of Glengate Street; Application approved by Council March 15, 1988). No. 88-117 - Withdrawn. No. 88-118 - A by-law to authorize the acquisition of land for park purposes, NO. 88-119 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited for base roade~ finished roads and sidewalk construction in Kingsview Subdivision, Drummond Park Village II Subdivision, Parkway Gardens Stage III Subdivision, Lexington Court and surface asphalt in Parkway Gardens I1 Subdiv- ision. (Report NW-88-72 considered by Council Nay 16, 1988). -8 - 88-120 - A by-law to designate certain land not to be subject to part lot control. (Lots 65, 81, 82, 86, 87, Plan M-77). No. 88-121 - A by-law to authorize the construction of a sanitary sewer relief system in the Chippawa area as improvements and extensions to the sewage system in the Urban Service Areas of the City. No. 88-122 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Orr and Puttick voting contrary on By-law No. 88-118; with Alderman Coville abstaining from the vote on By-law Nos. 88-119 and 88-120, on a conflict of interest previously recorded under Report Nos. MW-88-72 and PD-88-80 respectively; with Aldermen Baker and Puttick voting contrary on By-law No. 88-121; with Alderman Hinsperger abstaining from the vote on By-law No. 88-122 on a conflict of interest previously recorded under Report No. F-88-28; with Alderman Puttick voting contrary on By-law No. 88-122 as previously recorded under Report No. F-88-28; and with all others voting in favour. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the following by-laws be now read a second and third time. No. 88-115 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 88-116 - A by-law to amend By-law No. 79-200, as amended. No. 88-117 - Withdrawn. Me. 88-118 - A by-law to authorize the acquisition of land for park purposes. No. 88-119 - A by-law to authorize the execution of an agreement with Northland Bitulithtc Limited for base roads, finished roads and sidewalk construction in Kingsview Subdivision, Drummond Park Village II Subdivision, Parkway Gardens Stage III Subdivision, Lexington Court and surface asphalt in Parkway Gardens II Subdiv- ision. No. 88-120 - A by-law to designate certain land not to be subject to part lot control. No. 88-121 No. 88-122 - A by-law to authorize the construction of a sanitary sewer relief system in the Chippaws area as improvements and extensions to the sewage system in the Urban Service Areas of the City. - A by-law to provide monies for general purposes. The motion Carried with Aldermen Orr and Puttick voting contrary on By-law No. 88-118; with Alderman Covllle abstaining from the vote on By-law Nos. 88-119 and 88-120 on a conflict of interest previously recorded; with Aldermen Baker and Puttick voting contrary on By-law No. 88-121; with Alderman Hinsperger abstain- ning from the vote on By-law No. 88-122 on a conflict of interest previously recorded; with Alderman Puttick voting contrary on By-law No. 88-!22 as previously recorded; and with all others voting in layout. NEW BUSINESS II~SOF I~x'mtF~T: Miss Nisgara, Shannon Cbesney - Alderman Cummings referred to the Miss Niagara Pageant, which had been held on May 17th, 1988, and the new Miss Niagara, Miss Shannon Chesney, a Fort Erie resident. He further referred to the first runner-up, Miss Robin Ouzuuoff, daughter of Mrs. Sandy Ouzunoff, a City employee iu Mayor Smeaton's Office, and asked that congratulations be forwarded to the winning contestants. -9- Found Money Returned - $48,900.00 - Alderman Puttick referred to a recent newspaper article which contained information regarding the finding of $48,9800.00 U.S. funds by two garbage collectors in the Borough of Queens, New York City, and subsequent to the money being submitted for return to the owner, the finders being ridiculed in the press. He stated that Mr. Gordon Paul of the Visitor & Convention Bureau had offered to sponsor the two collectors and their wives, to three free days in Niagara Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman ttarrlngton, that the finders and their wives be contacted with an offer of three days free lodging in Niagara Falls, in recognition of their honesty. Carried Unanimously. II~ OF CON~E~N: Drainage Ditch - Thorold Stone Road - Alderman Harrington initiated a discussion regarding the drainage ditch on Thorold Stone Road, which had been considered at the Council meeting held on May 9th, 1988. Mr. Alex Pupp, 8157 Michael Street; Mr. Brian Crocker, 8163 Michael Street; and Mr. Ron Douglas, 8147 Michael Street; residents of the subject area, were in attendance. They expressed their concerns with respect to the depth of the ditch, children riding bicycles and playing in the dangerous area, water in the ditch with mosquttos and other insects creating a health hazard, discussed previous action taken regarding the matter, and asked that action be taken to resolve this dangerous situation. Following a discussion of action recently taken to secure the safety of the area~ it was moved by Alderman Cummings, seconded by Alderman Herrington, that Staff be authorized to submit a report, containing a cost estimate of fencing the hazardous area, at the next meeting of City Council. Carried Unanimously. Signing- Days Inn- Alderman Puttick referred to a by-law adopted by Council, with regard to parking at Days Inn, and a complaint received from a resident of the area respecting the signing. During the discussion, Alderman Orr requested that action be taken immediately to resolve this long-standing problem. ***** It was moved by Alderman Cheesman, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, .... TWENTY-THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #1 May 30, 1988 Council met on Monday, May 30th, 1988, at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Baker, were present. Alderman Pay presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND TEDs REGULAR MEETING Council Chambers May 30, 1988 Council met on Monday, May 30th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Baker, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the Special Meeting and the regular meeting held May 16th, 1988, be adopted as printed. Carried Unanimously. PRESENTATIONS ONTARIO WA81~ MANA~]~ OORPORATION- His Worship Mayor Smeaton welcomed Mayor Stan Pettit of Wainfleet, and the Chairman of the Regional OWMC Steering Committee, to the meeting. His Worship Mayor Pettit reviewed the historical background, and activities of the Ontario Waste Management Corporation, and the Regional OWMC Steering Committee. He stated that the hazardous waste facility proposed for West Lincoln by the OWMC would be the second of its kind in Canada, the first having been established in Swan Hills, Alberta, in 1987. Mayor Pettit referred to the "time consuming reports", technical analysis, benefits, health risks, economic and social impactss as well as transportation risks and costs of the proposed disposal sites and stated that the facility was being reviewed under the Ontario Environmental Assessment Act. Mayor Pettit introduced Mr. George Vanne~ C.R.A. Consultants, Project Manager in the Regional Headquarters office. His Worship Mayor Smeaton welcomed Mr. Vance, and expressed appreciation to Mayor Pettit on behalf of Council. "STATM OF THE NIAGARA FALLS MNVIROI~!ENT" - The Planner II introduced Lynne Simon and Wen Kinghorn, summer students in the Planning Department. She advised that Environment Week, May 30th to June 4th, 1988s began today, and that Environmental buttons~ designed by Lynne were being distributed in Niagara Falls, Canadas and Niagara Fallss New York. A slide/tape presentation entitled "State of the Niagara Falls Environment" which had been prepared by Lynne Simon and Was Kinghorn~ was demonstrated with the assistance of an overhead projector. Mayor Smeaton expressed appreciation for the presentation. -2- 3 DEPUTATIONS ~T. PABL AVEqUE WATER PROBLEM- Communication No. 179 - Regional Niagara Hnalth Services Department - Re: St. Paul Avenue Water Problem. The communication advises that the Department has asked Dr. Herding leRiche to further investigate potential health effects of the subject water problem. Mr. Wayne Pine reviewed a written submission which contained his concerns regarding the water, and actions taken to resolve the potable water problem on St. Paul Avenue. "His Worship Mayor Smeaton, and the Director of Municipal Works responded to quest~qns raised~y Mr.,Pine;' Mayor Smeaton stated that the Reglonal Director of Eng~n'ee~I~:~d ~is Staff had worked in coordination with the City of Niagara Falls. in actions taken to resolve the water problem; advised that he u~4erstood the Ministry of the Environment had been contacted with a request for participa- tion; and that he had personally contacted the Medical Officer of Health asking for assistance from Federal authorities. .The Director of Municipal Works replied to concerns regarding the involvement of the Regional Municipality of Niagara, and the Ministry of the Environment, in the investigation of the water problem. He explained the actions taken with regard to the car wash, the distribution system, and chlorin- ation of the water system. PLUHBING REGULATIONS - Communication No, 180 - CyMciluigan - Re: Plumbing Regulations. The communication requests permission to address Council regarding plumbing concerns. Mr. McGuigan reviewed his investigative activities in connection with the St. Paul Avenue water problem. He discussed concerns regarding the qualifications for plumbers and plumbing inspection in the City. His Worship Mayor Smeaton asked Mr. McGutghan to submit, in writing, concerns he might have regarding any contravention to the plumbing code, and investigative action will be taken to ensure that plumbing in Niagara Falls is performed according to the standards set by the Ontarlo plumbing code. UNFINISHED BUSINESS SALE OF REPLICAS OF WEAPONS - Communication No. 181 - Niagara Regional Police Force - Re: Resolution of Cambridge City Council pertaining to the sale of Replicas of Weapons. The communication recommends that the Council of the Regional Municipality of Niagara support, in principle, the intended purpose of the Resolution of Cambridge City Council to restrict the availability of replicas of weapons, and suggests that this issue be the subject of further study. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed, and the resolution of the City of Cambridge be supported. Carried Unanimously. RACE ~I~.ATIONS PROGRA~!E - Co~ication No. 182 - Social Pining Council of Niagara Falls - Re: Federation of Canadian Municipalities Race Relations Programme. The communica- tion recommends that the programme be investigated further in order to discern the exact nature of this programme, and requests that the Social Planning Council be apprised of new developments and receive any further available information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the communication ba received and filed. Carried Unanimously. BINGO OPERATIONS IN NII]AIA FALLS - Report No. CB-88-26 - Chief Adsiuistrative Officer - Rei Bingo Operations in Niagara Falls. The report recommends that the recommendations contained therein, relative to the operation of Bingo Lotteriee~ be adopted by City Council. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. The Bingo Inspector replied to questions raised regarding the holding of bingos on Statutory Holidays. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. Bill 113 - AN ACT TO AHEND ~HE RETAIL BUSINESS HOLIDAYS ACT- Report No. CD-88-27 - Chief Administrative Officer - Re: Bill 113 - An Act To Amend The Retail Business Holidays Act. The report recommends the following: 1) That the City of Niagara Falls maintain its support for "One Pause Day in Seven"; 2) That the City of Niagara Falls object to the removal of the exemption for legitimate Tourist Areas; 3) That these positions be communicated to the Association of Municipalities of Ontario, the Honourable David Paterson, Premier; the Honourable John Eakins, Minister of Municipal Affairs; Mr. Andrew S. Brandt, Leader of the Progressive Conservative Party of Ontario; and the Honourable Vincent Kerrio, Minister of Natural Resources, M.P.P., Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, and further, that Recommendation No. 3 be amended to include the Regional Municipality of Niagara. Carried Unanimously. COMMUNICATIONS No. 183 - Kingsbridge Theatre on the Square - Re: Bingo Ltcence. The communication requests permission to operate a bingo at the Diamond Bingo Hall as an exclusive licerice for the Wednesday Midnits Madness Bingo. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. Alderman Hopkins declared a conflict of interest because he is involved with the group. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be received and the request approved. The motion Carried with Aldermen Cummings and Hopkins abstaining from the vote on conflicts of interest previously recorded; and with all others voting in fayour. No. 184 - Do~ntmmNiagara Falls, Board of N-nsgement - Re: Motorcycle "Ride-in-Show". The communication requests permission to hold a custom-built and vintage motorcycle show at the Centennial Square, with refreshments, on June 18th~ 1988 between 11:30 a.m. and 3:00 p.m. Mrs. Harg Nagy, Co-ordinator of the Downtown Board of Management, was in attendance. Mr. Mike Gnuthief had been involved in an accident and was unable to attend. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the request be approved. Carried Unanimously. No. 185 - United Nay of Niagara Falls - Re: United Way 1988 Campaign. The communication requests permission to fly three street banners, from October 1st to November 12th, 1988, for the Campaign. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject to the approval of other authorities. Carried Unanimously. -4- No. 186 - City of Niagara Falls, Nun-Profit Housing Corporation- Re: Activities and Annual Report. The communication attaches a copy of the Corporatton"s Annual Report and provides information regarding activities as well as Board Nembarship, ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 187 - RegionaX Niagara Planning & Development Department - Re: 1987 Year-end Summary of Regional Subdivision Applications. The communication attaches Memo No. 1381 outlining subdivision activity in the Niagara Region during 1987. ORDERED on the motion of Alderman Cum3nings~ seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 188 - Niagara Palls Public Library- Re: Proclamation. The communication requests Council to proclaim October 17th to 23rd, 1988, as "Public Library Week in Niagara Falls". ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved subject to established policy. Carried Unanimously. No. 189 - Deborah Deller, Clerk of the Comaittee, Standing Committee on General Government - Re: Bill 106, An Act to Amend the Municipal Elections Act and the Municipal Act. The communication advises that the Standing Committee on General Government will give consideration to Bill 106 on May 12th, 1988~ and tnvltes written comments prior to May 31st, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed, and further, that the Clerk be authorized to write the Committee with information regarding activities in the City of Niagara Falls. Carried Unanimously. No. 190 - James Neath, Chairman, Area Hunicipalities Waste Naangement Steering Committee, (Deputy-Reeve, Corporation of the Township of Tecumseth) - Re: Waste Management Master Plans. The communication asks Council to endorse a resolution supporting the concerns of the Committee. ORDERED on the motion of Alderman Coyills, seconded by Alderman Herrington, that the communication be referred to Staff for a report. Carried Unanimously. No. 191 - Bill Wiltshire, Chairman, Goulais River Disaster Relief Committee - Re: 1988 Flood of Coulais River. The communication requests financial asSiStance. ORDERED on the motion of Alderman Covllle, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 192 - Operation Dismantle (Inc.) - Re: Campaign to Stbp Nuclear Submarine Program. The communication requests support, in the form of a resolu- tion calling for cancellation of the program, publicizing opposition to the program, and by holding a news conference in cooperation with a representative of Operation Dismantle or an affiliated group. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman~ that the communication be received and filed. The motion Carried with the fol!owina vote: . AYE: Aldermen Campbell, Cheesman Coville, Cummings, Hinsperger, Hopkins, Janvary~ Orr~ Pay and Putt~ck. ' NAYE: Alderman Harrington. No. 193 - 8alpietrangelo, Niagara Palls Bydro, Local 636 - Re: Slo-Pitch Tournament - June 17th and 18th, 1988 - Chippaws Lions Hall. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger~ that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara Falls Hydro - Local 636 Committee, in conjunction with the 'F -5- Slo-Pttch Tournament, to be held on June 17th, and 18th, 1988, at the Chippaws Lions Hall, Welland Street, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 194 (HANDOUT) - Bruce J. Peters, Chtppawa Lions Club - Re: Annual Lions Carnival - June 8th to llth, 1988, Lions Community Centre. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that Council indicate it has no objection to the issuance of a special occasion permit to the Chippawa Lions Club, in conjunction with the Annual Lions Carnlval~ to be held on June 8th~ 9th, 10th, and llth, 1988, at the Lions Community Centre, Welland Street~ Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 195 (HANDOUT) - Hike Long, Bar Chairman, Pro-Hockey SloPitch Committee - Re: Pro-Hockey Slo-Pitch Tournament - June 23rd to 26th, 1988, Park Hotel. The communiaation requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that Council indicate it has no objection to the issuance of a special occasion permit to the Pro-Hockey Slo-Pitch Committee, in conjunction with the Pro-Hockey Slo-Pitch Tournament~ to be held on Thursday~ June 23rd 1988, from 2:00 p.m. to 10:00 p.m.; on Friday, June 24th, 1988, from 9:00 p.m. to 1:00 a.m.; on Saturday~ June 25th, 1988, from 9:00 p.m. to 1:00 a.m.; and on Sunday, June 26th, 1988~ from 4:00 p.m. to 10:00 p.m.; at the Park Hotel, Niagara Falls, subject to the approval of the Regional Police Department~ the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Beard of Ontario. Carried Unanimously. REPORTS PD-88-82 - Chief Administrative Officer - Re: Zoning Amendment Application AM-9/87 Oakes Drive Hotel, Buchanan Avenue & Portage Road. The report recommends the following: 1) 2) That Council reaffirm support of the proposed Zoning By-law Amendment as detailed in Report PD-87-63, (Attached); That the condition which required that the applicant enter into a development agreement with the Municipality respecting the interception of storm water run-off, as addressed by the Municipal Works Department, not apply; 3) That the Zoning By-law to permit the construction of an extension to the parking structure over the railway lines, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay~ that the report be received and adopted. Carried Unanimously_~. See By-law No. 88-133. PD-88-83 - Chief Administrative Officer - Re: Exemption from Part Lot Control - 687867 Ontario Limited~ Crimson Drive - Drummond Park Village. report recommends the following: The 1) That approval be granted to the revised relotting scheme for lots on the north and south sides of Crimson Drive as outlined in this report; 2) That Staff be directed to prepare the required agreements and by-law. Alderman Covllle declared a conflict of interest because she has a business interest, 6 ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. R-88-18 - Chief Administrative Officer - Re: Tuflex Resilient Floor Tile. The report recommends that approval be given to place an order with Crystalplex Plastics Limited for the purchase of Tuflex rubber floor tiling for the change- room facilities at the Niagara Palls and Jack Bell Arenas. The cost for this order will be $15,390.00 including all taxes and delivery. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnspergers . that the report be received and adopted. Carried Unanimously. See Resolution No. 48. R-88-19 - ~hlef Adainistrative Officer - Re: Swimming Pool Chemicals. The report recommends that approval be given to place an order with Flexo Products Limited and Alto Products of Canada for the purchase of chlorine and other chemicals for the operation of the swimming pools. The cost of this order, inclu~iag taxes, will be $21,076.83, which has been included in the 1988 swimming pool operating budget. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-88-84 - Chief Administrative Officer - Re: Request to Delete Sidewalks in Moretie Estates Subdivision Phase III& Subdivision Sidewalks - Request for Revisions after Agreement. The Director of Municipal Works recommended that the report be withdrawn. ORDERED on the motion of Alderman Hinsperger~ seconded by Alderman Cummings, that the report be withdrawn. Carried Unanimously. MW-88-87 (HANDOUT) - Municipal Works Committee - Re: Contract R.C. 12-88 - Surface Roadway Asphalt Sidewalk Construction in Various Subdivisions. The reports recommends that the unit prices submitted by the low tendeter, Alfidome Construction Limited, be accepted and this contract be awarded subject to deletion of the sidewalk construction in the Moretie Estates Phase III Subdiv- ision. ORDERED on the motion of Alderman 3anycry, seconded by Alderman Coville~ that the report be received and adopted. Carried Unanimously. Ng-88-77 - Chief Administrative Officer - Re: Contract R.C. 12-88 - Surface Roadway Asphalt & Sidewalk Construction in Various Subdivisions. The report recommends that the unit prices submitted by the low tendeterr Alfidome Construction Limited, be accepted, and this contract be awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 49. See By-law No. 88-126. Ng-88-78 - Chief Adainistrative Officer - Re: Construction Agreement with Ontario Hydro for the Installation of Storm Sewers to Ontario Hydro Canal for the Proposed Mausoleum Site. The report recommends that Council pass the by-law on tmnight'e agenda authorizing the execution of the following: 1) An agreement between the City and Niagara River Construction Ltd., covering all conditions imposed by Ontario Hydro for the above installation; and 2) A Construction Agreement between Ontario Hydro and the City for the above noted installations. ORDERED on the motion of Alderman HinaperSer, seconded by Alderman Pay, that the report be received and adopted, Carried Unanimously. See By-law No. 88-129. 7 MW--88-80 - Chief Administrative Officer - Re: Easement Agreement on Ontario Hydro Lands, Adjacent to Ker Park for a Watermain Installation. The report recommends that Council pass the by-law on tonight's ageads authorizing the execution of the Easement Agreement noted above. ORDERED On the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-128. MW-88-82 - Chief Administrative Officer - Re: Contract S.R. 13-88 - 1988 Sidewalk Repairs. The report recommends that the unit prices submitted by the low tendeter, Alfidome Construction Limited~ be accepted and that the by-law appearing on tonight's agenda, awarding this contract, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimouslyl See Resolution No. 50. See By-law No. 8B-127. MW-88-85 - Chief Administrative Officer - Re: Portage Green Village Condomtnium, Herman Demote Builders Limited - File No. 26-CD-86005(1). The report recommends that the agreement between the City and 642217 Ontario Limited be approved and that the by-law appearing on tonight's ageads also be approved. Alderman Pay declared a conflict of interest because of a business interest. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report ha received and adopted. The motion Carried with Alderman Pay abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Orr and Puttick. NAYE: Alderman Janvary. See By-law No. 88-130. NW-88-86 - Chief Adainistrative Officer - Re: Contract A.P. 15-88 - Asphalt Patching; Contract C.M. 16-88 - Cold Mix Open Graded Resurfacfng; and Contract S.T. 17-88 - Surface Treatment. The report recommends the following: 1) That the unit prices submitted by the low tendeter, Circle P Paving Co. Ltd., for Contract A.P. 15-88s be accepted and this contract be awarded; 2) That the unit prices submitted by the low tendeter, NorJohn Lid., for Contract C.M. 16-88, be accepted and thls contract be awarded; 3) That the unit prices submitted by the low tendeter, NorJohn Ltd., for Contract S.T. 17-88, be accepted and this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 51. See By-law No. 88-137, By-law No. 88-138, and By-law No. 88-139. B-88-36 - Chief Adainistrative Officer - Re: Proposed 14 Storey 188 Unit Hotel, 6361 Buchanan Avenue - Agreement with Ritz Motel Ltd. The report recom- mends that the Council approve the by-law appearing on tonight's Council Agenda which provides for a signing of the Site Plan Agreement for the new Parkview Hotel, ORDERED on the motion of Alderman Pay~ seconded by Alderman Orrs that the report be received and adopted, Carried Unanimously, See By-law No~ 88-140. 8 CD-88-2g - L~ief Admionistrative Officer - Re: Encroachment - 4606-4612 Buckley Avenue. The report recommends that the application to permit the continuation of the encroachment of a building upon the Buckley Avenue road allowance be approved, and the necessary by-law be enacted by the City Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-131. F-88-30 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,309,068.14 for the period ending May 30th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 32695 because his wife is employed by the Board. Alderman Hinsperger declared s conflict of interest on Cheque Nos. 32604 and 32736 because he is employed with the Company. Alderman Puttick stated that he did not hove a conflict of interest on Cheqde No. 32711. Additional information was requested on Cheque No. 32664. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Cheesman and Hinsperger abstaining from the vote on Cheque Nos. 32695, 32604 and 32736 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 88-141 F-88-31 - Chief Administrative Officer - Re: Supply, Maintenance and Management of Waterworks. The report recommends that Council adopt the amend- ments to By-law No. 75-20, as amended, regulating the supply, maintenance and management of waterworks to reflect the 1988 water rate increases and proposed changes to water service rates - all to be effective June I, 1988. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-132. F-88-32 - Cider Administrative Officer - Re: Financing of Owners' Share of Local Improvements. The report recommends that the City finance the owners' share of completed local improvements in the amount of $66,310.39 for a term of ten years at an interest rate of 10.25% (current prime rate). ORDERED on the motion of Aldermen Janvary, seconded by Alderman herrington, that the report be received and adopted. Carried Unanimously. Alderman cheesman- Re: Tourist Industry Deve/opmment Board. The report recommends the following: 1) Thor His Worship, the Mayor, be requested to convene an Ad Hoc working group to consider the formation of a Tourist Industry Development Board, as recommended by the Tourism Economic Impact Study for Niagara Falls; and specifically, 2) Thor this working group be asked to make recommendations as to: s) (a) the mission or mandate of such a Board, (b) its goals and objectives, (c) its short, medium~ and long-ten direction, (d) its make-up, (e) its financial implications, and (f) any other matters deemed pertinent by the working group; and Thor this working group, having conducted its meetings, report its findings and recommendations to Council no later than September 30~ 1985. -9- - AND - N-88-11 - Nayor Willie S. g~eaton - Re: Tourism Economic Impact Study. The report asks Council's consideration with regard to an Ad Hoc working group to consider the formation of a Tourism Industry Development Board; states that the Board of Directors of the Visitor & Convention Bureau have been requested to form a similar group for review purposes; and the Federal Government will be asked to undertake a review. The report recommends inviting the Niagara Parks Commission to review the findings of the Study. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the reports be received and adopted, and further, that Mayor Smeaton be authorized to form an Ad Hoc working group to study the implementation of the Tourism report. Carried Unanimously. (~88-25 - CMef Ad~r[nistrative Officer - Re: Niagara Recycling Committee Inaugural Meeting. The report recommends the following: 1) That Council appoint one Staff person and one Member of Council as representatives of the City of Niagara Falls on the Niagara Recycling Committee; 2) That Mr. A. Lamb be named as the Staff representative to the Committee; 3) That the Member of Council be named at the discretion of Council; 4) That the Regional Municipality of Niagara be informed of the City's appointees. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that Alderman Hopkins be appointed as Council'a representative on the Committee. Carried Unanimously. ORDERED on the motion of Alderman Harrington, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. S-88-09 - Chief Adainistrative Officer - Re: Proposed Closing and Sale of Walkway 73(2) between Kuhn Crescent Westerly and Jones Street Road Allowance. The report recommends that Council take the following action with respect to the proposed closing of the public walkway between Kuhn Crescent and the Jones Street road allowance: 1) Pass the by-law appearing on tonight's agenda to authorize an agreement with the abutting owners respecting the sale and conveyance of parts of the walkway, when closed; 2) Pass the by-law to assume the walkway; 3) Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required notice of a by-law to authorize the closing and sale of the walkway; 4) Authorize the City Solicitor to instruct Matthews & Cameron Ltd., Ontario Land Surveyors, to undertake the preparation and deposit of a reference plan in the Land Registry Office showing the walkway divided into two parts. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-124, and BF-law No. 88-125. RESOLUTIONS No. 48 - 6~N[!~S - HINSPk~_-MR - RESOLVED that the unit prices submitted by Crystalplex Plastics Limited for the purchase of Tuflex rubber floor tiling for the chonge room facilities at the Niagara Falls and Jack Bell Arenas~ be accepted at the tendered amount of $15~390.00; AND the Seal of the Corporation be hereto affixed. Carried Unantmousl7. .... 10 - 10 - No. 49 - PAY - HINSPEI~ER- RESOLVED that the unit prices submitted by Alfidome Construction Limited for Contract R.C. 12-88 - surface roadway asphalt and sidewalk construction in various subdivisions, be accepted at the low tendered amount of $325,020.35; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 50 - C~IN~S - PAY - RESOLVED that the unit prices submitted by Alfidome Construction Limited, for Contract S.R. 13-88 - 1988 sidewalk repairs, be accepted at the low tendered amount of $133,579.80; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 51 - 6~SMMIl~S - HINSpMRmF~R- RESOLVED that the unit prices submitted by the followingz 1) Circle P Paving Co. Ltd., for Contract A.P. 15-88, for asphalt patching, at the low tendered amount of $47,850.00, be accepted; 2) 3) ~orJohn Ltd., for Contract C.M. 16-88, for cold mix open graded resurfacing at the low tendered amount of $248,818.40, be accepted; NorJohn Ltd., for Contract S.T. 17-88, for surface treatment, at the low tendered amount of $86,880.37, be accepted; ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 52 - (:MNGS - PAY - RESOLVED that a message of condolence be forwarded to the family of the late Walter Parks, a former Treasurer of the City of Niagara Falls Board of Museums, active historian, and United Empire Loyalist; and a highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 53 - JANVARY - COVII~E - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Earl Fraser Sweezey, a well respected member of the community, and father of Mrs. Norms Ktnghoru, a City employee in the Municipal Works Department; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. i No, 54 - PAY - ORR- RESOLVED that a message of condolence be forwarded to the famlly of the late James Fletcher Swayze, D.S.O., C.D., Q.C.; son of former Alderman Church Swayze, and a highly respected member of'the community; kND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the .following by-laws, and the by-laws he read a first time: 88-123 - A by-law to close a portion of Kitebauer Street to vehicular traffic on a temporary basis. No, 88-124 - A by-law to authorize an agreement with the owners Of land 'abuttiug the public walkway between Kuhn Crescent and the Jones Street road allowance, No. 88-125 - A by-law to assume a public walkway in Registered Plan N-59. - 11 - No, 88-126 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for surface roadway asphalt and sidewalk construction in Moretie Subdivision Stage III, Dorchester Village Subdivision Phase III, Carol Subdivision and Westway Subdivision. No. 88-127 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for 1988 sidewalk repairs and Mountain Road sidewalk. No. 88-128 - A by-law to authorize the execution of an easement with Ontario Hydro. No. 88-129 - A by-law to authorize agreements with Ontario Hydro and Niagara River Construction Limited. No. 88-130 - A by-law to authorize an agreement with 642217 Ontario Limited respecting the proposed Condomintum Subdivision at 6044 Swayze Drive. No. 88-131 - A by-law to allow the maintaining and using of a building which encroaches on Buckley Avenue. No. 88-132 - A by-law to amend By-law No. 75-20, as amended, to regulate the supply of water and to provide for the maintenance and management of the waterworks, and for the imposition and collection of water rates. No. 88-133 - A by-law to amend By-law No. 79-200, as amended. (AM-9/87 Oakes Drive Motel Limited, Buchanan Avenue & Portage Road; Report PD-gT-63 approved by Council May 11, 1987). No. 88-134 - A by-law to amend By-law No. 79-200, as amended. (AM-12/88 Pinewood Homes (Niagara) Limited, A & C Arcaro and J & M Colaneri; north side of Thorold Stone Road; Report PD-88-59 approved by Council April 11/88). No. 88-135 - 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 AC~, 1983. (AM-12/88, Pinewood, Arcaro & Colsnarl). No. 88-136 - A by-law to amend By-law No. 76-60, as amended, being a by-law respecting buildings and building permits. (B-88-29 approved by Council May 16/88). 88-137 - A by-law to authorize the execution of an agreement with Circle P Paving Ltd. for asphalt patching. No, 88-138 - A by-law to authorize the execution of an agreement with NorJohn Limited for the 1988 cold mix open graded resurfacing program. No. 88-139 - A by-law to authorize the execution of an agreement with NorJohn Limited for surface treatment of roads. 88-140 - A by-law to authorice a site plan agreement with Ritz Motel Limited. No, 88-141 - A by-law to provide monies for general purposes. No. 88-142 - A by-law to authorize the execution of an agreement with Tricil Environmental Management, a unit of Tricil (Sarnia) Limited. The motion Carried with Alderman Pay abstaining from the vote on By-law No. 88-130 on a conflict of interest previously recorded under Report No. MW-88-85; with Alderman Janvary voting contrary on By-law No. 88-130; with Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 88-141m on conflicts of interest previously recorded under Report No. F-88-30; and with all others voting in favour, - 12 - - 13 - ORDERED on the motion of Alderman Cummingss seconded by Alderman Hinsperger~ that the following by-laws be now read a second and third time: No. 88-123 - A by-law to close a portion of Kitchener Street to vehicular traffic On a temporary basis. No. 88-124 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Kuhn Crescent and the Jones Street road allowance. No. 88-125 - A by-law to assume a public walkway in Registered Plan M-59. No. 88-116 - A by-law to authorize the execution of an agreement with Alfidome Construction Lfmlted for surface roadway asphalt and sidewalk construction in Moretic Subdivision Stage III, Dorchester Village Subdivision Phase III, Carol Subdivision and Westway Subdivision. No. 88-127 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for 1988 sidewalk repairs and Mountain Road sidewalk. No. 88-128 - A by-law to authorize the execution of an easement with Ontario Hydro. No. 88-129 - A by-law to authorize agreements with Ontario Hydro and Niagara River Construction Limited. No. 88-130 - A by-law to authorize an agreement with 642217 Ontario Limited respecting the proposed Condomtnium Subdivision at 6044 Swayze Drive. No. 88-131 - A by-law to allow the maintaining and using of a building which encroaches on Bucklay Avenue. No. 88-132 - A by-law to amend By-law No. 75-20, as amended, to regulate the supply of water and to provide for the maintenance and management of the waterworks, and for the imposition and collection of water rates. No. 88-133 - A by-law to amend By-law No. 79-200, as amended. (AM-9/87 Oakes Drive Motel Limited, Buchanan Avenue & Portage Road; Report PD-87-63 approved by Council May 11, 1987). No. 88-134 - A by-law to amend By-law No. 79-200, as amended. (AM-12/88 Pinewood Homes (Niagara) Limited, A & C Arcaro and J & M Colaneff; north side of Thorold Stone Road; Report PD-88-59 approved. by Council April 11/88). No. 88-135 - 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-12/88. Pinewood, Arcaro & Colaneri). No. 88-136 - A by-law to amend By-law No. 76-60, as amended, being a by-law respecting buildings and building permits. (B-88-29 approved by Council May 16/88). No. 88-137 - A by-law to authorize the execution of an agreement with Circle P Paving Ltd. for asphalt patching. No. 88-138 - A by-law to authorize the execution of an agreement with NorJohn Limited for the 1988 cold mix open graded resurfacing program. ' No, 88-139 - A by-law to authorize the execution of an agreement with NorJohn Limited for surfact treatment of reads. No. 88-140 - A by-law to authortse a site plan agreement with Rltz Motel Limited. No. 88-141 - A by-law to provide monies for general purposes. .o. A by-law to authoriza the exeeutio. g ith rictl Environmental Management, a unit of iLimited. The motion Carried with Alderman Pay abstaining from the vote on By-law No. 85-130, on a conflict of interest previously recorded; with Alderman Janvary voting contrary on By-law No. 85-130; with Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 88-141, on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS I~ OF INTEREST: 1987 Niagara South Board of Education Annual Report - His Worship Mayor Smeaton referred to the aforementioned handout report, and advised that a copy was available if any members of Council were interested. ANO- Seminar/Affordable Housing - Alderman Chessman referred to the communication received from AMO regarding the Seminar on Affordable Housing scheduled for June 24th, 1988 at the Toronto Airport Marriott, 901 Dixon Road, Rexdale, Ontario. Alderman Coville suggested that the Non-Profit Housing Corporation of Niagara Falls be contacted to ascertain if a representative of that group would be attending the Seminar. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hfnsperger, that Alderman Chessman attend the Seminar. Carried Unanimously. ITEM OF OONCERN: Metro Toronto Garbage - Alderman Harrington expressed concern regarding a recent newspaper article which referred to the possibility of Metro Toronto transporting 90,000 tons of garbage to the landfill site of Occidental Chemical in Niagara Falls, N.Y. He expressed concern regarding pollution by air emission and its affect on this community. Following a discussion, it was moved by Alderman Cummings, seconded by Alderman Campbell, that the matter be tabled for further information. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville~ Cummings, Hinsperger, Hopkins~ Janvary and 0rr. NAYE: Aldermen Herrington, Pay and Puttick. AMO MEWS - Bill 100, An Act to Amend the Education Act - The Chief Administrative Officer referred to the Information for Council AMO NEWS item regarding Bill 100, and expressed concern that the Bill would eliminate the right of a Municipality to question or appeal to the Ontario Municipal Board the apportionment of an undue burden on the ratepayers of the Municipality. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the matter be referred to Staff for a report. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND A OPTED, .... j ~ TWENTY-FOURTH MEETING REGULAR MEETING Council Chambers June 6, 1988 Council met on Monday~ June 6th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Baker, Coville and Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman tlopkins, that the minutes of the regular meeting held May 30th, 1988, be adopted as printed. Carried Unanimously. WELCOME 24,T~1 NIAGARA (I/B TEO1)P - His Worship Mayor Smeaton welcomed representatives of the 24th Niagara Cub Troup, and one Brownie; as well as their leaders, Mr. John Glenhie, Baghears; Mrs. Jane Winget, Akela; and John Egger to the meeting. DEPUTATIONS GmK~.NIN~ (D~I'r~mg - His Worship Mayor Smeaton announced that Mr. George Dalby, who had intended to make a presentation this evening regarding the Greening Committee, had been unable to attend the meeting. SATn,LII~ HONES FOR Slff~IOR CITIZEBG - AND - COMMUNII"f SUPPORT SEKVICES - His Worship Mayor Smeaton welcomed Ms. Cartie Kay, R.N., Administrator of Satellite Homes for Senior Citizens; and Ms. Bey Goodman, Administrator of Community Support Services, to the Council meeting. Ms. Goodman submitted brochures for distribution which contained information regarding programs, facilities and services offered by the Regional Niagara Senior Citizens Department. She referred to the efforts made, and services offered, to assist people to remain in their own homes, and reviewed the specific needs of older folk. Ms. Kay discussed the Satellite Homes for Senior Citizens, as an alternative housing program provided by the Senior Citizens Department of Regional Niagara. His Worship Mayor Smeaton expressed appreciation, on behalf of Council, for the information provided. REPORT ON HOUSING FORUE- Communication No. 196 -liarlone LaForge, Chairperson, Social Justice Comttttee. Y.W,C.A. - Re: "Report on the Housing Forum - New Options". The communication provides a follow-up on the January 1988 Report eu the subject matter; expresses appreciation regarding actions taken by Council; and discusses further recommendations with respect to the Use of Food Banks, Innovative Solutions to Affordable Housing, and Land Banking for Low Cost Housing. Mrs. Margaret Harrington reviewed the communication and responded to questions raised. She submitted a film presentation regarding the Bethlehem Project iu St. Catharines, invited members to visit the facilitys and discussed the need for the facility, Ms. LaForge reviewed the Options with regard to Ways of Encouraging Low Cost Housingm as well as Hunger and Homelessaces, -2- His Worship Mayor Smeaton expressed appreciation on behalf of Council. He referred to the upcoming meeting with Premier David Peterson, the Minister of Housing, the Minister of Municipal Affairs, the Minister of Government Services, and representatives of other Municipalities. Mayor Smeaton stated that there was an in-depth review of legislation taking place at the present time, and referred to the assigning of Mr. gilt Farrow, Assistant Deputy Minister, Community Planning, Ministry of Municipal Affairs, to review the needs of individual Municipalities in the area of housing. Mrs. Saline Volpatti, President, Board of Directors, Social Planning Council, discussed the formation of the Coordinated Emergency Services (C.O.E.S.) in Niagara Falls. She advised that several innovations were being investigated at the present time, including programs in other Municipalities, and referred to the transient population of Niagara Falls having a greater need for an emergency food centre than some other areas. Mrs. Volpatti discussed the possibility of client referrals, abuse of the facility, client volunteer workers, and the keeping of records. She stated that the next food drive was scheduled for June 18th, 1988, and that drivers, vans and pick-up trucks were needed. Mrs. Volpatti expressed appreciation for the comments from the Social Justice Committee. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to the Task Force on Housing for consideration with the assistance of Mr. gilt Farrow and Planning Staff, and a report to Council. It was further recommended that the matter be referred to the Social Planning Council for comment. Carried Unanimously. DOGS RUNNING AT LARGE - Mrs. Erminia Welsh, 3118 Montrose Road, submitted information regarding the problems she had encountered with a neighbour's dogs, a German Shepherd, a Bouvier, and a Belgium Sheep Dog, being allowed to run at large, frightening children and adults, as well as destroying cages and pets. She discussed unsuccessful actions taken to restrict the dogs, and asked Council to take action "before children get hurt". Mrs. Stephanine Barmstone, whose children are receiving day care from Mrs. Welsh; and Mrs. Linda Bowman, a neighbout, expressed agreement with the concerns of Mrs. Welsh. A discussion followed regarding actions which might be taken to control situations of this kind: (1) the Municipal by-law covering vicious dogs; and (2) the Dog Licensing and Livestock and Poultry Protection Act, Provincial Legislation. Mr. Ron Liscum, Operations Manager, Humane Society of Niagara Falls, expressed the view that the local by-law does not include the protection of poultry. The Chief Administrative Officer stated that the owner of the dog had been asked to be in attendance this evening. He suggested?that action be implemented under the Provincial legislation. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that Staff be directed to proceed with action under the Dog Licensing and Livestock and Poultry Protection Act. Carried Unanimously. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that Staff be directed to review the current vicious dog by-law, that this be amended to include domesticated poultry, and a report submitted. Carried Unanimously. UNFINISHED BUSINESS BILL IO0-AN AGT~OAI~THKEDUGATION ACT- F-88-33 - Chief Administrative Officer - Re: Bill 100 - An Act to Amend the Education Act (1988 05 30)· The report recommends that Councir endorse the resolution appearing on this evening'8 uganda to oppose Bill 100, An Act to Amend the Education Act. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orrs that the report be received and adopted. Carried Unanimously. -3- REQUEST FOR FENCING AT W-5-2 WATERCOURSE BY AI~ PaiSIDIaqTS - MW-88-92 - Chief Administrative Officer - Re: Watercourse by Area Residents. (1988 05 16). following: Request for Fencing at W-5-2 The report recommends the 1) That the matter of fencing the recently improved portion of the W-5-2 watercourse through the Thorold Stone Acres Subdivision be deferred for one year; and 2) That the snow fencing erected along the south side of the watercourse be removed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Mr. Alex Pupp, 8157 Michael Street; Mr. Ron Douglas, 8147 Michael Street; and other residents expressed their continuing concerns regarding the danger of the watercourse to children playing in the area; indicated that they had not artended the Municipal Works meeting because they had understood that the fence would be erected; and stated that the residents in the area were "indignant" over the decision made at the Municipal Works Committee and the recommendations in the report. They asked that the decision regarding the watercourse be reconsidered, and that it be placed underground; and further, that samples of the water be taken to evaluate its content. It was suggested that the Ctty's Insurance Company should be contacted for advice respecting liability in this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the matter be tabled. The motion to table which took precedence, was Defeated with the following vote: AYE: Aldermen Campbell, Cummings, Herrington and Janvary. NAYE: Aldermen Chessman, Hopkins, Orr, Pay and Puttick. The motion to receive and adopt the report was Defeated with the following vote: AYE: Aldermen Cheesman, Hopkins, Orr, Pay and Puttick. NAYE: Mayor Smeaton, and Aldermen Campbell, Cummings, Herrington and Janvary. During the discussion, it was suggested that information be submitted concerning the rationale for the open channel; the liability of the Niagara Parks Commission regarding the lack of fencing on the Niagara River, and at the Weightman Bridge on the Welland River. Mayor Smeaton asked that the residents be notified when a further report is submitted to Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that Staff be directed to contact City's Insurance Company for information with respect to liability in this matter. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Chessman, Cummings, Herrington, Hopkins, Janvary and Pay. Aldermen Orr and Puttick. REQUEST FOR SUBSIDY/BUS ~JiI~AL - 0-88-11 - Chief Administrative Officer - Re: Request for Subsidy - Bus Terminal. The report recommends that Council pass the resolution on tonight's amends requesting subsidy funds ou the 1988 expenditures incurred for construc- tion of the new bus terminal. - AND - Communication No, 197 - Niagara Transit - Re: Approvals - Bus Terminal. The communication requests approval of a request for subsidy funds for the new bus terminal· ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted, and the communication be received and filed. Carried Unanimously. See Resolution No. 55. P~OPOSED RECOGNITION TO NER YORK CITY SANITATION ]~{PLOYEES - C-88-10 - Chief Administrative Officer - Re: Proposed Recognition to New York City Sanitation Employees. (1988 05 16). The report recommends that the City Council authorize Mayor Smeaton to forward official letters of commendation to the Sanitation Commissioner of New York City on the exemplary action display- ed by two of the City's sanitation workers who turned in $48,900.00 found during the course of their duties. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 198 - Niagara Transit - Re: Erie Avenue - Opening Ceremonies. The communication requests the approval of a temporary closing of Erie Avenue between Bridge Street and Park Street on June 28th, 1988, during the Opening Ceremonies of the new bus terminal. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be approved. Carried Unanimously. See By-law No. 88-143. No. 199 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality. The communication attaches Report No. DEP-2794 Monthly Water and Sewage Flows for the month of April 1988. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 200 - Student Administrative Council, Niagara College - Re: Sixth Annual Shinerams Niagara. The communication requests that Council proclaim September 15th, 1988 as "Shinerams Day". Alderman Orr declared a conflict of interest because she is employed by the Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the request be approved, subject to established policy. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previo'~y recorded; and with all others voting in favour. No. 201 - Niagara Palls Rooster Cataracts - Re: Annual Niagara Falls Cataracts Oldtimers Slo-Pitch Tournament - July 15 - 17, 1988,1Chippawa Lions Hall. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara Falls Rooster Cataracts, in conjunction with the Annual Niagara Falls Cataracts Oldtimers Slo-Pitch Tournament, to be held on July 15th, 16th and 17th, 1988, at the Chippaws Lions Hall, Welland Street, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 202 - United Way of Niagara Palls - Re: Eighth Annual Slo-Pitch Tournament - August 19 - 21, 1988, Niagara Sports Park. The communication requests 8 Special Occasion Permit for the event. ORDERED on the motlos of Aldermen Cummings, seconded by Alderman Janvary, that Council indicate it has no objection to the issuance of a special occasion permit to the United Way of Niagara Falls, in conjunction with the Eighth Annual Slo-Pitch Tournament, to be held on August 19th, 20th and 218t, 1988, at the Niagara Sports Park, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 203 - T.A. Wilkes, Regional Assessment Commissioner - Re: Annual Report. The communication attaches the Annual Report of the Regional Assessment Commissioner. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 204 - Judith Muldoon, 4195 Front Street - Re: Clean-Up Week. The communication suggests that clean-up in the City of Niagara Falls be completed prior to the long week-end in May. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that Staff be directed to respond to the communication, providing the rationale for the timing of clean-up week, and further, that a copy of the response be submitted to Council members. Carried Unanimously. REPORTS PD-88-87 - Chief Administrative Officer - Re: Tender No. 29-88, Micro-computer and Equipment for Environmental Inventory Project. The report recommends that the prices submitted by Toronto Datacon & Cables Inc. be accepted and this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 57. See By-law No. 88-147. B-88-37 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 1 Storey Public Garage Building, Kalar Road (west side, south of Beaverdams Road). The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed public garage building, and the site plan being drawing number 1 of 8 dated January 1988, as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 2nd, 1988s and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. R-88-20 - Chief Administrative Officer - Re: 1988 Tender for the Supply and Installation of Thermacore Doors and Electric Opener for Fairview Cemetery Building. The report recommends that the unit prices submitted by Yarnell Overhead Doors Limited, for the supply and installation of Thevmacore doors and electric opener, be accepted at the low tendered total amount of $5,178.00. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 58. MW-88-89 - Chief Administrative Officer - Re: 1988 Capital Budget Project - Westlane/Westwood Flood Relief. The report recommends that the by-law appearing on tonight's ageads be passed by Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-145. MW-88-90 - Chief Administrative Officer - Re: Reduction of City Easement - Lots 34 & 35, R.P. N-129, Pie. 14 & 15, Plan 59R-5571 - West Meadow Subdivision. The report recommends the following: 1) That the City reduce its easement rights on Parts 14 & 15, Plan 59R-5571 from 2.4 m (8') to 1.5 m (5'), subject to the Developer preparing a Reference Plan suitable for registration; 2) That the by-law authorizing the above be approved. -6- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-144. Hg-88-91 - Chief Administrative Officer - Re: Discharge of Flows from Weeping Tiles - Report III. The report recommends that flows from weeping tiles installed around basement footings of homes in all future subdivisions shall be discharged into the storm sewers: (a) by means of a gravity connection where the storm sewer is deep enough to allow such a connection; and (b) by means of a sump pump where the storm sewer is not deep enough for a gravity connection. - AND - Communication No. 205 - Peter Grandoni - Re: MW-88-91 - 1988 06 06. The commhnication requests permission to address Council at the upcoming meeting, and refers to the pumping of raw sewage into the W-5-3 watercourse from the Kalar Road Pumping Station in 1985. Mr. Peter Grandoni expressed satisfaction with the recommendations in the report. He expressed the opinion, on behalf of himself and other residents of the area, that the recommendations should be made mandatory, in all subdivisions west of the Q.E.W., in order to avert basement flooding; that sump pumps can be installed even where underground services are available; and that sump pumps should be directed to rear yard catch basins where available. Mr. Grandoni · reviewed a letter from the Division Engineer which stated that the Kalar Road Pumping Station was currently at capacity during high water periods, and he expressed concern regarding anticipated flooding problems in subdivisions west of the Q.E.W. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. It was further recommended that the suggestions of Mr. Grandoni be considered at a future meeting of the Municipal Works Committee. Carried Unanimously. F-88-3~ - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,101,836.16 for the period ending June 6th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Hopkins declared a conflict of interest on Chequ~ No. 32851 because a member of his family has a monetary interest. Additional information was provided on Cheque No. 32851. ORDERED on the motion of Alderman Cheesman, seconded'by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on Cheque No. 32851 on a conflict of interest previously recorded; with Alderman Herrington voting contrary on Cheque No. 32851; with Alderman Orr voting contrary on Cheque Nos. 32851 and 32923; and with all others voting in favour. See By-law No. 88-147. S-88-10 - Chief Administrative Officer - Re: Walkway 72(2) between Tad Street and Blocks B and C, Registered Plan M-53. The report recommends the following: 1) That Council decide whether it now wishes to give preliminary approval to the closing and sale of the above walkway; 2) If preliminary approval is given, that Staff be authorized to proceed in accordance with the procedure and assumption of costs previously approved by Council, 7 ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously~ RESOLUTIONS No. 55 - CU]~INGS - ORR - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for an allocation of subsidy funds for public transportation purposes for the year 1988, in the amount of $217,600.00 for the Capital Assistance Programmes being the balance of 1987 Bus Terminal contract (previously approved in 1987), under the provisions of The Public Transportation and Highway Improvement Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 56 - {INGS - PAY - RESOLVED that WHEREAS Bill 100, an Act to Amend the Education Act, received first reading in the Ontario Legislature on February 11, 1988; AND WHEREAS Bill 100 eliminates a Municipality's right to appeal an apportionment; AND WHEREAS Bill 100 removes any obligation to apportion education taxes on the basis of equalized assessment; AND WHEREAS Bill 100 does not allow Municipalities which have undergone an assessment update under subsection 368b(2) of the Municipal Act to apply for a review of the apportionment in instances of errors and omissions; BE IT RESOLVED THAT the Minister of Education revise Bill 100 to explicitly reaffirm fairness and equity as the goal of the apportionment process, and to include an appeal process so that Municipalities which can demonstrate that they are treated unfairly by the apportionment regulations have a legitimate avenue of appeal to an independent and objective agency; AND THAT pursuant to the Freedom of Information Act, Part II, Section 10 and 11, and the Minister of Education, the Honourable Chria Ward, be requested to provide the calculations and explanations of the economic logic with respect to the formulas that generate the new Assessment Equalization Factors; AND THAT the resolution be sent to the Premier of Ontario, the Minister of Education, and the Minister of Municipal Affairs; the local Member of Provincial Parliament, the Leader of the Opposition Party, the Leader of the Progressive Conservative Party of Ontario, and to the Association of Municipalities of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Mo. 57 - (1~I[i~S - JANVARY - RESOLVED that the unit prices submitted by Toronto Datacon & Cables Inc., for Micro-computer Equipment, at the low tendered amount of $22s265.00~ be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 58 - PAY - (~]l~I!~S - RESOLVED that the unit prices submitted by Yarnell Overhead Doors Limiteds for the cupply and installation of Thermacore doors and electric opener, at the low tendered amount of $5,178.00, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings~ seconded by Aldermen Orr, that leave be granted to introduce the following by-lawa~ and the by-laws be read a first time: No, 88-143 - A by-law to close a portion of Erie Avenue to vehicular traffic on a temporary basis. (Niagara Transit)· 8 No. 88-144 - A by-law to authorize a release and abandonment of easements. No. 88-145 - A by-law to authorize the construction of trunk relief sanitary sewers in the Westlane-Westwood area as improvements and extensions to the sewage system in the Urban Service Areas of the City. No. 88-146 - A by-law to provide monies for general purposes. No. 88-147 - A by-law to authorize the execution of an agreement with Toronto Datatorch & Cables Inc. for micro computer equipment. The motion Carried with Alderman Hopkins abstaining from the vote on By-law No. 88-146 on a conflict of interest previously recorded under Report No. F-88-34; with Aldermen Harrington and Orr voting contrary on By-law No. 88-146 as previously recorded under Report No. F-88-34; and with all others voting in favOUr, ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the following by-laws be now read a second and third time: No. 88-143 - A by-law to close a portion of Erie Avenue to vehicular traffic on a temporary basis. ~o. 88-144 - A by-law to authorize a release and abandonment of easements· 88-145 - A by-law to authorize the construction of trunk relief sanitary sewers in the Westlane-Westwood area as improvements and extensions to the sewage system in the Urban Service Areas of the City· No. 88-146 - A by-law to provide monies for general purposes. No. 88-147 - A by-law to authorize the execution of an agreement with Toronto Datacomm & Cables Inc. for micro computer equipment. The motion Carried with Alderman Hopkins abstaining from the vote on By-law No. 88-146 on a conflict of interest previously recorded; with Aldermen Herrington and Orr voting contrary on By-law No. 88-146 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEI~SOF CONI~W3tN: Stolen Radios - Alderman Cummings referred to his request, at the meeting of Council held May 30th, 1988, with regard to Cheque No. 32664 respecting stolen redtoss and requested additional information. He was advised that two radios had been stolen from one vehicle. Vlayin~ field/Ker Park - Alderman Cummings discussed the poor condition of the playing field at Ker Park, and referred to his contact with the Deputy Director of Parks & Recreation with regard to this matter. He requested that action be taken at an early date to rectify the matter. Grass Condition at Cssstery- Alderman Cummings referred to complaints he had received expressing concerns reaarding grass cutting and removal of grass clippings at the cemetery. The Director of Parks & Recreation explained that there had been 'a large number of burials during the past four weeks, ~nd advised that the matter would be investigated. Car leimirs - Pins Grove Avenue & Syssss Street - Alderman Puttick referred to the concerns of neighbouts in the aforementioned area, which had been discussed at the Council meeting held on May 9th, 1988. He -9- stated that Mr. Robert Bennett, 6238 Pine Grove Avenue, had again called to relay his concerns regarding problems incurred by car repairs being done in the neighbourhood over the past three years. Alderman Puttick stated that pictures had been taken of the condition of the property, a car in flames, propane tanks next to residential areas, and discussed noise emitting from the car repair residence on week-ends. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the matter be referred to Staff for investigation and a report. Carried Unanimously. ITENS OF I~I'Ke~ST: Inaugural Heating/Recycling Co~ittee - Alderman Hopkins discussed his attendance at the first Inaugural Meeting of the Recycling Committee at the Regional Headquarters in St. Catharines, and the participation of representatives from most other communities in the Niagara Peninsula. Hazardous Waste Day - Alderman Janvary discussed the success of the designated Hazardous Waste Day which was held on June 4th, 1988. She commended City Staff and Tricil Staff for their efforts. Canada Day- July 1, 1988 - Alderman Janvary referred to the events planned for Canada Days and requested funding in the upper limit of $1,450.00 as a grant for Canada Day. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that a grant in the upper limit of $1,450.00 be approved for Canada Day activities. Carried Unanimously. Co--ittee of Ad]ust~ent Conditions - Alderman Cheesman referred to a former decision of Council to direct Staff to monitor conditions made on Committee of Adjustment Decisions. He discussed a recent Decision numbered A-50/88, and suggested that the matter be referred to Staff to ensure that the conditions were met. It was moved by Alderman Cummings, seconded by Alderman Puttick, that the meeting ad3ourn. Carried Unanimously. READ AND ADOPTED, TWENTY-FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #i June 13, 1988 Council met on Monday, June 13th, 1988, at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Baker and Hinsperger, were present. Alderman Orb: presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, PLANNING/REGULAR MEETING Council Chambers June 13, 1988 Council met on Monday, June 13th, 1988, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Aldermen Baker and Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Harrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the meeting held June 6th, 1988, be adopted as printed. Carried Unanimously. PRESENTATION NIAGARA FALLS GRAND PRIX - Mr. Brian CzaJa was not in attendance to discuss the Grand Prix of Niagara Palls, New York. DEPUTATION :1 GREA-r~KNIA~ARAGF2tEKAL HOSPITAL - CHRONIC CARE HOSPITAL - The following representatives of the Greater Niagara General tlospital Board of Governors were in attendance: Mr. Peter Maves; Dr. Mel Krass; Dr. Mike Goodwin, President, Medical Sociaty; Mr. George L. Waters; and Mr. David G. Diston. They reviewed a report on the past and current state of Chronic Care in Niagara Falls; and submitted a slida presentation entitled, "A Bridge To The Future". Council was advised that the total cost for the proposed Chronic Care facility would amount to $22.2 million, excluding land acquisition, stated that the Provincial funding would amount to two-thirds of the total cost, and asked Council to provide Municipal support for tha community's one-third share in the amount of $7.4 million in 1987 dollars. ORDERED on the motion of Aldarman Cummingss seconded by Alderman Pay, that the matter be referred to Staff and the Finance Committee, to review in conjunction with the Staff of the G.N.G.H., and submit a report as soon as possible respecting possible ways of accommodating the expenditures and the impact on the mill rate. Carried Unanimously. His Worship Mayor Smeaton declared a five minute recess at 8:05 p.m. Followlug the five miuute recess, Council reconvened at 8:10 p.m. -8- Mr. Stewart A. Branscombe, River Realty Development (1976) Inc., was in attendance, and reviewed action taken to date with respect to the proposed plan. A discussion was held with respect to the preservation of the wooded area. Mr. Lino Rossi reviewed a written submission which outlined his concerns with respect to the adverse effect on the downstream lands as a result of diversion of drainage from the 10 Mile Creek Basin into the Shriner's Creek Basin; "fragmented development" in the northwest, and disregard of the major policies, staging and infilling suggested in the Official Plan; and the low density housing of the Mount Carmel Phase II development being "biased towards the highest income ~arket". Mr. Peter Grandoaf reviewed a written submission regarding diversion of water into the Shriner's Creek system; rezontng of hazard lands for developers; paving of woodlots; and requested that the woodlot be preserved, and a "legal written guarantee be provided that no subdivision storm water from the lands lying north of the H.E.P.C. power lines within the 10 mile creek watershed or any other watershed will ever be drained into Shriner's Creek", and that the "flood control culverts in dams be throttled down". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that ~he report be received and adopted, the concerns regarding the wooded area, and lot size reductions be referred to Staff for further information and to expedite the procedure. Carried Unanimously. C-88-37 - Chief Administrative Officer - Re: Request for Reserve, Lot 53, Part 1, Plan 243 - Falls Business Park. The report recommends that Council approve the Request for Reserve from Mr. Larry Vann for Lot 53, Part 1, Plan 243 until February 9, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman 3anysty, that the report be received and adopted. Carried Unanimously. S-88-22 - Chief Administrative Officer - Closing of part of Salisbury Place, designated as Parts 12, 13, 14, 15 and 16, Reference Plan 59R-5719, Registered Plan M-53. The report recommends that Council pass the following: 1) 2) The by-law appearing on tonight's agenda to authorize an application for the closing of part of Salisbury Place; The by-law appearing on tonight's agenda to authorize the sale of part of Salisbury Place according to Registered Plan M-53, designated as Parts 12, 13, 14, 15 and 16 on Reference Plan 59R-5719 to River Realty Development (1976) Inc.; 3) The resolution appearing on tonight's agenda to authorize an application to the Minister of Housing for consent to an Order being made amending Registered Plan No. M-53 for the said City of Niagara Falls. t~at ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, the report be received and adopted. Carried Unanimously. See Resolution No. 117. See By-law No. 88-310, and By-law No. 88-311. MW-88-198 - Chief Administrative Officer - Re: Encroachment Onto City Easement, Lot 32, R.P. M-129 - Fieldstone Avenue - Mr. F. Dose. The report recommends that Council authorize the release of the City's easement in the area of the encroachment as per the Plan attached. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. Mg-88-199 - Chief Administrative Officer - Re: Encroachment Onto City Easement, Block 41, R.P. 59M-115 - Nathan Crescent. The report recommends that Council authorize the release of the City's easement in the area of encroachment as per plan attached. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the r. eport be received and adopted. Carried Unanimously. -9 - M~-88-200 - Chief Administrative Officer - Re: Contract S.L. 36-88 General Maintenance, Pole Replacement and Installation of New Street Lighting Fixtures. The report recommends that the unit prices submitted by the low tendeter, Ground Aerial Maintenance Service Ltd., be accepted and that this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Following a brief discussion, it was moved by Alderman Sherat, seconded by Alderman Ward, that the report be tabled to December 19th, 1988 in order to provide an opportunity to contact the Niagara Falls Hydro or other companies. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Campbell, Cowan, Herrington, Hopkins, Janvary, Sherat and Ward. NAYE: Aldermen Cheesman, Cummings, Hinsperger, err and Puttick. F-88-59 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $14,175,623.23, for the period ending December 12, 1988, be approved by the passing of the by-law appearing later on the ageads. Alderman Campbell declared a conflict of interest on Cheque No. 37738 because the organization is a client. Aldermen Harrington and Janvary declared conflicts of interest on Cheque No. 37256 because they are employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 37260, 37261 and 37702 because he is employed with the Company. Alderman err declared a conflict of interest on Cheque No. 37405 because a member of her family has a monetary interest. Additional information was provided on Cheque Nos. 37289 end 37332. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Campbell, Herrington, Janvary, Hinsperger and Orr abstaining from the vote on Cheque Nos. 37738, 37256, 37260, 37261, 37702 and 37405 respectively, on conflicts of interest previously recorded; with Alderman Puttick voting contrary on Cheque No. 37332; and with all others voting in fayour. See By-law No. 88-313. Cl)-88-64 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls. The report recommends that Council adopt a new policy with regards to bingo proceeds and the liceureas' disbursement of the proceeds, in compliance with Order in Council No. 274/70. Aldermen Cummings and Ward declared conflicts of interest because they are members of organizations which conduct bingos. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on a conflY~'C'~interest previously recorded, and with all others voting in fayour. CI)-88-~9 - Chief Administrative Officer - Re: Appointments to Boards, Commissions & Committees. The report recommends that Council consider the necessary appointments to various boards, commissions and committees, the terms of which expired at the end of November 1988, and that the appointments be con- firmed by by-law at a meeting to be held in the New Year. - AND - C~Msaunication No. 14 - Jean Grmmde~i - Re: Committee of Adjustment. The communication refers to Rules of Procedure, Planning Act, 1983 and requests new members be appointed and wider notification be given. APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES Following a brief discussions it was the consensus of opinion that all applications would be given consideration, and that the vote would be by ballot and ratified. It was further agreed that decisions would be made on a majority vote of seven. It was moved by Alderman Alderman Chessman, seconded by Alderman Cummings, that the ballots be destroyed, Carried Unanimously. o...10 2 REPORTS - PLANNING MATTERS PD-88-88 - Chief Administrative Officer - Re: AM-20/88 Pinewood Homes (Niagara) Ltd., Donlee Drivs and Moatrose Road. The report recommends the following: 1) That Council support the proposed rezoning of the subject lands permitting single family residential development on Parcel "A' and the construction of a 3 storey, 18 unit apartment building on Parcel "B"; 2) That the applicant be required to satisfy the conditions regarding servicing and payment of impost fees, as requested by the City's Engineer- ing Department; 3) ' That Staff be directed to prepare the necessary by-law amendment for ;~.na~tment at'a subsequent Council meeting; 4) That the development through Site Plan Control address such matters as landscaping, buffering, grading, fencing, lighting, surface treatment, entrance, etc.; That the applicant and Regional Municipality of Niagara be advised accordingly. - AND - Co--,unication No. 206A - Regional Niagara Planning & Development Department - Re: Preliminary Application - Proposed Apartment & Three Dwellings; Montrose Read, south of Chorozy Street. The communication advises that Regional Planning Staff are not opposed to this proposal. - AND - Communication No. 206B - Regional Niagara Health Services Department - Re: Zoning Amendment Application AM-20/88. The communication advises that there are no objections or adverse comments to the development. His Worship Mayor Smeaton declared the Public Meeting open, and reviewed the procedure to be followed under the Planning Act, 1983. The Clerk advised that the property was located on the west side of Hootrose Road, south of Chorozy Street; that the Notices of the Public Meeting were forwarded on May 10th 1988; and that the applicant wishes to develop three single family lots on Parcel "A" frontlag on Donlee Drive, and a 3 storey, 18 unit apartment building on Parcel "B" fronting on Moatrose Road. It was noted that the applicant was in attendance. There was a positive response to Mayor Smeaton's request for a show of hands indicating the presence of persons in fayour of, or opposed to the application. He ~sked that persons wishing to receive further notification of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Planning Director discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in Technical Report No. PD-88-84: 0fficial Plan; Zoning By-law Amendment; Surrounding Land Use; Comments From Public Notification Process; Planning Review; and Site Plan Review. Mrs. Debbie Linebaugh, 7671Chorozy Street, expressed concerns on behalf of residents of the area, in terms of inadequate parking space, low rental housing and late night parties~ increased traffic and danger to children, and expressed the desire for single family homes, and a condominium complex for purchase by elderly persons and a quiet neighbourhood atmosphere. She stated that when the subdivision was developed the proposed plan for the subject lands had been unknown, Mr. Andy Mowtana, Project Manager, discussed the proposed'plans for the apartment, and suggested that it was unlikely to cause a problem on Donlee Drive because the parking space was more than the required amount. He advised that a condominium development was considered to be apartment development, and that it was not limited to low rental housing· Mr. Mowtana responded to questions raised regarding the intended use of the subject lands at the time of purchase~ perking requirements, and the ratio requirement for low rental housing under Government funding· -3- In reply to questions raised, the Director of Buildings & Inspections stated that a sign containing information regarding the proposed plans for the subject lands had been erected when the subdivision was being developed. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. · ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the communications be received and filed, and the report be received and adopted. Carried Unanimously. PD-88-89 - Chief Administrative Officer - Re: AM-18/88 River Realty Development (1976) Inc.; Part of Township Lots 53 and 63 in the City of Niagara Falls (Mount Carmel Subdivision). The report recommends the following: 1) 2) That Council support the proposed rezoning of the subject lands permitting the development of a single family and multi-family residential subdivision, as detailed in PD-88-86; That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 20?A - Regional Niagara PIning & Development Department - Re: Preliminary Zoning Application - Mount Carmel Plan of Subdivision; Mootrose Road, north of Thorold Stone Road. The communication advises that Regional Planning Staff have no objection to the proposed zoning amendment which will implement the development of the Plan of Subdivision. - AND - Commanication No. 207B - Regional Health Services Department - Re: Zoning Amendment Application AH-18/88. The communication advises that the Department does uot object to the proposal since the Municipal water and sewers will be available; and includes recommendations concerning drainage, rodent problems, and the approval of the Niagara Peninsula Conservation Authority. His Worship Mayor Smeaton declared the Public Meeting open and stated that the procedure under the Planning Act, 1983 would be followed as in the previous application. The Clerk stated that the property was located on the west side of Montrose Road between Thorold Stone Road and Shriner's Creek; that the Notices of the Public Meeting had been forwarded on May 10th, 1988; and that the applicant wishes to develop the Mount Carmel Subdivision as a single family and multi-family residential subdivision. Mr. Stewart A. Branscombe, Vice-President of River Realty Development, indicated his presence; and His Worship Mayor Smeaton received a negative response to his request for a show of bends indicating the presence of persons in fayour of, or opposed to the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. Mayor Smeaton received a negative response to his request for comments from anyone other than the developer, in support of, or opposed to the proposal. Mr. Branscombe discussed efforts to "create a number one, first-class development"~ described the proposal, and responded to questions raised. The Deputy Planning Director reviewed the subject lands with the assistance of sketches; and discussed the following information contained in Technical Report No. PD-88-86: Official Plan; Zoning By-Law Amendment; Surrounding Land Use; Comments From The Public Notification Process; and Planning Review. A discussion followed regarding the Shriner's Creek watercourse, the new policy regarding sump pumps, and the adequacy of the Kalar Road Pumping Station with respect to sewage from the subdivision. The Director of Municipal Works stated that the policy requirement will be addressed in the Site Plan Control. -4- Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communications be received and filed, and the report be received and adopted. Carried Unanimously. PD-88-92 - Chief Ad~nistrative Officer - Re: Zoning Amendment Application AM-13/88 AND Official Plan Amendment No. 164; Jovinka Development Inc., Pettit Avenue. The report recommends the following: 1) That Council support the application to amend the Official Plan and Zoning of the subject lands permitting the construction of a 3 storey, 78 unit apartment complex, as detailed in PD-88-90; 2) That the applicant be required to satisfy the requirements of the City's Engineering Department regarding servicing; 3) That the applicant be required to satisfy any concerns the Canadian National Railway may have with respect to standards for noise, vibration and impact mitigation; 4) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 5) That the lands be placed under Site Plan Control in order to address such matters as landscaping, buffering, fencing, lighting, surface treatment, emergency access, railway concerns, etc.; 6) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Co~unication No. 208 - gegional Niagara Planning & Developseat Department - Re: Preliminary Application - Proposed Apartment Complex; Pettit Avenue, south of Dotsen Drive. The communication advises that the Regional Planning Staff are not opposed to the development, but that the development should conform more closely with the City's Official Plan Policies for the location and densities of multi-family residential projects. His Worship Mayor Smeaton declared the Public Meeting open, and advised that, as in the previous applications, the procedure under the Planning Act, 1983 would be followed. The Clerk advised that the property was located on the east side of Pettit Avenue between Doreen Drive and the CNR; that the Notices of the Public Meeting had been forwarded on May 10th, 1988; and that a Notice had been published in the Niagara Falls Review on May 13th, 1988, with respect to the Official Plan Amendment. Me stated that the applicant had requested an amendment to the City's Official Plan and Zoning By-law in order to permit the construction of a 3 stormy, 78 Unit apartment complex. It was noted that the applicant was in attendance. There was a positive response to Mayor Smsaton's request for a show of hands indicating tl~ presence of persons in favour of, or opposed to the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Planning Director discussed the subject lands with the assistance of posted sketches. He reviewed the following information contained in Technical Report No. PD-88-90: Official Plan Amendment; Zoning By-Law Amendment; Surrounding Land Use; Comments From The Public Notification Process; Planning Review; and Site Plan Review. Mr. Philip Lococo, Solicitor, 6749 Sherwood Road; Mr. John S. Lamb, 4659 Pettit Avenue, spokesman for the committee organized to oppose the development; Mr. Eddie Rix, 6570 Doreen Drive; and Mr. Roger Bell, 6281 Doreen Drive; discussed the following concerns.' the density of the proposed development which would not be on a major arterial roadway of the City; overdevelopment of the property; the impact on nearby residential homes; contravention to the Official Plan; traffic congestion exiting onto Pettit Avenue and close to -5- Cherrywood School with limited traffic control at the intersection; the proximity to the CNR right-of-way and the possibility of future expansion of the railroad; prematurity of the development in view of the inadequacy of water services; and decreased property values. Mr. Fred Paul, Consulting Planner, Miller O'Dell & Paul, referred to a meeting with the concerned residents on December 7th, 1988, in an attempt to resolve concerns; the reduced number of proposed units; the criteria for resi- dential development under the Official Plan; the restricted possibilities of development because of the shape of the parcel of land; and discussed informa- tion received from their traffic engineer regarding traffic patterns. Alderman Pay suggested that Staff complete a study of traffic flow in the subject area. Following further discussion~ His Worship Mayor Smeaton declared the public meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication be received and filed; and the report be received and the application denied. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Herrington, Janvary, Orr and Pay. NAYE: Aldermen Hopkins and Puttick. His Worship Mayor Smeaton declared a five minute recess at 9:40 p.m. Following the recess, the members of Council reconvened for the balance of the meeting. PD-88-85 - Chief Administrative Officer - Re: Request for Building Permits (Reference Plan 59R-5340); Part Lot 15, Broken Front Concession Niagara River, Miller Road (North Side) - East of Niagara Parkway - Brian Sinclair/Peter Schnurr. The report recommends that the request for building permits for Parts 1 to 8 inclusive, of Plan 59R-5340, be approved, provided that prior to the issuance of any building permit the following conditions are met: 1) That an agreement be entered into with the owners of the subject lots relative to the City's requirements; and 2) That the required approvals and permits from those agencies referenced in the report are obtained. During the discussion, Alderman Hopkins cautioned Council regarding the development of an unofficial subdivision and problems which might occur. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. S-88-12 - Chief Administrative Officer - Re: Zoning By-law No. 88-59 AM-38/87 - 414878 Ontario Limited; 5441 Spring Street. The report recommends that Council pass the by-law on tonight's agenda to re-enact By-law No. 88-59. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 88-155. UNFINISHED BUSINESS Mr. Werner Kreuger referred to his need to relocate his business because of vibration problems caused by Niagara Forge, and asked the support of Council. In reply to questions raised, be stated that he would like to settle the matter without Court action. His Worship Mayor Smeaton advised that because of the possibility of Court action, Council was not in a position to discuss the matter further, that the matter had been handled by the City's Insurance Company and that Company had expressed the opinion that the City was not liable. -6- BINGO OPERATIONS IN NIAGARA FALLS - a1-88-29 - Chief Administrative Officer - Re: Bingo Operations in Niagara Palls. The report recommends that Council reaffirm the policy it adopted on May 30th, 1988 under Report CD-88-26, regarding Recommendation Nos. 5 and 6. - AND - Cosssunication No. 209A - C--sdian Corps Association, Niagara Falls, (Conads) Unit 104 - Re: Thursday Midnight Bingo for the Canadian Corps. The communi- cation discusses concerns regarding the subject matter, and suggests that the decision made previously by Council regarding alternate bingos be waived until the end of the tourist season. - AND - Cosaunication No. 209B Re: Thursday Midnight rioned bingo remain in - T. Denis LePage, Presidents School of Fine Arts - Madness Bingo. The communication asks that the aforemen- its present format. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. Mrs. L. Kinghorn, Secretary, Canadian Corps Unit 104, stated that she had received a response to her letter from the Bingo Inspector; discussed her concerns regarding the possible loss of the Bingo liceace, the purchase of vouchers, and apologized for the misunderstanding regarding the turkeys. Mr. LaPage discussed gift certificatess and referred to the possibility of overcoming the current difficulties and misunderstandings as well as increasing profits. The Bingo Inspector responded to questions raised regarding the Provincial regulations. During the discussion, it was pointed out that there was a misunderstanding concerning the Job of the Bingo Inspector who was "doing her Job". ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the communications be received and filed, and the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. PD-88-93 - Chief Adsinistrative Officer - Re: License Agreement for Environmental Inventory Project. The report recommends that the City enter into a license agreement with ESRI for the computer software, pc-ARC/INFO. ORDERED on the motion of Alderman Covilles seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. Se~ By-law No. 88-157. DOGS RUNNIMG AT LARGE - The Chief Administrative Officer referred to the following action taken by Council at the meeting held on June 6ths 1988: that Staff be directed to proceed with action under the Dog Licensing and Livestock and Poultry Protection Acts with respect to dogs owned by a neighbout of Mrs. Erminia Welsh, 3118 Moatrose Road, who had made the complaint that the dogs were running at large and destroying property and pets. He advised that an undertaking had been received through the legal offices of Slovaks Sinclair, Crowe and Manna that the dog had been removed from the site with an undertaking from the owner that it would not be returned. The Chief Administrative Officer further advised that the undertaking provided that the City would be reimbursed in the amount of $125.00 for the cost of chickens which bad been destroyed. He stated that the Humane Society and Mrs. Welsh had found the arrangement acceptable. In response to questions raised, he further stated that there was a second bill in the amount of $157.00. Miss Mary Ellen Rose, of Slovak, Sinclair, Crowe and Mann, Solicitor for Mr. A, DeGiorgio, owner of the dogs, advised that the law firm had not been aware of the second bill. Following a brief discussion, it was moved by Alderman Chessman, seconded by Alderman Puttick, that the undertaking be accepted, subject to the conditions that the second bill be paid by the owner, and a written acceptance be received from Mrs. Erminia Welsh. Carried Unanimously. . . . . 7 7 COMMUNICATIONS No, 210 - Canada Employment Centre for Students - Re: Proclamation. The communication asks that Council proclaim the week of June lath to 25th, 1988s as "Hire A Student Week". ORDERED on the motion of Alderman Cummings~ seconded by Alderman Pay, that the request be approved, subject to established policy. Carried Unanimously. No. 211 - Canada Employsmnt Centre for Students - Re: "Hire A Student Week". The communication requests permission to fly the "Hire A Student" Flag at City Hall during the week of June 18th to 25th, 1988. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the request be approved. Carried Unanimously. No. 212 - Regional Niagara Office of the Clerk - Re: First Quarter 1988 Building Permit Activities. The communication attaches Report DF88-72 regarding the subject matter. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Herrington, that the communication be received and filed. Carried Unanimously. No. 213 - Regional Niagara Office of the Clerk - Re: Regional Municipality of Niagara Waste Management Master Plan. The communication attaches Report DEA-331-24 regarding the subject matter and advises that the deadline for comments is September 12th, 1988. His Worship Mayor Smeaton advised that if notification was not received from the Municipality it would be taken as a concurrence with the Draft Waste Management Master Plan dated April 8, 1988, which proposes that Niagara Falls, Niagara-on-the-Lakes Thorold and St. Catharines form a Board to oversee their waste management programs. Following a discussion, it was moved by Alderman Cheesman, seconded by Alderman Coville, that the communication be referred to Staff for a review, report in 60 days. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Harrington, Hopkins, Janvary, Orr and Pay. NAYE: Alderman Puttick. and No. 214 - Regional Miagara Office of the Clerk - Re: Intersection Controls - Niagara Road 47 (Lyon's Creek Road) at Sodom Road. The communication advises that an all-way stop control at the subject intersection is not considered appropriate, and further, that a study regarding alternatives will commence. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 215 - Mike Breaugh, MPP, Oshawa - Re: Alterations to the Enumeration Process. The communication asks Council to endorse a resolution to the Provincial Government to better organize its legislative agenda with proper notice, in order to enable other levels of Government to implement changes in an efficient manner. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. No. 216 - Niagara Falls Famlly Y.M.C.A. - Re: Two Baseball Tournaments - YMCA Slo-Pitch Tournament, August 12th to 14th, 1988; and the Niagara Regional Police Tournament - September 23rd to 25th, 1988; both at the Cupolo Sports Park Complex. The communication requests Special Occasion Permits for the events. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that Council indicate it has no objection to the issuance of special occasion permi}s to the Niagara Falls Family Y.M.G.A. for the Y.M.C.A. Slo-Pitch Tournament to be held on August 12th, 13th and 14th, 1988; and for the Niagara Regional Police Tournament, to be held on September 23rd, 24th, and 25th, 1988; both events to be held at the Cupolo Sports Complex in Niagara Falls, subject to the approval of the Niagara Regional Police Department, the Niagara Falls Fire Departments the Regional Niagara Nealth Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. -8- No. 217 - Lions Club, Niagara Falls - Re: Molson Pro Hockey Slo-Pitch Challenge - June 24th to 26th, 1988, Oakes Park. The communication requests permission to operate three "games of chance" in conjunction with the event. Alderman Janvary declared a conflict of interest because she is President of the Ladies Lioness organization. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the request be approved. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. No. 218 (HANDOUT) - The Royal c~.adian Legion, Chippawn (Out. No. 396) Branch - Re: Church Parade - Sunday, June 26, 1988. The communication requests permission to hold a Church Parade. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the request be granted subject to the approval of other authorities. Carried Unanimously. REPORTS R-88-21 - Chief Administrative Officer - Re: Installation of Baseball Backstops. The report recommends that Staff be authorized to purchase three baseball backstops from the lowest bidder, Peninsula Fence and Landscaping Inc., for a total amount of $6,117.65. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. B-88-38 - Chief Adsiuistrative Officer - Re: The Buildings and Inspections Department Report for Nay 1988. The report provides information regarding Permits Issued and Highlights for May 1988, as well as June Proposals. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. ~W-88-81 - Chief Administrative Officer - Re: Quotation for Gypsy Moth Control. The report recommends that the price of $79.00 per hour and $19.00 per 100 gallons of mixed chemical, submitted by Davey Tree Experts for Gypsy Moth control, be accepted. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. Ng-88-95 - Chief Administrative Officer - Re= Purchase of Riding Lawn Mower, Municipal Service Centre. The report recommends that the tender received from Ben Berg Farm & Industrial in the amount of $12,922.20, for the purchase of one (1) Brouwer riding lawn mower, be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 59. Mg-88-96 -Chief Administrative Officer - Re: Contract A.C. 18-88 - Hot Mix Asphalt Overlays. The report recommends that the unit prices submitted by the low tendeter, Northland Bitulithic Limited, be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 60. See By-law .No. 88-159. NN-88-101 (BANDOUT) - Wunicipal Works Committee- Re: Committee Report: HW-88-90 - P.R.I.D.E, Program - Queen Street Improvements - Hirin~ of an Engin- eerinS Consultant. The report recommends the followingz 1) That the Firm of Delcan Corporation be hired to provide design and contract administration services for the above work at a total estimated cost of $99,500.00; and 2)' That Council authorize Staff to enter into an Engineering Services Agreement for the above. . . . . 9 9 ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, the report be received and adopted. Carried Unanimously. that MW-88-100 - Chief Administrative Officer - Re: Contract S.S. 10-88 - Mewburn Road Sanitary Sewer, Pumping Station and Forcemain. The report recommends that the unit prices submitted by the low tendeter, Bear Construction Inc., be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 61. See By-law No. 88-160. C-88-12 - Chief Administrative Officer - Re: Lot 17, Falls Business Park Extension. The report recommends that Council authorize the sale of Lot 17, Registered Plan M-67, to Marine Clean Limited, at the purchase price of $25,380.00, subject to the purchasers entering into an Agreement of Purchase and Sale, and that Council enact the by-law to authorize the sale of this lot. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-156. (}-88-13 - Chief Administrative Officer - Re: Ontario Hydro Lands, Part of Lots 11, 12, 13 and Part of Block E Plan 653, former Village of Niagara Falls, and Part of Lot 81, Plan 300, City of Niagara Falls. The report recommends that the Ontario Hydro be notified that the City is not interested in acquiring the above referenced lands and that the Municipality will support any offer which will terminate the existing use of the land as a scrap yard and the development of the lands for Tourist Commercial purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously__. F-88-35 - Chief Administrative Officer - Re: Stationery Supplies. The report recommends that the prices submitted by the lowest tendeter, J.H. Raham Limited, for stationery supplies, be accepted and a purchase order awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, ~hat the report be received and adopted. Carried Unanimously. See Resolution No. 62. F-88-36 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,886,399.56 for the period ending June 13th, 1988, be approved by the passing of the by-law appearing later on the ageads. Alderman Campbell declared a conflict of interest on Cheque No. 32966 because the organization is a client. Alderman Coyills declared a conflict of interest on Cheque No. 33066 because she was involved. Alderman Harrington declared a conflict of interest on Cheque No. 32967 because he is employed by the Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Campbell, Coville and Herrington abstaining from the vote on Cheque Nos. 32966, 33066 and 32967 respectively, on conflicts of interest previously recorded; and with all others voting in fayour. See B~-law No. 88-161. S-88-09 - Chief Administrative Officer - Re: Proposed Closing & Conveyance of Two Lanes Abutting Lands Owned by E.IL Fartee Company Limited Onex Packaging Inc. (formerly American Can of Canada Limited). The report recommends the following: 1) That Council hear, at tonight's meeting, any person who claims that his or her land will be preJudictally affected by the proposed by-law to close the above lanes and who applies to be heard. .... 10 - 10 - 2) That if there are no such claims, the Council pass the by-law listed on tonight's agenda to stop up and close and to authorize the sale and convey- ance of the lanes. Alderman Coville declared a conflict of interest because a member of her family is employed by a company involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. See By-law No. 88-154. S-88-11 - Chief Administrative Officer - Re: Walkway 74(1) Between Buckingham Drive and a Line Joining the Rear of Lots 6 and 7, Registered Plan M-61. The report recommends that Council take the following action with respect to the proposed closing of the public walkway between Buckingham Drive and a line Joining the rear of Lots 6 and 7, Registered Plan M-61-: 1) Pass the by-law appearing on tonight's agenda to authorize an agreement with the abutting owners respecting the sale and conveyance of the walkway, when closed; 2) Pass the by-law to assume the walkway; 3) Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required notice of a by-law to authorize the closing and sale of the walkway. that ORDERED on the motion of Alderman Cununings, seconded by Alderman Janvary, the report be received and adopted. Carried Unanimously. See By-law No. 88-153, and By-law No. 88-158. P-88-07 (HANDOUT) - Chief Administrative Officer - Re: Appointment of Deputy Director of Municipal Works. The report, which was considered earlier this evening in Committee of the Whole, recommends that Council pass the by-law appearing on tonight's agenda confirming the appointment of Mr. Michael Lostracco as Deputy Director of Municipal Works for the City of Niagara Falls, at the Job rate of the position range. The said appointment to be subject to a one year probationary period commencing July 11, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried wit~ the following vote: 'AYE: NAYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hopkins, Janvary, Orr and Pay. Alderman Puttick. See By-law No. 88-162. RESOLUTIONS No. 59 - CUMMINGS - PAY - RESOLVED that the unit prices submitted by Ben Berg Farm & Industrial, for the purchase of one (I) Brouwer riding lawn mower, be accepted at the low tendered amount of $12,922,20; AND the Seal of the · Corporation be hereto.affixed, Carried Unanimously. No, 60 - C[]NMINGS - PAY - RESOLVED that the unit prices submitted by Northland Bitulithic Limited for Contract A.C. 18-88 - hot mix asphalt overlays, be accepted at the low tendered amount of $546,945,37; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. · . · . 11 - 11- No. 61 - CII[~MINGS - PAY - RESOLVED that the unit prices submitted by Bear Construction Inc. for Contract S.S. 10-88 - Mewburn Road Sanitary Sewer, Pumping Station and Forcemain, be accepted at the low tendered amount of $311,022.58; AND the Seal of the Corporation be hereto affixed. Carried Unanimously~ No, 62 - CXI~II~S - PAY - RESOLVED that the unit prices submitted by J.H. Raham Limited, for stationery supplies, be accepted at the low tendered amount of $12,184.31; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws, and the by-laws be read a, first time: No. 88-148 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Orsini). No. 88-149 - A by-law to amend By-law No. 79-200, as amended. (AM-3/88 Orsini, Lundy's Lane & Belmont Avenue; Council approved the proposal for a 6 storey hotel February 8, 1988). No. 88-150 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under sub,action 4 or sub,action 5 of section 40 of the Planning Act, 1983. (Orsini). No. 88-151 - A by-law to amend By-law No. 79-200, as amended. (AM-16/87 694883 Ontario Ltd., 3584 Bridgewater Street; Report PD-87-87 approved by Council June 15, 1987). No. 88-152 - 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-16/87 694883 Ontario Ltd., 3584 Bridgewater St.). No. 88-153 - A by-law to assume a public walkway in Registered Plan P~61. No. 88-154 - A by-law to stop up and close and to authorize the sale and conveyance of two public lanes in the Z.B. Lewis Plan, now known as Plan II. NO. 88-155 - A by-law to amend By-law No. 5335, 1955, as amended by By-law No. 79-53. (AM-38/87 418478 Ontario Ltd., 5441 Spring St.; Report on tonight's Council Agenda). No. 88-156 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. 88-157 - A by-law to authorize the execution of a software license agreement. No. 88-158 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Buckingham Drive and the rear of Lots 6 and 7. No. 88-159 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited. No. 88-160 - A by-law to authorize the execution of an agreement with Bear Construction Inc. for Mewburn Road sanitary sewer, pumping station and forcemain. - 12 - No. 88-161 - A by-law to provide monies for general purposes. No. 88-162 - A by-law to provlde for the appointment of Municipal Officials. The motion Carried with Alderman Cheesman voting contrary on By-law Nos. 88-148, 88-149 and 88-150; with Aldermen Herrington and Hopkins voting contrary on By-law Nos. 88-148 and 88-149; with Aldermen Campbell, Coville and Harrington abstaining from the vote on By-law No. 88-161, on conflicts of interest previously recorded under Report No. F-88-36; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: No. 88-148 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. Np. 88-149 - A by-law to amend By-law No. 79-200, as amended. No. 88-150 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 88-151 - A by-law to amend By-law No. 79-200, as amended. No, 88-152 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 88-153 - A by-law to assume a public walkway in Registered Plan M-61. No, 88-154 - A by-law to stop up and close and to authorize the sale and conveyance of two public lanes in the Z.B. Lewis Plan, now kno~rn as Plan II. No. 88-155 - A by-law to amend By-law No. 5335, 1955, as amended by By-law No. 79-53. No. 88-156 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. ~ No. 88-157 - A by-law to authorize the execution of a software license agreement. Mo. 88-158 - A by-law to authorize an agreemen[ with the owners of land abutting the public walkway between Buckingham Drive and the rear of Lots 6 and 7. 88-159 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited, No. 88-160 - A by-law to authorize Construction Inc. for and forcemain, the execution of an agreement with Bear Mewburn Road sanitary sewers pumping station No. 88-161 - A by-law to provide No. 88-162 - A by-law to provide The notion Carried with Alderman monies for general purposes. for the appointment of Municipal Officials. Chessman voting contrary on By-law Nos, 88-148s 88-149 and ~ with Aldermen Barrington and Hopkins voting contrary on By-law Nos. 88-148 and 88-149; with Aldermen Campbell, Covilla and Harrington abstaining from the vote on By-law No. 88-161, on conflicts of interest preylously recorded; and with all others votlng in fayour, - 13 - NEW BUSINESS ITEM OF IBFFE~RST: Recreation Commission Annual Tour - Alderman Janvary reminded members of Council that the Annual Tour of the Recreation Commission was scheduled for June 14th, 1988, and invited as many members as possible to attend. C-nsda Day Activities - Alderman Janvary referred to the handout communications regarding the activities planned for Canada Days July 1st, 1988, and the request for a proclamation. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the proclamation be approved. Carried Unanimously. F~ Conference/Halifax, N.S. - Alderman Coville referred to a recent FCM Conference she had artended in Halifax, N.S., and advised that information wags available concerning the Conference. Fence Viewers Heeded - The Clerk asked Council members to submit names of persons who may be interested in filling the three vacant position of Fence Viewers for the City, since these positions have now become available. It was moved by Alderman Orr, seconded by Alderman Pay, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~jENTY-SIXTH MEETING COMMITTEE OF HE WHOLE Committee Room #1 June 27, 1988 Council met on Monday, June 27th, 1988, at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Baker, Hinsperger and Pay, were present. Alderman Patrick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND PTED, ...... oR ws REGULAR F~ETING Council Chambers June 27, 1988 Council met on Monday, June 27th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Baker~ Htnsperger and Pay, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the minutes of the regular meeting held June 13th, 1988, be adopted as printed. Carried Unanimously. WELCOME His Worship Mayor Smeaton welcomed former Mayor, Regional Police Commissioner Robert Keighan, to the meeting. PRESENTATIONS l~, SHIaLMY CARR, CLC- His Worship Mayor Smeaton welcomed Mrs. Shirley Cart, President of the Canadian Labour Congress~ to the meeting. He congratulated and presented her with a recognition plaque~ in honour of her "great ability~ sincerity and courage~ as well as her election as President of the Canadian Labour Congress. Mayor Smeaton expressed best wishes to her on behalf of Council. Mrs. Mary Little and Mrs. Grace Somerville, mother and sister of Mrs. Cart, as well as a friend, Mrs. Dorothy McCrumb, were welcomed to the meeting. &CHIMV]MKNT AWARD - MiSS NANCY ~ - His Worship Mayor Smeaton presented an Achievement Award to Miss Nancy Turner~ who placed third in the Women's World Powerlifting Championships in Belgium. Miss Turner is a three-time Canadian and four-time Ontario Powerlifting Champion. Meyer Smeaton expressed congratulations~ and best wishes for future success. DEPUTATION Mr. Mark Burrows, President of the Ontario Public Service Employees Union Local 209 and Chairman of the Ontario Regional Council, addressed Council on behalf of the Union. He expressed concern regarding the current financial problems at Niagara College, cutbacks in funding and ongoing Job losses. Mr. Burrows explained the following proposals of the College in order that the deficits may be made up: selling of land, cutbacks, sale of equipment and layoffs. His Worship Mayor Smeaton expressed the involvement of Council with respect to the students, faculty members and Board of the Niagara College, as well as the awareness and concern of Council regarding the difficulties at the College. UNFINISHF~ BUSINESS CITf.OF gOODSTOCK - RESIDENCES FOR MENTALLY HANDICAPPED PERSONS - Communication No. 164 (1988 05 09) - City of Woodstock - Re: Resolution. The communication requests that Council endorse a resolution to the Ontario Government that the Municipality have more input into the establishment, maintenance and control of residences for the mentally handicapped. - AND - Communication No. 219 - Social Planning Council of Niagara Falls - Re: Resolution - Residences for Mentally Handicapped persons. The communication recommends that, due to insufficient information, the resolution could not be supported or refuted. - AND - Communication No. 220 - Comunity Living Niagara Falls - Re: Woodstock Resolution - Residences for Mentally Handicapped Persons. The communication asks that Council not support the resolution. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the communications be received and filed. Carried Unanimously. REQUEST MR FENCING AT TNE W-5-2 MATERCOURSE BY Alt~3~ RE~II)M -- Report No. Hg-88-108 - Chief Administrative Officer - Re: Request for Fencing at the W-5-2 Watercourse by Area Residents. The report provides background information regarding Report MW-88-92, which was submitted to Council on June 6, 1988; refers to information received from the City'S Insurance Agent; and recommends consideration of both reports. Report No. MW-88-92 recommends the following: 1) That the matter of fencing the recently improved portion of the W-5-2 watercourse through the Thorold Stone Acres Subdivision be deferred for one year; and 2) That the snow fencing erected along the south side of the watercourse be removed. Mr. C. Martignago, 8178 Thorold Stone Roads discussed his concerns regarding fencing between his property and the piped right-of-way. It was generally agreed that Mr. Martignago's concerns were not a part of the subject item. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orrs that Report No. MW-88-92 dated June 6, 1988, and Report No. MW-88-108 be received and adopted. .The motion Carried with the following vote: AYEz Aldermen Campbell, Chessman, Coville, Cummings, Hopkins, Janvary, Orr and Puttick. NAYE: Alderman Herrington. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that the concerns of Mr. Nartignago be referred to Staff. Carried Unanimously. -3- COMMUNICATIONS No. 221 - Regional Niagara Planning & Development Deportment - Re: Memo 1397. The communication enclosed Memo 1397 regarding the possibilities of converting housing to permit an extra unit within existing residences. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the communication be referred to Staff. Carried Unanimously. No. 222 - A Peal for Peace, Canada - Re: Proclamation. The communication requests Council to proclaim September 20th, 1988, as "The United Nations later- national Day of Peace". ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the request be approved subject to established policy. Carried Unanimously. No. 223 - Miss Gall Motrole - Re: Fencing Right-of-Way. The communication requests that the former N.S. & T. right-of-way adjoining Miss Mottola's proper- ty to the south of Thorold Stone Road, be fenced, because of pedestrian and vehicular activity in the subject area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle, that the communication be referred to Staff. Carried Unanimously. No. 224 - Honourable Jim Bradley. Minister of the Environment - Re: Environmental Inventory Project. The communication advises that the City's request for financial assistance towards the Environmental Inventory Project has been approved. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummingss that the communication be received and filed. Carried Unanimously. No. 225 - United Way of Niagara Falls - Re: Waiver of Fees/Jack Bell Arena. The communication requests a waiver of fees for Jack Bell Arena during the week- end of Saturday, August 20ths 1988, for the 8th Annual Media Mixed Slo-Pitch Tournament. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the communication be referred to the Finance Committee for consideration. The motion Carried with the following vote: AYE: Aldermen Cheesman, Covllle, Cummings, Herrington, Hopkins and Janvary. NAYE: Aldermen Campbell, Orr and Puttick. No. 226 - Regional Councillor Peter Sobol - Re: Backflow Prevention Devices. The communication attaches Report MOH-11-88 from Dr. J.N. Burkholder, and the report of Dr. W. Herding le Riche, regarding the water contamination on St. Paul Avenue, Niagara Falls; and recommends that Council implement the recommendations in MOH-11-88, and establish a work program that will ensure the installation of backflow prevention devices in all commercial settings where the danger of backflow exists. As requested, the Maintenance & Operations Engineer submitted a pr~cis regarding the recommendations in the report of Dr. le Riche; stated that Council had dealt with the recommendations with respect to backflow prevention devices; and advised that a TV inspection of the sewers in the St. Paul Avenue area was scheduled for July 4th, 1988, and that a previous inspection iu 1981 had indicated a satisfactory condition in the sewers. He discussed the watermains in the subject area, as well as testing proceduress particularly with respect to '*total organic carbons'*, and explained that testing would be completed on a regular basis. His Worship Mayor Smeaton referred to questions raised by Regional Councillor Sobol at the Public Works Committee meeting held earlier on this date regarding whether or not the carbons in question were carcinogenic. Dr. Burkholder stated that tests indicate the water in Niagara Falls was as safe as anywhere in the Region. He referred to chronic exposure to cancer producing substances, as well as the question of a "reasonable possibility of sickness caused by substances in the water supply", and advised that there was -4- "circumstantial evidence that they could be in the water", but that there was "nothing in the tests". Dr. Burkholder suggested that the matter.0~ chronic exposure to cancer production was "irrelevant"; and that there was no hard evidence regarding cancer producing substances. In response to questions raised, Dr. Burkholder stated that the issue was whether organic carbon represented carcinogenic levels, and that he "would have explained the testing for organic carbon would non-specifically include the carcinogin present". He further explained that "total organic can't include in itself carcogenic substance". During the latter part of the meeting when Regional Councillor Sobol was in attendance, Mayor Smeaton advised him that Dr. Burkholder had submitted a verbal opinion that the water in Niagara Falls was considered to be safe for drinking purposes. Regional Councillor Sobol expressed concern for residents in the subject area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the communication be received and filed, and that Staff continue to work on the matter. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Covllle, Cummings, Hopkins, Janvary, Orr and Puttick. NAYE: Alderman Herrington. No, 22? - Chippaws Heritage Club - Re: Ye Olde Chippaws Days Bed Race. The communication requests temporary road closings on July 30th, 1988, in connection with the race. ORDERED on the motion of Alderman Cununtngs, seconded by Alderman Herrington, that the request be approved subject to notification of emergency and other interested agencies. Carried Unanimously. REPORTS CD-88-30 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Hunter Heights"; File No. 26T-88007. Owners: 743211 Ontario Inc., Mr. M. Carluecio, President. The report recommends that the City Clerk be authorized to process the application for the "Hunter Heights" Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. His Worship Mayor Smeaton advised that this was a final public meeting being held for the purpose of affording owners of property in the City the opportunity to provide input; to receive an explanation from the developers regarding details of the proposal; and declared the Public Mee~lng open. He reviewed the procedure to he followed, and asked that anyone wishing to receive further notice of the passage of the by-law submlt their names and addresses to the Clerk prior to leaving the meeting. Mr. Greg Hynde, of Hynde, Paul & Associates Incorporated of St. Catharines, and agent for the applicant, discussed the total acreage and location, and stated that the proposal deals only with the single family portion, 3.51 acres of the total parcel. He referred to the posted sketches of the development; discussed the Official Plan and zoning by-laws; stated that the intent was to develop the subject portion solely for residential at this time; referred to the proposed walkway, and surrounding land uses. Mr. Hynde expressed the view that the proposed single family residential subdivision was compatible with s~rround- in8 land uses. A discussion ensued regarding the proposed walkway, and the policy of Cotincil and Staff to discourage the use of a cul-da-sac, as well as the proximity and use of the Rod and Gun Club. Mr. Robert F. Keighan, 7650 Fern Avenues expressed concern regarding the density of the proposed units in comparison with the neighbouriug lot sizes and discussed the desire of residents in the area that a variation of lot sizes be approved. He requested that the concerned residents be notified of the date that the matter would he considered again by Council. -5- The following additional residents were in attendance to express their concerns: Peter Kostyk, 7581 Dorchester Road; 3ames Waters, 7591 Dorchester Road; Kim Hein, 7611 Dorchester Road; Donna Sills, 7601 Dorchester Road; Linda Dobson, 7638 Fern Avenue; and Marilyn A. Cuff, 7626 Fern Avenue. They were concerned with the proposal for additional multiple-family units in the area, increased traffic, and the cul-de-sac. The Director of Planning & Development replied to questions raised regarding the density of the proposed units, and indicated understandir~ of the netghbourhood concerns. Following the discussion, Mr. Hynde advised that the developer was beginning negotiations, and that alternative suggestions would be made for lower density in the area, to be considered by Staff. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Herrington, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. (I)-88-31 - 6"nief Adsfnfstratfve Officer - Re: Disposal of Unopened Road Allowance - Hiebert. The report recommends that Council authorize Staff to proceed with the closing and sale of an unopened road allowance between Stamford Lot 9 and Gore Lot 10, located Just south of the C.N.R. right-of-way on the west side of Garner Road, north of Mountain Road, to Mr. Jake Hiebert, the abutting owner. The said unopened road allowance to be sold to Mr. Hiebert for $1,000.00 as established by an Opinion of Value, along with the cost of obtaining the Opinion amounting to $250.00, and survey costs if a survey is required. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. PD-88-94 - Environsental PJ.--in~ Cosmittmm- Re: Procedures for City Involvement in Land Use of Contaminated Sites. The report recommends the following: 1) That the City notify owners of contaminated waste sites informing them of the contamination and that, in spite of existing zoning, the City may not support development or redevelopmeat of these sites; 2) That Staff be directed to explore the feasibility of interim land use controls; 3) That Staff be directed to contact such land owners and the Ministry of the Environment to explore the feasibility of studies of the contaminated sites; and 4) That the City request the Ministry of the Environment to keep Staff informed of ongofng studies and any remediatfon. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesmans that the report be received and adopted. Carried Unanimously. PD-88-96 - Chief Administrative Officer - Re: 594480 Ontario Limited; 5815 Victoria Avenue. The report recommends the following: 1) That City Councils prior to the passing of the amending by-laws determine by resolution in accordance with Section 34(10) of the Planning Acts 1983, that the change to the proposal will not require the giving of any future notice; 2) That City Council enact By-law No. 88-165 in accordance with Section 34(17) of the Planning Acts for the development of a nine-storey 126 unit hotel. During the discussion, Council noted that the applicant had not adhered to the suggestions made at the previous Council Nesting on August 10th, 1988, when the application was approved in principles subject to conditions outlined in the 6 report. The Director of Planning & Development explained that the applicants did not wish to prepare detailed site plans, and that the by-law complied with the directions of Council. He further advised that the applicants would be bound by the zoning by-law and that Council approval would still be required for the site plan. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Chessman, that the recommendations of Staff be denied. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, theeamen, Coville, Cummings, Harrington, Hopkins, Janvary and Orr. Alderman Puttick. PD-88-93 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control; Lots 83, 84 and 85 - Wildrose Crescent, Drummond Park Village (R.P. M-77). The report recommends that the request from R. Lewandowski on behalf of Kenmore Homes (1987) Inc., to exempt from Part Lot Control Lots 83, 84 and 85 (Registered Plan ~r'77), be approved, and that Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control. The City Solicitor expressed the opinion that this procedure was in accordance with the way the City has worked in the past. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See By-law No. 88-166. B-88-39 - Chief Administrative Officer - Re: Property Standards By-law No. 74-204; Mr. Martley, 7958 Mulhern Street. The report recommends, under clause (a) of subsection 7.1.4 of By-law 74-204, that the Corporation retain a contractor to forthwith complete the work which Mr. Hartlay was directed to carry out under the Order served on March 4th, 1988, and that pursuant to subsection 7.10.5 of said By-law 74-204, any expense incurred by the Corporation, its servants or agents in carrying out the work aforesaid, be recovered in a like manner as Municipal taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. B-88-40 - Chief Administrative Officer - Re: Plan 40, Lot 100; 0.H.R.P. Loan No. 2625000-816. The report recommends that Council approve the applica- tion for the Ontario Home Renewal Program, Loan No. 2625000-816, Plan 40, Lot 100. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-88-41 - Chief Administrative Officer - Re: North Pole Furs & Gifts; 5687 Stanley Avenue. the Agenda. Site Plan Approval - Proposed This report was withdrawn from B-88-42 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Backers Milk Store; Drummond Road and Dixon Street (S/E corner). The report recommends that the Council approve the site plan(s)'on display at tonight's meeting, being a proposed Backers Milk Store, and the site plan being drawing number SP-1 dated June, 1987, and the landscaping plan being drawing number SP2 dated April 25th, 1988, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 20th, 1988, and that such approval be 8ubJect to the conditions contained in the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. B-Sg-43 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Parking for Concord Hotel, 5769 Ferry Street (AN-6/88). The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed parking area extension for the Concord Hotel, and the site plan being drawing number I dated June 14th, 1988, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 20th, 1988, as revised, and that such approval be subject to the conditions outlined in the -7- ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrlngton, Orr and Puttick. Aldermen Janvary and Hopkins. B-88-44 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Fairview Mausoleum; Portage Road (east side, abutting Ontario Hydro Canal) (AM-4/87 Niagara River Construction). The report recommends that the Council approve the site plan(a) on display at tonight's meeting, being a proposed mausoleum, and the site plan being drawing number 1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 7th, 1988, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously.. R-88-22 - Chief Administrative Officer - Re: Purchase of Track & Field Equipment. The report recommends that Staff be authorized to purchase track and field equipment from Sports Equipment of Toronto for $5,118.00 and from Apple Athletic Products Inc. for $2,418.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 64. R-88-23 - Recreation Commission - Re: Recreation Information Directory. The report recommends that the attached draft Recreation Information Directory and report be received and filed. Alderman Campbell commended Staff on their efforts regarding the Directory. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. R-88-24 - Aldemn Janvary, Niagara Falls Canada Day Committee - Re: Canada Day Parade. The report recommends that Council approve the Canada Day Parade to be held on July let, 1988. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. R-88-23 - Chief Administrative Officer - Re: Supply & Installation of Chain Link Fencing at Various Parks. The report recommends that approval be given to place an order with Sheppard Fencing for chain link fencing for a total cost of $15,525.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. F-88-37 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,227,521.13 for the period ending June 27th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Coville declared a conflict of interest on Cheque No. 33144 because she is directly involved. Alderman Harrington declared a conflict of interest on Cheque No. 33317 because he is employed by the Board. Alderman Hopkins declared a conflict of interest on Cheque No. 33302 because a member of his family has a business interest. Additional information was provided on Cheque No. 33205. ORDERED on the motion of Alderman Janvary, seconded by Alderman |tarrington~ that the report be received and adopted. The motion Carried with Aldermen Coville, Herrington and Hopkins abstaining from the vote on'~ue Nos. 33144, 33317 and -8- 33302 respectively, on conflicts of interest previously recorded; with Aldermen Herrington voting contrary on Cheque No. 33302; with Alderman Orr voting contrary on Cheque Nos. 33201 end 33302; and with all others voting in fayour. Sea By-law No. 88-170. F-88-38 -Chief Adsiulstrative Officer - Re: Local Improvement By-law. The report recommends that Council adopt the by-law appearing on this evening's Agenda authorizing the financing of the owners' share of local improvements in the amount of $66,310.39 for a term of ten years, at the rate of 10.25% ORDERED on the motion of Alderman Cummings, seconded by Alderman Barrington, that the report be received and adopted. Carried Unanimously. See By-law No. 88-168. H-88-12 - Hayor Smeaton - Re: Special Committee - Guide Signing & Tourism Economic Study. The report asks Council to approve the formation of a new Committee to address Guide Signing as it relates to Tourtam and General Commerce and Public Parking; that Alderman Pat Cummings be authorized to act as Chairman, and Mayor Smeaton to participate. ORDERED on the motion of Alderman Orr, seconded by Alderman Covflle, that the report be received and adopted. Carried Unanimously. M-88-13 - Hayor Smearart- Re: Niagara Parks Commission's Controlled Access Highway Draft Legislation Report. The report advises that Council's protest regarding the subject matter has been forwarded to the Premier end Members of Cabinet, provides information with respect to actions taken to resolve the situation, and attaches a Memo of Understanding for land uses along the Niagara Parkway. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimously. (1-88-14 - Chief Adsinistrative Officer - Re: Railway Bridge Over the Welland River in the Former Village of Chippawn. The report provides informa- tion that the above mentioned railway bridge will be removed and the crossing through Front Street eliminated, if the shortening of the spur does not adversely affect the operation of CP rail; and recommends that the information be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. O-88-15 - Chief Administrative Officer - Re: Lots 21 and 22, Plan M-67, Falls Business Park Extension. The report recommends that CoUncil authorize the sale of Lots 21 and 22, Plan M-67, Falls Business Park Extens on, to Penn Oxygen Limited, at the purchase price of $64,960.00, subject to the purchasers entering into an Agreement of Purchase and Sale, and that Council enact the by-law to authorize the sale of this lot. ORDERED ou the motion of Alderman Orr, seconded by Alderman Covilles that the report be received and adopted. Carried Unanimously. See By-law No. 88-167. Nk}-88-102 - Municipal Works Cossaittee- Re: Committee Reports. The report recommends the following: 1) Ng-88-93, Service Ce~tre lsprovesents - It is recommended that: (i) The necessary by-law to authorise an agreement with Chapman Murray Asssociates Architect be prepared; and (if} The necessary by-law be prepared to authorise a licerice agreement with Ontario Hydro for lands on Stanley Avenue opposite the-present Service Centre. 2) NM-88-98, Household Hazardous Waste Day- It is recommended that this advisory report be received for information. ORDERED on the motion of Alderman Coville, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. 9 9 Ng-88-i09 (HANDOUT) - Municipal Parking & Traffic C~mmittee - Re: Committee Reports. The revised report recommends the following: 1) MM-88-104, HUggins Street - Speeding Complaint - It is recommended that 50 km/hr speed limit signs not be installed on Huggins Street; 2) MW-88-79, REVISED- Parking on Morrison Street - It is recommended that "No Stopping Anytime" restrictions be placed on the south side of Morrison Street from St. Clair Avenue to a point 15 mettea west; 3) MW-88-I03, Parking Request - Criminal Hall of Fame 5751 Victoria Avenue (Regional Road ~51) - It is recommended that the request from Mr. J. Lombardi (Criminal Hall of Fame, 5751 Victoria Avenue) to park an "Old Fashfoned Car" in a metered space in front of his business from June 15th to September 15th, 1988, be approved, and that the matter be considered further by the Municipal Parking and Traffic Committee after this time period. ORDERED on the motion of Alderman Orrs seconded by Alderman Cummings, that the revised report be received and adopted. Carried Unanimously. fl-88-16 (HANDOUT) - Chief Administrative Officer - Re: Additional Lands for Industrial Use. The report, which was considered earlier this evening in Committee of the Whole, provides background information regarding action under the subject matter, and recommends that Council approve the acquisition of an option on 156 acres of land owned by Welland Securities Limited for a period of fifteen months, at a cost for the option of $25,000.00, to be credited to the purchase price if the lands are acquired by the City. The report further recommends that the by-law authorizing the execution of the option agreements appearing on tonight's agenda, be approved. It was moved by Alderman Orr, seconded by Alderman Campbell, that the purchase not be approved. Following a discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings, that the matter be tabled. The motion to table, which took precedence, was Defeated with the following vote: AYE: Aldermen Campbell, Cummings and Puttick. NAYE: Aldermen Cheesman, Coville, Harrington, Hopkins, Janvary and Orr. The original motion that the purchase not be approved was Defeated with the following vote: AYE: Aldermen Campbell, Cummings, Orr and Puttick. NAYE: Aldermen Chessman, Coyills, Herrington, Hopkins and Janvary. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cheesman, that the report be received and adopted, that Staff be authorized to proceed with the purchase, and that the by-law be executed. The motion Carried with the following vote: AYE: Aldermen Cheesman, Coville, Herrington, Hopkins and Janvary. NAYE: Aldermen Campbell, Cummings, Orr and Puttick. See BF-law No. 88-171. F-88-39 (HANI~) - Chief Administrative Officer - Re: 4463 Queen Street. The report, which was considered earlier this evening in Committee of the Whole, recommends that City Council consider the request of Mr. Eugene Nickel to "redeem" his prior property at 4663 Queen Street. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr~ that Council rise and report, and deal with this matter. Carried Unanimously. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Coville, that Staff be authorized to proceed with the sale of this property, and that the press receive a copy of the report. Carried Unanimously. - 10 - RESOLUTION The resolution on tonight's agenda regarding AM-21/87, 594480 Ontario Ltd., 5815 Victoria Avenue~ was withdrawn. No. 63 - (I]HMINGS - JA~aY - RESOLVED that the following Aldermen be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton: - Alderman Charles Chessman be appointed Acting Mayor from July 10th to lath, 1988, inclusive; and - Alderman Done Covtlle be appointed Acting Mayor from July 19th to 27th, 1988, inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 64 - 6~IM~S - JAM~aY - RESOLVED that the unit prices submitted by Spqrts equipment of Toronto in the amount of $5,118.00, and by Apple Athletic Products Inc. in the amount of $2,418.00, for the purchase of track and field equipment, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-163 - A by-law to amend By-law No. 79-200, as amended. (AM-6/87 V. & G. Golia, 6179 Toby Crescent; Report PD-88-27 approved by Council February 8, 1988). 88-164 - 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-6/87 V. & G. Golias 6179 Toby Crescent). 88-165 - Withdrawn. 88-166 - No. 88-167 - A by-law to designate certain land not to be subject to part lot control. (Lots 83, 84 and 85~ Plan M-77, Wildrose Crescent; Report PD-88-93). ~ A by-law to authorize the sale of land in the Falls Industrial Park Extension Subdivision. (Report C-88-15). No. 88-168 - A by-law respecting the financing of local improvement charges. (Report F-88-38). 88-169 - A by-law to authorize a subdivision agreement with 687876 Ontario Limited respecting Drummond Park Village Extension 2 Subdivision. No. 88-170 - A by-law to provide monies for general purposes. 88-171 - A by-law to authorize the execution of an Option to Purchase lands for a proposed Industrial Subdivision. (Report C-88-16). The motion Carried with Alderman Hopkins voting contrary on By-law Nos. 88-163 and 88-164; with Alderman Coville abstaining from the vote on By-law No. 88-169, on a conflict of interest~ because the company she is employed with has a business interest; with Aldermen Coville, Herrington and Hopkins abstaining from the vote on By-law No. 88-170, on conflicts of interest previously recorded under Report No. F-88-37; with Aldermen Harrington and Orr voting contrary on By-law No. 88-170 as previously recorded under Report No. F-88-37| with Aldermen Campbell, CumminEs, Orr and Puttick voting contrary on By-law No. 88-171 as ~re- yously recorded under Report No. O-88-16; and with all others voting in favour. ,,o,11 - 11 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the following by-laws be now read a second and third time: No. 88-163 - A by-law to amend By-law No. 79-200, as amended. 88-164 - 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 Acts 1983. No. 88-165 - Withdrawn. No. 88-166 - A by-law to designate certain land not to be subject to part lot control. No. 88-167 - A by-law to authorize the sale of land in the Falls Industrial Park Extension Subdivision. No. 88-168 - A by-law respecting the financing of local improvement charges. No. 88-169 - A by-law to authorize a subdivision agreement with 687876 Ontario Limited respecting Drummond Park Village Extension 2 Subdivision. No. 88-170 - A by-law to provide monies for general purposes. No. 88-171 - A by-law to authorize the execution of an Option to Purchase lands for a proposed Industrial Subdivision. The motion Carried with Alderman Hopkins voting contrary on By-law Nos. 88-163 and 88-164; with Alderman Coyills abstaining from the vote on By-law No. 88-169, on a conflict of interest previously recorded; with Aldermen Covilles Marrington and Hopkins abstaining from the vote on By-law No. 88-170, on conflicts of interest previously recorded; with Aldermen Herrington and Orr voting contrary on By-law No. 88-170 as previously recorded; with Aldermen Campbell, Cummings, Orr and Puttick voting contrary on By-law No. 88-171 as previously recorded; and with all others voting in fayour. NEW BUSINESS New Brunswick Alderman - Alderman Janvary reported that she had received a call from an Alderman from New Brunswick, who was passing through Niagara Falls on a visit to Buffalos N.Y.s and upon requests had provided the visiting Alderman with a Canadian Flag. Alderman Janvary conveyed an invitation to Council members to visit the Alderman in New Brunswick. It was moved by Alderman Puttick, seconded by Alderman Coville, that the meeting adjourn. Carried Unanimously. READ A~Ds TWENTY-SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 July 4, 1988 Council met on Monday, July 4th, 1988, at 4:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman ttopkins who was absent on a conflict of interest because he is involved in the organization, and Aldermen Baker and Hinaperger, were present. His Worship Mayor Smeaton presided as Chairman. Following consideration of the item presented~ the Committee of the Whole arose to report in open session. SPECIAL MEETING Committee Room #1 July 4, 1988 Council met on Monday, July 4th, 1988, at 4:35 p.m. for the purpose of considering a Special Item. All members of Council, with the exception of Aldermen Baker, Hfnsperger and Hopkins, were present. His Worship Mayor Smeaton presided as Chairman. UNFINISHED BUSINESS KII~SBRT~R 'rHEAI'RE - Mr. A.A. MacBain, Solicitor for the Kingsbridge Theatre, and Mr. Ron Lows, Mrs. Arlene Clark and Mr. George Hill, members of the Board of Directors, Kingsbrldge Theatre, met in Committee of the Whole. On behalf of the Board, Mr. MacBain explained the current financial situation of the Theatre, and requested that the balance of the holdback funds in the amount of $10,250.00, received from the City and intended for maintenance purposes, be used in the current financial crisis. Following a discussion the decision was made to Rise and Report. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the request for financial assistance be denied, and the holdback funds be used for maintenance purposes. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Cummingss Herringtons Janvarys Orr, Pay and Puttick. NAYE: Alderman Chessman. It was moved by Alderman Campbell, seconded by Alderman Herrington, that the meeting adjourn to Committee of the Whole. Carried Unanimously. ~PTED, . CITY CLERK S. SMEATON -2- COMMITTEE OF THE WHOLE Committee Room #1 July 4, 1988 Council met on Monday, July 4th, 1988, at 4:45 p.m, in Committee of the Whole, following a Special Meeting. All members of Council, with the exception of Aldermen Baker and Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, f//~ COUNCIL MEETING Committee Room/;1 July 4, 1988 Council reconvened in formal session on Monday, July 4th, 1988, following a meeting in Committee of the Whole. All members of Council, with the exeption of Aldermen Baker and Hinsperger, were present. His' Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND PTED, · I . SMEATON TWENTY-EIGHTH MEETING C0[LMITTEE OF THE WHOLE Committee Room #1 July 11, 1988 Council met on Monday, July llth, 1988, at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton and Alderman Baker, were present. Alderman Campbell presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. y D/~OPTED' / CITY CLERK~' ~ ....... ~C~I~G'M~Y~R'C~A~L~S'C~E~S~A~ PLANNING/REGULAR MEETING Council Chambers July 11, 1988 Council met on Monday, June llth, 1988, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of His Worship Mayor Smeaton, and Alderman Baker, were present. Acting Mayor Charles Cheesman presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hopkins requested that the minutes of July 4th, 1988 be amended to indicate that he was absent from the first Committee of the Whole meeting and the open session on a conflict of interest, because a member of his family has a business interest in the Kingsbridge Theatre. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the minutes of the regular meeting held June 27th, 1988, be adopted as printed, and the minutes of the Special Meeting held July 4th, 1988, be adopted as amended. Carried Unanimously. DEPUTATIONS It was generally agreed that the following Deputations be brought forward. TAX ARRR~ - Cossun/cation No. 228 - Saltan gtzadi - Residence Tax. The communication requests permission to address Council regarding the subject matter. - AND - Comsunication No. 229 - A.D. Henderson, Solicitor - Re: Tax Arrears -Gene Nickel. The communication advises that Mr. Nickel wishes to redeem the .property at 4665 Queen Street, and that a mortgage has been arranged on the properties at 4671 and 4665 Queen Street in order that all tax arrears and penalties owing to the City may be repaid. - AND - Cosmunication No. 230 - Frank Framer, Solicitor - Re: Tax Arrears - Fred Cipparone, 5783 Stanley Avenue. The communication advises that the writer, and Mr. Cipparone will be in attendance at the Council meeting scheduled for July llth, 1988~ to make a presentation regarding the subject property. - AND - Mr, Philip C. Lococo, Solicitor, indicated a wish to address Council on behalf of Mr. Don Cipparone. The Chief Administrative Officer reviewed action taken at a recent Council meeting with respect to the property at 4663 Queen street, as well as the proposal made by Mr. A.D. Henderson, Solicitor for Mr. Gene Nickel, that the property be redeemed by the payment of tax arrears and penalties on this and other properties. He advised that the Committee of the Whole had found the proposal acceptable, providing the monies were received by August 10th, .1988. -2- The Chief Administrative Officer further advised that the properties referred to in the aforementioned contacts were considered in Committee of the Whole earlier this evening, and similar arrangements for payment had been proposed by ~he Solicitors on behalf of their clients, as the proposal for the'property at 4665 Queen Street. The Committee of the Whole had agreed to reconvey the properties to the former owners. Alderman Puttick expressed the opinion that the suggested arrangement was unfair to Mr. Saltan Etzadi, and that a monthly payment plan would be more equitable in this instance. The Chief Administrative Officer stated that Mr. Etzadi might approach Staff at any time prior to August 10th, 1988, to discuss a proposal for payment of tax arrears. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the decision made in Committee of the Whole be ratified, to allow redemption of the four above mentioned properties, providing payment was made prior to August 10th, 1988, and the transfer of ownership back to the former owners through Quit Claim Deeds. The motion Carried with Alderman Puttick voting contrary regarding Mr. Etzadi, and with all others voting in favour. REPORTS - PLANNING MATTERS PD-88-103 - Chief Administrative Officer - Re: Zoning Amendment Appliga~ion AM-19/88, P.R.F. Inc.; Thorold Stone Mall Expansion; Par~ of Township Lot 73. The report recommends the following: 1) 2) That Council support the application to amend the zoning of the subject landss facilitating the construction of an expansion to the Thorold Stone Mall, as detailed in PD-88-99; That approval of the application be conditional upon an ~greement with the City for the exchange of lands requested, and further, that the applicant enter into a development agreement with the City for the extension of Marland Avenue to St. Mary's Street, ensuring the following: - that full services are provided as in residential subdivisions; - that the extension is designed to the satisfaction of the Cit]'s. Municipal Works Department; - that the total estimated costs of Municipal services are deposited prior to a building permit being issued for the mall expansion; 3) That the developer be responsible for the cost of relocating utilities (gas, telephones etc.) that may be required on the section of Marland Avenue presently owned by the City; 4) That any parking areas created be no closer to the proposed street line than the average setback of the residential properties on St. Mary's Street; 5) That Staff be directed to prepare the necessary by-law amendment ~oF enactment at a subsequent Council meeting; 6) 7) the That the lands be placed under Site Plan Control in order to address such matters as fencing, lighting, grading and the provision of landscaping between the proposed structure and the proposed street line; That the applicant and Regional Municipality of Niagara.be advised accordingly. Acting Mayor Cheesman declared the Public Meeting open, and explained that procedure under the Planning Acts 1983s would be followed. -. The Clerk advised that the property was located west of St. Hary's Street and north of Thorold Stone Mall; and that the application wss to amend the Zoning By-law to permit the construction of a 1s817 square metre (19,560 sq. ft.) expansion to the Thorold Stone Mall. He further advised that applicant was Pagebrook Realty Fund Inc. (P.R.F. Inc.)~ and that Notices of the Public Meeting were forwarded on June lOths 1988. 3 Acting Mayor Chessman reviewed the procedure to be followed, and received a positive indication that the agent for the applicant was in attendance, as well as a positive response to his request for a show of hands from persons present in fayour of, or opposed to the application. He asked that persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The 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-88-99: Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments From The Public Notifichtion Process; and Planning Review. He replied to questions raised with regard to adjoining lands, fencing, land exchange, the new road and services on the development, as well as access to the plaza. Mr. Donald Murchie, 3893 Orlando Drive; and Mr. Alec Kostiuk, 6025 St. Mary's Street, requested clarification regarding the application, and expressed concern respecting problems created by the present plaza in terms of inadequate garbage clean-up, traffics and "buggies" piled against a residential fence. Information was requested regarding proposed fencing of the property, and the suggestion that access to the plaza, from St. Mary's Street, should be for emergency purposes only. Mr. Gary Kraus, representing the Sooter Portrait Studios Ltd. on the Plaza, suggested that a pedestrian walkway to the mall should be provided for residents in the adjacent neighbourhood; and discussed concerns regarding pedestrian and vehicular access to the plaza. Mr. Ernest Bodners Mtlran Development Consultants, explained that the new owners of part of the land, Roycom of Halifax, had been contacted regarding some previously known concerns of adjacent residents, and that Roycom had begun contacting managers of the properties to address the difficulties. He advised that an attempt was being made to clear up existing difficulties and not "create new ones". Mr. Bodner suggested that the addition would provide an opportunity to incorporate both properties and to address problems regarding the dumpstar location in the total plazas as well as to improve shopping for nearby residents. In response to questions raised, Mr. Bodner stated that he would study the traffic situation in connection with the plaza, but was not in a position to ~ake a commitment regarding the road; that the applicant would be responsible for the cost of road services on St. Mary's Street; and that an agreement would be completed with the City. He stated further, that subject to approval of the application, construction would begin in the spring of 1989. The Chief Administrative Officer outlined the procedure taken subsequent to complaints being received regarding fast food outletss and the cooperation given by those outlets. Since no further comments were forthcoming, Acting Mayor Cheesman declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Coyillss that the report be received and adopted. It was further recommended that the concerned residents be included in the site plan process. Carried Unanimously. PD-88-I04 - Chief Administrative Officer - Re: Zoning Amendment Application AM-21/88, W. & W. Racey; Part of Township Lot 201, 7972 Thorold Town Line Road. The report recommends the following: 1) That Council support the proposed amendment to the Zoning By-law to permit the establishment of a scrap yard operation on the subject lands; 2) That concerns of the Ministry of the Environment be addressed to their satisfaction; 3) That conditions included in the Niagara Regional Health Services Department be met to their satisfaction; 4) That a 3 metre (10 ft.) road widening strip be dedicated to the Citys along the property's full frontage on Brown Road; -4- 5) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 6) That the site plan reflect all of the requirements of the appropriate licensing body; 7) That the lands be included under Site Plan Control in order to address such matters as landscaping, buffering, fencing, lighting, surface treatment, parking, etc., and that the applicant be required to enter into an agreement with the City; 8) That the applicant and the Regional Municipality of Niagara be advised accordingly. Acting Mayor Chessman declared the Public Meeting open, and advised that the procedure would be similar to that followed in the previous application under the Planning. Act, 1983. The Clerk advised that the property owned by W. & W. Racey, was located at 7~72 Thorold Town Line, on the northeast corner of the intersection of Thorold Town Line Road and Brown Road; and furthers that the application was to amend the Zoning By-law site specifically, in order to permit a salvage yard operation to be established on the subject lands. Re stated that the Notices of the Public Meeting were forwarded on June 10ths 1988. Acting Mayor Cheesman received a positive indication of the presence of the applicant or his agent; and a positive response to his request for a show of hands indicating the presence of persons in fayour of, or opposed to the application. He requested that all persons wishing to receive further notice of the passing of the by-laws submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject land8 with the assistance of posted sketches; and reviewed the following information contained in Technical Report No. PD-88-101: Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments From Public Notification Process; and Planning Review. Me responded to questions raised regarding the requirements of the Ministry of the Environment; height requirements with respectlto fencing~. and the City's controls in connection with scrap yards. The Chief Administrative Officer referred to concerns raised respecting controls on salvage operations in the City, end complaints received. He further discussed the procedure with regard to operating without a licehue. There was a negative response to Acting Mayor Cheesman's request for comments from persons in fayour of, or opposed to the application. Mr, Brian Sinclair, Solicitor for the applicants, provided a brief summary 'of the applicants' business background in Niagara Falls, and their acquisition of the subject lands, as well as the beneficial aspects of the proposal and the location. He expressed agreement with the recommendations, and stated that they were prepared to enter into a site plan agreement. Since no further comments were forthcoming, Acting Mayor Chessman declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Hlnsperger, that the. report be received and adopted. Carried Unanimously. PD-88-105 - Chief Administrative Officer- Re: Zoning Amendment Application A~22/88, Niagara Falls Christian Fellowship; 6970 Mountain Road. The report recommends the following: 1) That Council support the proposed amendment to the Zoning By-law, reducing the number of required parking spaces as detailed in PD-88-97; 2) That concerns regarding the lack of storm sewers be addressed to the satisfaction of the City's Engineering Departments prior to Council's consideration of the by-law; -5 - 3) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 4) That the lands be placed under Site Plan Control, in order to address such matters as landscaping, buffering, fencing, lighting, surface treatments etc.; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. Acting Mayor Cheesman declared the Public Meeting open, and advised that the same procedure, as in the previous applications, would be followed under the Planning Act, 1983. The Clerk advised that the property, owned by the Niagara Falls Christian Fellowship, was located at 6970 Mountain Road, being on the south side of Mountain Road between Dorchester Road and Woodfleld Avenue; and that the applicant had requested approval for the existing single family dwelling and detached garage to be demolished, in order to facilitate the construction of an addition to the existing church. He stated that the Notices of the Public Meeting were forwarded on June 10th, 1988. Mr. John Kendall, J.B. Kendall Homes Ltd., indicated his presence as agent for the applicant. Acting Mayor Cheesman received a positive response to his request for a show of hands to indicate the presence of persons in favour or, or opposed to the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. Alderman Cummings declared a conflict of interest because he is a member of an Association which owns property directly across the street from the subject lands. He retired from the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information which was included in Technical Report No. PD-88-97: Official Plan; Zoning By-law Amend- ment; Surrounding Land Use; Comments From The Public Notification Process; and Planning Review. He responded to questions raised regarding landscaping requirements, and parking spaces. Mr. Arthur Moss and Mrs. Franca Moss, 2470 Noella Crescent, were in attendance. Mr. Moss referred to the concerns outlined in his letter which was attached to Report No. PD-88-105, in terms of additional parking spaces, buffsrings fencing, and drainage. He suggested the possibility of a reduction in the required parking spaces, and discussed the proximity of the proposed structure to Mountain Road. Mrs. Moss discussed the railway tie, wall structure which bed been installed on their property in order to deflect storm water drainage flowing from the Church property; and referred to the current lawn space as a play and picnic area. She expressed objection to the green space being utilized for additional parking, and expressed the opinion that it would not be required. A lengthy discussion ensued regarding parking requirements, the possibility of accom~odating the parking spaces in a different section of the subject property than the proposal indicateds and possible alternatives to paving the parking area. Mr. Kendall stated that action would be taken to obviate problems which had caused concern to neighbouts; expressed the desire to cooperate with the neigh- bouts respecting parking, and stated that the goal of the proposal was to satisfy the parking requirements of the City. He replied to questions raised regarding relocation of the proposed sanctuary because of future road widening, and advised that information received from the Region earlier today indicated that the requirement for future road widening would be 10 feet, and further, that they would have no objection to the proposal at this time. Since no further comments were forthcomings Acting Mayor Chessman declared the Public Meeting closed. ORDERED On the motion of Alderman Puttick, seconded by Alderman Campbell, that the report be received and adopted, subject to possible modification of recom- mendation No. 1, retention of the greenery north of the adjacent residences, and a barrier to obviate parking on the said green space. It was further recommended that the concerned residents articipate in the site planning ~eG~,ss, Carried Unanimously, (Alderman ~ummings was not present during the 6 Acting Mayor Chessman declared a five minute recess at 9:45 p.m. Following the recess, Council reconvened for the balance of the meeting. PD-88-102 - Chief Adainistrative Officer- Re: Zoning Amendment Application AM-23/88, J. Kendall; Stanley Avenue. The report recommends the following: 1) That Council not support the proposed amendment to Zoning By-law 79-200, to allow a commercial photographer; 2) That Council support the proposed amendment to Zoning By-law 79-200, tnsofar as to allow a contractor or trademan's shop; 3) That retailing be permitted from the site, limited to not more than 30% of the floor area for any one unit, and not to exceed a maximum of 93 square metre, (1,000 sq. ft.) for said unit, in accordance with the proposed zoning application; 4) That no outside storage be permitted in association with any uses permitted; 5) That the minimum required front yard be reduced from 10 metre, (32.8 ft.) to 1.8 m (6 ft.), insofar as the northerly building location is concerned; 6) That the minimum front yard landscaped open space provision not be varied to the extent proposed, however, the developer work with the Site Plan TechntcaI Committee to better approximate the required provision; 7) That possible improvements to ingress and egress from the site be discussed with the applicant involving City and Regional Staff; a) That a revised site plan be prepared in accordance with the foregoing provisions prior to the enactment of implementing by-law. Acting Mayor Chessman declared the Public Meeting open, and adivsed that the procedure under the Planning Act, 1983, would be followed, as in the previous applications. The Clerk stated that the property, owned by John Kendall, was located on the west side of Stanley Avenue, south of Thorold Stone Road; and that the applicant was requesting an amendment to Zoning By-law 79-200, in order to allow a commercial photographer, a contractor or tradesman's shop~ and a maximum of 30% of the gross floor area to be used for retail purposes in a proposed industrial plaza. Re further stated that the Notices of the Public Meeting were forwarded on June 10th, 1988. Alderman Coville declared a conflict of Interest because her place of employment was involved. Acting Mayor Chessman noted that the applicant was in attendance, and received a positive response to his request for a show of hands tndtcatihg the presence of persons in fayour of, or opposed to the application, He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting, The 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-88-100: Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments From Public Notification Process; and Planning Review. He replied to questions raised regarding the suggested changes to the application. There was a negative response to Acting Mayor Cheesman's request for comments from persons, other than the applicant, in fayour of the proposal; and a negative response regarding persons opposed to the application. Mr. John Kendall discussed the number of parking spaces, manoeuvrabtlity of large trucks, adjacent open hydro lands, percentage of proposed landscaping, and types of materials being utilized. He expressed agreement with "most of the recommendations", and stated that he would be "happy to work with Staff" on recommendation number 6. Mr. Kendall advised Council that the planned access from the curve may be moved, and that arrangements were being made with the owners of the adjoining lands to the south for Joint access from Stanley Avenue. He further advised that the requirements of the Region had been met. Since no further comments were forthcoming, Acting Mayor Chessman declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. PD-88-106 - Chief Administrative Officer - Re: Zoning Amendment Application AM-24/88, David Walker; Lot 7, Plan 228, Oakwood Drive. The report recommends the following: 1) 2) That Council support the proposed amendment to the Zoning By-law, adding a contractor's or tradesman's office as a permitted use on the subject lands; That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; s) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Cosaunication No. 231 - Ministry of Transportation - Re: Proposed Zoning By-law Amendment; Lot 7, Plan 228, "0ffice Commercial", Q.E.W. District 4, Burlington. The communication outlines the requirements of the Ministry regarding the subject application. Acting Mayor Chessman declared the Public Meeting open, and advised that the procedure to be followed would be as in the previous applications. The Clerk advised that applicant was David Walker, the property was located on the west side of Oakwood Drive, through to the Queen Elizabeth Way right-of-way, and north of McLeod Road; and that the applicant was requesting an amendment to the Zoning By-law, in order to add a contractor or tradesman's office, as a permitted use on the subject land. He further advised that the Notices of the Public Meeting were forwarded on June 10th, 1988. A positive response was received to Acting Mayor Cheesman's request for an indication of the presence of the applicant or his agent; and a negative response to his request for a show of hands from persons present in fayour of, or opposed to the application. Acting Mayor Chessman asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands With the assistance of posted sketches; and reviewed the following information included in Technical Report No. PD-88-95: Official Plan; Zoning By-law Amendment; Surroundlug Land Use; Comments From The Public 'Notification Process; and Planning Review, A negative response was received to Acting Mayor Cheesman's request for comments from persons present, other than the applicant or his agent, in favour of the application; and a negative response regarding persons opposed to the application. Mr. David Walker expressed agreement with the recommendations in Report No. PD-88-106. Since no further comments were forthcoming, Acting Mayor Chessman ~eclared the Public Meeting closed. ORDERED on the motion of Alderman Coyills, seconded by Aldermen Janvary, that the communication be received and filedv and the report be received and adopted. Carried Unanimously. DEPUTATION PROPOSED SMV~MANCE OF BUILDING LOT ON CItlPPAWA PARKWAY - Cosmunfcation No. 232 - Mr. Mark Dfaaend - Re: Proposed Severance. The communication attaches a map of the subject lands, and advises that Mr. Diamond wishes to build on part of the land. Mr. Diamond explained his desire to build on part of land, which abuts Larry's Lane, and fs owned by his father-in-law, Mr. J. Charlebois. He stated that the property was Zoned Ra, but that contrary to the conditions of By-law No. 79-200 which require construction on property with access to a City street, Larry's Lane was not in the required category. Mr. Diamond discussed the properties adjacent to the subject parcel. He advised that his proposal to construct a bungalow on the parcel would increase tax revenue for the City without added expense since he would be responsible for the maintenance and laterals to the property. Mr. Diamond asked that Council approve the proposal in principle. Following a brief discussions Council members generally expressed support. ORDERED on the motion of Alderman Pay, seconded by Alderman Puttick, that the matter be referred to Staff for a full report. Carried Unanimously. COMMUNICATIONS No. 233 - Indian Defense League of America - Re: Annual Border Crossing Parade & Celebration - July 16th, 1988. The communication requests a Parade Permit and Police escort for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the request be granted subject to the approval of other authorities. Curried Unanimously. No. 234 - Regional Niagara Public Works Departsent - Re: Water/Sewage Flows by Municipality, Monthly Report for May, 1988. The communication attaches report DEP-2810 regarding the subject matter. ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, that the communication be received and filed. Carried Unanimously. No. 235 - John Muir - Re: Wild Bird Sanctuary - Shriner's Creek. The communication expresses concern regarding the environmental factors in the area in relation to a Wild Bird Sanctuary. ORDERED on the motion of Alderman Janvary, seconded by Alderman Herrington, that the communication be referred to the Environmental Committee. Carried Unanimously. t No. 236 - Netherlands Flowerbulb Information Centre - Re: Proclamation. The communication asks Council to proclaim the week of September 17th to 24ths 1988s as "World Flower Bulb Week". ORDERED on the motion of Alderman art, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. No. 2J7 - Bryan Mciaa, Prodran Director, AC~-TV CABLE 14 - Re: Community Channel. The communication proposes that Council meetings in the area be taped, for delayed cablecast the day after the meetings, on a rotating basis. ORDERED on the motion of Alderman Campbells seconded by Alderman art, that the request be denied. The motion was Defeated with the followinS vo~e: AYE: NAYE: Aldermen Campbell and 0rr. Aldermen Covilles HarrinStons Hinsperger, Hopkinss Janvarys Pay and Puttick. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the request be approved. The motion Carried with the followin~ vote: AYE: Aldermen Cavillea Marringtons Hinspergers Hopkinss Janvarys Pay and Puttick. NAYE: Alderman Campbell and 0rr. 't 9 No. 238 - Ministry of the Environments Waste MA-ngement Branch - Re: Applications for Waste Management Program (WMIP) Grant. The communication advises funds will not be available, during this fiscal year, for Niagara Falls, under the above named program. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 239 - City of Toronto - Re: Provincial Bill 119, An Act to Amend the Ontario Lottery Corporation Act. The communication requests Council to endorse five recommendations with respect to Bill 119. ORDERED on the motion of Alderman art, seconded by Alderman Hopkins, that the request be denied. The motion was Defeated with the following vote: AYE: Aldermen Hopkins, Orr and Puttick. NAYE: Aldermen Campbell, Coville, Herrington, Hinsperger, Janvary and Pay. Following a discussion, it was moved by Alderman Pay, seconded by Alderman Campbell, that the recommendations be endorsed. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Herrington, Hinsperger, Janvary and Pay. NAYE: Aldermen Hopkins, Orr and Puttick. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that a letter be forwarded to the Ministry of Culture and Communications requesting a lottery for hospitals. The motion Carried with the following vote: AYE: Aldermen Campbell Coville, Harrington, Hinsperger, Janvary, Pay and Puttick. NAYE: Aldermen Hopkins and Orr. No. 239(A) - Ministry of thn Enviro~t - Re: City of Niagara Falls Request for Lifelines Grant Assistance. The communication advises that the request for funding assistance, for the Westwood-Westlane area sewer, fell below the cut-off for funding. ORDERED on the motion of Alderman Pay, seconded by Alderman Orrs that the communication be received and filed. Carried Unanimously. REPORTS PD-88-08 - Chief Administrative Officer - Re: Purchase of Chassis for Fire Department Rescue Truck. The report recommends that the low tendered price of $34,987.00 from Archer Truck Centre of St. Cntharines, antarias be accepted for a 1989 Model, 1654 International Truck Chassis. ORDERED on the motion of Alderman Herrington, seconded by Alderman Pay, that the report be received and adopted. Carried Unantmously~ See Resolution No. 65. B-88-41 - Chief Administrative Officer - Re: Site Plan Approval - Proposed North Pole Furs & Gifts, 5687 Stanley Avenue. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed clothing/souvenir store, and the site plan being drawing number 1, revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 8th, 1988, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. R-88-26 - Recreation Comission- Re; 1988-1989 Winter Ice Schedule for Municipal Arenas. The report recommends that the attached schedules for special events and tabular use of winter ice for 1988-1989 at Municipal Arenass be approved by City Council. ORDERED on the motion of Alderman Campbells seconded by Alderman Cavillea that the report be tabled. The motion Carried with the following vote: - 10 - AYE: Aldermen Campbell, Covtlle, Herrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen Orr and Puttick. ~W-88-107 - Nunicipsl Works Co==ittee - Re: Restrictions at Mountain Road Landfill Site. following: Tipping Fees/Disposal The report recommends the 1) That Tipping Fees/Disposal Restrictions Ad Hoc Committee be disbanded; and 2) That Council make a decision on the matter of imposition of tipping/disposal restrictions at the Mountain Road landfill site. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that approval be given to proceed past 11:00 p.m. Carried Unanimously. Mr. George Sorley, Vice-President and General Manager of Lubrizoi Canada Limited; and Mr. Gurbakhsh Dhaliwal, Engineer, Norton Company, were in attend- ance. Mr. Sorley referred to the participation of Lubrizol Canada in Niagara Falls and the benefits to this community for a number of years; discussed funds expended by the City to encourage industries to the City, and the increased cost to the industries if a decision is made to impose the suggested tipping fees/disposal restrictions at the landfill site. He asked that if a decision is made to proceed, the industries be given time to make .arrangements for a private dump site. Mr. Dhaliwal stated that the Norton Company had encouraged participation in community affairs, and referred to his involvement in a waste disposal ad hoc Committee. He discussed information received from Regional and Chamber of Com- merce reports which indicated costs for collection and disposal, and suggested that a significant increase in costs would occur after the dump was closed. Mr. Dhaliwal referred to efforts of the City to encourage business and industry in the area, and asked that a sense of fairness be used in implementing the proposed measures. He suggested a system of "tags" to be issued on a ratio basis. A discussion followed regarding recycling, institution of emergency measures, and tipping fees. ~ ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the .report be received dud approval be given for the imposition of interim total restrictions recommended iu Report No. MW-88-107. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote| AYE: Acting Mayor Chessman and Aldermen Campbell, Coville, Harrington and Orr. NAYE: Aldermen Hinsperger~ Janvary, Pay and Patrick. 1~-88-110 - Chief Administrative Officer - Re: Contract G.C. 22-88 - Underground Services for the Mouutalugate Estates Subdivisiou. The report recommends that the unit prices submitted by the low tendeter, Colaneri Haulage Iuc., be accepted, and this contract be awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See Resolution No. 66. See By-law No. 88-178. NW-88-111 - Chief Administrative Officer - Re: St. Paul Avenue Water-Report of Recommendation. The report provides background information regarding the subject matter and the result of the investigation by Dr. W. Harding le Riche~ and recommends that the report be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted, Carried Unanimously. - 11 - HW-88-112 - Chief Ad~finistrative Officer - Re: By-law to Authorize the Reconstruction and Widening of O'Neil Street, from Dorchester Road to St. Paul Avenue. The report recommends the following: That Council hear any persons who claim that his/her land will be preJudtctally affected by the by-law appearing on tontght's agenda, which authorizes the above works; and 2) That, subject to there being no valid objections, the by-law appearing on tonight's agenda be passed by Council. The following concerned residents were in attendance: Mr. Leo Gingras, 6834 O'Neil Street; Mrs. Linnea L. Montagna, 6846 0'Neil Street; Mr. Raymoud Robins, 6774 O'Neil Street; and others. They expressed concern regarding the proposed road widening resulting in an increase in the already heavy traffic problem in the area and causing a safety hazard for children and students; the loss of property frontage on the south side of O'Neil Street; and devaluation of property. Mrs. Montagna advised that a petition bad been signed by the residents. The Director of Municipal Works responded to questions raised regarding the aforementioned concerns, explaining that the proposed road widening was to accommodate the traffic flow in the area. He advised that a stop sign increases the speed of vehicles. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the report be tabled and referred to Municipal Works for further consideration. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Coville, Herrington, Hinsperger, Hopkins, Orr, Pay and Puttick. Alderman Janvary. NW-88-113 - Municipal Works Committee - Re: Swayze Drive - Elimination of Ditches. The report recommends that the remaining funds from the Municipal Incentive Grant Program (M.I.G.), be allocated to fund the elimination of the roadside ditches along the northerly side of Swayze Drive, abutting lterttage Homesteads Subdivision. Alderman Puttick stated that he did not have a conflict because the funding would not be under local improvements. ORDERED on the motion of Alderman Janvary, seconded by Alderman Herrington, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Harrington, Hinsperger, Janvary, Orr, Pay and Puttick. NAYE: Alderman Hopkins. HM-88-115 - Chief Adsinistrative Officer - Re: By-law to Authorize the Reconstruction of Fourth Avenue from Morrison Street to Valley Way. The report recommends the following: x) That Council hear any person who claims that his/her land will be preJudically affected by the by-law appearing on tonight's Agenda, to authorize the above work; and 2) That, subject to there being no valid objections, By-law 86-249 be given a third reading and be passed by Council, and that the by-law respecting the reconstruction of Fourth Avenue~ from Morrison Street to Valley Way, be given three readings and be passed by Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-249, and B~-law No. 88-176. - 12 - - 13 - NH-88-116 - Chief Administrative Officer - Re: Contract R.C. 20-88 - Road Reconstruction on Fourth Avenue, from Morrison Street to Valley Way. The report recommends that the unit prices submitted by the low tenderer, Steed and Evans Ltd.s be accepted, and that the contract be awarded to this firm, subject to the following: 1) Counctl's approval of report ~B~-88-i15s appearing on tonight's agerids; and 2) Receiving Ministry of the Environment approval of the storm sewer ~ installation proposed to be undertaken through this project. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 67. See By-law No. 77-180. M~-88-117 - Tourist Signing & Public Parking Committee - Re: Tourist Guide Signing & Public Parking. The report provides background information regarding the aforementioned ad hoc Committee, and recommends that the report be received and filed for information. ORDERED on the motion of Alderman Pay, seconded by Alderman Orrs that the report be received and adopted. Carried Unanimously. P-88-08 (HANDOUT) - Chief Administrative Officer - Re: Employee Group Benefits. The report, which was considered earlier on this date by the Finance Committees recommends that employee group benefits be renewed at an increased cost of $58,100.00 per annum for the benefit year September 1, 1988 to August 31, 1989. Alderman Janvary declared a conflict of interest because her husband has a business interest. ORDERED on the motion Alderman Pays seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. F-88-40 - Chief Adsinistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $10,805,537.21 for the period ending June 27th, 1988, be approved by the passing of the by-law appearing later on the agenda. i Alderman Campbell declared a conflict of interest on Cheque No. 33556 because the organization is a client. Alderman Chessman declared a conflict of interest on Cheque No. 33403 because his wife is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 33346s 33347, 33360 and 33527 because he is employed with the company. Alderman Hopkins declared a conflict of interest on Cheque No. 33411 because a member of his family is employed with the firm. Additional information was provided on Cheque Nos. 33401 and 33404. ORDERED on the motion of Alderman Orrs seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Campbell, Chessman, Hinsperger and Hopkins abstaining from the vote on Cheque Nos. 33556.,. 33403, 33346, 33347, 33360, 33527 and 33411 respectively, on conflicts of interest previously recorded; with Aldermen Orr and Puttick voting contrary on. Cheque No. 33359; and with all others voting. in fayour. N-88-14 - Nayor Smeatoa- Re: Report of Employee Suggestion Committee. The report outlines three suggestions which were submitted by employees, and recommends appropriate awards for the consideration of Council, The employees were connnended on their excellent suggestions. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. Alderman Cheesman- Re: A.M.O. Seminar on Affordable Housing - 24 June 1988. The report provides information regarding the seminar on Affordable Housing which was held in Toronto on June 24th, 1988, and recommends that the report be received and filed for information. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvarys that the report be received and adopted. Carried Unanimously. (~-88-33 - Chief Administrative Officer - Re: Enchroachments, 4610-4616 Ontario Avenue. The report recommends that the application to permit the continuation of encroachmerits of a building upon the Ontario Avenue road allow- ance be approved, and the necessary by-law be enacted by the City Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 65 -!IARRINGTON - PAY - RESOLVED that the unit prices submitted by Archer Truck Centre in the amount of $34,987.00, for the purchase of a 1989 Model 1654 International Truck Chassis, be accepted; AND the Seal of the Corporation be hareto affixed. Carried Unanimously. No. 66 - PAY - COVILLE - RESOLVED that the unit prices submitted by Colaneri Haulage Inc. of Niagara-on-the-Lake, for Contract G.C. 22-88 - Underground Services for the Mountaingate Estates Subdivision, be accepted at the low tendered amount of $393,132.01; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 67 - PAY - ORR- RESOLVED that the unit prices submitted by Steed and Evans Ltd. for Contract R.C. 20-88 - Road Reconstruction on Fourth Avenue from Morrison Street to Valley Way, be accepted at the low tendered amount of~ $128s926.21; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 68 - JANVARY - ORR- RESOLVED that a message of condolence be forwarded to the family of the late Wilfred (Hap) Hague, a very active member of the community, and a highly respected citizen of Niagara Falls. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Harrtngton, that the following by-law be read a third time: No, 86-2&9 - A by-law to authorize the reconstruction of Lewis Avenue from Kitchener Street to Slater Avenue, Forsythe Street from Slater Avenue to Stanley Avenue and Fourth Avenue from Morrison Street to Valley Way. Carried Unanimously. ORDERED on the motion of Alderman Janvarys seconded by Alderman Coyillss that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-172 - A by-law to amend By-law No. 79-200, as amended. (AM-16/88 F. Lupia, La Fontann Restaurant, 6788 Thorold Stone Rd.; Report PD-88-56 approved by Council April 11, 1988). - 14 - No. 88-173 - 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 Act9 1983. (AM-16/88 F. Lupta, La Fontann Restaurant9 6788 Thorold Stone Rd.). No. 88-174 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Morrison Street). No. 88-175 - WIthdrawn. 88-176 - A by-law respecting the reconstruction of Fourth Avenue from Morrison Street to Valley Way. No, 88-177 - A by-law to close a portion of Welland Avenue to vehicular irafile on a temporary basis· (Chippaws Heritage Days)· No. 88-178 - A by-law to authorize the execution of an agreement with Colahart Haulage Inc. for sewermains, watermains and base road construction in the proposed Mountaingate Estates Subdivision. No. 88-179 - A by-law to authorize a subdivision agreement with 527786 Ontario Limited et al respecting Mountaingate Estates Plan of Subdivision. No. 88-180 - A by-law to authorize the execution of an agreement with Steed and Evans Limlted for the reconstruction of Fourth Avenue from Morrison Street to Valley Way. No. 88-181 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Hinsperger and Hopkins abstainingr~'~'~the vote on By-law No. 88-181, on conflicts of interest previously recorded under Report No. F-88-40; with Aldermen Orr and Puttick voting contrary on By-law No. 88-181, as recorded under Report No. F-88-40; and with all others voting in fayour. ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the following by-laws be now read a second and third time: No. 88-172 - A by-law to amend By-law No. 79-200, as amended. No. 88-173 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 88-174 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No, 88-175 - Withdrawn. 88-176 - A by-law respecting the reconstruction of Fourth Avenue from Morrison Street to Valley Way. No, 88-177 - A by-law to close a portion of Welland Avenue to vehicula~ traffic on a temporary basis. No. 88-178 - A by-law to authorize the execution of an agreement with ," Colaneri Haulage Inc, for.sewermains~ watermains and base road construction in the proposed Mountaingate Estates Subdivision. No. 88-179 - A by-law to authorize a subdivision agreement with 527786 Ontario Limited et al respecting Mountaingate Estates Plan ,of Subdivision. - 15 - No. 88-180 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for the reconstruction of Fourth Avenue from Morrison Street to Valley Way. No. 88-181 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Chessman, Hinsperger and Hopkins abstaining from the vote on By-law No. 88-181, on conflicts of interest previously recorded; with Aldermen 0rr and Puttick voting contrary on By-law No. 88-1819 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF Planning/Regular Meetings - ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that on the second Monday of each month, Planning Matters only be considered. The motion was Defeated with the following vote: AYE: Aldermen Coville, Harrtngton and Hinsperger. NAYE: Aldermen Campbell, Hopkins, Janvary, Orr, Pay and Puttick. Proposed Chronic Care Hospital - ORDERED on the motion of Alderman Harrington~ seconded by Alderman Coville, that Mr. Rob Nicholson, Member of Parliament, be contacted with a request to investigate the possibility of available lottery funding to assist in the proposed Chronic Care Hospital for Niagara Falls· Carried Unanimously. Alderman Pay indicated that he would be tendering his resignation, as Council's representative, on the Economic Development Agency Board because of the decision made by Council earlier this evening regarding Tipping Fees, and its effect on new and current industries in the community· It was suggested that this matter be given further consideration when His Worship Mayor Smeaton returns from vacation· It was moved by Alderman Hopkins, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. Am ADOPT D, ACTING MAYOR CHARLES CHEESMAN TWENTY-NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 July 25, 1988 Council met on Monday, July 25th, 1988, at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton, and Aldermen Baker, Orr and Puttick, were present. Alderman Harrlngton presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, REGULAR MEETING Council Chambers June 25, 1988 Council met on Monday, July 25th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of His Worship Mayor Smeaton, and Aldermen Baker, Orr and Puttick, were present. Acting Mayor Done Coville presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the regular meeting held July llth, 1988, be adopted as printed. Carried Unanimously. DEPUTATIONS 'IS A ROOF ENOUGH' - SOCIAL PLANNING COUNCIL - Comaunication No. 240 - Social PIning Council - Re: 'Is a Roof Enough'. The communication attaches a report entitled "Is a Roof Enough', which examines the housing needs of psychiatric individuals in Niagara Falls. Mrs. Julie Darnay, Executive Director, Social Planning Council, provtded~ brief overview of the findings and recommendations included in the report. - AND - 'ACOIeIUNITYRESPONS~TOHONELESSNESS' -SOCIALPLANNIN(I COUNCXL &flOES - Communication No. 241 - Social Planning Council - Re: 'A Community Response to Homelesshess'. The communication attaches the subject report to be submitted to the Provincial Access to Permanent Housing Committee by August 1st, 1988. Nr. Stephen Nurphy, Nanager, Coordinated Emergency Services, reviewed the subject report, and submitted a revised budget for approval. ORDERED on the motion of Aldsrman Cummings, seconded by Alderman Cheesman, that the communication and reports be received and the program be approved in principle. It was further recommended that the Council of 1989 be asked to consider the funding for this program. Carried Unanim~ J -2- G~O~P HOMES - SOCIAL PLANNING C0~NCIL - CommunicationNo, 242 - Social PlaoninZCouncil - Re: Report on Group Homes. The communication attaches a report on Group Homes entitled, "The Niagara Experience Planning for the Future". Mrs. galena Volpatti, President, Social Planning Council of Niagara Falls, provided a brief summary of the subject report, and responded to questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and referred to Staff for comments. It was further recommended that the Social Planning Council be invited to the Council meeting in two weeks for further discussion of the report. Carried Unanimously. PAUL AVENUE WATER PROBLEN- Mr. Wayne Pine, 2789 St. Paul Avenue, referred to the ongoing problem regarding the water situation on St. Paul Avenue, discussed documentation which had not been forwarded to the Ministry of the Environment, and the positive results of water sampling not being publicized. He expressed concern regarding the water bills received by residents in the subject area. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the qu~stions raised be referred to Staff for a report as soon as possible. Carri~'a Unanimously. COMPLAINT/ABOVE GROUND I~J~NSFORMER/NIA~ARA FALLS HYDRO COMiISSION - Communication No. 243 - Adrienne Clarke - Re: Above Ground Transformer. The communication requests permission to address Council regarding the placement of an above ground transformer, by the Niagara Falls Hydro Commission, at 7163 Brian Crescent, in contravention of Sub-division Agreement No. 183619 dated February 27, 1973 between River Realty Development Limited and the Corporation of Niagara Falls. Mrs. Clarke reviewed the concerns outlined in her letter dated July 18th, 1988. She discussed recent problems in connection with the placement of a temporary underground transformer, Ministry of the Environment standards, and the intention of the Niagara Falls Hydro Commission to retain the current above-ground transformer. The Chief Administrative Officer referred to his recent contact with the Niagara Falls Hydro officials, the need for a heavier transformer in the subject area, and placement of the large transformers at ground level. He advised that he had investigated the legality of the wording in the subdivision agreement, and furthers that transformers are not specifically mentioned. It was suggested that Mrs. Clarke address her concerns to the Nydro Commission which has a meeting scheduled for July 26th, 1988. / ORDERED on the motion of Alderman Cummingss seconded by Alderman Herringtons that the matter be referred to Staff for further investigation, in consultation with the Niagara Falls Hydro Commission and the concerned resident, in an effort to resolve the matters and submit a report in two weeks. Carried Unanimously. IF~OODING/WMSTNOOD ~RWa% - Communication No. 244A - Nrs. Liza Fa~e - Re: Flooding on Harmony Avenue. The communication expresses concern regarding flooding from sewer back-ups and asks that the matter be resolved at an early date. ' - AND - CfismsunieationNo. 244B - Mrs. F.E. McLau~blin - Re: Flooding on Harmony Avenue. The communication attaches snapshots of the basement at 6575 Harmony Avenues subsequent to a recent flooding. Mrs. Fare reviewed the concerns outlined in her letter dated July 18th, 1988, and raised questions regarding construction in adjacent subdivisions causing increased problems in connection with storm sewers in the area. She asked that by-law respecting illegal sewer connections be enforced. During the discussion, Mrs. Fare was advised of actions being taken to alleviate the flooding problem. It was agreed that an investigation'regarding the by-law would be made, and a report submitted in two weeks. -3- UNFINISHED BUSINESS FEMCIM~/N.S. & T. F,3[G~-OF-WA"/AT GM RO,~j) - NW-88-118 - Chief Adsinistrative Officer - Re: Fencing of N.S. & T. Right- of-Nay at Garner Road.(COUNCIL 1988 06 27). The report recommends that the request of Gail Mottola, 8472 Thorold Stone Road, for the City to fence any portion of the N.S. & T. right-of-way, be denied. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously.. PROPOSED RESIDENTIAL SEVERANCE/MARK DIPaND - P1]-88-107 - Chief Administrative Officer - Re: Proposed Residential Severance; Mark Dimond, 4286 Chtppawa Parkway; Plan 251, Pt. Lot 223, Pt. Lot 225.(COUNCIL 1988 07 11). The report provides information regarding the proposed severance and procedure, and recommends that the report be considered by Council. Mr. Mark Dimond, who was in attendance, indicated that he had received a copy of the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report he received and approval of the consent application be conditional upon the following two requirements: 1) The applicant obtaining the approval of the City's Committee of Adjustment to waive the required lot frontage of the Zoning By-law; and 2) The applicant paying the required expansion and renewal fee of $1,018.00- for the creation of a new building lot. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Hinsperger, Janvary and Pay. NAYE: Aldermen Chessman, Herrington and Hopkins. COMMUNICATIONS No. 245 - Ontario Waste MaMgement Corporation (OWMC) - Re: Emergency Response Working Group (ERWG). The communication asks Council to designate or appoint an Emergency Response Coordinator or the Fire Chief, and an alternate, to the ERWG. ORDERED on the motion of Alderman 3anvary, seconded by Alderman Campbell, that the communication be received and Fire Chief Dave Kemp be authorized to represent the City on the Committee. Carried Unanimously. No. 246 - Township of West Lincoln - Re; Emergency Response Working Group. The communication requests Council's consideration of West Lincoln's position to defer the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimous17. No, 247 - Regional Niagara Public Works Department - Re: Environmental Concerns. The communication attaches Report Nos. S/PW 80, S/PW 82, DEP-2801 and DEP-2802 regarding environmental concerns. ORDERED on the motion of Alderman Janvary, seconded by Alderman Herringtons that the communication be referred to Staff for a report. Carried Unanimously. No, 248 - Jane & Denim Lavesqua - Re: Fire Hydrant. The communication asks that the fire hydrant, which currently obstructs the driveway at 7384 MountJoy Court, be relocated. ORDERED on the motion of Alderman Cheesmans seconded by Alderman Winsperger, that the communication be referred to Staff for a report. Carried Unanimously. -4- No. 249 - Niagara F~lla Hiram Reekey Ae~iatlen - Re: Alterations to Jack Bell Arena. The communication ask8 the permission of Council to make altera- tions to the mezzanine area of the Jack Bell Arena, under the direction of City Staff, and requests funding assistance with respect to the cost of renovations. Alderman Himsparer declared a conflict of interest because he is a member of the organization. Mr. Robert Thlbideau, Executive of the Association, referred to contacts with the Recreation Department, and asked Council to approve the request. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the request for approval of the alterations be granted. It was further recommended that the request for funding assistance be forwarded to the Finance Committee for consideration during the 1989 budget deliberations. The motion Cartled with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE:. Aldermen Campbell, Cheesman, Cummings, Harrington, Janvary and Pay. NAYE: Alderman Hopkins. No. 250 - De~euic Az~enti - Re: Madonna Addoloratta Mass, September llth, 1988. The communication asks Council to approve a Parade Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 251 - Damenit A~entl - Re: Madonna Addoloratta Mass - September llth, 1988 - Niagara Falls Memorial Arena. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pays that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara Falls Madonna Addoloratta Society for the Annual Feast to be held on September llth, 1988, at the Niagara Falls Memorial Arenas subject to the approval of the Niagara Regional Police Department, the Niagara Falls Fire Departmeut~ the Regional Niagara Health Services Department and the Liquor Ltcensiug Board of Ontario, Carried Unanimously. No. 252(A) - Mr. R.P. Glenney, 8499 Bell Crescent - Re: Location of Pumping Station. The communication expresses objection to the proposed location of the pumping station for Chippawa, and asks that this be relocated to the north side of Gunning Drive. ~ -AND - go. 252(B) - !it. Ross E. Durden, Solicitor - Re: Chippawn Storage Scheme. The communication objects to the proposal, on behalf of Mr. and Mrs. Grady Royston, clients~ and suggests an alternative location. Mrs. Olive Royston, 3624 Cunning Drive, stated that she had lived in Chippawn for many years, bed never experienced a flooding problem, and expressed opposition to the proximity, of the proposed location of the Chippawn storage pumpiug system, to her home, in terms of the devaluatiou of her property, She suggested that the system be located on the same lands as Bell Canada in the subject area, Alderman Hinsperger declared a conflict of interest because he is. employed with Bell Canada. The Chief Administrative Officer recommended that the consultants meet with the Engineering Staff iu order that the concerns might be accommodated, ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the communications be received and referred to Staff for a meeting with the concerned residents. It was further recommended that a report be submitted as soon as possible. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with all others votinS{n fayour. -5- No. 253 - John Jackson, Coordinator, Toxic Waste Research Coalition - Re: Hazardous Waste Incinerator & Landfill in West Lincoln. The communication suggests a presentation to Council regarding the subject matter. Mr. Jackson explained that the Coalition is comprised of agricultural citizens and environmental groups who have concerns regarding the proposal, by the Ontario Waste Management Corporation, to locate a hazardous waste site in West Lincoln; discussed the activity in other areas with respect to recycling and reduction of hazardous waste; referred to above ground storage of hazardous waste; and expressed concern regarding the proposed construction of one major hazardous waste facility for 0ntario rather than smaller facilities in close proximity to industries producing the waste. He referred to the intention of citizens groups to attend in order to promote the above mentioned practices; discussed the cooperative effort of the groups with the Regional Municipality of Niagara and West Lincoln; and requested a grant in the amount of $2,000.00 to assist in financing the efforts of the Toxic Waste Research Coalition. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the matter be referred to the Finance Committee for consideration. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cummings, Herrington, Hinsperger, Hopkins and Janvary. NAYE: Alderman Pay. No. 254 - Bob Mullet, Coordinator~ Main & Ferry Business Association - Re: Peach Festival, August 13th, 1988. The communication requests permission to hold the activities associated with the 1988 Peach Festival, as well as permis- sion to include the City Float in the parade. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Herrington, that the requests be approved. Carried Unanimously. No. 255 - GmryPetris, Event Coordinator, Niagara Grape & Wine Festival - Re: 1988 Niagara Grape & Wine Festival. The communication attaches a copy of proposed events for the Festival and requests Special Occasion Permits for the events. It was noted that the scheduled events for the Niagara Falls area did not require Special Occasion Permits. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington that the events, scheduled for the 1988 Niagara Grape & Wine Festival in the City of Niagara Falls, be approved. Carried Unanimously. REPORTS H-88-15 (HANDOUT) - Nayor Sme~tna- Re: Possible Location of a Major Junior "A" Hockey Club in Niagara Falls. The report, which was considered earlier this evenlug in Committee of the Whole, provides information regarding the proposal of Mr, Peter Ham, First Brant Holdings Inc., regarding the establishment of a major Juulor "A" Hockey franchise iu the City, discusses terms of the proposal, and requests the consideration of Couucil. Alderman Hopkins requested that it be recorded that he was only voting iu favour of another step in the negotiation process to obtain the franchise, ORDERED on the motion of Alderman Cummings, seconded by Aldermau Hlnsperger, that approval be given for the establishment of a major Junior "A" Hockey franchise in the City of Niagara Falls, and the matter be referred to Staff for the preparation of a draft agreement and an ice schedule, and report to Council. Carried Unanimously. R-88-27 - Chief Administrative Officer - Re: Repairs to Brine Headers - Niagara South Arena. The report recommends that Cimco Ltd. be awarded the tender to complete the necessary repairs to the brine headers at Niagara South Arena for a total cost of $5,000.00. ORDERED on the motion of Alderman Chessman, seconded by Alderman Narrington, that the report be received and adopted. Carried Unanimously. See Resolution No. 72. -6- R-88-28 - Chief Administrative Officer - Re: Purchase of Leaf Vacuum. The report recommends that the quotation for a leaf vacuum, submitted by Ridgeway Farm Equipment Ltd., in the amount of $2,609.00, be accepted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. R-88-29 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides statistical information regarding the subject matter, and recommends that the report he received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. R-88-30 - Chief Administrative Officer - Re: Ker Park Vandal Proof Utility Storage Building. The report recommends that Hy-Grade Precast Concrete be awarded the tender to install a vandal proof utility storage building at Ker Park for a total cost of $6,130.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. See Resolution No. 73. R-88-31 - Recreation Cosmission - Re: Arena Ice Rental Rates. The report recommends that the proposed arena hourly rates and public skating admissions be increased as indicated on the attached chart. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger, that the report be received and adopted, Carried Unanimously. R-88-32 - Chief Administrative Officer - Re: Niagara Girls' Minor Softball League Concession Agreement. The report recommends that the by-law appearing on tonight's Council agenda regarding the Concession Agreement at Mitchelson Park with the Niagara Girls' Minor Softball League~ be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-187. B-88-45 - Chief Administrative Officer - Re: The Buildings & Inspections Department. The report provides information regarding Permits Issued and Highlights for June 1988, as well as July Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rarrington~ that the report be received and filed. Carried Unanimously. B-88-46 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Niagara Air Bus Inc., 8626 Lundy's Lane. The report recommends that the Council approve the site plan(s) on display at tonight'8 meeting, being a proposed sightseeing tours establishment~ and the site plan being drawing Number t, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 19, 1988, and that such approval be subject to the conditions outlined in the report. ORDERED on the metion of Alderman Pay, seconded by Alderman Ninsperger, that the report be received and adopted. Carried Unanimously. B-88-47 - Chief Administrative Officer - Rez Site Plan Approval - PrOposed Quadruplex Development, 6070 Dunn Street - Marinucci; AM-9/88. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed quadruplex dwelling and the site plan being drawing Number SP-1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 19, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unanimously. 7 B-88-48 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 'Building Addition/Regional Auto Parts; 5499 Kalar Road - Plrillo; Committee of Adjustment A-50/88. The Clerk advised that the report had been withdrawn from the ageride. ~M-88-120 - Chief Administrative Officer - Re: Contract F.R.W. 19-88 - Trunk Relief Sanitary Sewer, Westlane/Westwood Area. The report recommends that the unit prices submitted by the low tendeter, DeRose Bros. General Contracting Ltd. be accepted and that the by-law appearing on tontght's agenda be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 74. See By-law No. 88-190. PD-88-108 - Enviromntal Planning Co-=ittee - Re: Environmental Inventory Project. The report recommends that the City enter into an agreement with the Ministry of Natural Resources regarding the Ontario Resource Sector Program to extend the environmental inventory project to the end of the year. ORDERED on the motion of Alderman Herrington, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. PD-88-109 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lots 1 to 43 (Rainbow Gardens - Plan M-120), Lots 1 and 28, Blocks A to G (Bambi Estates Ext., Plan M-59). The report recommends that Council approve of the request from 456941 Ontario Ltd. to exempt from Part Lot Control Lots 1 to 43 (Plan N-120) and Lots 1, 28 and Blocks A to G (Plan M~59), and direct Staff to prepare the appropriate by-law designating these lands as exempt from Part Lot Control, subject to an amendment to the Subdivision Agree- ment providing for additional servicing and monies to the Municipalities. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously_.. PD-88-110 - Chief Administrative Officer - Re: Commercial Office Opportunities Study - Final Report. The report recommends the following: 1) That the commercial development strategy proposed by the City's planning consultants in the Commercial Office Opportunities Study be approved by Council subject to modifications noted in this Staff report; 2) That an Official Plan amendment incorporating the proposed development strategy be formally adopted by by-law at a subsequent Council meeting for submission to the Ministry of Municipal Affairs; 3) That the consultants' recommendations for updating the City~s cash-in-lieu of parking policies be adopted; 4) That Staff~ in conjunction with the City's Parking and Traffic Committee, prepare for Council's consideration, a parking strategy for the Municipal- lty's cash-in-lieu areas. Mr. Robert O'Dell, Miller O'Dell & Paul~ Planning Consultants, stated that the official document had been prepared and circulated to Government agencies, since November 1987, and further~ that the Consultants had met and concurred with Staff alternatives. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. O-88-18 - Chief Administrative Officer - Re~ Lots 16, 18 and 19, Plan ~67, Falls Business Park Extension. The report recommends that Council authorize the sale of Lots 16, 18 and 19, Registered Plan M-67 to 333483 Ontario Limited at the purchase price of $83,080.00, subject to the purchasers entering into an Agreement of Purchase and Sale~ and that Council enact the by-law to authorize the sale of these lots. 8 ORDERED on the motion of Aldermen Chessman, seconded by Alderman Pays that the report be received and adopted. Carried Unanimously. See By-law No. 88-193, By-law No. 88-194, and By-law No. 88-195. S-88-14 - Chief Administrative Officer - Re: Proposed Closing and Sale of Walkway 74(1) between Buckingham Drive and a line Joining the rear of Lots 6 and 7, Registered Plan M-61. The report recommends the following: 1) That Council hears at tonight's meeting, any person who claims that his or her land will be preJudicially affected by the proposed by-law to dose the above walkway and who applies to be heard; 2) 3) That, if there are no claims, the Council pass the by-law listed on tonight's agenda to stop up and close, and to authorize the sale and conveyance of the walkway; That Council also pass the resolution appearing on tonight's agenda to authorize an application to the Minister of Municipal Affairs and Housing for approval of the by-law. There was a negative response to Acting Mayor Coville's request for comments from persons interested in the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-197. O-88-19 - Chief Administrative Officer - Re: Lot 6, Plan ~-67, Falls Industrial Park Extension. The report recommends that Council authorize the sale of Lot 6, Registered Plan ~67 to 333483 Ontario Limited at the purchase price of $140,680.00, subject to the purchasers entering into an Agreement of Purchase and Sale, and that Council enact the by-law to authorize the sale. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. See By-law No. 88-192, CD-88-34 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision "Forest Glen Estates"; File No. 26 CD-87017; Owner: Forest Glen Estates (Niagara) Ltd. The report recommends that the "Forest Glen Estates" Condominium Subdivision be approved subject to the condition enumerated in this report. ORDERED ou the motion of Alderman Pay, seconded by Alderman Hopkins, that the report be received and adopted, The motion Carried with the following vote: AYES Aldermen Campbell, Cheesman, Cu~nings~ Ninsperger, Hopkins, Janvary and Pay. HAYEs Alderman Herrington, F-88-41 - Fist.ace Cosmittee- Re: Finance Committee Reports. The report recommends that Council endorse the following actions: l) YMMA "Fit for Life' PmmgrsaAssistsnce - That the YWCA be funded an additional $13,669.00 for the "Fit for. Life" program; 2) -NmxicipslCesstexTCharSes - That the proposed cemetery rates be approved effective August 15, 1988; 3) Usxited WayAssistance - That the City contribute to the United Way campaign an amount,of $Is784.001 4) Nsdonns Addel~ratta Nasa - That the Niagara Falls Arena be rented for the Madonna Addoloratta Mass under the convention policy; . . . . 9 5) 6) 7) g) 9 Remuneration for Election Officials - That the remuneration for election officials be approved as set out in the report; _ New Horizons - 'Chat 'N Chew" - That the report for the program be received and filed; Cultural Initiatives Program- That the report for the program be received and filed; C--~disn Merits1 Health Funding - That the Canadian Mental Health funding request be denied; 9) Chamber of Cusmerce for Participation in Membership Directory- That the City not participate in the Chamber of Commerce membership directory. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Pay voting contrary on Item No. 3; with Alderman Janvary voting contrary on Item No. 9; and with all others voting in fayour. F-88-42 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $7,106,767.56 for the period ending July 25th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 33725 because he was directly involved; and a conflict of interest on Cheque No. 33742 because the organization is a client. Alderman Hiusperger declared a conflict of interest on Cheque Nos. 33687 and 33857 because he is employed with the company. Additional information was provided on Cheque Nos. 33707, 33851, 34009, 34036s 34093, 34119 and 34124. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on Cheque Nos. 33725, 33742 and 33687 and 33857 respectively, on conflicts of interest previously recorded; and with all ethers voting in favour, See BT-law No. 88-199. O-88-20 - Chief Administrative Officer - Re: Marine Clean Limited - Waste Disposal Site (Transfer) Application. The report recommends that City Council advise the Ministry of the Environment that the City of Niagara Falls has no objection to an application of Marine Clean Limited for certification of a Waste Disposal Site (Transfer). ORDERED on the motion of Aldermen Pay, seconded by Alderman Rinsperger, that the report be received and adopted, Carried Uuenimouslyl C~-88-36 - Chief Ads~nistrative Officer - Re: 1988 Municipal Election. The report provides information regarding the upcoming 1988 Municipal Election and recommends that it he received end filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pays that the report he received end adopted. Carried Unanimously_. CD-88-37 - Chief Administrative Officer - Re: AM-3/88, Restricted Area By-law No. 88-149; Gus Orsini. The report recommends that Council reaffirm its approval of By-law No. 88-149 so that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the By-law and two letters of objections to the Board with the request for a hearing. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following votes AYE: Aldermen Campbell, Cummings, Hinsperger, Janvary and Pay. HAYEs Aldermen Cheesmans Marrington and Hopkins. - 10 - S-88-13 - Chief Administrative Officer - Re: Niagara Falls Lions Club and Sublease to The Regional Municipality of Niagara of Dr. Fingland Day Care Centre. The report recommends that Council pass the by-law on tonight's uganda to authorize the sublease from the Lions Club of Niagara Palls (Ontario) Canada to The Regional Municipality of Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-189. S-88-17 - Chief Administrative Officer - Re: Construction Cobtracts, Amendment of Maintenance Guarantee Holdback Provisions. The report recommends the following: 1) That the City accept letters of credit from Class A Conadiau Chartered Banks in a form satisfactory to it as an alternative to cash for the amount of the required maintenance guarantee holdback in construction contracts; and .That the City's standard form of contract documents be amended accordingly. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pays that Carried Unanimously. 2) the report be received and adopted. RESOLUTIONS go. 69 - JANVAR~ - C~DMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Harold Morton, a former Aldermmu of Niagara Fallss and a highly respected citizen; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. go. 70 - limitINS - C~INGS - RESOLVED that a message of condolence be forwarded to the family of the late Reverend William John McKeown, a highly respected resident of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 71 - PAT - C~INGS - RESOLVED that pursuant to section 298 of the Municipal Acts R.S.O. 1980, the Minister of Municipal Affairs be requested to approve By-law No. 88-197 to stop up and close and to authorize the sale and conveyance of the public walkway between Buckingham Drive and a line Joining the rear of Lots 6 and 7 on Registered Plan D~61 and shown as Bloc~ K on said Plan M-61; And the Seal of the Corporation be hereto affixed· Carried Unanimously. go. 72 -CHnBHaN- ~nnx~ON - RESOLVED that the unit prices submitted by Cimco Ltd., for repairs to Brine Headers - Niagara South Arenas at the low tendered amount of $5,000.00, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. · o. 73 - CB]MN~S - I~INGTON - RESOLVED that the unit prices submitted by Hy-Grade Precast Concrete, for the installation of a vandal proof utility storage building at Ker Parks at the low tendered amount of $6~130.00s. be accepted; AND the Seal of the Corporation be hereto affixed· Carried Unanimously. No. 74 - I!IBSPE~GE~- JA!~A]~! - RESOLVED that the unit prices submitted by DeRose Bros. General Contracting Ltd. for Contract F.R.W. 19-88 - trunk relief sanitary sewer, Westlane/gestwood Area, at the low tendered amount of $572s856,72s be acceptedi AND the Seal of the Corporation be hereto affixed. Carried Unanimously. - 11 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-182 - A by-law to amend By-law No. 79-200, as amended (AM-17/88 Peter RadoJcic, Terrace Avenue & Elgin Street; Report PD-88-75 approved by Council May 9, 1988). 88-183 - 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. (AN-17/88 Peter RadoJcic, Terrace Ave. & Elgin St.) No. 88-184 - A by-law to amend By-law No. 79-200, as amended. (AM-18/88 River Realty Development (1976) Inc. - proposed Mount Carmel Subdivision; Report PD-88-89 approved by Council June 13, 1988). 88-185 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No, 88-186 - A by-law to appoint a Lottery Licensing Officer. No. 88-187 - A by-law to authorize a concession agreement with the Niagara Girls Minor Softball League. No. 88-188 - A by-law to authorize an easement and right-of-way in fayour of The Regional Municipality of Niagara. No. 88-189 - A by-law to authorize the execution of a renewal of the sublease from the Lions Club of Niagara Palls, (Ontario) Canada to The Regional Municipality of Niagara. !o. 88-190 - A by-law to authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. for the construction of a trunk relief sanitary sewer for the Westlane/Westwood Area. · o. 88-191 - A by-law to authorize the execution of quit claim deeds. Mo. 88-192 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. (333483 Ontario Limited, Lot 6, RP M-67). !o. 88-193 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. (333483 Ontario Limited, Lot 16, RP M-67). No. 88-194 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. (333483 Ontario Limited, Lot 18, RP M-67). Me. 88-195 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. (333483 Ontario Limited, Lot 19, RP M-67). Me. 88-196 - A by-law to allow the maintaining and using of a building which encroaches on Ontario Avenue. No. 88-197 - A by-law to stop up and close and to authorize the sale and conveyance of a public walkway between Buckingham Drive and a line Joining the rear of Lots 6 and 7 on Registered Plan M-61. !o. 88-198 - A by-law to authorize the execution of an engineering consulting agreement with Delcan Corporation. No, 88-199 - A by-law to provide monies for general purpose. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote ou By-law No. 8-~,ou conflicts of interest previously recorded under Report No. F-88-~1| and with all others voting in favour. · , , , 12 - 12- ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the following by-laws be read a second and third time: No. 88-182 - A by-law to amend By-law No. 79-200, as amended. No. 88-183 - 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-17/88 Peter RadoJcic, Terrace Ave. & Elgin St.) NO. 88-184 - A by-law to amend By-law No. 79-200, as amended. No. 88-185 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 88-186 - A by-law to appoint a Lottery Licensing Officer. No. 88-187 - A by-law to authorize a concession agreement with the Niagara Girls Minor Softball League. Ne. 88-188 - A by-law to authorize an easement and right-of-way in favour of The Regional Municipality of Niagara. No. 88-189 - A by-law to authorize the execution of a renewal of the sublease from the Lions Club of Niagara Falls, (Ontario) Canada to The Regional Municipality of Niagara. No. 88-190 - A by-law to authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. for the construction of a trunk relief sanitary sewer for the Westlane/Westwood Area. Me. 88-191 - A by-law to authorize the execution of quit claim deeds. No. 88-192 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. No. 88-193 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. Ne. 88-194 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. No. 88-195 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. ~ No. ga-196 - A by-law to allow the maintaining and using of a building which encroaches on Ontario Avenue. Me. gg-197 - A by-law to stop up and close and to authorize the sale and conveyance of a public walkway between Buckingham Drive and a line Joining the rear of Lets 6 and 7 on Registered Plan M-61. Me. g8-198 - A by-law to authorize the execution of an engineering consu~tiug agreement with Delcan Corporation. No, 88-199 - A by-law to provide monies for general purpose. The motion Carried with Aldermen Campbell and ainsperger abstaining from the vote on By-law No. ~son conflicts of interest previously recorded; and with all others votl~glln layout. NEW BUSINESS IT~l OF IBTIIIST; Niagara College Constkmction - Acting Mayor Covllle advised that she had artended the ground breaking ceremony of Niagara College earlier on this dates on behalf of His Worship Mayor gmeaton. ,...13 - 13 - IT]~4 OF CONCERN: O'Neil Street Construction - Alderman Campbell referred to the subject matter and requested direction regarding the construction by-law. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that Staff be authorized to proceed with the 32~ wide road construction of O'Neil Street, and sidewalks, as considered in the Municipal Works Committee, and further, that the matter of parking on O'Neil Street be referred to theMunicipal Parking & Traffic Comaaittee for further consideration. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman ltinsperger, that the meeting adjourn. Carried Unanimously. READ AND/~PTED, THIRTIETH MEETING PLANNING/REGULAR MEETING Council Chambers August 8, 1988 Council met on Monday, August 8th, 1988, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Aldermen Baker, Campbell and Hopkins, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the regular meeting held July 25th, 1988, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS LANDFILL SITE - TOTAL RESTBICTIONS - Cossunication No. 256(A) -The Chamber of Co~serce - Re: Mountain Road Landfill Site. The communication expresses strong opposition to the previous resolution of Council regarding "total restrictions", and suggests that every business in the City of Niagara Falls be granted permission to use the site, to the limit of one tonne of waste per $1,000.00 paid in Municipal taxes. It was further suggested that a ticket system, based on the type of hauling vehicle, be issued to the tax paying business. - AND- Cossunication No, 256(B) - Niagara Falls Econosic Development Agency - Re: City of Niagara Falls Waste Disposal. The communication asks the consideration of Council with regard to the provision of information, respecting the decision for total restrictions, to the business community, and further~ that an arbitra- tion ad hoc committee be established for a 60 day period to provide a hearing board for the business which may be adversely affected. - AND - Cossunication No. 256(C) - Chesacr~l Plastics Limited - Re: Total Restrictions. The communication supports the suggestions submitted by the Chamber of Commerce in Communication No. 256(A). - AND - Communication No. 256(D) - Rison Construction & Engineering Limited - Re: Landfill Site - Total Restrictions. The communication asks that Council extend the total restriction policy to permit the ongoing contracts to be completed, and that consideration be given to the alternatives submitted by The Chamber of Commerce in Communication No. 256(A). Mr. John Dunn, Plant Manager, B.F. Goodrich Chemical Canada, Fort Robinson, and Chairman of the Chamber of Commerce Industrial Committee, discussed the objections of the Chamber of Commerce to the decision for total restrictions at the Niagara Falls Landfill Site. He referred to efforts made to attract industry to the City, stated that non-hazardous industrial garbage was not industrial waste which could be toxic, and asked Council to give serious consi- deration to the suggestions made by the Chamber of Commerce in Communication No. 256(A) · Following a lengthy discussion, it was moved by Alderman Hinspergar, seconded by Alderman Puttick, that the previous motion of July 11th, 1988 for the imposition of total restrictions on the Niagara Falls Landfill Site as recommended in Report No. MW-88-107, ba reconsidered, referred to Staff for study and a report, and Councll~s decision be held in abeyance for 3 weeks. The motion Carried with the following vote: AYE: Aldermen Cummings~ Hinsperger, Janvary, Pay and Puttick. NAYE: Aldermsn Cheesman~ Coville, Harrington and ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary~ that the communications ba received and referred to Staff. Carried Unanimously. 2 DEPUTATIONS KESIDI~TIALTAXES- The matter of Mr. Saltau Etezadi addressing Council regarding residential taxes was withdrawn from the agenda. NXAGAKA FALLS NEFX)RTAL ~tR!CNA- XC~ SGH]~X]LK - R-88-33 (HANDOUT) - Recreation COsmission- Re: 1988 Municipal Arena Ice Schedule & Special Events. The report recommends the following: 1) That the Municipal Arena Ice Schedule and Special Events (Appendix A) be approved, pending an agreement with a Junior A franchise; 2) That, if no agreement is reached with a Junior A franchise, the Municipal arena ice schedule and special events (Appendix B) be approved. - AND - COr~unication leo. 257(A) - Bike 1~hynski, Chairman, Niagara Falls Pirate - Re: Ice-Time. The communication expresses opposition to a recent proposal for a change in ice-time in the upcoming season, and states that if the organization does not receive the necessary acceptable and adequate ice-time, the club will "be forced to cease functioning as an entity this year". - AND - COnieationNo. 257(B) -Anthony 'Buteh' Saeeo, President, Niagara Falls Ninor Hockey Association- Re: Ice Schedule. The communication expresses opposition to the proposed ice schedule for the 1988-89 season, states that the organization is not opposed to a Junior "A" Team in Niagara Falls, but does "not believe this City can support three Junior Teams". COmunieation No. 257(C) (IL~NDOUT) - Robert L. Agar, Secretary, Russell Hastarson Amateur Athletic Cleb/Cupolo Sports Jr. B Canarks - Re: Junior A Franchise. The communication expresses concern regarding the impact of the subject franchise, particularly with respect to the Junior B's, and with the procedure that was followed. Alderman Hinsperger declared a conflict of interest because he is a member of an organzation involved in the matter. Mr. Anthony Sacco, Niagara Falls Minor Hockey Association, and Mr. Mike Tychynski, Niagara Falls Pirates, addressed Council respecting the opposition of their respective organizations to the proposed change in the ice schedule for the upcoming season. ~ His Worship Mayor Smeaton stated that the City officials had been negotiating with First Brand Holdings Inc. for four weeks regarding the possi- bility of a Junior "A" Team coming to the City of Niagara Falls. He referred to the desire of the majority of citizens to have the team, as well as a wish to assist minor hockey in the City. The Deputy Director of Parks & Recreation discussed the difficulties encountered in the preparation of the new ice schedule. Following a discussion, it was moved by Alderman Cummings, seconded by Alderman Janvary, that Report No. 88-33 be received and adopted. The motion Carried with Alderman Hlnsperger abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cheesman, Coville, Cummings, Harrington, Janvary, and.Pay. NAYE: Aldermen Orr and Puttick, - AND - ~8-25 (B~) - Chief Adsinistrativs Officer - Re: Agreement for the Use of the Niagara Falls Nemorial Arena for a Major Junior "A" Hockey Club, The report recommends that the Nembers of Council review the agreement appearing on tonight*s agenda and, providing the agreement is acceptable in form, pass a by-law_authorizing the execution of the ngreement on behalf of the City, - 3- His Worship Mayor Sineaton introduced Mr. Peter ltam, General Manager and Vice President of First Brant Holdings, Inc., and welcomed him to the meeting. The Chief Administrative Officer reviewed background information regarding the proposal to relocate a Junior A franchise in the City, and referred to the revisions regarding the proposed agreement, contained in a letter from Waterous, Holden, Amey, Hitchon, Solicitors, dated August gth, 1988, which had been forwarded to the Legal and Recreation Departments earlier on this date. The City Solicitor discussed concerns regarding changes in Item No. 1: the term of the agreement; Item No. 2: the inclusion of the first few words "without limiting the generality of the foregoing"; Item No. 3: the amendment of Subsec- tion l(ili), line 4; and Item No. 5: regarding exclusive use of the Arena. lie stated that anything in the new agreement would have to be secondary to the existing agreement with the Junior B's, and that Council should be aware of taking on the responsibility for the team, in a claim against the City. The Deputy Director of Parks & Recreation referred to the following concerns: Item No. 3: suggested change regarding dates and times of games; and Item No. 10: available hours for the ticket office. Mr. Ham stated that the box office hours presented no problems, and that they wanted the box office open daily, Monday through Saturday, and requested information regarding hours for Sunday. He referred to the termination clause, and stated that there should be some statement regarding an option to renew on a specified arrangement. He advised that the Ontario Board of Governors would meet on Wednesday, August 10th, 1988, in Bellevilla, and that a decision on the matter was therefore "very critical". The Chief Administrative Officer stated that the organtzation's exclusive use of the Junior A facilities did not preclude the maintenance by the City and necessary repairs of those facilities. A discussion ensued regarding a one-hour limit on the use of the Blue Line Room subsequent to games, concealment of advertising, parking and complimentary tickets. Following further discussion, Mr. Ham, the Chief Administrative Officer, Solicitor and Deputy Director of Municipal Norks retired from the Council Chambers for further consideration with respect to items of concern, at 9:15 p.m. Upon re-entering the Chambers at 9:45 p.m., the Solicitor advised that the items over which he had expressed concern could be worked out between hfmself and the Solicitor for the club. He further stated that an agreement could not be reached on Item No. 2, and that it would be necessary for Council to make a decision on this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that Report No. C-88-25 be received and the City of Niagara Falls proceed to enter into an agreement for the proposed Junior A Hockey franchise as outlined, and revisions as discussed and accepted, with the exception of the provision for Niagara Falls Junior B's. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cheesman, Coville~ Cummings, Herrington, Janvary and Pay. NAYE: Aldermen Orr and Puttick. See BT-law No. 88-206.. REPORTS - PLANNING MATTERS It was agreed that the following Planning Report be brought forward. 91)-88-119 - Chief Ad~nistrative Officer - Re: AM-27/88, 416426 Ontario Limited, Scott's Tent & Trailer Park, 8845 Lundy's Lane~ Part of Township Lots 134 and 139. The report recommends the following: 1) That Council not support the application to amend the Zoning By-law and Licensing By-law to permit 26 campsites to be used for more permanent residency on a year-round basis; 2) That Council direct Staff to prepare a by-law for enactment at a subsequent Council meeting providing authorization for the temporary use of the subject lands for permanent residency; -4- 3) That the by-law authorizing the temporary use of the lands be applied only to those campsites currently used for permanent residency; 4) That the period of time for which authorization shall be in effect will not exceed 2 years; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communteatlon No. 258(A) -Regtonal NIagara Planning & Development Depart.eat - Re: Preliminary Application AM-27/88, Permanent Residency in a Trailer Park, Lundy's Lane, east of Garner Road. The communication advises that Regional Planning Staff would not be opposed to this rezoning subject to the assurance that permanent resideucy was a suitable use in a seasonal camping es tablt shment. - AND - Communication No. 258(B) (HANDOUT) - Regional Niagara Public Works Department - Re: Zoning Amendment Application AM-27/88 Scott's Tent & Trailer Park - PrOposed 26 Permanent Sites, Niagara Road 51 (Lundy's Lane). The communication advises that Public Works Staff recommends that this zoning by-law amendment be deferred until the applicant has committed himself to upgradtng of the existing facilities for relief of existing flooding problems, and until the City has adequately assessed the flooding problems occurring in this area. - AND - Communication No. 258(C) (HANDOUT) - Ministry of the Environment - Re: Zoning Amendment Application AM-27/88, Lots 134 and 139, Former Twp. of Stamford. The communication advises that the Ministry will not approve a by-law amendment in this matter until a satisfactory sewage system is installed. His Worship Mayor Smeaton declared the Public Meeting open, and reviewed the procedure to be followed under the Planning Act, 1983. The Clerk advised that the Notices of the Public Meeting were forwarded on July 5th, 1988; that the property was located on the north side of Lundy's Lane between Kalar Road and Garner Road; and that the applicant was proposing to amend Zoning By-law No. 79-200 and Schedule 9 of the City's Licencing By-law No. 76-102, to permit 26 of the campsites to be used for residential occupancy. His Worship Mayor Smeaton stated that the applicant, Mr. A. Ross Barr, was in attendance, and received a positive response to his request for a show of hands to indicate the presence of persons in favour of, or opposed to, the application. He 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. t The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in the Technical Report No. PD-88-111: Official Plan; Zoning & Licensing By-law Amendment; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He referred to the recommendations of the Region and Ministry of the Environment regarding storm sewer problems, and suggested that if Council considers the proposal, some consideration should be given to the sewage problem. A discussion followed regarding the possibility of the trailer~ on the subject sites being transferred to other campsites from time to time~ term of the liceace and availability to trailers. Mrs. Barbara HeArthum, 8845 Lundy's Lane, addressed Council on behalf of 16 permanent residents of the trailer park. She explained that they have their own entrance, do not interfere with the park residents, and give assistance to campers if required. Mrs. McArthur discussed the close relationship of the permanent residents, the amenities in their trailers and the trailer park, and the inability of these residents to purchase trailers available in other parks. She ·invited Council members to visit. -5- Mr. Barr advised that the park was licensed, through the Clerk's Department, to operate; that the majority of persons involved were senior citizens who could not find available parking for their trailers; that some of these had wintered in Florida until the exchange rate for American funds had made it impossible for them to continue dolng so; and further, that the sites do not pose a problem to others in the area. He explained that there was sufficient parking space for the residents and visitors, and that the specified 26 campsites were the only sites which could accommodate year-round facilities. Following a further discussion, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Htnsperger, that the communications be received and filed, and that the amended report be received and adopted as follows: i) 2) 3) That Council support the application to amend the Zoning By-law and Licensing By-law to permit 26 campsites to be used for more permanent residehey on a year-round basis; That Council direct Staff to prepare a by-law for enactment at a subsequent Council meeting providing authorization for the use of the subject lands for permanent residehey; That Staff prepare a report concerning the upgrading which will be required to bring the servicing up to standard; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Herrington, Hinsperger, Pay and Puttick. NAYE: Aldermen Coville, Janvary and Orr. Alderman Hinsperger retired from the meeting. PD-88-115 - Chief Administrative Officer - Re: Zoning Amendment Application AM-25/88, Rolling Meadows Golf & Country Club, Pt. of Twp. Lot 2, Concession 4, Yokum Road. The report recommends the following: 1) That Council support the application to amend the zoning of the subject lands, facilitating the expansion of the Rolling Meadows Golf & Country Club and recognizing the existing dwelling on the proposed lot, as detailed in P1}-88-112; 2) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 3) That the applicant and Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and stated that the usual procedure would be followed under the Planning Act, 1983. - AND - Communication No. 259(A) - Regional Niagara Planning & Development Deimrtment - Re: Preliminary Application AM-25/88, Expansion of a Golf Course, Yokum Road, west of Moatrose Road. The communication advises that the Regional Planning Staff accepted the approval of the consent application to create a separate residential lot, and would not oppose the rezoning of the 0.4 hertare lot. -AND - Communication No. 259(B)(HANDO!fr) - Ministry of Agriculture & Wood- Re: Proposed Zoning By-law Amendment, Part Lot 2, Concession 4, (Crowland). The communication advises that the Ministry is not willing to support the proposal until appropriate documentation, as outlined in the Foodland Guidelines, is provided, The Clerk advised that the Notices of the Public Meeting had been forwarded on July 5th, 1988; that the property was located on the north side of Yokum Ro~, west of Moatrose Road; and that the proposal was to enlarge Rolling Acres GO CoUrSe, , , , , 6 -6- His Worship Mayor Smeaton noted that Mr. Peter Mann, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands from persons in attendance in fayour of, or opposed to the application. He requested that persons wishing to receive further notice of the passing of the by-law, submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information lncluded in Technical Report No. PD-88-112: Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments From The Public Notification Process; and Planning Review. His Worship Mayor Smeaton received a negative response to hls request for comments from persons, other than the applicant, in support of the application, and a negative response from persons opposed to the application. Mr. Mann advised that the land was purchased three years ago by local businessman for the purpose of adding land to the golf course, with the inten- tion of building a driving range on Part 1, and an 18 hole golf course. He stated that the existing golf course had been operated as a non-conforming use for three years, and that the application to enlarge the course would preclude any residential development on the land. Mr. Mann reviewed the conditions to the severance of the land, lald down by the Committee of Adjustment, stated that approval of the proposal would be of benefit to the City, and asked Council to approve the application. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Coyills, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. PD-88-117 - Chief Administrative Officer - Re: AN-eB/S8 and O.P.A. No. 174, City of Niagara Falls Non-Profit Housing Corporation; Pt. Twp. Lot 170, McLeod Road. The report recommends that Council approve the application, in principle, subject to the following conditions: 1) 2) 3) That the applicant undertake the required hydrogeological and noise studies to the satisfaction of the H.O.E.; That Staff pursue the redesignation of lands to the west for residential purposes with the owners of such land; That a second Public Hearing be convened for Councll's final consideration of the proposed land use changes once the aforementioned information is obtained. ~ · - AND - Communication No. 260(A) - iichard G. Belzil - Re: Proposed Zoning Change of Land on North Side of McLeod Rd., east of Kalar Rd. The communication expresses approval of the application. - AND - Cosmunication leo, 260(B) - Regional Niagara Planning & Development Department - Re: Preliminary Application AN-28/88; Proposed Residential Uses, McLeod Road, east of Kalar Road. The communication advises that the Regional Planning Staff support the proposed amendments, providing the property is deemed suitable for residential development by the Hinistry of the Environment; and encourages the City to consider. the land use regulations on the abutting property to the west· liis Worship Hayor Smeaton declared the Public Heeting open, and advised that the procedure would be similar to that followed under--the Planning. Act, 1983, as in the previous applications. The Clerk advised that the Notices of the Public Meeting were forwarded on July 6th, 1988, and that notification was published in the Niagara Palls Review, regarding the Official Plan Amendment, on July end, 1988. He stated that the property was located on the north side of NcLaod Road, east of Kalar Road; and that the proposal was to amend the Official Plan and Zoning By-law to permit the -7- development of a portion of the lands for apartments and/or townhouse dwellings, a senior citizens' apartment project, a day care facility and a convenience store. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent; and a positive response to his request for a show of hands from persons interested in the application. He asked that persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The 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-88-113: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review and Site Plan Review. Mr. Richard Belzil was in attendance to reaffirm his support of the application. There was a negative response to Mayor Smeaton's request for comments from those opposed to the application. Mr. A. DiGiacomo and Mr. A. Greaves were in attendance, on behalf of the City of Niagara Falls Non-Profit Housing Corporation, to reply to questions raised. Mr. Greaves advised that the basic soil testing had been initiated, and the noise study would be commenced. He suggested that another public meeting be held, at an early date, in order to meet the deadline date before the end of 1988, and requested authority to proceed with the tests. Following a brief discussion, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously~ PD-88-118 - Chief Adsinistrative Officer - Re: AM-14/88 and O.P.A. No. 173, 712078 Ontario Inc., Shoppes of Drummond Park Village, McLeod Road. The report recommends the following: 1) That Council not support the application to amend the Official Plan land use designation to Commercial, or the Zoning By-law amendment to General Commercial (CC); 2) That Staff proceed as directed by Council to prepare an amendment to designate the lands for Highway and Service Commercial purposes and to fezone the lands in accordance with the Commercial/Office Opportunities Study; 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure under the Planning Act 1983, as in the previous applications, would be followed. The Clerk stated that the Notices of the Public Meeting were mailed on June 30th, 1988, and the notification regarding the Official Plan Amendment was published in the Niagara Falls Review on July 5the 1988. He further stated that the land was located on the south side of McLeod Road, east of Drummond Road; and that the applicant was requesting an amendment to the Official Plan and Zoning By-law to allow a wider range of commercial uses than currently permitted. Alderman Coyills declared a conflict of interest because her place of employment was involved. His Worship Mayor Smeaton noted that the applicant was in attendance; and received a positive response to his request for a show of hands from persons in attendance who were interested in the application. l -8- His Worship Mayor Smeaton asked Alderman Puttick to temporarily preside as Chairman, and retired from the meeting for 5 minutes. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in the revised Technical Report No. PD-88-67: Official Plan; Zoning By-law Amendment; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. He discussed the information included in Report No. PD-88-118, under Planning Analysis, and responded to questions raised regarding the development of department stores in the community, and the time frame for the transfer to Highway and Service Commercial zoning. There was a negative response to Mayor Smeaton's request for comments from persons other than the applicant or Ms agent in support of the application, and those opposed. Mr. William E. Harrigan, 443156 Ontario Inc., 135 James Street South, Ste. 830, Hamilton, Ontario, addressed Council on behalf of the owner of the plaza at 6144 McLeod Road, adjacent to the subject lands. He discussed the difficulty encountered in the rental of vacant offices in the plaza, and stated that the owner was prepared to accept the proposed rezoning, if the office designation was deleted from the by-law by exception. Mr. Harrigan further stated that the applicant had today indicated agreement to the exception. He asked that they be notified of further meetings scheduled to consider this matter. Mr. Ted Salci, of R T Salci Real Estate, stated that the issue discussed by Mr. Harrigan was related to office rather than retail use. Mr. Michael Bonomi, Solicitor and agent for 712078 Ontario Inc., Shoppea of Drummond Park Village, indicated the applicant's agreement with the recommenda- tions in Report No. PD-88-118. In reply to questions raised, Mr. Bonomi stated that the applicant had previously been in discussions with the representatives of the adjacent plaza, was not concerned with respect to office space for the Shoppea of Drummond Park Village, and would be in accord with the request for exception. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. ~ ~!)-88-114 - Chief Administrative Officer - Re: AM-21/87, Towers Motel; 594480 Ontario Ltd., 5815 Victoria Avenue. The report recommends that Council instruct Staff to prepare an appropriate by-law for the nine storey 126 unit hotel development based upon the latest revised site plan submitted. ORDERED on the motion of Alderman Puttick, 'seconded by Alderman theeamen, that the report be received and adopted. Carried Unanimously. It was agreed that the following items be brought forward. REPORT 11N-88-131 (IL~) - Hunicipal Works Committee - Re: Reports| Municipal Works 1) .Ng-88-129, Sidewalks in tbaN orettaastatms Subdivision PbasallI - bqmast forDeletion or Reloeation- It is recommended that the sidewalks in the Horetta Estates Subdivision Phase III be installed on the standard offset. ORDERED on the motion of Alderman Orr, seconded by Alderman Herrington, that the report be received and adopted. The motion Carried with the following vota~ r AYE: NAYE: -9- Aldermen Chessman, Coville, Cummings, Harrtngton, Janvary, Orr and Puttick. Alderman Pay. 2) 1~88-123, Sidewalk on Oriole Drive in the Westmay Subdivision - Request to Alter Location - It is recommended that: (i) The request to alter the proposed sidewalk location on Oriole Drive be denied; (ii) The City's standard sidewalk location be approved. ORDERED on motion of Alderman Orr, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Coville, Herrington, Janvary and Orr. NAYE: Aldermen Cummings, Pay and Puttick. COMMUNICATION No. 261 - Vincent DiCosimo - Re: Days Inn, River Road. The communication requests a 90 day extension, effective August 5th, 1988, respecting construction on the subject property. Mr. M. Hawkins, 4053 Glenview Avenue, and Mr. Howard Martin, 4336 Leader Lane, discussed the difficulties they have encountered because of the delay in completion of the construction. Mr. John B. Hopkins, Solicitor for the proponent, stated that his client had been negotiating for additional property in the area in order to resolve the parking problem. He asked Council to consider an extension of 90 days for the preparation of a site plan to cover his client's River Road facilities. ORDERED on the motion of Alderman Puttick, seconded by Alderman Herrington, that the request be approved. The motion Carried with the following vote: AYE: Aldermen Chessman, Coville, Harrtngton, Janvary, Pay and Puttick. NAYE: Aldermen Cummings and Orr. It was moved by Alderman Cheesman, seconded by Alderman Harrtngton, that approval be given to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Chessman, Coville, Cummings, Herrington, Janvary, Orr and Puttick. NAYE: Alderman Pay. UNFINISHED BUSINESS BillriO OPENAI~ONS IN NI~ARA FAIJ. S - CD-88-38 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls. The report recommends that Council reaffirm the adoption of Recommenda- tion No. 1 in a report dated June 9, 1986, "that effective July 1s 1986, the practice of busing patrons to the commercial halls he cancelled. Commercial halls are halls operating more than one event a week," with regards to busing. - AND - Communication No. 262 - Desso Kameny, Niagara Strings Inc. - Re: Busing. The communication asks permission to bring buses from the United States to the Friday bingos at the Monte Carlo Bingo hall. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingoa. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that the report he received and adopted, and the request in the communication be denied. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded~ and with the following votez AYE: NAYE: - 10 - Aldermen Chessman, Coville, Hatring,on, Janvary, Orr and Puttick. Alderman Pay. u~)CATION OF FIRE iffl)RANT - FD-88-09 - Chief AdainistrativeOffleer - Re: Request of Jane & Denis Leveaque of 7384 Noun,Joy Court to Relocate Fire Hydraut.(COUNCIL 1988 07 25). The report recon~mends that Council not support the request of Jane & Deuis Levesque to relocate the fire hydrant located in front of their property at 7384 MountJoy Court, at 100% cost to the Nunicipality, but, that Council offer to relocate the hydrant on a cost-sharing basis of 50%-50%, consistent with policy, iu "Relocation of Fire Hydrants, Report 59". ORDERED on the motion of Alderman Cheesmau, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. ROADRECONSTRUCTION ON O'NEIL STEEET FEOMDOR(~PJ)- TO ST. PAUL AVE. - MW-88-126 - Chief Adminiatrative Officer - Re: Contract R.C. 24-88 - Road Reconstruction on O'Neil Street from Dorchester Road to St. Paul Avenue.(COUNCIL 1988 07 25). The report recommends the following: 1) That the unit prices submitted by the low tendeter, Alfred Beam Excavating Limited, be accepted and this contract be awarded, and; 2) That the contract option related to the salvage and re-use of existing roadway asphaltic and granular materials, be approved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 75. See By-law No. 88-175, and By-law No. 88-201. ~WAL OF I.E~SR OF GOURTIIOUSK BUILDING - C-88-23 - Chief Ad~nistrative Officer - Re: Renewal of Lease for Court 'House Building. The report recommends that Council pass the by-law appearing on tonight's agenda authorizing the execution of an Offer to Renew Lease with the Province. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 88-204. PROPOSED BUSINESS PARK DEVELOPMENT- G-88-24 - Chief Administrative Officer - Re: Proposed Business Park Development.(COUNCIL 1988 06 27). The report recommends the following: 1) That the City invite proposals from multi-disciplinary consulting firms to investigate and report on the suitability of the lands for Business Park purposes recently optioned from Welland Securities; 2) That an Ad Hoc Business Park Committee be established, comprised of two Aldermen, senior Department Heads, and the Staff of the Economic Develop- ment Agency, to oversee and report to Council on the City's interests in this development. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Coville, Cummings, Hurting,on, Janvary and Pay. NAYE: Aldermen Orr and Puttick. ALLOCA'P, Otl TO KINGS~RIDGx *rRZAlaE WOR BUXLDI~qG RaPAlaS - e-Ss-26 - Chief AdsiuistrativeOffieer - Re: Allocation to Kingsbridge Theatre for Building Repairs. The report recommends that a represeutativ~ of Kingsbridge Theatre be given an opportunity to update Council on the need for immediate repairs to their buildipg. and future programming at the faVi~i~yi 11 - 11 - Mr. Tony Cudgin addressed Council on behalf of the Kingsbridge Theatre. He stated that the roof repairs had been scheduled, and described the work to be done in this regard. Mr. Gudgin reviewed the list of future programs, and advised that eight of the original Board members were still active, and further, that new Board members were being solicited. A brief discussion was held regarding the Theatre having been listed for sale, and the position of the City if the property was sold. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and the funds released to cover the cost of repairs to the roof. The motion Carried with the following vote: AYE: NAYE: Aldermen Chessman, Coville, Cummings, Harrtngton, Janvary, Pay and Puttick. Alderman Orr. COmmUNICATIONS No. 263 - Feliciano PinRue, President, Order of Sons of Italy of Ontario - Re: 5th Anniversary of Park Facilities, Club Italia - August 14th, 1988. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that Council indicate it has no objection to the issuance of a special occasion permit to the Order of Sons of Italy of Ontario, for the 5th Anniversary of the opening of the Park Facilities, to be held on Sunday, August 14th, 1988 at the Club, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously__L No. 264 - Regional Public Works Department - Re: Water/Sewage Flows by Municipality for June 1988. The communication attaches Report DEP-2824 regard- ing the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 265 - Greater Niagara Big Brothers Association Inc. - Re: Proclamation. The communication asks Council to proclaim the month of September 1988 as "Big Brother Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the request be approved subject to established policy. Carried Unanimously. No. 266 - Ja~es Nulligan, Public lnforsation Director - Re: Proclamation. The communication asks Council to proclaim the month of September 1988 as "Arthritis Month", and approval to fly the flag at City Hall during the upcoming campaign. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the requests be approved subject to established policy. Carried Unanimously. No. 267 - St. John Asbulance - Re: First Annual Fundraising Concert - "Project Nostalgia". The communication requests permission to affix street banners for the proposed concert. ORDERED ou the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved subject to the approval of other authorities. Carried Unanimously. Ho. 268 - The city of Stoney Creek - Re: G0 Transit. The communication asks that, prior to any final plan of action to establish the CP/TH & B station as the terminus for GO Transit, careful consideration he given to the needs of the other Municipalities in the Niagara peninsula. ORDERED on the motion of Alderman Pay, seconded by Alderman CUmmings, that the communication be received and filed. Carried Unanimously. l - 12 - No, 269 - ann &Ray Natthe~s and gtaff - Re: Sunday Shopping. The communication attaches a copy of an item published in Hardware Nerchandfsing Hay 1988 entitleds "Close the door on Sunday shopping", and requests the support of Council on this issue in the future. ORDERED on the motion of Alderman Orrs seconded by Alderman Cummingss that the communi~ation be received and filed, Carried Unanimously. REPORTS B-88-48 - Chief Ad~lnistrativ~ Officer - Re: Site Plan Approval - Proposed Building Addition/Regional Auto Parts, 5499 Kalar Road - Pirillo; Committee of Adjustment A-50/88, The report recommends that the Council approve the site plan(s) on display at tonight's meetings being a proposed addition, and the site plan being drawing Number 1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 27, 1988, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pays seconded by Alderman Herringtons that the report be received and adopted. Carried Unanimously. B-88-49 - Chief A~inietretive Officer - Re: Proposed Partitions - Niagara Falls Nemorial Arena. The report recommends that Council approve an expenditure in the amount of $13,076.00 for the construction of partitions and doors in the upper lobby of Niagara Falls Nemorial Arena. ORDERED on the motion of Alderman Cummingss seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-88-50 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement Between The Corporation of the City of Niagara Falls and Hr. Pasquale Ramunno, Niagara Souvenir Centtea 5020 Centre Street. The report recommends that Council authorize a cash-in-lieu agreement with Nr. Pasquale Ramunuo. A by-law autho~- iziug the agreement will be presented to Council at the next avalaible meeting. ORDERED on the motion of Alderman Pays seconded by Alderman Orrs that the report be received and adopted. Carried Unanimously. O-88-21 - Chief Administrative Officer - Re: Conveyance - Part of First Avenue. The report recommends that the section of First Avenue closed by By-law No. 17-78, 1929, be conveyed to the abutting owners subject to the following conditions: 1) That the City retain a ten-foot easement immediately adjacent to the westerly limit of the applicant's land; 2) That the applicant prepare the necessary Reference Pl~h in order to accommodate the sale; 3) 4) 5) that the report be received .and adopted. That the land be sold at a price established by an Opinion of Value; That no signs be erected on the land to be conveyed in order to preserve the existing streetscape; That the lands to be conveyed be subject to Site Plan Control. ORDERED on the motion of Alderman Pays seconded by Alderman Narringtons Carried Unanimously. !!~88,-122 - Chief A~nistrativsOffics~- Re: Quotation for the Supply and Application of Permanent Pavement Natkings. The report recommends that the attached quotations in the amount of $13s396,50s for Supply and Application of Pavement Narkingss b~ awarded to Lafrentz Road Services (Ontario) Ltd. ORDERED on the motion of Alderman Cummingss seconded by Alderman Janvarys that the report be received and adopted, Carried Unanimously, l~S~-124 - C~ef A~ministrmtiws Officer - Re: Contract O.C, 23-88 - Underground Services for Hillsdale Subdivision - Stage II, The report recommends that the unit prices submitted by the low tenderere Alfred Bean Excava. ting Ltd,s be accepted and this contract awarded, . , , , 13 - 13 - ORDERED on the motion of Alderman Pays seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 76. See By-law No. 88-202. h~-88-125 - Chief Administrative Officer - Re: Contract S,S, 26-88 - Storm Sewer Installation on Arthur Street and Duke Avenue. The report recommends that the unit prices submitted by the low tenderer~ Condotta Construction Ltd., be accepted and that the contract be awarded to this firm subject to the sum of $69,000.00 being taken from the Urban Service Area Contribution to Capital Spending Account to finance the balance of the cost of this project. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 77. See By-law No. 88-203. !~88-127 - Chief Administrative Officer - Re: New Sidewalk on Stamford Street. The report recommends the following: 1) That approximately 175 metres of new curb-face sidewalk be constructed on Stamford Street immediately east of Stanley Avenue; and 2) That the $8,000.00 cost be financed from the "Contribution to Capital Spending Account". ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. 1~88-128 - Chief Administrative Officer - Re: Declaration as Public Highway of One Foot Reserve Block Along the West Limit of Pin Oak Drive Known as Block R A, Registered Plan M-40 - Niagara Square Subdivision. The report recom- mends that Block R A on Registered Plan M-40 be declared a Public Highway. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. F-88-43 - C'nief Administrative Officer - Re: Protective Clothing, The report recommends that the tender of Ashbourns Eden Enterprises, in the amount of $14s455.10s be accepted for the supply of protective work clothing. ORDERED on the motion of Alderman Harringtou, seconded by Alderman Covilles that the report be received and adopted. Carried Unanimously. See Resolution No. 78. F-88-44 - Chief Administrative Officer - Re: Municipal Accounts, The report recommends that the accounts totalling $7,892,712.34 for the period ending August 8th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 34173 because his wife is employed by the Board. Alderman Harrtngton declared a conflict of interest on Cheque No. 34174 because he is employed by the Board. ORDERED on the motion of Alderman Janvarys seconded by Alderman Coyills, that the report be received and adopted. The motion Carried with Aldermen Chessman and Marrington abstaining from the vote on Cheque Nos. 34173 and 34174 respectivelye on conflicts of interest previously recorded; with Alderman Orr voting contrary on Cheque Nos. 34339 and 341461 with Alderman Puttick voting contrary on Cheque No. 34146; and with all others voting in fayour. See B~-law No. 88-205. CD'-88'-39 - Ownfee AdmimistrativeOfficar - Rez Extension of Urban Service Area; Jack Vegter - Northwest Corner Thorold Stone Road and Kalar Road, The report recommends that Council pass the by-law appearing later on the agenda to extend the boundaries of Urban Service Area No, I to include the property owned Nr, JaCk Vegters located at the north-west corner of Thorold Stone Road and {ler Roe . . . . . 14 - 14 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 75 - CMNAM - PAY - RESOLVED that the ~nit prices submitted by Alfred Beam Excavating Limited (Fort Erie) for Contract R.C. 24-88 - Road Reconstruc- tion on O'Neil Street from Dorchester Road to St. Paul Avenue, be accepted at the low tendered amount of $1,067,132.66; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 76 - PAY - C~M~S - RESOLVED that the unit prices submitted by Alfred Beam Excavating Ltd. (Fort Erie) for Contract G.C. 23-88 - Underground Services for Hillsdale Subdivision - Stage II, be accepted at the low tendered amount of $464~023.93; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 77 - PAY - (~I{GS - RESOLVED that the unit prices submitted by dondotta Construction Ltd., (Thorold) for Contract S.S. 26-88 - Storm Sewer Installation on Arthur Street and Duke Avenue, be accepted at the low tendered amount of $139,703.00; AND the Seal of the Corporationbe hereto affixed. Carried Unanimously. No. 78 - MIMGTON - COV~lJx - RESOLVED that the unit prices submitted by Ashbourne Eden Enterprises for the supply of protective work clothing, be accepted at the low tendered amount of $14,455.10; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 79 - C~!I!~g - C~xm~MAN- RESOLVED that a message of condolence be forwarded to the family of the late Charles Herbert "Bert" Harming, a former employee of the Niagara Parks Commission and a highly respected citizen of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 80 - Ml!~g - PAY - RESOLVED that Alderman Judy Orr be appointed Acting Mayor from August 17th, 1988 to August 27th~ 1988, inclusive, during the absence of His Worship Mayor William S. Smeaton; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that leave be granted to introduce the following by-lawss and the by-laws be read a first time: No, 88-175 - A by-law respecting the reconstruction of O'Heil Street from Dorchester Road to St. Paul-AVenue. No. 88-200 - A by-law to alter the boundaries of the Urban Servlce Area of the City, NO, 88-20i - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for road reconstruction on 0'Nell Street from Dorchester Road to St, Paul Avenue, No, 8~-202 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road ' ' construction in the proposed Hillsdale Estates Subdivision, Phase 2. NOe 88-203 - A by-law to authorize the execution of an agreement with Condotta Construction Limited for storm sewer ,installation on -. Arthur Street and Duke Avenue, · lee, 88-204 - A by-law to authorlee an Offer to Renew Lease for the Provincial Court House. , , . . 15 - 15 - No. 88-205 - A by-law to provide monies for general purposes. Me. 88-206 - A by-law to authorize the execution of an agreement with First Bran, Holdings Inc. upon the terms set out in the attached agreement, as amended. The motion Carried with Aldermen Cheesman and Herring,on abstaining from the vote on By-law No. 88-205 on conflicts of interest previously recorded under Report No. F-88-44; with Aldermen Orr and Put,irk voting contrary on By-law No. 88-205 as previously recorded under Report No. F-88-44~ with Aldermen Orr and Puttick voting contrary on By-law No. 88-206; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, the following by-laws be read a second and third time: No. 88-175 - A by-law respecting the reconstruction of O'Neil Street from Dorchester Road to St. Paul Avenue. the t No. 88-200 - A by-law to alter the boundaries of the Urban Service Area of the City. No. 88-201 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for road reconstruction on O'Neil Street from Dorchester Road to St. Paul Avenue. No. 88-202 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road construction in the proposed Hillsdale Estates Subdivision, Phase 2. No. 88-203 - A by-law to authorize the execution of an agreement with Condotta Construction Limited for storm sewer installation on Arthur Street and Duke Avenue. No. 88-204 - A by-law to authorize an Offer to Renew Lease for the Provincial Court House, No. 88-205 - A by-law to provide monies for general purposes. No, 88-206 - A by-law to authorize the execution of an agreement with First '~ Bran, Holdings Inc. upon the terms set out in the attached "' agreements as amended. The motion Carried with Aldermen Cheesman and Herring,on abstaining from the vote on By-law No. 88-205 on conflicts of interest previously recorded; with Aldermen Orr and Puttick voting contrary on By-law No. 88-205 as previously recorded; with Aldermen err and Puttick voting contrary on By-law No. 88-206; and with all others voting in fayour. NEW BUSINESS SwayaeD~iveT~ansport T~uck - Alderman Cummings referred to a complaint he had recently received from Mrs. Ruth Siedersberger, 5854 Swayze Drive, regarding a transport truck which has been parked continuously on the street. He advised that the police had been called and tickets had been issued. Alderman Cummings asked that Staff investigate and take the necessary action to permanently resolve the matter. Stoop & Scoop By-law - Alderman Puttick requested information regarding the submission of a Stoop and Scoop By-law, - 16 - THIRTY-FIRST MEETING Tlme Kx~enalon/Tax]~'e~ra - ORDERgD on the motion of Alderman Janvary, seconded by Alderman art, that Council rise and report that an extension of time be approved to provide an opportunity for Mr. Saltan Etezadi and Mrs. Hilda Taggart to clear up their residential tax arrears situation· Carried Unanimously. Resign~tien/Alde~aNomn Baker - His Worship Mayor Smeaton reviewed a letter received from Alderman Norman Baker submitting his resignation from City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the resignation of Alderman Baker be accepted with regret. Carried Unanimously. Representative/Humane Society Board - Alderman Janvary referred to the necessity of authorizing a replacement of a Council representative to the Humane Society Board, in the absence of Alderman Baker, and stated that Alderman Covllle had previously been authorized to act as an. alternative on the Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that Alderman Coville be authorized to represent Council on the Humane Society Beard. Carried Unanimously, ~ OF Ifffzkw-gT: Anniversaries/City Clerk - Alderman Cummings advised that the Clerk was celebrating his 35th Wedding Anniversary this evening, and further, in a couple of weeks would have been with the City of Niagara Falls for 33 years. The Clerk was congratulated by City Council. It was moved by Alderman Puttick, seconded by Alderman Pay, that the meeting adJoun~. Carried Unanimously. READ AND A TED, COMMITTEE OF THE WHOLE Committee Room #1 August 29, 1988 Council met on Monday, August 29th, 1988, at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hopkins, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. L READ AND ADOPTED, REGULAR MEETING Council Chambers August 29, 1988 Council met on Monday, August 29th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Hopklns, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Covllle offered the Opening Prayer. ADOPTION OF MINUTES Alderman Campbell, who was not in attendance at the meeting of Council held on August 8th, 1988, declared a conflict of interest for that date under Report No. F-88-44 on Cheque No. 34165 because it concerned himself, and on Cheque No. 34339 because it concerned a client. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the regular meeting held August 8th, 1988, be adopted as printed. Carried Unanimously. DEPUTATIONS PROPOSED BUS PURCHASE - Cossunicatimm No. 270 - Niagara Transit - Re: Proposed Bus Purchase. The communication advises of the need for additional buses, and requests the approval of the City for an additional capital expenditure in the amount of $47,500.00. The following representatives of the Greater Niagara Transit Commission were in attendance: Mr. Ken Dubois, Chairman; Mr. Guy Prata, Vice Chairman; and Mr. Don Pierson, Publicity Chairman; as well as Mr. Bob Hawes, Superintendent of Operations; and Mr. Terry Librock, Office Manager of Niagara Transit. Mr. Dubois reviewed information contained in the communication, discussed the Ministry of Transportation requirements for the purchase of buses, the use of City buses for student transportation , and for shuttle service during the summer season, as well as the great need for new buses. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbe11~ that the request for $47,500.00 to purchase a new bus be approved. Carried Unanimously. - 2- lIEQUEST ~OI~L FREE. ~EPHONE RATES/NETg~RRY ARIIA- ~mmunication Mo. 271(A) - Hr, & Mrs. I~menic Paonessa - Re: Telephone Rates. The communication requests permission to address Council in order to present a proposal to change the current telephone service to toll-free service within the area, - AND - Communication No. 271(B) - Petitions from Citizens from Netherby ~en - Re: Telephone Rates. The petitions request toll free telephone service within the area. Alderman Hiusperger declared a conflict of interest because he is employed by the Company. Mr. Domenic Paonessa, representing a large number of concerned citizens, stated that the high telephone rates affect the Crowland and Willoughby areas, discussed the proximity and interaction of the large number of concerned citi- zens with Niagara Falls, contacts made to Mr. Rob Nicholson, M.P., and Alderman Hopkins, who were in favour of the request, and expressed the desire to have the support of Council in taking action to implement the requested service. During a discussion regarding the history of the telephone service in the Niagara area, the Chief Administrative officer suggested that a discussion be held with Bell Canada representatives to determine the action required to resolve the situation. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that Council support the request, and further, that a copy of the information be forwarded to Mr. Harry Kitchen, Niagara Regional Review Commission. The motion Carried with Alderman Hinsperger abstaining from the vote on a confXict of interest previously recorded; and with all others voting in fayour. UNFINISHED BUSINESS Cll~l OF NIAGARA FALLS LANDFILL SITI - Hg-88-135 - Chief Administrative Officer - Re: MW-88-135, Waste Disposal at City'8 Landfill Site - Chamber of Commerce Proposal. The report recommends the following: 1) 2) 3) That, in recognition of the Chamber of Commerce' withdrawal of its Proposal, Council receive and file the Chamber of Commerce Proposal, sub- mitted at the 1988 08 08 Council meeting, with respect to the disposal of wastes from Niagara Falls businesses at the City's Landfill Site; That Council reaffirm its decision of 1988 07 11 to impose interim total restrictions at the Mountain Road Landfill Site, but that the effective date be revised to 1988 10 03; That the City not entertain any requests from existing businesses, to have the City begin to provide Waste Collection Service, until this Commercial Waste Collection Service is reviewed; ~nd 4) That further consideration be given to hiring a Waste Management Co-Ordinator. Mr. Robert Sorley, Lubrizol Canada Ltd., and Chamber of Commerce Board Member who participated in the Committee reviewing the Chamber of Commerce proposal, advised that the Chamber bed not been pleased with the decision, but did appreciate the opportunity of participating in a discussion, with Staff, with respect to the matter. During the discussion, it was pointed out that a Municipal Recycling Program was available on an interim basis for 40 weeks, without cost, and a recommendation made that this be included in the documentation, and further, that Staff be asked to investigate the possibility of this Municipality participating in the program. A request was made that the Waste Management Co-Ordinator investigate the concept of the equitability of the proposed policy, as well as the policy and practice in other Municipalities. It was further requested that the Clerk notify all major concerns of Council's decision, ' ' 3 ORDERED on the motion of Alderman Orr, seconded by Alderman Covllle, that the report be received and adopted, and further, that Staff be authorized to research the availability of a temporary Staff person to assist in investigating the possibility of establishing an interim recycling program. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coyills, Cummings, Harrington~ Hinsperger, Janvary and Orr. NAYE: Aldermen Pay and Puttick. PROVINCIAL/MUNICIPAL SOCIAL SERVICES REVIEW - Co~ication No, 272 - Social Planning Council of Niagara Falls - Re: Provincial/Municipal Social Services Review Discussion Paper.(COUNCIL 1988 07 25). The communication attaches a copy of a precis of the subject Paper, together with the response of the Social Planning Council of Niagara Falls. Mrs. gelins Volpatti, President of the Social Planning Council Board of Directors, was in attendance and responded to questions raised. Council Members commended the Social Planning Council for their efforts. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the comments endorsed. Carried Unanimously. REVlE~ OF '~llE NIAGARA ff~ERIENCE: PLANNII~ FOR THE 1~' - PD-88-125 - Chief Administrative Officer - Re: Review of "The Niagara Experience: Planning for the Future"; Report ou Group Homes, June, 1988. (COUNCIL 1988 07 25). The report recommends the following: 1) That the Social Planning Council's report be used as a resource document for the purpose of updating the City's Group Homes By-law; 2) That a copy of PD-88-125 and the Social Planning Counctl's report on Group Homes be forwarded to the Region for information; 3) That the Region be notified that a formal response to the proposed Regional Group Homes By-law will follow once the City finalizes its review of outstanding items mentioned in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. i ZONING AI~ A~PLIUATION AN-15/88, NIAgArA FALLS FII~YlGHT~itS CLUB - Iq)-88-116 - Chief Administrative Officer - Re: Zoning Amendment Application AM-15/88, Niagara Falls Firefighters Club, 6025 Dixon Street and 6493 Orchard Avenue.(COUNCIL 1988 04 11). The report recommends the following: 1) = That City Council, prior to the passing of the amending by-law for the Niagara Falls Firefighters Club, determine by resolution, in accdrdance with Section 34(16) of the Planning Act 1983, that the change to the proposal will not require the giving of any further Public Notice; 2) That Council enact the amending by-law respecting the application in accordance with Section 34(17) of the Planning Act. - AND - B-88-52 - C~ief Ad~uistrative Officer - Re: Site Plan Approval - Proposed Niagara Falls Firefighters Club, 6025 Dixon Street and 6493 Orchard Avenue AM-15/88. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Niagara Falls Firefighters Club, and the site plan being drawing Number 8808-2, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 30, 1988, and that such approval be subject to the conditions outlined in the report. -4- - AND - CommunicationNo* 273(A) (HANDOUT) - g. Judge & &ssociates - Re: AM-15/88 Niagara Falls Firefighters Club, 6025 Dixon Street/6493 Orchard Avenue. The communication advises that the application for rezoning is being withdrawn. Alderman Campbell declared a conflict of interest because he is a member of the Firefighters Association. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. A lengthy discussion was held with respect to information contained in the Background section of the report regardinga proposed minor addition to the existing building. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the matter be tabled. The motion was withdrawn in order to allow an opportunity for a letter to be apb~itted, by Alderman Coville, from Ken Watson. -- AND - Cossunication No. 273(B) (ILs. lqDOUT) - Ken Watson - Re: Niagara Falls Firefighters Recreational Association. The communication refers to the inten- tion of the Association to add a 189 square foot extension to the present building, and asking Council to postpone any decision regarding the addition until the residents could be informed, and given opportunity to express objections at a Public Meeting. Mr. Judge was in attendance and discussed the original application from the Firefighters Club for fezsuing. He stated that no reference to the apartment had been made in the application, but that the Club's intention to expand the second level of the building had been discussed with Staff. Mr. Judge further stated that they wish to have a Recreation Club with improved parking, that Staff had suggested the application be made for fezsuing, and that the Club was trying to solve the problem and improve the area. He advised that he had been authorized to withdraw the application. The Chief Administrative Officer stated that the purpose of the Public Meeting was to apprise adjacent residents of proposed changes, and that Staff had become aware of the additional proposal to the second-storey, which had not been discussed at the Public Meeting. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the matter be tabled for one week to allow Mr. Judge and Staff an opportunity to discuss a possible resolution to the matter. The motion to table which took precedence Carried with the Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with the following votw: i AYE: Aldermen Chessman, Coville, Cummings, Herrington, Hinsperger, Janvary, Pay and Puttiek. NAYE: Alderman Orr. COMMUNICATIONS No. 27A - RegionAl Hiagara Office of the Clerk- Rez Dangerous Swimming Areas. The communication attaches n copy of a request from Regional Councillor Sobol that the subject matter be placed on the ageads for the next meeting of City Council, and advises that the Regional Planning & Development Committee had referred the correspondence to the Kegion Niagara Tourist Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Minsperger, that the communication be received and filed. Carried Unanimously. No. 275 - Old St, Jobass St~ord Heritage Association - Re: Columbarium. The communication asks Council to forward a resolution to the Ministry of Consumer and Commercial Relations, expressing approval of the operation of a Columbarium. Mr. Jack Hall, President of the Association, expressed appreciation to Council Members for their support, and advised that the structure would be called the Stamford Green Meritago Columbarium. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted. Carried Unanimously. t No. 276 - Regional Niagara Office of the Clerk - Re: Draft Report on the Feasibility of a Development Charge Policy for the Regional Municipality of Niagara. The communication attaches Report C.A.O. 10-88, for comment to the Regional Finance Committee us later than October 28th, 1988. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to Staff and the Mayor's Committee on Housing. Carried Unanimously. No. 277 - Regional Niagara Office of the Clerk - Re: First Meeting of Regional Council, 1988-1991 Term. The communication attaches Report C/F 8-88, and requests the support of area Municipalities in holding their inaugural meetings for the term, prior to 4:00 p.m. ou Thursday, December 8th, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved. Carried Unanimously. No. 278 - Ronald P. Leitch, President, Alliance for the Pr@servation of English in Canada - Re: Language Referendum. The communication requests that all Municipalities in Ontario hold a languag~ referendum in conjunction with the Municipal elections. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 279 - Joe McLaughlin, Fend-Raising Chairman, Niagara Falls Family Y.M.C.A. - Re: y.M.C.A. Sis-Pitch Tournaments - September 9th to llth, 1988, and September 16th to 18th, 1988, Cupolo Sports Park Complex, Montrose Road. The communication requests Special Occasion Permits for the two events. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that Council indicate it has no objection to the issuance of special occasion permits to the Niagara Falls Family Y.M.C.A., in conjunction with the Sis-Pitch Tourna- ments to be held September 9th, 10th and llth, 1988, and September 16th, 17th and lath, 1988, at the Cupolo Sports Park Complex, Montrose Road, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 280 - Cl~ryl Wyllie, Cossittee Chairperson, Niagara Region Sexual Assault Centre - Re: Women March to Protest Violence Against Children and Women - September 22, 1988. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the request be granted, subject to the approval of other authorities. Carried Unanimously. No, 281 - Chippage Lions Club - Re: Winter Festival of Lights - Santa Claus Parade - November 27th, 1988. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be granted, subject to the approval of other authorities. Carried Unanimously. No. 282 - City of Windsor - Re: Diversion of Great Lakes Water to Mississippi River System. The communication requests Council to endorse opposition to any diversion of the subject water. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be endorsed. The motion Carried with the following vote: AYE~ Aldermen Campbell, Cheesman, Covilles Cummings, Harrington~ Hiusperger, Janvary, Pay and Puttick. NAYE: Alderman Orr. No, 283 - Chipimwa Neroheats Jr. 'C' Honkmy Club - Rez Installation of Bleachers - Niagara South Arena Complex. The communication requests assistance in the form of funding with respect to the installation of bleachers at the Complex, -6- Mr. Winston Auld, Manager, and Mr. 'Butch' Somerville, President of the Club, were in attendance to respond to questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be approved and the bleachers installed for the upcomlng season. Following a discussion, it was moved by Alderman Coville, seconded by Alderman Janvary, that the matter be tabled one week for further information. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Cheesman, Coville, Herrington, Hinsperger, Janvary, Pay and Puttick. NAYE: Aldermen Campbell, Cummings and Orr. No. 284 - Ruth Crier, M.P.P., Etobicoke-Lakesbore - Re: Auto Wrecking and Salvage Yards. The communication requests comments regarding any problems which have been encountered in connection with the subject matter, as well as sugges- tions to resolve the situation. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be referred to Staff. Carried Unanimously. No. 285 - CP RAIL - Re: Bridge Repair & Painting, Zimmerman Avenue and CP Rail Track. The communication requests a temporary street closure in order to allow the work to proceed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the request be approved, and the by-law appearing later on the agenda, be passed, and further, that a copy of the communication be forwarded to the Downtown Board of Management. Carried Unanimously. See By-law No. 88-216. No. 286 - Lorna Anstruther, McHappy Day Coordinator - Re: Proclamation. The communication encloses background information regarding the event, and asks Council to proclaim October 19th, 1988 as "McHappy Day VII". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved, subject to established policy, Carried Unanimously. No. 287 - Niagara Peninsula ConservationAuthority- Re: NPCA Community Relations Strategy. The communication provides information regarding a proposed three-stage development process~ and requests participation. ORDERED on the motion of Alderman Pay, seconded by Alderman ~Cummings, that the communication be referred to Staff. Carried Unanimously. REPORTS PD-88-120 - Chief Administrative Officer - Re: PRIDE. The report attaches a letter from the Ministry of Municipal Affairs which advises that the Ministry is unable to provide the Municipality with funds this year under the Program; and recommends that the report be received for information. ORDERED ou the motion of Alderman Pay, seconded by Alderman Marrington, that.the. report be received and adopted, Carried Unanimously. PD-88-123 - Chief Administrative Officer- Re= Application for Exemption from Part Lot Control; Lots 48~ 52, 53, 54, 59, 60 and 61, Post Road, Ascot Woods Ext. No. 2 (Registered Plan N-124). The report recommends that the request from George Schneider Construction Co. Ltd., on behalf of 'their clients, to exempt from Part Lot Control Lots 48, 52, 53, 5~, 59, 60 and 61, Registered Plan M-124, be approved and that Council pass the appropriate by-law to designate the aforesaid lands as exempt from Part Lot Control. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-214. - 7 - P!)-88-126 - Chief Adsinistrative Officer - Re: AM-3/87 Maria Gualtieri, 5856 Robinson Street. The report recommends that City Council enact By-law No. 88-207 in accordance with Section 34(17) of the Planning Act, for a rooming or boarding house. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 88-207. B-88-51 - Chief Adsinistrative Officer - Re: Cash-in-Lieu Agreement Between The Corporation of the City of Niagara Falls and Niagara Strlngs Inc., 6081 Main Street. The report recommends that Council authorize a cash-in-lieu agreement with Niagara Strings Inc. A by-law authorizing the agreement will be presented at the next available meeting. - AND - Communication No, 288 - Mr. Dante F. Marineill, Solicitor - Re: Niagara Strings Inc. Day Care Centre, 6081 Main Street. The communication, written on behalf of Niagara Strings Inc., requests that the site be considered eligible for the City's cash-in-lieu of parking program. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the communication be received and filed, and the report be received and adopted. Carried Unanimously. B-88-53 - Chief Adsinistrative Officer - Re: The Buildings & Inspections Department Report for July 1988. The report provides information regarding Permits Issued and Highlights for July 1988, as well as August Proposals. ORDERED on the motion of Alderman Harrington, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously.. B-88-54 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Commercial/Residential Development; 4872 Valley Way. The report recommends that the Council approve the site plan(s) on display at tontght's meeting, being a proposed commercial development, and the site plan being drawing Number A-l, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 25, 1988, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. B-88-55 - Chief Adainistrative Officer - Re: Site Plan Approval - Proposed 9 Unit Extension to Pine Tree Village Mobile Home Park; 2175 Mewburn Road; Niagara Escarpment Commission Application N/S/84-5/146. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed extension to the Pine Tree Village Mobile Home Park, and the site plan dated June 13~ 1988, as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 23, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-88-56 - Chief Adsinistrative Officer - Re: Site Plan Approval - Proposed Commercial Building; 8837 Thorold Stone Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial building, and the site plan being drawin8 Number A-01, and the mechanical plan being drawing Number M-l, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 23, 1988, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Narrington, that the report be received and adopted. Carried Unanimously. B-88-57 - Chief Adsinistrative Officer - Re: Site Plan Approval - Proposed Extension to LaFontana Restaurant; 6788 Thorold Stone Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed extension to a restaurant use and additional parking -8- area, and the site plan being drawing Number 1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 25, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. B-88-58 - Chief Administrative Officer - Re: Boiler Replacement - Recreation Commission Building. The report recommends that Council approve the low bid of $7,707.00 by Conway Plumbing and Heating, for the replacement of the existing low pressure steam boiler at the Recreation Commission Building. ORDERED on the motion of Alderman Herringtons seconded by Alderman Pays that the report be received and adopted. Carried Unanimously. P-88-10 - Chief Ad=tnistrative Officer - Re: report recommends the following: the report be received and adopted. STD/LTD/Type 1 Pension. The That Council pass the by-law appearing on tontght's agenda, implementing a Short-Term Disability (STD) Plan which is integrated with our Long Term Disability (LTD) Plan, effective June 1, 1988, for its management group of employees; 2) That Council pass the by-law appearing on tonight's agenda, authorizing an agreement with the Ontario Municipal Employees Retirement System to provlde a full Type 1 Supplementary Pension, effective January 1, 1988, for its management group of employees; 3) That Council authorize the expenditure of approximately $123,228.00, representing the amount owing the Ontario Municipal Employees Retirement System for the 1988 cost of providing a Type 1 Supplementary Agreement for its management group. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that Carried Unanimously. See By-law No. 88-218, and By-law No. 88-219. P-88-11 - Chief Administrative Officer - Re: Employee Appreciation Night. The report recommends that Council authorize a Long Service/Retiree Recognition Night (Employee Appreciation Night), to be held on November 12, 1988, and an expenditure up to $2,500.00 towards the operating costs. ORDERED on the motion of Alderman Orr, seconded by Alderm~n Janvary, that the report be received and adopted. Carried Unanimously. 0-88-27 - Chief Administrative Officer - Re: Request for Extension of Reserve on Lot 7, Plan M-67; Halim R. Badawy, In Trust. The report recommends that the request received on behalf of Mr. Halim R. Badawy, as contained in the letter from Peter S. Mann, be approved, and that Council grant a nine-month extension of the condition on title which requires that construction be commenced within one year from December 4~ 1987. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unanimously. 0-88-28 - Chief AdsimistretiveOfficer - Re: Request for Extension of Reserve on Lot 47, Plan 243; Teresa Lo, In Trust. The report recommends that the request for reserve, as approved by Council on April 25, 1988,. be extended until December 31, 1988. - AND - Gomaimicationlo. 289 - Niagara Palls Zeonoaicl)e~elopssnt Agency - Re: 10.39 Acres, Lot 47, Plan 243~ Stanley Avenue Business Park. The communication recommends that Council extend the request for reserve until December 31, 1988. -9- ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the communication be received and filed, and the report be received and adopted. Carried Unanimously. R-88-34 - Chief Administrative Officer - Re: Pro Star Niagara Hockey School. The report recommends that the by-law regarding the Pro Star Niagara Hockey School, which is on tonight's Council agenda, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See By-law No. 88-212. R-88-35 - Chief Administrative Officer - Re: Niagara Falls Arena Time Clock's Sponsorship. The report recommends that the by-law on tonight's Council Agenda, regarding the advertising agreements at the Niagara Falls Memorial Arena, be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 88-211. R-88-36 - Chief Administrative Officer - Re: Tennis Court Renovation, A.G. Bridge Park. The report recommends that Economy Paving be awarded the contract to excavate and repays the tennis courts at A.G. Bridge Park for a total cost of $31,000.00. It is further recommended that Anteater Paving be awarded the contract to supply and install tennis net foundations and posts, and supply and install a colourcoat system, layout and paint lines, for a total cost of $14,430.00. In each case the company recommended submitted the lowest bid. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Cartled Unanimously. R-88-37 - Chief Administrative Officer - Re: Fencing A.G. Bridge Park Tennis Courts. The report recommends that Sheppard Fence Company be given the Job of installing new fences around the tennis courts at A.G. Bridge Park for a total cost of 68,960.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. R-88-38 - Chief Administrative Officer - Re: Recreation Information Directory. The report recommends that Lindsay Press, the lowest bidder~ be authorized to print the Recreation Information Directory at a cost of $10,094.96. It was further recommended that Shopping News be authorized to distribute the Directory at a cost of $1,241.05. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. R-88-39 - Chief Administrative Officer - Re: Recreation Commission Renovations. The report recommends that Staff be authorized to renovate the Recreation Commission Building with the reserves listed in this report. ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. R-88-40 - Chief Administrative Officer - Re: Wintario Grant Applications. The report recommends that Council pass a resolution to approve, in principle, the reconstruction of the Oakes Park track and dugouts~ and renovations to the F.H. Leslie Pool. It was further recommended that Council approve an applica- tion to be submitted to the Ntntstry of Tourism and Recreation for financial asststance~ according to the "Terms and Conditions of the Application Grant Program". During the discussion regarding a guarantee~ Alderman Cummings requested that Staff ascertain the year the present track was installed. ORDERED on the motion of Alderman Covllle~ seconded by Alderman Pay~ that the report be received and adopted. Carried Unanimousl~L See Resolution No. 81. .ms Fs , m - 10 - - 11 - R-88-41 - Chief Adeinistrative Officer - Re: Purchase of Two Evtnrude Motors for St. John Ambulance Boat Patrol. The report recommends that two 30 horsepower Evinrude motors be purchased from Niagara Marine of St. Cathartncs for a total cost of $5,800.00, plus applicable taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. R-88-42 - Chief Administrative Officer - Re: Request to Use Niagara Falls Memorial Arena Parking Lot. The report recommends that Geppino's Grocery Food Market be informed that the Niagara Falls Memorial Arena parking lot is unavailable as per their request. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hinsparger, Janvary, Orr and Pay. NAYE: Alderman Puttick. F-88-45 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $11,182,676.73 for the period ending August 29, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 34603 because his wife is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque No,. 34441, 34625 and 34695 because he is employed with the Company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the report be received and adopted. The motion Carried with Aldermen Chessman and Hinsperger abstaining from the vote on Cheque Nos. 34603, 34441, 34625 and 34695 respectively, on conflicts of interest previously recorded, and with all others voting in fayour. See By-law No. 88-217. CI)-88-~0 - Chief Adsinistrative Officer - Re: Vacancy on City Council. The report recommends that Council appoint a person to fill the vacancy created by the resignation of Alderman Norman Baker. Coesunicetion !~os. 290(A), (B), (C), (D), (E), (F) & (G) -Doug Esbleton, Bruce Ward, Jaees Vaaderscboot, Darlene J. At,strong, David F. Westm and Cordon Turner. The communicants request that their appl{cations be considered for the vacancy on Council. Ms, Armstrong requested that her name be withdrawn because of ill health, Following a brief discussion, it was moved by Alderman Puttick, seconded by Alderman Pay, that approval be given for Mr. Gordon A. Turner to be a Member of Council for Ward 2 to replace the former Alderman Norman Baker. The marion Carried with the following vote: AYE: Aldermen Chessman, Coville, Cummings, Harrington, Janvary, Orrs Pay and Puttick. NAYE: Aldermen Campbell and Hinsperger. N-88-16 - NayOr Smton- Re: Vacancy on City Council. The report attaches copies of correspondence received, and replies forwarded, with respect to the vacancy on City Council created by Norman Baker*s resignation. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and filedo Carried Unanimously. Cl)-88-41 - Chief Administrative Officer - Re: AM-28/86, Restricted Area B~-law No. 88-26, Proposed Used Car Lot and/or New Car Agency, South Side of Bridge Street, West of Cryslat Avenue. The report recommends that the date of the Ontario Municipal Board Hearing be noted, and that this report be received and fixed. . . , , 11 L ORDERED on the motion of Alderman Pay, seconded by Alderman Htnsperger, that the report be received and adopted. Carried UnanimouslyL CI)-88-42 - Chief Administrative Officer - Re: Surplus Ontario Hydro Property, East Side of St. Paul Avenue, Part of Twp. Lots 24 and 37. The report recommends that Ontario Hydro be informed that the City of Niagara Falls is not interested in purchasing a triangular shaped parcel of property located on the east side of St. Paul Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. CD-88-43 - Chief Administrative Officer - Re: Council Meeting - Thanksgiving Week-end. The report recommends that no Council Meeting be held on the week commencing October 10, 1988, which is Thanksgiving Day, and that the Planning/Regular Council Meeting, normally held during that week, be scheduled for Monday, October 17, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. CD-88-44 - Chief Adsinistrative Officer - Re: Extension of Urban Service Area Boundaries; Mr. Len Pirillo, West Side of Kalar Road, Twp. Lot 122. The -report recommends that Council pass the by-law appearing later on the agenda to extend the boundaries of Urban Service Area No. i to include the property owned by Mr. Len Pirillo, located on the west side of Kalar Road within Twp. Lot 122. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously~ See By-law No. 88-215. RESOLUTIONS No. 81 - CU~MGS - PAY - RESOLVED that the Council of the City of Niagara Falls does hereby support an application to the Ministry of Tourism and Recrea- tion for financial assistance towards the cost of the reconstruction of the Oakes Park track, and dugouts, and renovations to the F.H. Leslie Pool; and that the Director of Parks and Recreation be authorized to submit an application to the said Ministry for financial assistance according to the "Terms and Conditions of the Application Grant Program"; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 82 - PAY - J~l~VJlY - RESOLVED that the Council of the City of Niagara Falls approves of the application of the Old St. John's Stamford Heritage Association Incorporated for a Columbarium to be located in the Old St. John's Church on the east side of Portage Road, south of Brooks Street; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of that leave be granted to read a first time: Alderman Cummings, seconded by Alderman Hinsperger, introduce the following by-laws, and the by-laws be No, 88-207 - A by-law to amend By-law No. 79-200, as amended. (AM-3/87 M. Gaultieri, 5856 Robinson St. at Main St.; Report PD-87-79 approved by Council, June 8, 1987). No. 88-208 - Withdrawn. No. 88-209 - Withdrawn. No, 88-210 - A by-law to of the date location of provide for the notification of resident electors and time of polling, including advance polls, and the the polling places. - 12- No, 88-211 - A by-law to authorize the execution of licence agreements for advertising and other privileges with contributors towards the cost of an advertising score clock at the Niagara Falls Memorial Arena. No. 88-212 - A by-law to authorize the execution of an agreement with Pro Star Niagara Hockey School - Division of Brother Sports Inc. NO. 88-213 - A by-law to authorize a subdivision agreement with River Realty Development (1976) Inc., respecting Mount Carmel Plan of Subdivision. 88-214 - A by-law to designate certain land not to be subject to part lot control. (Various Lots). No. 88-215 - A by-law to alter the boundaries of the Urban Service Area of the City. 88-216 - A by-law to close a portion of Zimmerman Avenue temporarily. No, 88-217 - A by-law to provide monies for general purposes. 88-218 - A by-law to amend By-law No. 88-42, being a by-law respecting sick leave credits, pensions and other benefits for employees. No. 88-219 - A by-law to authorize the amendment of a Supplementary Benefit Agreement under the Ontario Municipal Employees Retirement System ( "System" ). The motion Carried with Aldermen Cummings and Harrington abstaining from the vote on By-law No. 88-217, on conflicts of interest previously recorded under Report No. F-88-45; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger~ that the following by-laws be now read a second and third time: 88-207 - A by-law to amend By-law No. 79-200, as amended. (AM-3/87 M. Gaultieri, 5856 Robinson St. at Main St.; Report PD-87-79 approved by Council, June 8, 1987). No. 88-208 - Withdrawn. No. 88-209 - Withdrawn. 88-210 - A by-law to of the date location of provide for the notification of resident electors and time of polling, including advance polls, and the the polling places. / No. 88-211 - A by-law to authorize the execution of licence agreements for advertising and other privileges with contributors towards the cost of an advertising score clock at the Niagara Falls Memorial Arena. No..88-212 - A by-law to authorize the execution of an agreement with Pro Star Niagara Hockey School - Division of Brother Sports Inc. No, 88-213 - A by-law to authorize a subdivision agreement with River Realty Development (1976) Inc. respecting Mount Carmel Plan of Subdivision, No. 88-214 - A by-law to designate certain land not to be subject to part lot control, No, 88-215 - A by-law to alter the boundaries of the Urban Service Area of the City. No, 88-216 - A by-law to close a portion of Zimmerman Avenue temporarily. No. 88-217 - A by-law to provide monies for general purposes. No, 88-218 - A by-law to amend By-law No. 88-42, being a by-law respecting sick leave cradits~ pensions and other benefits for employees, - 13 - No, 88-219 - A by-law to authorize the amendment of a Supplementary Benefit Agreement under the Ontario Municipal Employees Retirement System ("System"). The motion Carried with Aldermen Cummings and Harrington abstaining from the vote on By-law No. 88-217, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITlff~S OF INTEREST: Toronto gun Celebrity SloPitch Game - His Worship Mayor Smeaton referred to the Information for Council memorandum from the Director of Parks and Recreation, and requested volunteers from Council to participate. Aldermen Covflle, Cummings, ttarrington, Orr and Pay indicated their interest in participating in the five-inning Toronto Sun Celebrity Slo-Pitch Game on Friday, September 9th, 1988 at the Optimist Club, at 6:30 p.m. Jr, =A" Hockey Team- The Chief Administrative Officer announced that the naming of the new Junior 'A" Hockey Team will be held in Committee Room No. 2, at 2:00 p.m. August 20th, 1988. ITEMS OF GONCERN: TourJam Impact Study - Alderman Cheesman referred to the Tourism Impact Study which had been presented at a Public Meeting sponsored by the Province in May 1988, and requested infor- mation regarding action being taken with respect to the recommendations in the Study. Mayor Smeaton reviewed actions taken regarding major signing, and parking deficiencies within the community, and advised that a report would be submitted at the next meeting pf Council. ProposedCourthouse'- In response to an enquiry from Alderman Puttick, the Chief Administrative Officer advised of contacts with the Attorney General's Department and the Ministry of Government Services, and provided an oral update respecting the construction of a new Courthouse building. Humane Society Hoard Meeting - Alderman Coville stated that she had recently attended a meeting of the Niagara Falls Humane Society Board and asked Council to authorize Alderman Janvary as an alternate representative. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that Alderman Janvary be appointed to act as an alternate representative to the Board. Carried Unanimously. Spaeding/Schisler Road - Alderman Coville expressed concern regarding complaints she had received with respect to speeding on Schisler Road and referred to requests for Police radar to be set up in order to encourage a decrease in the speed of vehicles in the area. She requested a motion from Council to forward a letter to the Police Department asking for radar in the area. The Chief Administrative Officer advised of a current investigation respecting complaints of speeding vehicles on Montrose Road, and stated that situation on Schtsler Road would be included in the City's investigation and contact with the Police Department. ANO Convention/Bill 106 - Alderman Campbell referred to the attendance at the recent AMO Convention by Aldermen Cheesman, Pay, Puttick and himself, and requested that the Clerk provide copies of Bill 106s respecting fund-raising for the next Municipal elections to nominees. Council was advised that copies of Bill 106 would be forwarded to all members. Traffic on QXg- Alderman Campbell discussed the high volume of traffic on the Queen Elizabeth Way, and its detrimental affect on tourists wishing to visit Niagara Falls on week-ends. He referred to an article in the Niagara Falls Review regarding the proposed expansion of the QEW and suggested that Council take some action to speed up the process of the expansion of the highway. .... 14 - 14 - A discussion followed regarding the problem of dissipating the traffic when it reaches Niagara Falls, a Study completed some time ago with respect to intersections in the City of Niagara Falls, and unsuccessful action taken to divert the traffic, Railway C~osalnga inNingera Falls - Alderman Cummings referred to the "beautiful approach" to the railway crossing on Highway No. 20 near Garner Road, and suggested that action be taken by City Staff to have similar treatment at the other railway crossings in Niagara Falls. The Director of Municipal Works discussed cost-sharing, and agreed to investi- gate the matter. Industrial Park Lota/AJay Dorcy Canada Limited - The Chief Administrative Officer referred to covenants in the deed for lots in the Niagara Falls Industrial Park, owned by AJay Dorcy Canada Limited, requiring Counctl approval for a re-mortgage. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that approval for re-mortgaging be granted. Carried Unanimously. It was moved by Alderman Pay, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. THIRTY-SECOND MEETING REGULAR MEETING Council Chambers September 6, 1988 Council met on Monday, September 6th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. BY-LAW ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the following by-law be introduced and read a first time: No. 88-223 - A by-law to appoint Gordon A. Turner a member of Council of the City of Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the following by-law be read a second and third time: No. 88-223 - A by-law to appoint Gordon A. Turner a member of Council of the City of Niagara Falls. Carried Unanimously. READ AND ADOPTED, DECLARATION OF OFFICE & OA~I OF ALLEGIANCE The City Clerk administered the Declaration of Elected Office, and the Oath of Allegiance to Alderman Gordon A. Turner, newly appointed Alderman for Ward 2. His Worship Mayor Smeaton welcomed Alderman Turner to City Council and the Council Chambers. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the minutes of the regular meeting held August 29th, 1988, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS JUNXOR 'C' PROPOSAL - So. R-88-44 - Chief Administrative Officer - Re: Junior "C" Proposal. (COUNCIL 1988 08 29). The report recommends the following: 1) That Council authorize alterations for the Junior C changeroom including the player's bench and painting, at an estimated cost of $5,600.00, at no expense to the City. 1) That the cost for the new bleachers for the Niagara South Recreation Centre be referred to the Finance Committee for the 1989 Budget consideration, During the discussion, Mayor Smeaton noted that it was understood the Niagara South Recreation Association would donate $6,500.00 this year, towards the expenditure, and would donate the remaining amount when funds were available. ORDERED on the motion of Alderman Cummings, seconded by Alderman Uarrington, that the report be received and recommendation No. I be approved. It was further recommended that the entire expenditure necessary for the requested bleachers, at the Niagara South Arena Complex, be approved. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Coville, Cummings, llarrtngton, Hinsperger, Hopkins, Janvary, Orr and Turner. Alderman Pay. . . . . 2 2 PAUL AVENUE UATER- Report No, MW-88-136 - Chief Administrative Officer - Re: St. Paul Avenue Water.(COUNCIL 1988 07 25). The report provides up-to-date information regard- ing the subject matter, and recommends that this advisory report be received and filed. - AND - CossunicutionNo. 291(HANDOllT) - Mr. Wayne Pine - Re: Residents' Report of St. Paul Avenue Water. The communication states that it has been scientifically established, beyond reasonable doubt that the City watermain was the source of the contamination, rather than internal plumbing in the affected homes; discusses the number of homes affected and time frame of the contamination; and requests some form of compensation to the concerned residents, rather than a demand that the water bills be paid. Following a discussion regarding the problems caused by the contaminated water, it was moved by Alderman Cummings, seconded by Alderman Harrington, that the water bills for the residences involved be waived. During the discussion that followed, the City Solicitor advised that a claim had been made against the City with respect to this matter, and suggested that if Council decided to waive the water bills, that it be done "without any prejudice whatsoever. Mr. Pine reviewed the information contained in the communication, stated that he did not intend to sue the City, and was unaware of the pending claim against the City. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that the matter be tabled and no action taken until the matter had gone through the Court. The motion to table, which took precedence, Carried with the follow- ing vote: AYE: Aldermen Campbell, Chessman, Coville, Hinsperger, Hopkins, Pay and Turner. NAYE: Aldermen Cummings, Harrington, Janvary and Orr. REPORTS It was generally agreed that the following report be brought forward. M~-88-140 - Chief Administrative Officer - Re: Rainbow Gardens Subdivision - Amendments to Subdivision Agreement. The report recommends the following: 1) Exemption from Part Lot Control - ~ (a) That the by-law relating to the exemption from Part Lot Control, permitting the construction of semi-detached homes, be approved; (b) That the Subdivision Agreement be amended accordingly; 2) Acoustic Barrier - (a) That Council consider the information in this report together with the submission to be made by the Developer's Agent at the Council Meeting and then formulate a decision on the requested revisions to the acoustic barrier requirements; (b) That, if the requested acoustic barrier changes are approved, the Subdivision Agreement be amended accordingly. Mr. Thomas A. Jacob, Solicitor, representing Joseph Maziarz,'Solicitors, requested that the matter be tabled for one week in order to provide an oppor- tunity for the proponent to prepare a submission in response toReport No. MW-88-140 and the concerns of the residents from the adjacent Bambi Subdivision. Mr. Brian Oaklay addressed Council on behalf of the residents of the Bambi Subdivision, expressed concern regarding the "disregard of homelike quality" in the area indicated in the proposal for Rainbow Gardens, homes being constructed "closer to the q.E,W.", the lack of contact with the residents of Bambi Subdivision regarding the proposal, and non-completion of the berm in the area. 3 He expressed opposition to the redesign, which involves all outside activities taking place in the front yard of the proposed homes, and urged Council to declare "no design downgrades, and no building permits without a berm". ORDERED on the motion of Alderman Harrington, seconded by Alderman Orr, that the application for exemption be denied. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Uinsperger, that the matter be tabled for one week for further information, and that the concerned residents be advised. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Cheesman, Covllle, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen Campbell, Cummings, Marrington, Orr and Turner. His Worship Mayor Smeaton declared a 5 minute recess at 8:45 p.m. Following the recess, Council members reconvened for the balance of the meeting. COMMUNICATIONS No. 292 - Mr. A.F. Sheppard, Solicitor - Re: Niagara Falls Illumination Board re Inc. The communication asks Council to approve the corporate name, "NIAGARA Falls Illumination Board Inc.". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be received, and the request approved. Carried Unanimously. No. 293 - Belinda Greville, Terry Fox Organizer - Re: 8th Annual Terry Fox Run. The communication requests that Council approve of the 8th Annual Terry Fox Run scheduled for September lath, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be granted, subject to the approval of other authorities, and further, that Staff be authorized to coordinate the event. Carried Unanimously. No. 294 - Regional Niagara Public Works DepartBent - Re: Water/Sewage Flows by Municipality, Monthly Report for July 1988. The communication attaches report DEP-2833 regarding the subject matter. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 295 - ~Jacksons NPPs Education Spakesmans Ontario PC Party - Re: Bill 100. The communication refers to Bill 100, which establishes a new method for determining the amount of Municipalities' contributions to local school boards, and explains the Ontario PC Party's opposing vote to Bill 100 on the third reading. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 296(A) - Niagara Transit - Re: Transportation of Niagara South Board of Education Specialization Students. The communication provides information regarding the busing of students for the Niagara South Board of Education. No. 296(B) - Mayor Seenton - Re: Niagara South Board of Education. The communication attaches the above recorded letter from Niagara Transit. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. -4- No. 297 - Nr. Dave Hawkins, Director, Niagara Girls' Ninor Softball League - Re: "All Ontario" Champions. The communication advises that the "Mite" rap team from the "House" league, have Just won the All Ontario championships, and requests financial assistance for travel funds to the presentations. Mr. Terry Ramsay addressed Council on behalf of the N.G.M.S.L., and responded to questions raised. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that the matter be referred to the Finance Committee and the Recreation Commission. Carried Unanimously. No. 298 - John B. NcCullus, President, Tranaport 2000 Ontario - Re: Toronto/Ottawa Overnight Train Service. The communication advises of VIA Rail's intention to cancel the subject service, and asks that concerns regarding the loss of this service be forwarded to the National Transportation Agency and to VIA Rail. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that a letter be forwarded to VIA Rail, asking that consideration be given to other alternatives than withdrawal of the Toronto/Ottawa overnight train service, and that the service be continued if possible. Carried Unanimously. REPORTS PD-88-129 - Chief Administrative Officer - Re: Certificate of Approval Amendment, Grow Rich Waste Recycling Systems. The report recommends that Council inform the Ministry of the Environment that the City will not request a hearing on this matter, subject to the MOE's resolution of the odour problem. - AND - Communication No. 299 - Petition from Concerned Residents - Re: Grow Rich Recycling Products Ltd., 8800 Garner Road. The petition expresses strong oppos- ition of any expansion of the subject company, and states that the "whole area is permeated with air pollution" because of industrial and animal waste. Mr. John Belme and Mr. Lloyd Wilson, residents in the subject area, expressed their concerns with respect to water pollution and the unpleasant air emission from Grow Rich Waste Recycling Systems Inc. Alderman Coville stated that the Grow Rich operation is active on week-ends and/or after 5:00 p.m. when the Ministry of the Environment is unavailable for monitoring purposes, objected to the company's lack of cooperation with the neighbouts, and stated that the unpleasant odour from the Grow Rich plant has been noticed across the Niagara River. ~ The Deputy Director of Planning & Development discussed the report, and responded to questions raised. He advised that Staff recognized the merit of the operation of the subject plant, was aware of the odour problem, however, it was not considered to be an environmental hazard. He further advised that the Ministry of the Environment was being asked to address the odour problem. Mr. Quentin Chapman, General Manager, Grow Rich Waste Recycling Systems Inc. stated that the if the company did not accept paper mill wastes, these would go to landfill sites; that only farmyard materials were converted to manure, that the odour was from the materials, and not from the process; and that the company was making a large investment in equipment to minimize odours, but would not take the odour away. He offered to demonstrate how the liquid runoff was captured in the lagoon. 5 R-88-43 - Chief Administrative Officer - Re: Lighting Repairs at Oakes Park. The report recommends that the Council confirm the expenditure of $9,717.10 for the repair of lights at Palmar Park and Oaks, Park Track and Soccer Field. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-88-60 - Chief Adninistrative Officer - Re: Site Plan Approval - Proposed Addition to Reese's Restaurant; 3799 Wontrose Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed enlargement to an existing restaurant, and the site plan being drawing Number A-1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 30, 1988, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously__. B-88-61 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 63 Unit Apartment Building; Marcus Klein - 6351 Dunn Street; Committee of Adjustment Application A-70/88. The report recommends that the Council approve the site plan(s) on display at tontght's meeting, being a proposed SP1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 30, 1988, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. NW-88-138 - Chief Administrative Officer - Re: By-law to Authorize the Reconstruction of Scott Street, from Portage Road to Drummond Road; and Dianne Street, from Dorchester Road to Queensway Gardens. The report recommends the following: 1) That Council hear any person who claims that his/her land will be preJudicially affected by the by-law appearing on tonight's Agenda, to authorize the above work; and 2) the report be received and adopted. That, subject to there being no valid objections that the by-law respecting the reconstruction of Scott Street, from Portage Road to Drummond Road; and Dianne Street from Dorchester Road to Queensway Gardens, be given three readings and be passed by Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that Carried Unanimously. See By-law No. 88-224. MW-88-142 - Municipal Works Comeittee - Re: Committee Report: Closing of Pedestrian Tunnel Under Railway - From Jepson Street to Ontario Avenue. The report recommends that the Pedestrian Tunnel, under the Railway from Jepson Street to Ontario Avenue, be closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay and Turner. NAYE: Alderman Campbell. In response to questions raised by Alderman Pay, His Worship Mayor Smeaton ,advised that information regarding the status of taxes for the company would be made available to him. Following the discussion it was moved by Alderman Hopkins, seconded by Alderman Coville, that the matter be tabled for further information from Staff, and a written submission or representation from the Ministry of the Environment regarding the operation of the Grow Rich company within the Certificate of Approval. Carried Unanimously. MW-88-143 - Municipal Works Committee - Re: Regional Waste Management Master Plan. The report recommends that the Region be advised that: 1) The City of Niagara Falls does not endorse the Regional Waste Management Master Plan, as proposed in the draft circulated by letter dated 1988 06 03 from the Regional Clerk; 2) The City of Niagara Palls recommends the Master Plan be amended as follows: -6- 2) (a) The Master Plan should recognize and support the establishment of new landfills by area Municipalities specifically designated to service a sole Municipality if circumstances dictate; (b) The utilization of existing landfills to their fullest potential, including expansions (both vertical and horizontal), be clearly defined as being supported by the Master Plan; (c) The Plan should clearly recognize and support the formation of Boards of Management of two or more Municipalities as an interim step towards achievin~ the ultimate goal of reducing the total number of landfill sites; (d) The Plan should clearly recognize and support formation of "Clubs" with members other than those Clubs and Members stipulated in the Plan as circumstances dictate; (a) The creation of "Clubs" by Municipalities for different types of wastes as deemed appropriate be recognized and supported in the Master Plan as an interim step; (f) The amendments suggested in (a), (b), (c), (d) and (e) be recognized as being in compliance with the intent and purpose of the Muster Plan and that accordingly, the Master Plan supports funding by the Ministry of the Environment for implementation of these interim arrangements; (g) The Region's role in Waste Disposal be defined as follows: (i) To prepare an update of the Plan with the full participation of the area Municipalities and/or Boards of Management every ten years with such Master Plan Updates to be endorsed and supported by all Municipalities and/or Boards of Management; (ii) To review and comment on Proposals by area Municipalities and/or Boards of Management only if requested by area Municipalities; (iii) To undertake Waste Management Studies or assume actual waste management responsibilities upon request and at the expense of the applicant area Municipality and/or Board of Management; (h) The Master Plan be amended to indicate the acceptance of waste and sewage sludge from other Niagara Municipalities or Boards of Management be on an emergency basis and as mutually agreed; (i) The Master Plan be amended to indicate the acceptance of sewage sludge at Municipal Laudfills be subject to Ministry ofthe Environment approval and guidelines; (J) The Regional Clerk be requested to compile the comments of the area Municipalities regarding the Plan and forward them to the City Clerk at the earliest possible opportunity; (k) Any amended Plan resulting from the comments from the area Municipalities be forwarded to the area Municipalities for their endorsement prior to presentation to Reglonal Council for its approval. Prior to submitting further comments on the next draft of the Master Plan, clarification from the Ministry of the Environment be obtained as to their interpretation and implementation of the Master Plan as it relates to sub- sidies for preparing and implementing Master Plans which are .interim arrangements (i.e., other than the long range goal of the Master Plan of three Central Landfills, each serving clubs of four Municipalities). 3) 'The Honourable David Paterson, Premier of Ontario, and the Honourable James Bradley, Minister of the Environment be advised (including a synopsis of the Municipal Works Committee meeting) of the City of Niagara Falls' position with respect to the draft Regional Waste Management Master Plan. ORDERED on the motion of Alderman Coville, seconded by Alderman Pays that the report be received and adopted. Carried Unanimously. l -7- F-88-46 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,111,155.58 for the period ending September 6, 1988, be approved by the passing of the by-law appearing later on the sgenda. Alderman Campbell declared a conflict of interest on Cheque No. 23779 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque No. 34765 because he is employed with the company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the report be received and adopted. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on Cheque Nos. 34779 and 34765 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 88-225. (~)-88-45 - Chief Administrative Officer - Re: Council Meeting - Election Day. The report recommends that no Council Meeting he held on Monday, November 14, 1988, which is Election Day, and that the Planning/Regular Council Meeting, normally held during the week, be scheduled for Monday, November 21, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously__. M-88-17 - Mayor Smeaton- Re: Ontario Home Ownership Savings Plan. The report provides information regarding the Ontario Home Ownership Savings Plan. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. M-88-18 (HANI]OUT) - Mayor Smeaton - Re: Ad Hoc Business Park Committee. The report recommends that Alderman Marrington and Alderman Chessman be appointed as the Aldermenlo representatives to the Ad Hoc Business Park Committee. During the discussion, Alderman Chessman stated that he had not served as a Board Member on the Economic Development Agency, as stated in the report. ORDERED on the motion of Alderman Cununings, seconded by Alderman Orr, that the report b~ received and adopted. Carried Unanimously__. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 88-221 - Withdrawn. No. 88-222 - Withdrawn. No, 88-224 - A by-law respecting the reconstruction of Scott Street from Drummond Road to Portage Road and the reconstruction of Dianne Street from Dorchester Road to Queensway Gardens. No. 88-225 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 88-225s on conflicts of interest previously recorded under Report No. F-88-46; and with all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the following by-laws be now read a second and third time: No, 88-221 - Withdrawn. -8- No, 88-222 - Withdrawn. No, 88-224 - A by-law respecting the reconstruction of Scott Street from Drummond Road to Portage Road and the reconstruction of Dianne Street from Dorchester Road to Queensway Gardens, No, 88-225 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on By-a~'i~No. 88-225, on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ~ OF CONCERN: Council Attendance - Alderman Campbell expressed his concerns regarding the recent newspaper article concerning the attendance of Aldermen at Council meetings, and asked that the matter be referred to Staff to initiate a procedure which would provide a form of recognition for Aldermen absent on City business, with the onus on the Aldermen to provide the information to Staff. The matter was referred to Staff for a report. ThompsonReport/Social Assistance - Alderman Harrington referred to the Thompson Report which will be in the Niagara Falls Review tomorrow, regarding the low level of social assistance in Ontario compared with housing costs, and requested further information on this matter. aenicipal Elections - The Clerk referred to the following handout information provided to Council Members this evening: Preliminary List of Electors for the Corporation of the City of Niagara Falls; Voters' List Street Index; Form 13, Nomination Paper; copy of Report No. CD-88-36, 1988 Municipal Election; Bill 106, An Act to amend the Municipal Elections Act and the Municipal Act; and A Candidates Guide to Municipal Elections, 1988. Niagara Falls Nesorial Arena/Renovstiens - The Director of Parks & Recreation referred to the urgent need for the installation of steps to the press box at an estimated cost of 83,000.00; and the requirement of the Leagues that a form of safety cages around the Junior "A" Goal Judges, at an estimated cost of $3,000.00, for the Niagara Falls Memorial Arena. He stated that Staff would provide the labour for the installations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the necessary installations be approved, provided that the required funding be taken from the reserve funds. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay and Tuner. NAYE: Alderman Orr. ITEH OF IFf~BT: Visitin~ Firesen from FEerice - Alderman Cheesman advised that a delegation of firemen and their wives, from France, were scheduled to visit the City on September 19ths 1988, and would be attending the opening game of the new Junior 'A' Team, "ThunderS,. ***** It was moved by Alderman 0rr, seconded by Alderman Pay, that the meeting adjourn, Carried Unanimously, READ AND/, ~P~ED, THIRTY-THIRD MEETING PLANNING/REGULAR MEETING Council Chambers September 12, 1988 Council met on Monday, September 12th, 1988, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the minutes of the regular meeting held September 6th, 1988, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS RAINBOW GARDENS SUBDIVISION - AMENDMENTS TO SUBDIVISION AGREEMENT - Communication No, 300 (HARDOHT) - Joseph Naziarz, Solicitor - Re: Rainbow Gardens. The communication asks that the matter be adjourned for one week. Brian Oaklay was in attendance on behalf of the concerned residents of the Bambi Subdivision, and expressed agreement with the request for adjournment. It was generally agreed that the matter be tabled for one week as requested. cR~TIFICATE OF APPROVAL ANENDI~KWr - GROW RICH WASTE RECYCLING SYSTEMS - PD-88-129 - Chief Administrative Officer - Re: Certificate of Approval Amendment, Grow Rich Waste Recycling Systems. (TABLED/COUNCIL 1988 09 06). The report recommends that Council inform the Ministry of the Environment that the City will not request a hearing on this matter, subject to the MOE's resolution of the odour problem. Mr. Quentin Chapman, General Manager, Grow Rich Waste Recycling Systems, was granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Coville. He expressed concerns with respect to the "lack of balance" regarding Grow Rich in the news reports following the meeting of Council on September 6th, 1988; explained the shared stock ownership among employees of the Company; discussed the standards of operations under their current licenee, and stated that most of the waste was generated by a local paper company, and the farm waste from local farms. Mr. Chapman asked Council to approve the recommendations outlined in Report No. PD-88-129 in order that the Company might invest in equipment at the site and institute changes to reduce the odour and satisfy the concerns of neighbouts. Mr. Bob Slatterys Area Supervisor of the Welland District Office, Ministry ofthe Environment, reviewed the conditions imposed by the Ministry when issuing a waste disposal certificate. He stated that failure to adhere to the rules would ha a contravention of the Ministry of the Environment's conditions, and expressed the opinion that the company would not "purposely contravene the conditions". Mr. Slattery explained the procedure for action taken subsequent to complaints being received. A discussion followed regarding the economic viabtltty of the company to which a Certificate of Approval is issueds and the responsibility of Council in recommending to the Ministry that a bond be issued. Mr. John Belme discussed his concerns regarding the residue from the paper products being in the creek on his property during the spring run-off, as well as the odour problem. 2 Mr. Slattery suggested the possibility that a break in the containment system might cause the residue found in Mr. Belme's creek, and provided information regarding a phone service when such problems occur. He stated that a specific request for compliance with conditions would be included in the Certificate of Approval in order to minimize the odour and discomfort. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that the matter be referred to Staff to investigate the question of bonding to protect the City, and a report to be submitted as soon as possible, Carried Unanimously. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Pay, that the report be tabled for further information from Staff. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hopkins, Janvary, Orr, Pay, Puttick and Turner. NAYE: Aldermen Chessman and Coville. REPORTS - PLANNING MATTERS ~P1)-88-134 - Chief Adsdnietrativa Officer - Re: Zoning Amendment Application AM-29/88, 414878 Ontario Limited (Dante Marineill); 5441 Spring Street. The report recommends the following: 1) That Council support the application to amend the zoning of the subject lands, facilitating an hotel addition to the Continental Pancake House, as detailed in PD-88-127; 2) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 3) That the lands be placed under Site Plan Control. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the procedure to be followed under the Planning Act, 1983. The Clerk advised that the property was located on the north side of Spring Street, between Stanley Avenue and Buchanan Avenue, known Municipally as 5810 Stanley Avenue, being the Continental Pancake House; and that the applicant had asked that the zoning by-law be amended to permit the construction of an hotel connecting with the north side and rear of the existing Continental Pancake House Restaurant. He further advised the Notices of the Public Meeting had been forwarded on August 12, 1988. His Worship Mayor Smeaton indicated the presence of Mr. Dante MarineIll, Solicitor for the applicant, and received a positive resppnse to his request for a show of hands indicating the presence of persons lu favour of, or opposed to the application, He advised that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Director of Planning discussed the subject lands with the assistance of posted sketches and reviewed the following information contained in Technical Report No. PD-88-127: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. Me replied to questions raised regarding parking. Alderman Puttick asked that it he recorded that there would be parking problems in connection with the subject lands. Mr. J. Chirico addressed Council on behalf of his mother, Mrs. Gracia ChiricoJ 5792 Stanley Avenue South, and reviewed concerns with respect to vehicular noise and gasoline fumes, former changes on the subject lands as well as the proposed application, weed overgrowth on the property, inequality of decisions regarding setbacks, and the possibility of future proposals on behalf of the applicant. Mr. MarineIll reviewed the historical background with respect to actions taken in connection with the subject lands, and the intent of the current application, agreed to speak with his clients regarding the grass cutting problem, and advised that the proposal would benefit the area. Since no further comments were forthcoming~ His Worship Mayor Smeaton declared the Public Meeting clo~ed. -3- ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. Carried UnanimouslyL PI)-88-135 - Chief Administrative Officer - Re: Zoning Amendment Application AM-30/88 Albert Zapitelli; 4655 Ferguson Street. The report recommends the following: 1) That Council support the application to amend the zoning of the subject lands to recognize and legalize an existing fourplex dwelling, as detailed in PD-88-128; 2) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure under the Planning Act, 1983, as in the previous application, would be followed. The Clerk advised that the property was located at 4655 Ferguson Street; that the applicant was asking that Zoning By-law No. 79-200 be amended to recognize and legalize an existing fourplex dwelling; and that the Notices of the Public Meeting were forwarded on August 12th, 1988. His Worship Mayor Smeaton indicated the presence of Mr. Brian Sinclair, Solicitor on behalf of the applicant; and received a positive response to his request for a show of hands to indicate the presence of persons in attendance in favour of, or opposed to the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Director of Planning & Development discussed the subject lands, and reviewed the following information contained in Technical Report No. PD-88-128: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. As requested by Mr. Bruce Robins, 4131 Martin Avenue, Mayor Smeaton provided information regarding the lands covered by the application for rezoning. His Worship Mayor Smeaton received a negative response to his request for comments from persons in attendance who wished to speak. Mr. Sinclair provided an historical background with respect to the subject property, stated that he was unaware of any intended additions to the building, and that there had been a complete fire inspection prior to the purchase of the property. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the report be received and adopted. Carried UnanimouslyI PD-88-136 - Chief Administrative Officer - Re: Zoning Amendment Application AM-31/88 Biamonte Brothers Ltd,; 7906 Lundy's Lane, The report recommends the following: 1) That Council support the application to amend the zoning of the subject lauds, as detailed in PD-88-121; 2) That any further development on the subject lands be limited to within 3 mettea (7,8 it,) of the rear of the property line; 3) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; -4- 4) That the lands be placed under Site Plan Control in order to address such matters as landscaping, buffering, fencing, lighting, surface treatment, etc.; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. Communication No. 301 - leiagara Falls Fire Department - Re: Cataract Bowl. The communication advises that a water hydrant protection will have to be supplied before development of the rear area. His Worship Mayor Smeaton declared the Public Meeting open, and stated that the procedure being followed would be similar to that of the previous application. The Clerk stated that the applicant was requesting that Zoning By-law No. 79-200 be amended to permit the subject lands to be used in connection with the existing Cataract Bowl, and that the property was located on the south side of · Lundy's Lane and to the rear of 7906 Lundy's Lane, being the Cataract Bowl. He further stated that the Notices of the Public Meeting were forwarded on August 12th, 1988. His Worship Mayor Smeeton noted the presence of Mr. Dante Marineill, Solicitor~ and Mr. Joe Cuviello, at the meeting. He received a positive response to his request for a show of bends to indicate the presence of persons present who were in fayour of, or opposed to the application. Mayor Smeaton asked that persons wishing to receive further notification of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. Alderman Coyills declared a conflict of interest because a member of her family has a business interest. The Deputy Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-88-121: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. Me responded to questions raised regarding a possible conflict in the development of lands to the south. Mr. Marineill advised that the applicant was in agreement with the recommendations contained in the report, replied to questions raised with respect to the development of the adjoining lands to the south~ and stated that the application was submitted in response to the suggestion of the Planning Department. ~ Since no further comments were forthcoming~ His Worship Mayor Smeatou declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed and the report be received and adopted. The motion Carried with Alderman Coyills abstaining from the vote on a confllct of interest previously recorded; and with all others voting in favour. ~D-88-132 - Chief Administrative Officer - Re: Zoning Amendment Application AM-33/88 G., E.~ B. & L. Stong; 4405 Simcoe Street. The report recommends the following: 1) That Council not support the application to amend the Zoning By-law to permit the conversion of an existing accessory structure for residential use~ as detailed in PD-88-122; 2). That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Comuuicatiou leo. 302(A) - Petition from lesidonts of the Area - Re: AM-33/88, 4405 Simcoe Street. The petition objects to the accessory structure being converted into apartmeats~ because of increased traffic velocity and noise, as well aa parkin~ and drainage problems~ devaluation of property and loss of privacy respecting neaFby residents. -{ - AND - COmmunication leo. 302(B) - Audrey E. Lapp - Re: AN-33/88. The communication opposes the proposed amendment because of the anticipated problems previously recorded iu the above petition, as well as the current activities and quality of tenants in the apartment. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure under the Planning Act, 1983, as the previous applications, would be followed. The Clerk stated that the applicant had asked that Zoning By-law No. 79-200 be amended to permit an existing accessory structure to be converted for two- family residential use; that the property was located on the north side of Simcoe Street, known Municipally as 4405 Simcoe Street; and that the Notices of the Public Meeting had been forwarded on August 12th, 1988. The Deputy Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information included in Technical Report No. PD-88-122: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. His Worship Mayor Smeaton noted the presence of Mr. Brian Sinclair, Solicitor, on behalf of the applicant, and received a positive response to his request for a show of hands to indicate the presence of persons in favour of, or opposed to the application. He asked that all persons wishing further notifica- tion of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. Mrs. Vtvian Lapp, and Audrey Lapp, 4921 Ontario Avenue; Jocelyne Weaver and D. Scott Weaver, 4901 Ontario Avenue; Ray Hulley, 4429 Simcoe Street; and Joanna Masint, 4906 Ontario Street were in attendance. They expressed opposition to the application, because of increased noise level, traffic, additional tenants, danger to children at the intersection of Simcoe Street and Palmar Avenue, lack of rear yard space, and lack of privacy for adjacent homes. Council was advised that the police and fire trucks had visited the current tenants, and that there was early morning noise, and dogs creating disturbances. Mr. Sinclair provided information regarding the transfer of ownership from the Stongs to Michael Young, and the agreement that the former owners would initiate the application. He referred to the fairly large size of the lot, the block garage at the rear which had formerly been used for an upholstery business and discussed the new owner's intended improvements, under site plan control, which would be beneficial to the area. Mr. Sinclair expressed the opinion that the alterations would not have a serious impact on the neighbours, and that the applicant was prepared to work with the neighbouts in the site planning process. He asked that the matter be tabled to allow the applicant an opportunity to reconcile the concerns of the neighbouts. During the discussion that followed, Alderman Orr expressed concern regarding the increased traffic flow and parking on Palmar Avenue, as well as the danger to children from vehicular traffic. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the communications be received and filed, the report be received and adopted, and the application denied. Carried Unanimously. PD-88-139 - Chief Administrative Officer - Re: Zoning Amendment Application AM-34/88 - AND - Official Plan Amendment No. 175, Pay Day Realty Corporation; 7797 Lundy's Lane. The report recommends that Council not support the proposed amendments to the Official Plan and Zoning By-law to permit the lands to be utilized for residential purposes~ as detailed in PD-88-131. - AND - Communication leo. 303(A) - Mr. Andrew Douglas Readersou, Solicitor - Re: Pay Day Realty Corporation~ 7797 Lundy's Lane; Zoning Amendment AM-34/88 and OPA No. 175. The communication encloses copies of a brochure~ outlining the concept of the type of retirement home for senior citizens which the applicant proposes for the subject property. . . . . 6. -6- - AND - Co~sunication No. 303(E) - Regional Niagara Plannin~ & l)evelopment Department - Re: preliminary Application AM-34/88, Proposed Retirement Home, Lundy's Lane. The communication attaches a copy of comments from the Regional Public Works Department advising that the Public Works Staff have no objection to the proposal, providing that favourable consideration is given with respect to the road allowance, Municipal services and the necessary entrance and utility permits prior to construction taking place in the Regional road allowance. His Worship Mayor Smeaton declared the Public Meeting open and advised that a similar procedure to the previous applications would be followed. The Clerk stated that the applicant was requesting an amendment to the City's Official Plan and Zoning By-law to permit the construction of a one storey 52 room retirement home on the subject lands; that the property was located on the north side of Lundy's Lane, and known Municipally as 7797 Lundy's Lane, being the Park Lane Motel. He further stated that the Notices of the Public Meeting were forwarded on August 12th, 1988, and notification regarding the Official Plan Amendment was published in the local newspaper on August 13th, 1988. His Worship Mayor Smeaton noted that Mr. A.D. Hendersons Solicitor for the applicant, was in attendance; and received a positive response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application. He asked that all persons wishing to receive further notification of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. Mr. 3oe Morinello, Lido Restaurants 7666 Lundy's Lane, and Mr. Carmen Morinello, expressed opposition to the application because a retirement home was already in existence in the area, and because of the current Tourist/Commercial zoning. Mr. Henderson provided background information regarding the proposed amendments discussed the application for the Greycliff retirement home, which. had been approved previously, referred to the need for this type of home in Niagara fells, and expressed the opinion that the proposed retirement home would not have a conflict with the surrounding commercial establishments. He stated that the neighhours had been canvassed, and that most of them had no opposition to the application. Mr. Richard Kowalski, Architectural Planner, Nightingale, Quigley, and Makrimichalos, reviewed the involvement of the firm with numerous successful retirement homes constructed throughout 0ntarios discussed the beneficial affect of single storey homes for the elderly as well as to the community. He reviewed the amenities contained in the homess exterior landscaping, and discussed an enlargement of the facility posted on the board. Mr. Kdwalski stressed the need for this type of facility, and the possible use of the adjacent businesses by the tenants from the home. Ms. Lily Sommerville, R.N.~ Pay Day Realty Corporation, discussed her involvement in the marketing service for retirement homes and expressed the opinion that this facility was needed in Niagara Falls for affordable housing, that the facility would "fill up", that quality care would be provided, and the tenants would be interested in the activities of the surrounding neighbourhood. Since no further comments were forthcoming, His Worship Mayor Smeaton - declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orrs that the application be approved. The motion was Defeated with the followin~ vote: AYE: Aldermen Cummings, Janvarys Orr and Puttick. NAYE: Aldermen Campbells Chessmane Coville, Marringtons Mopk!nss Pay and Turner. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Covilles that the communications be received and filed, the report be received and adoptads and the application denied. The motion Carried with the following vote| Aldermen Campbells Chessmane Coyills, Marringtons Hopkins, Pay and Turner, NAYEt Aldermen Cummingss Janvary, Orr and Puttick. 'i -7- PD-88-137 - Chief Administrative Officer - Re: Zoning Amendment Application AM-35/88 Angelo a Livia Bonato; St. Paul Avenue north of Riall Street. The report recommends the following: 1) That Council support the application to amend the zoning of the subject lands permitting the construction of a 3 storey, 32 unit apartment building (under condominium tenure), as detailed in PD-88-130; 2) That the applicant be required to enter into a servicing agreement with the City, to the satisfaction of the Engineering Department; 3) That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; 4) That the lands be placed under Site Plan Control in order to address such matters as landscaping, entrances, fencing, lighting, parking, etc.; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and stated that the procedure under the Planning Act, 1983, as in the previous applications, would be followed. The Clerk advised that the property was located on the west side of St. Paul Avenue, known Municipally as 2799 and 2793 St. Paul Avenue; and that the applicant had requested that the City's Zoning By-law be amended to permit the construction of a 3 storey, 32 unit apartment building. He further advised that the Notices of the Public Meeting had been forwarded on August 12th, 1988. His Worship Mayor Smeaton noted the presence of Mr. Ray Matthews, of the survey firm of Matthews & Cameron, who was representing the applicant; and received a positive response to his request for a show of hands indicating the presence of persons in fayour of, or opposed to the application. He asked that all persons wishing to receive further notification of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-88-130: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He responded to questions raised regard- ing the proposed location of the apartment on the subject property, and advised that the developer would be responsible for the sewer connection 100 ft. north of the subject property, on St. Paul Avenue. Mrs. Dorothy Zafeeris, 6356 Emma Street; Mr. Angelo Muraco, 6364 Emma Street; and others expressed opposition to the application, in terms of the aesthetic value, and possible future rezoning. In response to questions raised, Mr. Matthews stated that the proposed building would be constructed 400' from Mrs. Zafeeris' property line, and outlined the plan for the subdivision. He discussed the time frame for the processing of the subdivision, and expressed the hope that this could be finmilled in conjunction with the apartment. Mr. Matthews further stated that the building was being located on the lot in such a manner that healthy trees might be preserved. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted, and furthers that the concerned residents be invited to participate in the site plan meetings. Carried Unanimously. PD-88-140 - Chief Administrative Officer - Re: Zoning Amendment Application AM-15/88 Niagara Falls Firefighters Club; 6025 Dixon Street and 6493 Orchard Avenue. The report recommends the following: -8- 1) 2) 3) That City Council, prior to the passing of the amending by-law for the. Niagara Falls Firefighters Club, determine by resolution, in accordance with Section 34(16) of the Planning Act, 1983, that the change to the proposal will not require the giving of any further Public Notice; That Council enact the amending by-law respecting the application in accordance with Section 34 of the Planning Act, 1983; That Council invite those persons expressing concerns to meet with Staff in order that further explanation be provided. - AND - B-88-52 - ~hief Administrative Officer - Re: Site Plan Approval - Proposed Niagara Falls Firefighters Club; 6025 Dixon Street and 6493 Orchard Avenue. The report recommends that Council approve the site plan(s) on display at tontght's meeting, being an enlarged parklug lot and small addition to the Niagara Falls Firefighters Club, and the site plan being drawing Number 8808-2, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 30, 1988, and that such approval be subject to the conditions contained in the 'report. Alderman Campbell declared a conflict of interest because he is a member of the Association. In response to Mayor Smeaton's request for comments from persons wishing to address Council regarding this matter, Mrs. Mary Diamond, 6530 Orchard Avenue, requested information regarding the proposed addition to the second storey, and was advised that at the present time the Club could operate the upper storey as a lounge. Mr. Garnet Diamond referred to the Public Meeting held in April 1988, and his reference, at that time, to the conditions outlined in the Committee of Adjustment Decision. The Solicitor expressed the opinion that since the conditions had never been reduced to a form of agreement to be enforced, there was little "enforcability", and further, that the conditions "ought to be reduced as in the case of an agreement". Mr. Diamond discussed recent disturbances at the Club and action taken to reduce the noise and disquieting activities. Following further discussion, it was unved by Alderman Chessman, seconded by Alderman Harrington, that report No. PD-88-140 be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that Report No. B-88-52 be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. See By-law No. 88-208, and By-law No. 88-209. ***** It was moved by Alderman Hopkins, seconded by Alderman Herrington, that approval be granted to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Chessman, Herrington, Hopkins, Janvary, Orr, Pay~ Puttick and Turner. NAYE: Aldermen Campbell, Coyills and Cummings. ***** Further discussion ensued regarding noise and late night activity disturbances at the Niagara Falls Firefighters Club. Mr. Robert Judge indicated that he was an official representative of the Firefighters Executive. ORDERED on the motion of Alderman Pay~ seconded by Alderman Janvary, that Staff be directed to draft a resolution of concern to the Executive of the Firefighters Club, to be submitted to Council for approval. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded~ and with the following vote: 9 AYE: Aldermen Coville, Cummings, Harrfngton, Hopkins, Janvary, Orr, Pay and Tuner. NAYE: Aldermen Chessman and Puttick. PD-88-124 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control - Lots 58, 59 and 73, Pamela Drive; West Meadow Subdivi- sion (Registered Plan M-129). The report recommends that the request from J.C. Anthony, on behalf of R. Foschini, to exempt from Part Lot Control, Lots 58, 59 and 73, Registered Plan M-129, be approved and that Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously_. PD-88-138 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval - Mingle Subdivision; 26T-79006 (Revised). The report recommends the following: l) That a Council resolution supporting a six month extension to the Mingle draft plan of subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining the subdivision sign which concurs with Municipal and Regional requirements; 2) That a copy of this report be forwarded to the Regional Municipality of Niagara and to Matthews & Cameron Limited. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. CD-88-46 - Chief Administrative Officer - Re: Proposed Plan of Subdivision Westlane Court, File No. 26T-88018; Owners: Binmonte Bros. Co. Ltd. The report recommends that the City Clerk be authorized to process the application for the Westlane Court Subdivision, and that a report be prepared for Counctl's further consideration of this plan based upon technical information received, public input, etc. His Worship Mayor Smeaton introduced the application and suggested that in order to comply with Staff procedure, the applicant give the presentation res- pecting the application, and secondly, that any residents in attendance may address Council if they have any questions or concerns. Mr. Ray Matthews, of the survey firm of Matthews & Cameron, represented the applicant, Joe Cuviello, at the meeting, explained the proposal for 5 single family homes on Ethel Street, discussed the lot sizes, and quality of the proposed mixed housing in the subdivision. Mr. Cuviello stated that the purchaser would have the opportunity to choose the type of dwelling to be built. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. ~)-88-47 - C'aief Administrative Officer - Re: Proposed Plan of Subdivision Montrose Manors, File No. 26T-88016; Owners: Geo. Schneider Holdings Limited. The report recommends that the City Clerk be authorized to process the applica- tion for the Montrose Manors Subdivision and that a report be prepared for Council's further consideration of this plan based upon technical information received, public input, etc. His Worship Mayor Smeaton introduced the application and suggested that in order to comply with Staff procedure, the applicant give the presentation res- pecting the application, and secondly, that any residents in attendance my address Council if they have any questions or concerns. Mr, Ray Matthews, Surveyor, and Mr. George Schneider indicated that they did not wish to speak. His Worship Mayor Smeaton received a negative response to his request for comments from persons in attendance who may wish to comment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted, Carried Unanimousl~. - 10 - COMMUNICATIONS No. 304 - Nr. Joseph HeCools President, Niagara South Condomini~m Corporation No. 16 - Re: Ltghts/Swayze Drive. The communication asks that street lights be installed on Swayze Drive between Portage Road and the entrance to the Condominium. Alderman Pay declared a conflict of interest because he is a resident of the Condominium. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be referred to Staff. The motion Carried with Alderman Pay abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. No. 305 - Regional Niagara Public Norks Department - Re: Policy for Ownership, Operation & Maintenance of Retention Facilities for Overflows from Sanitary Sewer Systems and Released Back to the Sewer. The communication attaches Report DEA-337, Item 15, regarding the subject matter and requests comments by September 26th, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be referred to Staff. Carried Unanimously. No. 306 - Regional Niagara Office of the Clerk - Re: Second Quarter 1988 Building Permit Activities. The communication attaches Report DF88-127. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 307 - Department of the City Clerk, Toronto - Re: Canada/U.S. Free Trade Agreement. The communication asks Council to endorse the opposition to the Free Trade Agreement, as presently drafted, and requesting a National opinion through an election. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Chessmans Cummings, Janvary, Orr, Pay, and Tuner. NAYE: Aldermen Campbell, Coyills, Harrington, Hopkins and Puttick. No. 308 - Ministry of Housing - Re: Draft Policy Statement on Housing Under the Planning Act, 1983. The communication encloses a copy of the Statement and requests comments prior to February 28, 1989. erma ORDERED on the motion of Alderman Chessman, seconded by Ald n Cummings, that the communication be referred to Staff. It was further recommended that a copy of the communication be forwarded to the Social Planning Council. Carried Unanimously. No. 309 - Nayor R.L. Bird, Burlington- Re: 2nd Annual City Council Outhouse Race - October 29th, 1988. The communication challenges Council to participate in the race. ORDERED on the motion of Alderman Pay, seconded by Alderman Orrs that the communication be received and filed. Carried Unanimously. REPORTS NM-88-137 - Chief Administrative Officer - Re: Contract G.C. 30-88 - Underground Services for Mount Carme1 Subdivision. The report recommends that the unit prices submitted by the low tendeter, Wm. Duffin Contracting Ltd., be accepted and this contract be awarded, subject to the registration of the Mount Carme1 Plan of Subdivision. ORDERED on the motion of Alderman Pay, seconded by Alderman Harringtons that the report be received and adopted. Carried Unanimously. See Resolution No. 83. See By-law No. 88-227. ] i - 11 - B-88-62 - Finance Caamittee - Re: Proposed purchase of Natural Gas from Gas Purchase Direct. The report recommends that the City Solicitor and the City Clerk be authorized to prepare for Council's approval~ an Agency Agreement with Gas Purchase Direct Ltd. for the purchase of natural gas. ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrtngton, that the report be tabled for further information. Carried Unanimously. F-88-47 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,920,437.15 for the period ending September 12th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 34944 because his wife is employed by the Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Cheesman abstaining from the vote on Cheque No. 34944, on a conflict of interest previously recorded; and with all others voting in favour. See By-law No. 88-228. C-88-29 (HANDOUT) - Chief Adeinistrative Officer - Re: Consulting Services for Proposed Industrial Park. The report recommends that the Jointure submission of Acres/Inducon be awarded the contract to prepare the engineering/design report for the proposed Business Park, at an upset limit of $85,000.00, based on their proposal. Alderman Cummings declared a conflict of interest because the firm with which he is employed is involved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Herrington, Hopkins, Janvary, Pay, and Turner. NAYE: Aldermen Orr and Puttick. RESOLUTION No. 83 - PAY - IENGTON - RESOLVED that the unit prices submitted by Wm. Duffin Contracting Ltd., for Contract G.C. 30-88 - Underground Services for Mount Carmel Subdivision, at the low tendered amount of $1,696,143.13, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7. No. 84 - CI~INGS - MESHAN - RESOLVED that the Council of the City of Niagara Falls hereby supports a further six month extension to the Mingle draft plan of subdivision (revised) File No. 26T-79006; conditional upon the applicant maintaining the subdivision sign which concurs with Municipal and Regional requirements; and that the Regional Municipality of Niagara be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 85 - CUIMINGS - CHEMMAN - RESOLVED that this Council does determine, in accordance with Section 34(16) of the Planning Act, 1983, that the changes to the proposed By-law Amendment (AM-15/88~ Niagara Falls Firefighters Club, 6025 Dixon Street, 6493 Orchard Avenue) for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice; AND the Seal'of the Corporation be hereto affixed. Carried Unanimously. - 12- BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that .leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-208 - A by-law to amend By-law No. 79-200, as amended. (AM-15/88 Niagara Falls Firefighters Club, 6025 Dixon Street and 6493 Orchard Avenue; PD-88-58 approved by Council April 11, 1988). Ho. 88-209 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 88-226 - Ho, 88-227 - A by-law to authorize the execution of a release of certain restrictions respecting Lot 11, Registered Plan 160 for the former Township of Stamford, now in the City of Niagara Falls. A by-law to authorize the execution of an agreement with W. Duffin Contracting Ltd. for sewermain, watermains and base road construction in the proposed Mount Carmel Subdivision. 88-228 - A by-law to provide monies for general purposes. The motion Carried with Alderman Campbell abstaining from the vote on By-law Nos. 88-208an"~'~'~-209~ on a conflict of interest previously recorded under- Report No. PI}-88-140; with Alderman Chessman abstaining from the vote on By-law No. 88-228, on a conflict of interest previously recorded under Report No. F-88-47; and with all others voting in fayour. OBDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-laws be read a second and third time: No. 88-208 - A by-law to amend By-law No. 79-200, as amended. No. 88-209 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 88-226 - A by-law to authorize the execution of a release of certain restrictions respecting Lot 11~ Registered Plpn 260 for the former Township of Stamford, now in the City of Niagara Falls. No. 88-227 - A by-law to authorize the execution of an agreement with W. Duffin Contracting Ltd. for sewermain, watermains and base road construction in the proposed Mount Carmel Subdivision. No, 88-228 - A by-law to provide monies for general purposes. The motion Carried with Alderman Campbell abstaining from the vote on By-law No,. 88-208 and 88-209, on a conflict of interest previously recorded; with Alderman Chessman abstaining from the vote on By-law No. 88-228, on a conflict of interest previously recgrded; and with all others voting in fayour. NEW BUSINESS IT~S OF Stsuley Aveaue/Valley~ay - Alderman Cummings discussed the dangerous situation at the entrance to, and exit from the Plaza at the corner of Stanley Avenue and Valleyway, and referred to two recent accidents iu the area, The Chief Administrative Officer advised that Mr, Con Eidt, Director of Engineering for the Regional Municipality of Niagara, had been contacted on September 7th, 1988, regarding this matter, His Worship Mayor Smeaton suggested that the Region be called daily until the matter was resolyed, ' ' 13 - 13- PCB Contamination - Alderman Puttick referred to the recent news item regarding the PCB fire in the Province of Quebec, and to PCB sites in other areas across Canada. He discussed the opposition of members to the O.W.M.C. proposed site at West Lincoln. The Chief Administrative Officer referred to the "Not In My Back Yard" (NIMBY) syndrome of the 1980's. During the discussion, it was pointed out that there was a mobile disposal facility available in the United States, and further, that the Fire Chief was aware of storage sites in the City of Niagara Falls. Overnight Parking- Alderman Pay referred to the fines for overnight parking on City streets~ and asked that the matter be referred to Staff for study and a report. ~orporate Challenge - Alderman Cheesman referred to the need for Council and Staff to enter a team in the City of Niagara Falls Corporate Challenge, and invited members of Council to participate. He stated that Ms. Janie Stafford of the Economic Development Agency would provide details of the sports event, and the Fire Chief would be asked to coordinate the groups. Firefighters from France - Alderman Chessman advised that he would be meeting the visiting fireflghters and their companions, who would be arriving at the Toronto Airport on September 19th, 1988, and he would therefore not be in attendance at the Council meeting. PALS Conservation Project - Alderman Harrington referred to the Information for Council pamphlet regarding the subject matter. Ni~ara RegiM1 Exhibition - Alderman Janvary announced that the Niagara Regional Exhibition begins tomorrow, and that Sunday, September lath, 1988 was scheduled for Niagara Falls' Day. She stated that entertainment for that date was the responsibility of the citizens of Niagara Falls, and requested the attendance of Council. It was moved by Alderman Cummings, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADO D, i THIRTY-FOURTIt MEETING REGULAR MEETING Council Chambers September 19, 1988 Council met on Monday, September 19th,.1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Coville and Cummings, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the regular meeting held September 12th, 1988, be adopted as printed. Carried Unanimously. ACHIEVEMENT AWARDS (1)N. BAD~IlffON C~IONSHIPS/NATIONAL JR. CH~IONSHIPS/PAN-ANERICAN CANES - His Worship Mayor Smeaton reviewed the badminton championships attained by Miss Kathleen Hunt, and presented Achievement Awards to Miss Kathleen Hunt, and to Mr. Mark Nelson, her Coach. Miss Hunt was congratulated on her successful participation at the Canadian Badminton Championships in Vancouver, the National Junior Championships, and the Pan-American Games in Denver, Colorado, and wished continued success in the future. Alderman Cheesman entered the meeting. DEPUTATIONS NIA~tRA PBXIN$GLA CONSERVATION AUTHORITY - Comunication lo. 310 - June Gardner & Lorne Blggs - Re: Progress Report. The communication attaches a copy of the Agency's 1987 Annual Report. Mr. Andy Butt, General Manager; Mrs June Gardner and Mr. Lorne Biggs, Board Members of the Niagara Peninsula Conservation Authority were in attendance. Mr. Biggs reviewed the progress report, and advised that there were still a number of items to be clarified and reviewed with the Ministry. Mrs. Gardner referred to the 'CA Review' which had been handed out at the meeting, and the Recommendations of the Review Committee included therein, stating that these were being studied and subsequent comments would be forwarded to Council. Mr. Burr responded to questions raised regarding items in which the Authority might become involved, as well as the reduced number of Authorities. His Worship Mayor Smeaton expressed appreciation to the representatives of the Authority on behalf of Council. SIGN BY-LAW - Hr. Harvey Roff, 7625 McColl Drive, addressed Council on behalf of Gino DiCerio of the Chippawa Dry Cleaners at 3826 Nain Street, Chippawa, who was unable to attend the meeting. He referred to the handout sketch provided for the Council members, explained the possibility of a traffic and safety hazard and requested the consideration of Council with respect to the placement of a sign on the subject property in Chippawa, on the south east side of Main Street between Dock and Oliver Streets. The Chief Administrative Officer referred to the sign By-law No. 88-8 to amend By-law No. 6661, 1964s as amended. He explained the anticipated result of approvlng this request. Following a brief discussion, it was moved by Alderman Hinsperger, seconded by Alderman Putticks that no action be taken to change the sign by-law. The motion Carried with the following vote: AYEI NAYB: Aldermen Campbell, Cheesman, Harringtons Hineperger, Janvary, Orr, Pay and Puttick. Aldermen Hopkins and Turner. -2- UNFINISHED BUSINESS NIAGARA GIRLS' MINOR SOFTBAli LEAGUE- Comnuntcatlon Me. 311 - DmvidHawklns, Director, M.G.M.S.L. - Re: Request for Funds. The communication asks Council to reconsider the decision of the Finance Committee to deny the League's request for funding assistance, in the amount of $500.00, for the Mite Rap team to attend the P.W.S.A. Annual Banquet in November, 1988. Mr. Terry Ramsay appealed to Council, on behalf of David Hawkins, for reconstderation of the decision to deny the request for a $500.00 grant to assist the Mite Rap team as recorded previously. He explained that the Executive could provide required funding, however, the request was being made to ensure recognition for the team, and because the girls were representing and promoting Niagara Falls throughout the Province. Mr. Ramsay referred to the annual fund raising activities of the League and coatributions towards Mttchelson Park. ORDERED ou the motion of Alderman Campbell, seconded by Alderman Puttick, that ~he $500.00 request be approved. The motion was Defeated with the following vote: AYE: Aldermen Campbell, err, Puttick and Turner. NAYE: Aldermen Chessman, Herrington, Hinsperger, Hopkins, Janvary and Pay. MW-88-156 - Chief Adsiuistrative Officer - Re: Welland River Cleanup - Removal of Coal Tar from River Bank. The report recommends that the Ministry of the Environment be advised that the City was not opposed to dispensing with a Public Hearing. ORDERED on the motion of Alderman thee,man, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. O-88-30 - Chief Administrative Officer - Re: Grow Rich Waste Recycling System. The report recommends that Report 9I)-88-129 be amended to further provide that any revision to the Certificate of Approval for Grow Rich Waste Recycling Systems be subject to the firm providing the Ministry of the Environ- ment a performance bond in an amount necessary to cover clean-up costs, should the firm discontinue operations. It was noted that Mr. John Balms, and Mr. Lloyd Wilson, interested residents, were in attendance, however, representative of Grow Rich were not. ORDERED on the motion of Alderman Hopkins, seconded bM Alderman Pay, that a resolution be forwarded to the Ministry of the Environment, askin~ that Ministry to request an Environmental Assessment Hearing, and to include information regarding the Performance Bond. Following a discussion, it was moved by Alderman Janvary, seconded by Alderman Chessman, that the matter be tabled for a report from Staff regarding the odour problem, and to allow an opportunity for further comments from the persons concerned. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Campbell, Chessman, Harrington, Hinsperger, Janvary, Orr, Puttick and Turner. NAYE: Aldermen Hopkins and Pay. NIAGARA FALLS Fr, REFIGIITBI'S CLUB - His Worship Mayor Smeaton asked that the matter of the Niagara Falls Firefighter's Club, listed under Resolutions in the Order of Business, be brought forward for discussion. The Chief Administrative Officer reviewed the background details with respect to the concerns of residents in the area of the Orchard Avenue and Dixon Street, and the possibility of resolving the concerns through cooperative discussion. -3- Alderman Campbell declared a conflict of interest because he is a member of the Association. Mr. Peter Corfield, President of the Club, referred to the Public Meeting held April llth, 1988, at which time the concerns of the residents in the subject area had been discussed, and to attempts made by the members of the Club to cooperate with the neighbouts. He suggested that the comments made in Council were "half-truths", that the incident in the parking lot of the Club, reported at the last meeting of Council, had not taken place exactly as reported, and he discussed the strict policies of the organization. Following a further discussion, it was moved by Alderman Janvary, seconded by Alderman Pay, that the proposed resolution be withdrawn from the Agenda. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. COMMUNICATIONS Me. 312(A) - Ministry of the Solicitor General - Re: Proclamation. The communication asks Council to proclaim October 9th to 15th, 1988 as "Fire Prevention Week". - AND - No. 312(B) - Jo~ Simon, Director of Fire Prevention- Re: Proclamation. The communication asks Council to proclaim the week of October 9th to 15th, 1988 as "Fire Prevention Week". ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrington, that the communication be received and the request be granted, subject to established policy. Carried Unanimously. No. 313(A) - Minister of ~icutture and Fend - Re: Proclamation. The communication asks Council to proclaim October 16th, 1988 as "World Food Day". - AND - NO. 313(B) - Minister of A~riculture and Fend - Re: Proclamation. The communication discusses the 1988 Theme, "Food Security: To secure food is to secure our future", provides information regarding anticipated activities in this respect, and requests Council to proclaim October 16th, 1988, as "World Food Day". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that the communications be received and the request he granted, subject to established policy. Carried Unanimously. No. 314(A) - Debbie Oakleys Project Managers Social Assistance Revie~ Committee (SARC) - Re: Report on "Transitions" for Recipients. The communication provides information regarding the recommendation by the Committee, of a new social assistance system for Ontario. - AND - No. 314(B) - Minister of Community & Social Services - Re: Report of Social Assistance Review Committee. The communication advises that the Executive Board of the Ontario Municipal Social Services Association will be meeting with the Chairman of the Review Committee, and requests that comments regarding the report be forwarded to the Minister. ORDERED on the motion of Alderman Harrington, seconded by Alderman Chessman, that the communications be received and filed, and copies forwarded to the Social Planning Council and the Social Justice Committee of the Y.W.C.A. for comments. Carried Unanimously. No. 315 - V~)bert Judge - Re: Council MeetinS - September 12th, 1988. The communication refers to an incident which occurred at the above noted meeting of City Council, and requests a public apology from Mayor Smeaton. Alderman Puttick expressed the opinion that Mayor Smeaton should phone Mr. Judge. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbells Chessman, Hart:hEron, Hinsperger, Hopkins, Janvary, Orr, Pay and Turner. NAYE: Alderman Puttick. , , , . 4 -4- No, 316 (HA{) - Meals ouWbaels - Re: Proclamation. The communication asks Council to proclaim the week of September 26th to 30th, 1988 as "Meals on Wheels Week". ORDERED on the motion of Alderman Janvary, seconded by Alderman Turner, that the request be approved subject to established policy. It was further recommended that a letter of appreciation be forwarded to Mrs. Lorraine Savriga for her efforts on behalf of the organization. Carried Unanimously. No. 317 (HANDOUT) - VIA Rail P~mda Inc. - Re: Overnight Trains. The communication explains the rationale with respect to the cessation of overnight train service between Ottawa and Toronto. ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrington, that the communication be received and filed. Carried Unanimously. REPORTS PD-88-141 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lots 49 and 50, Post Road, Ascot Woods Extension No. 2 (RP M-124). The report recommends that the request from R.E. Durdan, Solicitor, an behalf of his clients, to exempt from Part Lot Control Lots 49 and 50, Registered Plan M-124, be approved and that Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. See By-law No. 88-239. No. S-88-18 - Chief Admimistrative Officer- Re: Proposed Closing and Sale of Walkway 73(2) between Kuhn Crescent westerly to the Jones Street Road Allow- ance. The report recommends the following: 1) 2) 3) That Council hear, at tonight's meeting, any person who claims that his or her land will be preJudicially affected by the proposed by-law to close the above walkway and who applies to be heard; That, if there are no such claims, the Council pass the by-law listed on tonight's agenda to stop up and closes and to authorize the sale and conveyance of the walkway; That Council also pass the resolution appearing on tonight's agenda to authorize an application to the Minister of Municipal Affairs for approval of the by-law. that the report be received and adopted. ORDERED on the motion of Alderman Orr, seconded by Alderman Herrington, Carried Unanimously. See~Resolution No. 86. See By-law No. 88-229. B-88-63 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for August 1988. The report provides information regarding Permits Issued and Highlights for the month of August 1988, as well as September Proposals. ORDERED on the motion of Alderman Pay~ seconded by Alderman Turner, that the report be received and filed. Carried Unanimously. Ng-88-139 - Chief Administrative Officer - Rex Contract G.C. 3-88 - Underground Services for Charmwood Subdivision - Blocks 'B' & 'C'. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Limited~ be accepted and this contract be awarded, subject to the delay or deletion of the portion of the work on Salisbury Place. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinaperger, that the report be received and adopted, Carried Unanimously. See Resolution No. 87. See Byelaw No. 88-236. N~-88-1~ - H~niaipal Norks Committee - Re: Committee Report: Solid Waste Management Program - Strategy Report, The report recommends the following: 1) That the Strategy Report entitled, "Solid Waste Management Program for the City of Niagara Falls" (August 1988), be endorsed; . . . . 5 -5- 2) That the firm of Proctor & Redfern Limited be engaged to undertake a Work Program for the preparation and submission of an application for expansion of the Mountain Road Landfill Site, and preparation of a Need and Rationale Study for a new waste disposal site, at an estimated cost of $160,000.00. There are sufficient funds in Reserves and the 1988 Operating Budget to cover the Proctor & Redfern Limited fees; 3) That application be made to the Ministry of the Environment for an Emergency Certificate of Approval requesting additional landfill capacity of three years to permit continued landfilling at the Mountain Road Site beyond the current Certificate of Approval limits, until such time as a decision is made on the application for extension; and 4) That~application be made to the Ministry of the Environment under the Financial Assistance Program for funding of the Landfill Extension Program. ORDERED on the motion of Alderman Herrington, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Orr voting contrary on Item No. 2~ and with all others voting in favour. MW-88-146 - Chief Administrative Officer - Re: Contract S.S. 32-88 - Storm Sewer Installation on Scott Street, Shirley Aveuue, Amelia Crescent, Barton Crescent, David Avenue and Randall Crescent; and Road Reconstruction on Scott Street. The report recommends that the unit prices submitted by the low tenderer~ Volsci Construction Co. Ltd., be accepted and that the coutract be awarded to this firm, subject to receiving Ministry of the Environment approval of the storm sewer installation for this project. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unautmously~ See Resolution No, 88. See By-law No. 88-233. MW-88-150 - Chief Administrative Officer - Re: Contract G.C. 31-88 Underground Services in the Drummond Park Village (M-77) Phase III Subdivision. The report recommends that the unit prices submitted by the low tendeter, Colamart Haulage Inc., be accepted and this contract be awarded to this firm, subject to the following: 1) Receiving Ministry of the Environment approval of the water and sewer installation for this project; and 2) The Part Lot Control By-law has taken effect. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimousl~. See Resolution No. 89. See BT-law No. 88-232. Hg-88-154 - Municipal Parking & Traffic Cosmittma - Re: Committee Report. The report recommends the following: 1) HM-88-148, All Way Stop Request - Barker Street & Franklin Avenue - It is recommended that an all way stop control be installed at the intersection of Barker Street and Franklin Avenue. 2) riM-88-145, All Way Stop Request - Buchanan Avenue at Robinson Street - It is recommended that an all way stop control be installed at the intersection of Buchanan Avenue and Robinson Street. 3) MM-88-147, Stop Sign Requests - Cherr~ood Road at Nancy Drive; sad Cboros~Drive at prestonAvenue - (i) It is recommended that a stop sign be erected for westbound traffic at the intersection of Cherry~ood Road and Nancy Drive; and (it) It is recommended that a stop sign be erected for westbound traffic at the intersection of Chorozy Street end Preston Avenue. -6- 4) that the report be received and adopted, Rl;-88-114s Huron Street - pavement Natkings - It is recommended that Staff proceed with the installation of pavement markings and signs as outlined lu Report No. M~-88-94, and that the issue of installing additional parkin~ meters along Huron Street be referred to Staff for further evaluation. ORDERED on the motion of Alderman Janvary, seconded by A~derman Cheesman, Carried Unanimously. - AND - Communication Ho, 318 (HANDOUT) - Petition from Residents of Franklin Avenue Area - Re: Stop Sign at Franklin Avenue and Culp Street. The communication asks that a stop sign be installed at the corner of Franklin Avenue and Culp Street, to protect the residents, as well as the children who attend Princess Margaret .School, from speeding vehicles. Mrs. M. Walkden, 6543 Taylor Street, referred to the petition, and to the great need for a speed deterrent on Franklin Avenue. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the 'petition be received and referred to Staff for consideration. Carried Unanimously. P-88-48 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $14,745,223.50 for the period ending September 19th, 1988, be approved by the passing of the by-law appearing later on the agenda. Aldermen Harrington and Janvary declared conflicts of interest on Cheque No. 35010 because they are employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque No. 34965 because he is employed with the Company. Additional information was provided on Cheque Nos. 34999, 35014, 35048 and 35070. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Harrington, Janvary and Hinsperger abstaining from the vote on'Cheque Nos. 35010 and 34965 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 88-240. F-88-49 - Fi~ee Committee - Re: Con~aittee Reports. The report recommends the following: ? 1) Senior Citizens' Boutique & Craft Outlet - It is recommended that the funding request be denied. 2) Niagara Girls' Kinor Softbmll League - It is recommended that the funding request be denied. This item was considered under Unfinished Business earlier in the agendas and the funding request was denied. - 3) Schooner Bluenose Foundation- It is recommended that the funding request be denied. 4) Toxic Masts Research Coalition- It is recommended that the funding request be denied. 5) quebec/Brumil Student Exc~'~Ee - It is recommended that the funding request be denied. 6) Purchasing Policy - It is recommended that the "purchasing Policy" be approved. 7) ZiSht Month Fins~elall Statement - It is recommended that the eight month Financial Statement be received and filed for information. Staff was commended on the formation of the Purchasing Policy. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the report be ~eceived and adopted. Carried Unanimously. . . . . 7 7 RESOLUTIONS No, 86 - CltEF~- HINSPERGER- RESOLVED that pursuant to section 298 of the Municipal Act, R.S.O. 1980, the Minister of Municipal Affairs be requested to approve By-law No. 88-229 to stop up and close and to authorize the sale and conveyance of a public walkway between Kuhn Crescent and the westerly limit of Registered Plan M-59, and shown as Block H on said Plan M-59; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 87 - PAY - HINSPER~ER- RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited, for Contract G.C. 3-88 - Underground Services for Charnwood Subdivision - Blocks 'B' and 'C', at the low tendered amount of $331,613.50, be accepted, subject to the delay or deletion of the portion of the work on Salisbury Place; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 88 - PAY - HINSP~.GER- RESOLVED that the unit prices submitted by Volsci Construction Co. Ltd., for Contract S.S. 32-88 - Storm Sewer Installation on Scott Street, Shirley Avenue, Amelia Crescent, Barton Crescent, David Avenue and Randall Crescent, and Road Reconstruction on Scott Street, at the low tendered amount of $487,704.70, be accepted, subject to receiving Ministry of the Environment approval of the storm sewer installation for this project; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, So. 89 - HINSP~-mnER- PAY - RESOLVED that the unit prices submitted by Colaneff Haulage Inc., for Underground Services in the Drummond Park Village (M-77) Phase III Subdivision, at the low tendered amount of $279,520.94, be accepted subject to the following: 1) Receiving Ministry of the Environment approval of the water and sewer installation for this project; and 2) The Part Lot Control By-law has taken effect ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS The Deputy Clerk advised that Item No. 3 of By-law No. 88-232 had been amended to read: "This by-law shall not take effect until By-law No. 88-230 has first come into force and the City has received the approval of the Ministry of the Environment for the sewage and water works". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that leave be granted to introduce the following by-laws, and the by-laws be read a first time| No, 88-229 - A by-law to stop up and close and to authorize the sale and conveyance of a public walkway between Kuhn Crescent and the WeSterly limit of Registered Plan H-59. 88-230 - A by-law to designate certain land not to be subject to part lot control. (Drummond Park Village Phase lII Subdivision; Report PD-88-33 approved by Council on Nay 30s 1988). 50, 88-231 - A by-law to authorize the execution of an agreement with 687876 Ontario Limited and others amending the Subdivision Agreement for the Drummond Park Village Plan of Subdivision (Registered Plan M-77), (Report PD-88-33 approved by Council on May 30, 1988), -8- No. 88-232 - A by-law to authorize the execution of an agreement with Colacarl Haulage Inc. for sewermains, watermains and base road construction in the Drummond Park Village Phase III Subdivision. No. 88-233 - A by-law to anthorize the execution of an ngreement with Volsci Construction Co. Ltd. for storm sewer installation. No. 88-234 - A by-law to authorize the execution of an agreement with Chapman Hurray Associates for architectural services respecting an addition and alterations to the City's Smrvtce Centre at Stanley Avenue. No. 88-235 - A by-law to authorize a subdivision agreement with River Realty Development (1976) Inc. respecting Charnwood Extension One Subdiv- ision (Blocks B. and C. Plan M-53). No. 88-236 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in Charnwood Extension One Subdivisions Blocks B. and C. No. 88-237 - A by-law to authorize the construction of a sand/salt storage building and renovations to the Stanley Avenue Municipal Service Can,re. No, 88-238 - A by-law to designate certain land not to he subject to part lot control. (Lot Nos. 58, 59 and 73, R.P. 59M-129; PD-88-124 approved by Council September 12, 1988). No, 88-239 - A by-law to designate certain lands not to be subject to part lot control. (Lot Nos. 49 and 50, Post Road, Ascot Woods Extension No. 2 (R.P. M-124). No. 88-240 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington, Hinsperger and Janvary abstaining from the vote on By-law No. 88-240, on conflicts of interest previously recorded under Report No. F-88-48; with Alderman Orr voting contrary on By-law No. 88-234; and with all others voting in fayour. ORDERED on the motion of Alderman Puttick, seconded by Aldermen Orr, that By-law No. 88-234 be tabled for one week. The motion Carried with the following vote-' AYE: Aldermen Campbell, Rarrington~ Hinsperger~ Janvary~ Orr~ Puttick and Turner. MAYE: Aldermen Cheesman~ Hopkins and Pay. t ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 88-229 - A by-law to stop up and close and to authorize the sale and conveyance of a public walkway between Kuhn Crescent aud the westerly limit of Registered Plan M-59. No, 88-230 - A by-law to designate certain land not to be subject to part lot control. No. 88-231 - A by-law to authorize the execution of an agreement with 687876 Ontario Limited and others amendlug the Subdivision Agreement for the Drummond Park Village Plan of Subdivision (Registered Plan M-77). No, 88-232 - A by-law to authorize the execution of au agreement with Colsnarl Haulage Inc. for sewermains, watermains and base road construction in the Drummond Park Village Phase III Subdivision. No. 88-233 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for storm sewer installation. No. 88-235 - A by-law to authorize a subdivision agreement with River Realty Development (1976) Inc. respecting Charnwood Extension One Subdiv- ision (Blocks B. and C. Plan M-53). No. 88-236 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in Charnwood Extension One Subdivision, Blocks B. and C. No. 88-237 - A by-law to authorize the construction of a sand/salt storage building and renovations to the Stanley Avenue Municipal Service Centre. No. 88-238 - A by-law to designate certain land not to be subject to part lot control. (Lot Nos. 58, 59 and 73, R.P. 59M-129; PD-88-124 approved by Council September 12, 1988). No. 88-239 - A by-law to designate certain lands not to be subject to part lot control. (Lot Nos. 49 and 50, Post Road, Ascot Woods Extension No. 2 (R.P. ~124). No. 88-240 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington, Hinsperger and Janvary abstaining from the vote on By-law No. 88-240, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITIffiS OF CONtemN: Niagara Grape & Vine Festival - Mayor's Grape Stomp - His Worship Mayor Smeaton referred to the handout memorandum regarding the invitation from Mayor McCaffrey, to participate in the Niagara Grape & Wine Festival Mayor's Grape Stomp, at Montebello Park, on Saturday, September 24th, 1988, and asked for a volunteer to act on his behalf since he was unable to attend because of a previous commitment. Alderman Turner volunteered to represent Mayor Smeaton at this event. ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrington, that Alderman Turner be authorized to attend the event on behalf of Mayor Smeaton. Carried Unanimously. Petition - Residents of Chippawn Parkway - Alderman Hfnsperger referred to a petition he had received from residents in the area of Chippawn Parkway, expressing concerns regarding speeding vehicles on Chippaws Parkway. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell, that the petition be referred to the Parking & Traffic Committee for action. Carried Unanimoesly. CA3/~!O - Alderman Cheesman referred to the information for Council item respecting an article which was published in The Toronto Star entitledr "Trace Canada's Gas Exports Boom". He stated that this matter would be considered at the next meeting of the Finance Committee in order that a decision might be made regard- ing the City*s participation in the GASAMO program. ITEMS OF IIVI~mE~T: Invitation from Firefighter's Club- Alderman Chessman reminded Council of an invitation the members had recently received from the Niagara Falls Firefighter's Club, to visit the Club on September 20th, 1988, at 8:00 p.m. - 10 - Niagara College Invitation - Alderman Cheesman advised Council that he had received an invitation, as a former Governor of the College, to attend a 'Question and Answer' session on October 20th, 1988. He invited Council members to provide comments which he might submit to the session. Niagara Regional Exhibition/Heritage Village - Alderman Janvary referred to a presentation she had received from the Heritage Village for efforts on behalf of Niagara Falls Day at the Exhibition. She asked that letters of appreciation be forwarded to the Rainbow Squares; the Coronation Rhythm Band; and the Wendy Leard School of Dance, 'Kids Chorus', with respect to their participation in the program for Niagara Falls Day. Biagara Peninsula Conservation Authority/Nominations - Alderman Janvary referred to the Information for Council communication from the N.P.C.A. which requested nominations for conservation awards, the Miapenco Conservation Award, and the Niapenco Conservation Award for Individuals. She stated that this information would be submitted to the Environmental Committee meeting on September 20th, 1988o Order of Ontario/Nominations - Alderman Janvary advised that notification had recently been published in the Niagara Falls Review requesting nominations for the Order of Ontario to be presented to exceptional people. She suggested that Council should become involved in these nominations. It was moved by Alderman Hinsperger, seconded by Alderman Pay, that the meeting adjourn, Carried Unanimously, READ AND ADOPTED, E.C. WAGG, MAYOR WI~ SMEATON THIRTY-FIFTH MEETING COmmITTEE OF THE WHOLE Committee Room #1 September 26, 1988 Council met on Monday, September 26th, 1988, at 7:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Cummings presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ~/PTED, REGULAR MEETING Council Chambers September 26, 1988 Council met on Monday, September 26th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Herrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the regular meeting held September 19th, 1988, be adopted as printed. Carried Unanimously. WELCOME LII'I'LE BRO'I'gERS - BIG BROTHERS NEEDED - His Worship Mayor Smeaton welcomed a number of Little Brothers to the Council meeting, as well as Mr. John Prentice, Managing Director of the Big Brothers Association in Niagara Falls, and Mr. Cliff Porter, a member of the Association's Staff. The Little Brothers each carried a placard proclaiming their need for a Big Brother. Mr. Prentice expressed appreciation to Council on behalf of the Association. He advised that although a number of Big Brothers have been found, there is need for more. ACHIEVEMENT AWARDS ONTARIO SOFtBALL (IL~PIONS - BAIN PRINTING NITE GIRLS' SOFEBALL TF. AN - His Worship Mayor Smeaton congratulated and presented Achievement Awards to the following members of the Bain Printing Mite Girls' Softball Team: Kelly Pederson, Donna Terryberry, Kathy Dickey, Kristin Biamonte, Nancy Pugliese, Tracey Caldwell, Anne Rutherford, Kacey O'Banion, Krtstin Davies, Bianca Bruzzese, Amie Czerewaty and Daniele D'Grlllo. He presented Achievement Awards to the following Coaches of the Team: Peter Czerewaty, Gary Dickey and Dave Hawkins. Mayor Smeaton wished the Team success in their future endeavours. (IllPOlO SPORTS CANUCKS - JUNIOR *B' HOCKEY LEAGUE - His Worship Mayor Smeaton congratulated the following Cupolo Sports Canucks~ Junior "B" Hockey League, wished them future success, and presented them with a Plaque of Recognition and a gift from the City: Mike Dunham, Brian ] Glenney, Gilbert Dionne, Scott Stanlick, Wayne Shrapp, Keith Jones~ Tim Upper, Dan Rieutz, Greg Murray, Darrin Cournyea, Rick White, Seam Wellington, Ken Wilson, Craig McCarthy, Wade Fiabian, Todd Baker, Taylor Cant, Phil Roberio, · Peter Gallardi, Brandy Boone, A1 Dobbin and Wade Ostiemier. -2- CONGRATULATIONS The Clerk announced that Alderman and Mrs. Puttick were celebrating their 29th Wedding Anniversary today. Congratulations and best wishes were extended to them. DEPUTATION (IIT~I~FIJ~L SITE- Mr. Rick Hunter, Rick's Handyman and Delivery Service, expressed his concern that effective October 3rd, 1988, the new regulations at the City Landfill Site would exclude use of the site by himself, and by other similar businesses. He advised that he cut the lawns for a great number of senior citizens who were unable to prepare the cuttings for garbage pick-up, and for that reason it was necessary to remove the grass cuttings to the landfill site in his van. Be asked that the regulations be amended to include grass cuttings and yard clean-up for this type of business using a van. During the discussion, it was suggested that an area farm or Grow Rich Recycling Systems might consider acceptance of this material. It was further suggested that other inequfties in the policy be included in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman theeamen, that the matter be referred to Staff for a verbal report. Carried Unanimously. UMFINISII~BUSII~SS RAINBOW CARDENS SUBDIVISION AGRFalKNT AMI~DI!MNTS - NW-88-161 - Chief Administrative Officer - Re: Rainbow Gardens Subdivision Agreement Amendments: Exemption From Part Lot Control AND Acoustic Barrier. (COUNCIL 1988 09 06). The report recommends the following: 1) That the request for exemption from Part Lot Control (to permit semi- detached homes), be approved and that the necessary By-law and Subdivision Agreement amendments be prepared; and 2) That the Subdivision Agreement be amended to permit the issuance of Building Permits for the multi-family block and lots, except those abutting the Q.E.W. (Lots 17 through 25 inclusive), subject to no occupancy of any building until the acoustic barrier (berm and wall) is completed, and subject to other conditions enumerated in this report. Mr. Thomas A. Jacob, Solicitor, representing Joseph Maziarz, Solicitors, referred to his previous attendance at the Council meeting held September 6th~ 1988, and action taken subsequent to that date. Mr. Brian Oaklay, 7418 Nasrullah Crescent, addressed Council on behalf of concerned residents of the Bambi Subdivision. Be stated that they were basically in agreement with the recommendations of Staff, however, the residents were concerned regarding the uncompleted berm in the Bambi Subdivision. Further concerns were expressed regarding the second recommendation that no occupancy of any building take place until the acoustic barrier is completed, and enforcement of this provision; access to construction of the berm subsequent to the completion of the proposed multi-family dwelling in Block 45; the ownership of the Letter of Credit when the lands were sold; and responsibility for cost of the berm extension connecting Bambi and Rainbow Gardens Subdivisions- Mr. Oaklay asked Council to take immediate action for completion of the harm. During the discussion, it was pointed out that there were two separate issues involved, and suggested that the recommendation should be adopted in order that the Rainbow Gardens plan might proceed. ORDERED on the motion of Alderman theesmart, seconded by Alderman Puttick, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Cheesman, Hopkins and Puttick. NAYE: Aldermen Campbell, Gorilla, Cummingss Herrington, HinsPeFgers Janvary, Orr, Pay and Turner. -3- Following a lengthy discussion, it was moved by Alderman Cheesman, seconded by Alderman Orr, that the report be received and adopted, with recommendation No. 2 amended to read as follows: "That the Subdivision Agreement be amended to permit the issuance of Building Permits for the multi-family block and lots, except those abutting the Q.E.U. (Lots 17 through 25 inclusive), for foundations and footings only, and that no further building permits to be issued until the acoustic barrier (berm and wall) is completed, subject to other conditions enumerated in this report". The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Orr, Pay and Turner. NAYE: Aldermen Coville and Puttick. f'-MIrTIFICATE OF APPROVAL AM~DMENT, GROW RICH WASTE RECYCLING SYSTEMS - PD-88-151 - Chief Administrative Officer - Re: Amendment, Grow Rich Waste Recycling Systems. following: Certificate of Approval The report recommends the 1) That the City will not request a hearing on this matter; 2) That any revision of the Certificate of Approval for Grow Rich Waste Recycling Systems be subject to the firm providing the Ministry of the Environment with a performance bond in an amount necessary to cover clean- up costs should the firm discontinue operations; 3) That the City is relying on the Ministry to monitor and control odour problems. - AND - Communication No. 319 (HANDOUT) - R.J. SlattexT, P. Fag., Area Supervisor, Wellmmd District Office, Ministry of the Environment - Re: Grow Rich. The communication requests a copy of Staff reports and the minutes of the Council meeting held September 23rd, 1988; explains the proposal of Grow Rich to enclose the building and recycle potential odours into the compost in order to minimize the effect of the odours and improve the composting operation; discusses action taken to review the concerns of Mr. Belme; and advises that the Ministry Staff will be available to discuss concerns and review the effectiveness of the abatement measures. Mr. John Belme, gS00 Chippawn Creek Road, was in attendance and indicated satisfaction with the current arrangements. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be received and filed, and the report be received and adopted. Carried Unanimously. NIAGARA TRANSIT - BUS PURCHASE - ~ommunication NO. 320 - Niagara Transit - Re: Reserve Fund. The communication refers to the request for funds to purchase a bus, considered at the Council meeting on August 29th, 1988, the suggestion that a reserve fund be established to purchase transit vehicles, and advises that the Province will not pay into a reserve fund, and further, that the Province bases their subsidy on actual expenditures in any given year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr~ that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No. 321 - John Young, Sgt. at Arms, The Royal Caondian Legion, Branch No. 396 - Annual Chippawn Remembrance Day Parade & Service - Sunday, November 6, 1988. The communication requests a Parade Permit for the event. ORDERED on the marion of Alderman Cummings, seconded by Alderman Orr~ that the request be granted sub]eat to the approval of other authorities. Carried Unanimously. -4- No. 322 - Man-A-Mile Committee - Re: Man-A-Mile Race. The communication requests the use of Municipal roads for this Regional event, and further, that a representative of City Council be in attendance for the award presentations at Cakes Park. Alderman Janvary indicated that she would be in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the requests be approved. Carried Unanimously. No. 323 - Ceorge Yerfch, Chairman, Steering Cosatttee - Re: Niagara Falls Convention Centre. The communication requests Council to approve, in principle, the purpose of the Committee, to locate a Convention Centre in the Niagara area. Mr. Yerich was in attendance to respond to questions and provide further information. During the discussion, it was suggested that a representative of the ad hoc Working Group, being formed with respect to the Provincial Tourjam Study, become a participant on the Steering Committees in order to coordinate activities of the two groups. · ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the request for approval of the location of a Convention Centre in the Niagara area be approved~ in principle. Carried Unanimously. REPORTS PD-88-133 - Chief Administrative Officer - Re: Official Plan for the Town of Niagara-on-the-Lake. The report expresses concern regarding the General Industrial designation adjacent to agricultural lands of Niagara Falls in the Niagara Escarpment Plan area, suggests that the Town consider the appropriate- ness of Agricultural or a Prestige Industrial designations and recommends that this report be forwarded to the To~rn of Niagara-on-the-Lake as the City's comments on the draft Official Plan. ORDERED on the motion of Alderman Cheesmans seconded by Alderman Cummingss that the report be received and adopted, Carried Unanimously. PD-.88-147 - Chief Administrative Officer - Re: Decontamination of PCB's at General Abrasives. The report recommends the following: 1) That Council endorse the proposal to decontamtnate PCB~s at General Abrasives conditional upon - (a) the proponent notifying the Fire Chief of the actual commencement of the decontamination process; (b) meeting all applicable MOE standards and utilizing M0E approved technology; (c) obtaining prior approval of the City if Municipal water or sewers are to be used; and 2) That Council notify the M0E and the proponent regarding recommendation Number Is that no other local permits are required~ and that the 30-day notification period may be waived. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. Ho. B-88-66 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Extension to Commercial Building; Colia Color Centre - 6710 Drummond Road AM-6/87, The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed extension of a commercial buildings and the site plan being drawing Number 1s and filed with the Buildings and Inspections Department of the City of Niagara Falls on September 21, 1988. ORDERED on the motion of Alderman Pays seconded by Alderman Gorillas that the report be received and adopted. The motion Carried with the following vote: 'r 'i AYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Janvary, err, Pay, Puttick and Turner. NAYE: Alderman Hopkins. NW-88-155 - Chief Administrative Officer - Re: Construction Agreement on Ontario Hydro Lands, for the Westlane/Westwood Flood Relief Relief Sewer. The report recommends that Council pass the by-law on tontght's agenda authorizing the execution of the Construction Agreement noted above· ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslyL See By-law No. 88-245. HW-88-157 - Chief Administrative Officer - Re: Municipal Works Committee Report: Service Centre Improvements. The report recommends the following: l) 2) That this advisory report be received and filed; and That By-law No. 88-234, which authorizes an agreement with Chapman Murray Associates for Architectural services~ be given a second and third reading. that the report be received and adopted. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, Carried Unanimously. See By-law No. 88-234. NM-88-158 - Chief Administrative Officer - Re: Contract R.C. 33-88 - Road Rehabilitation on Jolley Crescent and Basswood Crescent. The report recommends that the unit prices submitted by the low tendeter, Bear Construction Inc., be accepted and that the contract be awarded to this firm subject to: 1) That the sum of $32,500.00 be taken from the Contribution to Capital Spending (Water) Account to finance the replacement of the watermains on these streets; and 2) Receiving Ministry of the Environment approval of the water and storm sewer installation proposed to be undertaken through this project. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 90. Ng-88-159 - Chief Administrative Officer - Re: Contract R.C. 27-88 - Base Road and Finished Road and Sidewalk Construction in Various Subdivisions. The report recommends that the unit prices submitted by the low tendever, Hard Rock Paving Company Ltd., be accepted and this contract awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report b~ received and adopted. Carried UnanimouslyL See Resolution No. 91. !~88-160 - Chief Administrative Officer - Re: Three Phase Power Line for the Mewburn Road Pumping Station. The report recommends the following: 1) That Council authorize the expenditure of $40,000.00 for the extension of three phase power to the Mewburn Road Pumping Station; and 2) That the expenditure initially come from the Expansion and Renewal Fund and the yearly rebate be credited back to this Account. ORDERED on the motion of Alderman Pay, seconded by Aldemnan Hinsperger, that the report be received and adopted. Carried Unanimously. -6- 7 NW-88-163 - 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 trader the Financial Assist- ance Program for anticipated costs for the Solid Waste Management Program, and that the Mayor and Clerk be authorized to sign the grant application, ou behalf of the City. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. HM-88-164 - Chief Administrative Officer - Re: Application for 'Life-Line' Grant Program - File G-59. The report recommends that Council resolutions be passed authorizing application for grants under the Ministry of the Environment 'Life-Li ~' Program for the following projects: n 1) Sanitary Sewer Needs Study Pilot project in the Chippawa Community as the first Phase of a Sewer Infrastructure Rehabilitation Needs Study for the City; 2) Chippawa Community storage tanks and Pumping Station; 3) St. Clair Avenue watermain replacement - Huron Street to Slmcoe Street; and 4) Pilot Watermain Corrosion Control Program for the Frontenac Woods Subdivision- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Carried Unanimously. Herrington, that the report be received and adopted. See Resolution Nos. 92, 93, 94, and No. 95. C-88-31 - Chief Administrative Officer - Re: Request for Reserve, Part 2, Plan 59R-4981, being Part of Lots 53 and 54, Plan 243 - Niagara Falls Industrial Park. The report recommends that Council approve of the Request for Reserve from Ella Habr Inc. for Part 2, Plan 59R-4981, being part of Lots 53 and 54, Plan 243, until March 1, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pays that the report be. received and adopted. Carried Unanimously. F-88-50 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $8,413,908.22 for the period ending September 26, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Einsperger declared a confllct of interest on Cheque No. 35134 because he is employed with the company. Additional information was provided on Cheque Nos. 35318, 35121 and 35124. ORDERED on the motion of Alderman Herrington, seconded by Alderman Janvary, that the report be received and adopted· The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 35134, on a conflict of interest previously recorded; with Alderman Cummings voting contrary on Cheque No. 35281; and with all ethers voting in layout. See By-law No. 88-248. CD-88-48 - Chief Administrative Officer - Re: Recording Absentees - Council Meetings, The report recommends that effective immediately, the Clerk record in the Council Meeting Minutes, the reason for absences from meetings by Members of Council. 'ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: A~dermen Campbell, Coyills, Cummings, Hinsperger, Hopkins, Janvary, 0rr, Pays Puttick and Turner. NAYE: Aldermen Chessman and Herrington. t 14R-88-167 (HANBOU~) - Municipal Works Committee - Re: Committee Reports: 1) NM-88-149, Chippawa Sanitary Storage Project - Pile No. E-392 - The report recommends the following: (i) That three (3) Montedots-Whitney Q-Logger Flow Meters be rented, at a cost of $7,560.00, for measuring sewer flows in the Chippawa Community sewers, for the period September 15th to November 15th, 1988; (ii) That $30,000.00 be budgeted in the 1989 Budget for the purchase of three (3) Montedots-Whitney Q-Logger Flow Meters and a Data Recorder for installation into the Chippawa Community sewers by March 31st, 1989; , (iii) That a Staff Project Team be formed to collect and analyse sewer flow data, and make short and long term recommendations for the Chippawa Community Remedial Flooding Works; (iv) That Staff make application for short and long term Provincial funding under the 'Life-Line' Grant Program to assist in the financing of the Flow Meter purchase costs and the Project Team Operating costs; (5) That the attached Delcan Corporation 1988 report on the "Chippawa Community Remedial Measures for Basement Flooding" be received, and that the recommendations of the report be followed for implementation of the remedial works (See attached Report MW-88-141 - 1988 09 06); 2) MW-88-162, Chippawa Sanitary Storage Project - File No. E-392 - The report recommends the following: (i) That the City proceed with the Phase I portion of the Chippawa Remedial Scheme (Storage Tanks and Pumping Station) for tendering in October 1988, with completion by March 1989; (if) That Council authorize the pre-ordering of the pumps at an estimated cost of $25,000.00; (iii) That City Maintenance Staff remain on standby to manually pump from the Bridgewater Street sewer location into the Welland River, until the Regio~al Municipality of Niagara's Low Lift Pumping Station Works (Phase II) are operational, scheduled for mid 1989 completion; (iv) That further flood relief works be refined and implemented on an on-going basis, dependent upon the results of the Data Collection Program; (v) That the storage tanks be constructed of corrugated steel pipe; (vi) That the need for implementation of the Phase III works (future interceptor sewers) be reconsidered, based upon the measured performance of the Phase I and II works and results of the Data Collection Program. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted· The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cummings, Herringtons Hinsperger, Hopkins, Janvary, Orr, Pay, Puttick and Turner. NAYE: Alderman Coville. RESOLUTIONS No. 90 - PAY - HINSPEMER- RESOLVED that the unit prices submitted by Bear Construction Inc., for Contract R.C. 33-88 - Road Rehabilitation on Jolley Crescent and Basswood Crescent, at the low tendered amount of $108,924.02, be accepted subject to the following: -8- 1) That 'the sum of $32,500.00 be taken from the Contribution to Capital Spending (Water) Account to finance the replacement of the watermains on these streets; and 2) Receiving Ministry of the Environment approval Of the water and storm sewer installation proposed to be undertaken through this project; - AND the Seal of the Corporation be hereto affixed. Cartled Unanimously. 9 BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-221 - No. 88-222 - No. 88-241 - Withdrawn. Withdrawn. A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. go. 91 - PAX - HINSPERGBX- RESOLVED that the unit prices submitted by Hard Rock Paving Company Ltd., for Contract R.C. 27-88 - Base and Finished Road and Sidewalk Construction in Various Subdivisions, at the low tendered amount of $302,109.49, he accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 92 - BINSP!~ER- !I~IN&'IX)N - RESOLVED that the Council of the City of Niagara Falls approve the application to the Ministry of the Envtronment~ under the Mtnistry's 'Life- Line' Program, for a Sanitary Sewer Needs Study Pilot Project in the Chippawn Community as the first Phase of a Sewer Infrastructure Rehabilitation Needs Study for the City, to be implemented over a two-year period from January 1989 to December 1990, with a cost scheduling as follows: City Share Region Share Ministry Share TOTAL 1989 $15,000 $15,000 $30,000 $60,000 1990 7p500 ~ 15.~000 30 000 ~*** $22,50~ $22,500* $45,000'* - AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 93 - HINSPERGER- naRRING~ON - RESOLVED that the Council of the City of Niagara Falls approve the application to the Ministry of the Environment, under the Ministry's 'Life-Line' Program, for funding assistance in the construction of Chippaws Community Storage Tanks and Pumping Station at an approximate project cost of $500s000-00; AND the Seal of th~ Corporation be hereto affixed. Carried Unanimously. No. 94 - HINSpMBGMR-IL~NGTON - RESOLVED that the Council of the City of Niagara Falls approve the application to the Ministry of the Environment, under the Ministry's 'Life-Line' Program, for the St. Clair Avenue watermain replacement from Huron Street to Slmcoe Street, at an approximate project cost of $100,000.00; AND the Seal of the Corporation be hereto affixed. Carri_ed Unanimously. No. 95 - BINSpMRGER-!IARRINGION - RESOLVED that the Council of the City of Niagara Falls approve the application to the Ministry of the Environment, under the Nlnistry's 'Life-Line' Program, for a Pilot Watermain Corrosion Control Program in the Frontchar Woods Subdivision, at an approximate project cost of $30s000.00; AND the Seal of the Corporation be hereto affixed.* Carried Unanimously. No. 9& - JAMAIY - CI~NAN - RESOLVED that a message of condolence be forwarded to the family of the late Douglas Morningstar, an employee of the City of Niagara Falls, and a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. 88-242 - A by-law to authorize an agreement with Peter Edmund Schnurr and Brian Sinclair. No. 88-243 - A by-law to authorize the execution of an agreement with Bear Construction Inc. for road rehabilitation on 3olley Crescent and Basswood Crescent. No. 88-244 - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for curb~ gutter and base asphalt construction in Ascot Woods Extension II and Herovice Subdivisions and base and surface asphalt, curb, gutter and sidewalk construc- tion in Dell Park Extension. No. 88-245 - A by-law to authorize the execution of an agreement with Ontario Hydro. No. 88-246 - A by-law to amend By-law No. 79-200, as amended. (AM-23/88 J. Kendall, Stanley Avenue; Report PD-88-102 approved by Council July 11, 1988). No. 88-247 - A by-law to establish a one foot reserve as a public highway. No. 88-248 - A by-law to provide monies for general purposes. The motion Carried with Alderman Coville abstaining from the vote on By-law No. 88-246 on a conflict of interest, because her place of employment is involved; with Alderman Hinsperger abstaining from the vote on By-law No. 88-248 on a conflict of interest previously recorded under Report No. F-88-50; with Alderman Cummings voting contrary on By-law No. 88-248 as previously recorded under Report No. F-88-50; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 88-234 - A by-law to authorize the execution of an agreement with Chapman Murray Associates for architectural services respecting an addition and alterations to the City's Service Centre at Stanley Avenue. No. 88-221 - Withdrawn. No. 88-222 - Withdrawn. No. 88-241 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. No. 88-242 - A by-law to authorize an agreement with Peter Edmund Schnurr and Brian Sinclair. NO. 88-243 - No. 88-244 - A by-law to authorize the execution of an agreement with Bear Construction Inc. for road rehabilitation on Jolley Crescent and Basswood Crescent. A by-law to authorize the execution of au agreement with Hard-Rock Paving Company Limited for curb, gutter and base asphalt construction in Ascot Woods Extension II and Harovics Subdivisions and base and surface asphalt, curb, gutter and sidewalk construc- tion in Dell Park Extension Subdivision. .... 10 - 10 - No, 88-245 - A by-law to authorize the execution of an agreement with Ontario Hydro. No. 88-246 - A by-law to amend By-law No. 79-200, as amended. (AM-23/88 J. Kendall, Stanley Avenue; Report pD-88-102 approved by Council July 11, 1988). Ho. 88-247 - A by-law to establish a one foot reserve as a public hlghway. No. 88-248 - A by-law to provide monies for general purposes. The motion Carried with Alderman Coville abstaining from the vote on By-law No. 88-246 on ac'~nflict of interest previously recorded; with Alderman Hinaperger abstaining from the vote on By-law No. 88-248 on a conflict of interest previously recorded; with Alderman Cummings voting contrary on By-law No. 88-248 as previously recorded; and with all others voting in favour. ITI~!S OF ~ONCERN: Mayor's Parking For Special gventa - Alderman puttick referred to his handout communication to Council Members with respect to Mayor Smeaton's difficulty in securing a parking space at the Arena for the recent opening game of the Junior "A" Thunder team. He asked that a parking space be held for the Mayor and his family for any special events taking place in the City, particularly on City property. - 11- Visiting Firessen from Hyeres, France - Alderman Chessman referred to the successful visit to Niagara Falls by the Firemen and their companions. It was moved by Alderman Puttick, seconded by Alderman Orr~ that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, Stnnley Avenue/VslleY~sY' Alderman Cummings referred to the dangerous situation with respect to two sewers at the above named intersection, and to a previous request that this matter be investigated and remedied. He asked Mayor Smeaton to contact the Regional Municipality of Niagara on September 27th, 1988, as a Regional Councillor, and request immediate action regarding this concern. Swayze Drive Ditches - Alderman Cummings referred to the resolution of the Municipal Works Department and City Council, that the condition of the ditches on Swayze Drive be remedied with the required soil obtained from the reconstruction on O'Neil Street, and stated that none of the soil from O'Neil Street had reached Swayze Drive. The Director of Municipal Works agreed to investigate the matter and contact the Alderman on September 27th, 1988, regarding a status report. Bmabi Subdivisien - Alderman Janvary referred to a discussion regarding concerns of the residents in the Bambt Subdivision~ held earlier on this agenda. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that immediate action be taken to resolve the concerns of the residents in the Bambi Subdivislgn, with respect to the berm and the park. Carried Unanimously. rr!~s OF II~r~RKST: Corporate Challenge Event - Alderman Herrington expressed satisfaction with the organizational results of the Corporate Challenge event which had been held on September 25th, 1988. Ms. Janie Stafford of the Niagara Falls Economic Development Agency and other organizerss were commended on their efforts toward the successful happening. Niagara Girls' Minor Softball League - Alderman Campbell stated that the Chippawn Lions Club would be underwriting the expenses of the Niagara Girlst Minor Softball League to attend the upcoming Championship Awards Dinner in Toronto~ and referred to the community support of this group. THIRTY-SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room ~1 October 3, 1988 Council met on Monday, October 3rd~ 1988, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hinsperger, who Was on vacation, Were present. Alderman Coville presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open session. CLERK S REGULAR NEETING Council Chambers October 3, 1988 Council met on Monday, October 3rd, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Hinsperger, who was on vacation, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the minutes of the regular meeting held September 26th, 1988, be adopted as printed. Carried Unanimously. WELCOME GRADE XIII STUDENTS - STAMFORD OOLLEGIATE- His Worship Mayor Smeaton welcomed Mr. David Wishart, and a large number of Grade XIII students from Stamford Collegiate, to the meeting. He advised that Mr. Wishart of the Niagara South Board of Education was initiating a program to view the democratic process as it relates to citizenship in Canada, and particularly within the Regional Municipality of Niagara. pRESENTATIONS His Worship Mayor Smeaton discussed the efforts of Heart Niagara in cardiovascular prevention, and the success of the Sports Celebrity evening which raised $12,500.00 towards cardiovascular prevention and equipment at the Greater Niagara General Hospital. Mr. Joe Cleary, Chairman of the Sports Celebrity event, advised that the former evening had been a tremendous success, and that another had been scheduled for May 5th, 1989. Achievement Awards were presented by Mayor Smeaton on behalf of Council and the community, in recognition of Community Service rendered in support of Heart Niagara to: Joe Cleary, Chairman, Frank Adamson, John Cunnane, Dr. Stafford Dobbin, Phil Lester, Bill McCarthy, Bill Muir, Dr. Doug Munkley~ Bill Payne, Dave Rigby, Fred Sacco, Norm Tubbe, and Elise West. NIAGARA GRAPE & WINE FESTIVAL - His Worship Mayor Smeaton exhibited the Trophy which was awarded to the Gity of Niagara Falls for the City Float at the Niagara Grape & Wine Festival during the past week-end. ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrington, that a letter of congratulations be forwarded to Mr. Derek Costello and Staff. Carried Unanimously. -2- NIAGARA FALLSGOLFTOURNAHENT- His Worship Mayor Smeaton discussed the Trophy on view which will be presented to Rick Blair who won this award for "low gross score", and advised that a new "Max Fairbarn Memorial Trophy" was presented for "low net" by Mrs. Fairbarn. DEPUTATIONS SIDE~/ALKFEE -MR. C~IARLES WOOD - Communication No. 324 - Charles Wood - Re: Sidewalk Fee. The communication requests permission to address Council regarding the return of a sidewalk fee on deposit for 8180 Sophia Street. Mr. Wood reviewed his unsuccessful attempts to obtain ~ progress report ~oncerning the City-wide Sidewalk Study, the construction of his home at 8180 Sophia Street, and expressed the opinion that a sidewalk was not necessary at this address. He requested that the $715.00 sidewalk fee, which had been recommended by the City Engineer, be returned to him. The City sldewalk policy was discussed, and Council was advised that the current Subdivision Policy respecting sidewalks was being reviewed, with the anticipated target date for submission of a report, through consultants, being the end of October, 1988. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the oral explanation be accepted, and that a report be prepared for presentation at the end of October, 1988. The motion was Defeate~ with the following vote: AYE: Aldermen Chessman, Coville, Cummings, Hopkins and Janvary. NAYE: Aldermen Campbell, Herrington, Orr, Pay, Puttick and Turner. ORDERED on the motion of Alderman Turner, seconded by Alderman Campbell, that the $715.00 sidewalk fee be returned to Mr. Wood. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Cheesman, that the matter be tabled, and referred to Municipal Works Committee for a report before the end of October, 1988. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Herrington, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Turner. NIA~ FALLS pIRAI~S - ICE TIME - Mr. Mike Tychynski, Chairman, Niagara Falls Pirates, ~and Mr. Larry Pugliese, were in attendance to express their dissatisfaction with respect to the one hour Saturday evening ice time scheduled for the Niagara Falls Pirates by the Recreation Department. They explained that the scheduled time did not agree with their purpose, and requested a rescheduling for a one .and one-half hour period on Sundays. Council was advised that they had changed to Saturday last year to accommodate another team, for one year only. They requested an explanation of the reason they could not be given their original time slot. The Director of Parks & Recreation reviewed actions taken regarding the scheduling of ice hours, referred to the priority of groups whose ice time had- been taken aways priority with respect to m~nor spo~tss and stated that the Pirates had been advised that efforts were being made to accommodate them tf possehies fo~ one hour only since the requested one and one-half hou~ ts not possible. He agreed to submit iufo~mat~on d~ectly to Alderman Janva~ regard- ~ug the possibll~ty of youth groups receiv~ug extra hours of ~ce time. ORDERED on the motion of Alderman Covllles seconded by Alderman Hopktus~ that the Parks & Recreation Department Staff ~ supported, and the NIagara Pirates work out a private agreement w~th Minor Hockey and p~esent this t~ w~iti~ to the Recreation Co~ss~on. The motion Carried ~fth the following vote~ AYE: Aldermen Chessmarts Covtlle, Harrington~ Hopkinss Janvary, Orr, Puttick and Tu~er. NA~Ez Aldermen Campbells Cu~ings and Pay. -3- ZONING AMENDMENT APPLICATION AN-29-88 414878 ONTARIO LINITED, 5441 SPRING St. The City Clerk provided background information regarding the subject matter which had been considered by Council at a Public Meeting on September 12th, 1988, and the application for rezoning supported. He explained the zoning by-law procedure, stating that if the zoning by-law was passed, Mr. Chirico would have 35 days to appeal to the Ontario Municipal Board, and within 15 days following the passing of the by-law, the Clerk's Department would notlfy interested persons. Mr. John Chitfro was granted permission to speak on the motlon of Alderman Cummings, seconded by Alderman Puttick. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hopkins, Janvary and Puttick. NAYE: Aldermen Chessman, Coville, Orr, Pay and Turner. Mr. Chirico referred to Report Nos. 88-134 and PD-88-127, which had been considered by Council on September 12th, 1988, and requested permission to discuss these reports further. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that Staff, the Developer and Mr. Chirico consider the rezoning further, and submlt a report to Council. Carried Unanimously. UNFINISHED BUSINESS STREET LIGHTING ON SMAYZE DRIVE- HW-88-168 - Municipal Works Co=mittee - Re: Street Lighting on Swayze Drive.(COUNCIL 1988 09 12). The report attaches Report No. MW-88-164 which advises that two street lights will be erected on Swayze Drive, adjacent to the condomintum, in the immediate futures and recommends that this report be received and filed. Alderman Pay declared a conflict of interest because he lives in the Condominiun. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Pay abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. I~FILL SITE POLICY - A verbal report was provided by the Maintenance & Operations Engineer with respect to the concerns expressed by Mr. Rick Hunter of Rick's Handyman & Delivery Service, 7044 Leemtng Street, at the Council meeting held September 26th, 1988, regarding the current policies and procedures at the City landfill site. He advised that Staff was not recommending a special dispensation for Mr. Hunter at the landfill site, and further, that Mr. Hunter had been referred to persons in town who were willing to receive compost for a minimal charge. COMMUNICATIONS No, 325 -D~a~tmnt Of th~ City Clerk, City of Toronto - Re: Banning the Manufacture, Sale, Distribution & Use of Chlorofluorocarbons and Halons in Toronto. The communication asks Council to follow the leadership of Toronto in introducing similar laws. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Pay, that the communication be referred to the Environmental Planning Committee for a report. Carried Unanimously. No. 326(A) - Peggy Salmon, Acting Chairperson, Acting Committe~ for Access to Permanent Housing - Re: Invitation to Public Information Meeting - October 12th, 1988. The communication attaches a press release regarding the Provincial initiative for Access to Permanent Housing funding, and a report on activities of the Committee, ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communication be referred to Staff. Carried Dnanimousl~.. - 4 - - AND - Communication No, 326(B) - The C-q-mdianlnatitute - Re: Affordable Housing Conference. Alderman Chessman referred to a Conference to be held November 21st and 2end, 1988, at The Radisson Hotel in Toronto, with respect to the subject matter. ORDERED on the motion of Alderman Chessman, Seconded by Alderman Cummings, that the matter be forwarded to Staff to coordinate for the next Agenda of the Mayor's Housing Committee. Carried Unanimously. Communication No. 327 - Vincent Pietrocarlo, Merchants & Residents of Ferry Street - Re: Ferry Street Name Change. The petition requests Council to approve changing the name of Ferry Street, between Victoria Avenue and Main Street, to Victoria Avenue, thereby eliminating the name of Ferry Street. Mr. Pietrocarlo addressed Council on behalf of other petitioners who were in attendance. He discussed competition in the tourist industry with other tourist areas of the City, expressed the opinion that Ferry Street was not part of either the Victoria Avenue or the Lundy's Lane tourist area, and suggested that it was in the best interest of the business people, as well as visitors, that the name Ferry Street be changed to Victoria Avenue. The City Solicitor and Director of Planning & Development reviewed the process established by Council for changing a street name. Council was advised that since this was a Regional road, the Regional Municipality of Niagara would be involved, and further, that there may be concerns expressed by other persons. ORDERED on the motion of Alderman Orr~ seconded by Alderman Pay, that the matter be referred to the Street Name Change Committee and Staff for consideration, and further, that the procedure be hastened. The motion Carried with the following vote: AYE: NAYE: Aldermen Cheesman, Coville, Cummings, Harrington, Hopkins, Janvary, Orr, Pay and Turner. Aldermen Campbell and Puttick. No. 328 - Recycling Council of Ontario - Proclamation. The communication asks Council to proclaim the week of November 14th to 20th, 1988, as "Recycling Week", encourage activities and designate a representative of Staff or a volunteer to be Recycling Week Coordinator. ORDERED on the motion of Alderman Cummings, seconded by Alderman Turner, that the request be approved subject to established policy, and that the Maintenance & Operations Engineer coordinate the activities. Carried Unanimously. REPORTS PD-88-149 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval, Drummond Park Village Extension 26T-80003(Revised). report recommends the following: ~ -l) The That a Council resolution supporting a one year extension to the Drummond Park Village Extension draft plan of subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining the subdivision sign which concurs with Municipal and Regional requirements; 2) That a copy of this report be forwarded to the Regional Municipality of Niagara and to Group 2 Development Limited. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received'and adopted. Carried Unanimously. See Resolution No. 97. PD-88-153 - Chief Administrative Officer - Re: Residential Development Review (January - June 1988). The report recommends that this report be received and filed for information purposes· . ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. !e-88-166 - Chief Adainistrative Officer - Re~ Contract E.G. 28-88 - Road and Sidewalk Construction in West Meadow and Drummond Park Phase I1 Subdivision· -5 - The report recommends that the unit prices submitted by the low tendeter, North- land Bitulithic Ltd., be accepted and this contract be awarded. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously.. See Resolution No. 98. See By-law No. 88-250. 0-88-32 - Chief Administrative Officer - Re: 333483 Ontario Limited Purchase from City Of Niagara Falls of Lots 6, 16, 18 & 19s Falls Industrial Park Extension, Plan M-67. The report recommends that the Agreements of Purchase and Sale of Lots 18 and 19, Plan M-67, be amended to accommodate a request of the Purchaser that his firm be permitted to erect one building on Lots 18 and 19, and that the said building be constructed across the common lot line of Lots 18 and 19. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. 0-88-J3 - Chief Administrative Officer - Re: Lot 13, Plan M-67, Falls Industrial Park. The report recommends that the building permit be issued for Lot 13, Plan M-67, and that the Municipality not exercise its right of repurchase at this time. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the report be received and adopted, with the operative words being "at this time". Carried Unanimously. F-88-51 - CMef Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,852,899.29 for the period ending October 3rd, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Orr declared a conflict of interest on Cheque No. 35408 because she is employed by the Board. Additional information was provided on Cheque Nos. 35331, 35353, 35361, 35367, 35388, 35403, 35459, 35477, 35482, and 35488. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on Cheque No. 35408 on a conflict of interest previously recorded; with Aldermen Orr and Puttick voting contrary on Cheque No. 35388; and with all others voting in favour. See By-law No. 88-252. CD-88-49 - Chief Administrative Officer - Re: (Legion Park) Parkerrs - Victoria Avenue. The report recommends that the by-law appearing later on the ageads to authorize the execution of a lease with the Ministry of Transportation for our use of a parkerrs on Victoria Aveaee~ be passed, and that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously.. See By-law No. 88-249. CD-88-50 - Chief Administrative Officer - Re: Niagara Falls Minor Hockey gale of Nevada Tickets. The report advises that the application from the Niagara Falls Minor Hockey Association for a licerice to sell break-open (Nevada) tickets at the Stamford Arena satisfies all requirements, and that Staff is prepared to issue such a licerice; and recommends that this report be received and filed for the information of City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously.. RESOLUTIONS No. 97 - CO]~INGS - JABVARY - RESOLVED that the Council of the Corporation of the City of Niagara Falls supports a one year extension to the Drummond Park Village Extension draft plan of subdivision - File No. 26T-80003(Revised); conditional upon the applicant maintaining the subdivision sign which concurs with Municipal and Regional requirements; and that the Regional Municipality of Niagara be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimous17. -6- No, 98 - (~IEMSMAN- PAY - RESOLVED that the unit prices submitted by Northland Bitulithic Ltd., for Contract R.C. 28-88 - Road and Sidewalk Construction in West Meadow and Drummond Park Phase II Subdivision, be accepted at the low tendered amount of $258,477.62; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 99 - CHEESMAM- ~OPKINS - RESOLVED that a message of condolence be forwarded to the family of the late Edward Bruce Jay, a former teacher at Stamford High School, organizer of the "J" Singers, a member of L.A.C.A.C., and a highly respected citizen of the community; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws, and the by-laws be read a f~rst time: Mo. 88-220 - A by-law to amend By-law No. 6867, 1965 as amended, being a by-law to regulate the handling, collecting and disposal of garbage, ashes and other refuse. In. 88-249 - A by-law to authorize the execution of a lease with the Minister of Transportation for the Province of Ontario. Mo. 88-250 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited for curbs, gutters, and base asphalt construction in the West Meadow Subdivision end surface asphalt and sidewalk construction in the Drummond Park Village Phase II Subdivision. Mo. 88-251 - A by-law to repeal By-law No. 88-247, being a by-law to establish a one foot reserve as a public highway. Me. 88-252 - A by-law to provide monies for general purposes. The motion Carried with Alderman Orr abstaining from the vote on By-law No. 88-252 on ac'~ct of interest previously recorded under Report No. F-88-51; with Aldermen OfT and Puttick voting contrary on By-law No. 88-252 as previously recorded under Report No. F-88-51; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-laws be now read a second and third time: ~ No. 88-220 - A by-law to amend By-law No. 6867, 1965 as amended, being a by-law to regulate the handling, collecting and disposal of garbage, ashes and other refuse. In, 88-249 - A by-law to authorize the execution of a lease with the Minister of Transportation for the Province of Ontario. In, 88-250 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited for curbs, gutters and base asphalt construction in the West Meadow Subdivision and surface asphalt and sidewalk construction in the Drummond Park Village Phase I1 Subdivision, ~o, 88-251 - A by-law to repeal By-law No. 88-247, being a by-law to establish a one foot reserve as a public highway, No, 88-252 - A by-law to provide monies for general purposes. The motion Carried with Alderman Orr abstaining from the vote on By-law No, 88-252 on aco'~nict of interest previously recorded; with Aldermen Orr and Puttick voting contrary on By-law No. 88-252 as previously recorded; and with nil others voting in favour. -7- NEW BUSINESS GASAI~O Purchase - The Chief Administrative Officer referred to the approval of the Finance Committee, earlier on this date, of natural gas purchase direct. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that Council approve the purchase of natural gas direct. Carried Unanimously. City Policy Grievance - The Chief Administrative Officer stated that Council endorsed a resolution in Committee of the Whole, regarding a policy grievance in the Fire Department. ORDERED on the motion of Alderman 0rr, seconded by Alderman Pay, that the decision made in Committee of the Whole be ratified and the recommendation that Council endorse the resolution regarding the policy grievance be approved. Carried Unanimously. Niagara Falls Memorial Arena - His Worship Mayor Smeaton referred to the handout letter from Alderman Puttick which suggested that Council should advise citizens that the name of the Niagara Falls Memorial Arena would not be changed, and that advertisers using the name Thunderdome should be discouraged. Tree Cutting - Proposed Industrial Park/Montrose Road - Alderman Puttick expressed concern regarding the extensive cutting of trees on the former Welland Securities property on Montrose Road. The Chief Administra- tive Officer discussed the option on the land by the City for the possible development of a business park, the provisions of the option agreement regarding the removal of trees, complaints received regarding the possible removal of trees "indiscriminately", and the understanding that the trees were being removed under the direction of the Ministry of Natural Resources. Me discussed attempts to investigate the matter with respect to Ministry involvement, as well as a Regional by-law governing the removal of trees. The Chief Administrative Officer stated that he would take further action on October 4th, 1988 regarding this matter. A report was requested for the next meeting of Councll. Conference - Real Estmte & Nunicipol Law - Alderman Cheesman referred to a Conference scheduled for November 24th, 1988 at the Radisson Hotel in Don Mills, Ontario with respect to the subject matter, and suggested approval of the registration fee of $395.00 plus gasoline costs for a Staff member to attend. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that the matter be referred to Staff. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Covllle, Cummings, Harrington, Hopkins, Janvary, Pay, Puttick and Turner. NAYE: Alderman Orr. Condition of Road - Jill Drive - Alderman Herrington referred to complaints received at a recent Municipal Works Committee meeting regarding the condition of Jill Drive. The Maintenance & Operations Engineer advised that immediate action would be taken concerning this matter. ·. .</. . . . . . . >~/~~*N~~EKK MAYOR LIAM S. SMEATON THIRTY-SEVENTH MEETING COmmITTEE OF THE WHOLE Committee Room #1 October 17, 1988 Council met on Monday, October 17th, 1988, at 7:00 p.m. in Committee of the ~hole. All members of Council, with the exception of Alderman Campbell, who was at the Hospital Board Convention, were present. Alderman Turner presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, PLANNING/REGULAR MEETING Council Chambers October 17, 1988 Council met on Monday, October 17th, 1988, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Campbell, who was at the Hospital Board Convention, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Chessman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the regular meeting held October 3rd, 1988, be adopted as printed. Carried Unanimously. WELCOME GRADE XlII STUDENTS - STAMFORD COLLEGIATE - His Worship Mayor Smeaton welcomed Mr. David Wishert and a number of students from Stamford Collegiate Vocational Institute to the meeting. REPORTS - PLANNING MATTERS PD-88-164 - Chief Administrative Officer - Re: Zoning Amendment Application AM-36/88, 502759 Ontario Corp. (Sam Mingle), southwest corner of Victoria Avenue and Roberrs gtreet. The report recommends the following: 1) That Council support the general intent of zoning amendment application AM-36/88 subject to the specific recommendations contained in this report regarding building height, density of development, and landscaping. 2) That staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting. 3) That the lands be placed under Site Plan Control in order to address such matters as fencing, landscaping, entrances, lighting signage, parking, etc. 4) That the applicant and Regional Municipality of Niagara be advised accordingly. - 2- - 3- C~unication No. 329 - Mr. Robert G. Wilson - Re: Proposed High-Rise Hotel. The communication outlines Mr. WilsonIs concerns respecting notification and lot coverage. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the procedure to be followed under the Planning Act, 1983. The Clerk advised that the property is located partially on the west side of Victoria Avenue and the south side of Roberts Street, through to Kitchener Street. Municipally, the lands are known as 5415-5425 Victoria Avenue, 4860, 4870, 4892 and 4898 Roberts Street and 4873 and 4889 Kitchener Street. The applicant proposes to amend the Zoning By-law to permit the construction of a 10 storey hotel on a parcel of land and also to permit some of the parking required for the hotel to be provided on a 0.14 hectareparcel to be used in conjunction with the proposed hotel development. He further advised that the Notices of the Public Meeting had been forwarded on September 8, 1988 being thirty-nine days ago which meets the requirements of the Planning Act, 1983. His Worship Mayor Smeaton indicated the presence of Mr. Guy Ungaro, Solicitor for the applicant, and received a positive response to his request for a show of hands indicating the'presence of persons in favour of, or opposed to the application. He advised that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information contained in Technical Report No. PD-88-148: Development Proposal; Official Plan; Zoning By-Law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He stated that the use of the subject lands for a high-rise hotel development is appropriate and that the rezoning of the lands should reflect a maximum building height of 9 storeys, a maximum number of 96 hotel units, and 25% landscaping. Several Aldermen commented on the contents of the report as it relates to additional parking as a result of lease arrangements with the Ministry of Transportation, bus parking, building set-back, building height, and landscaping. Mr. Guy Ungaro addressed Council on behalf of the applicant. He referred to a second preliminary drawing and answered questions raised concerning parking, landscaping, building height, and bus parking. Mr. Ungaro informed Council that the applicant would purchase the adjoining lands from the Ministry of Transportation and that the development would be desirable and an improvement to the City. Mr. Larry McRae, a Trustee on the Board of the Kitchener Street United Church, of 4898 Kitchener Street, expressed his concerns about the fact that the overflow of parking resulting from the proposed develo~nent might possibly affect the Church parking lot. He also suggested that perhaps a parking meter could be installed or that a one-hour parking limit be enforced to eliminate long term parking on Kitchener Street. Mr. Tony Pietrangelo and Mrs. Bobble Ann Pietrangelo of 4881 Stamford Street expressed their concerns with the proposed increase in traffic and the safety of small children on Stamford Street. They suggested that perhaps the street could be made "one-way" or more stop signs installed. Alderman Cummings, as Chairman of the Parking and Traffic Committee, stated that various stop signs had been erected on McRae Street several years ago to slow down traffic. He sald that the Committee had been anticipating a similar request from the residents on Stamford Street. His Worship Mayor Smeaton inquired if Stamford Street was going to be resurfaced or if there was going to be a road allowance. The Deputy Director of Municipal Works, Mr. Michael Lostracco, gave a negative response. Since no further comments were forthcoming, His Worship Mayor ~meaton declared the Public Meetlug closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed and the report be recelved and adopted. Carried Unanimously. At this point, it was moved by Alderman Coville, seconded by Alderman Janvary, that the Deputation of Mr. Domenic Calabretta be brought forward from the order of business. Carried Unanimously. DEPUTATION PRIVATE ROAD CROSSING AT LYONS CREEK IN COOKS MILLS ~nREA - MR. DOMENIC CALABRETTA - C~a~unication No, 330 (A) - Domenic Calabretta - Re: Private Road Crossing at Lyons Creek in Cooks Mills Area. The communication expresses concerns for our natural resources, a desire to protect natural environments, and the preservation of our wildlife. The communication attaches a copy of an article entitled "Wetlands in Jeopardy" from the Welland Tribune dated Thursday, September 29, 1988. - AND - Cce~nunication No. 330 (B) - Domenic Calabretta - Re: Private Road Crossing at Lyons Creek in Cooks Mills Area. The communication requests the support of Council to uphold the protection of Lyons Creek by not allowing the roadway to be constructed, by enforcing a return to the original state, by ensuring that further encroachment of Lyons Creek not be allowed, by presenting a request to the Ministry of Natural Resources to take immediate action to provide legislation to prohibit this type of encroachment of tbe wetlands from happening, and to advise and support the Welland City Council in their endeavour to uphold the preservation of the wetlands. The communication attaches a petition with over 90 signatures and two articles respecting the wetlands. - AND - C~a~a~unication No. 330 (C) - Niagara Falls Nature Club - Re: Lyons Creek Construction Activity. The communication expresses strong disapproval of any construction that could be both detrimental to the well being of Lyons Creek and opposed to the best principles of conservation. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that Council support the concerns raised by Mr. Calabretta respecting the interference with the flow of Lyons Creek and that the City of Welland be so advised; and that the City write to Mr. Vincent Kerrio, M.P.P., outlining our concerns. Carried Unanimously. His Worship Mayor Smeaton announced that Council would now continue to consider the Planning Committee matters. REPORTS - PLANNING MATTERS PD-88-160 - Chief Administrative Officer - Re: Zoning Amendment Application AM-37/88, Ron and Sandra Jones, 6787 Dorchester Road. The report recommends that Council not support the proposed amendment to the Zoning By-law to permit the intensification of the subject lands for commercial purposes. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983, as in the previous Zoning Amendment Application, would be followed. The Clerk advised that the property is located on the northwest corner of the intersection of Dorchester Road and Margaret Street and is known municipally as 6787 Dorchester Road, being Oil-Tech (Niagara). He further advised that the Notices of the Public Meeting had been forwarded on September 14, 1988 being thirty-three days ago which meets the requirements of the Planning Act, 1983. His Worship Mayor Smeaton noted the presence of Mr. Ron Jones, the applicant, and received a positive response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application. He advised 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. -4- Alderman Puttick declared a conflict of interest to the rezoning as his place of employment, Hamburg Honda, is located two or three blocks away from the subject property and retired from the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information contained in Technical Report No. PD-88-143: Development Proposal; Official Plan; Zoning By-Law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He stated that the applicant proposes to amend the Zoning By-law to permit the use of the subject lands for a new and used car sales and vehicle and trailer rental establishment. He recommended that Council not support the application because the amendment, if approved, would permit the use of a property to intensify beyond what was initially intended when the service station was recognized and legalized in 1972 and suggested that the applicant should be encouraged to locate in an area where it will have less of an impact on an established neighbourhood. Mr. Ron Jones of 6787 Dorchester Road addressed Council on his own behalf. He infomed Council that the selling of cars would produce less traffic flow, his main intent would be to sell good quality used cars rather than have wrecks lined up on the property, the lighting was compatible, and since there were no objections to his proposal, he would maintain the property. Aideman Cheesman expressed concerns that the subject land could be used for other uses and the Chief Administrative Officer stated that the drawing posted indicated that many cars would conjest the intersection of the small property. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Aideman Hopkins, seconded by Alderman Turner, that the report be received and adopted. The motion Carried with Aldeman Puttick abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cheesman, Coville, Herrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Turner. NAYE: Alderman Cthmmings. Alderman Puttick returned to the meeting. PD-88-163 - Chief Administrative Officer - Re: Zoning Amendment Application AM-38/88, R. Mastracci, 5765 Montrose Road. The report recommends the following: 1) That Councll support the application to amend the zening of the subject lands to permit them to be used for parking as detailed in PD-88-146. 2) That staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting. 3) That the lands be placed under Site Plan Control in order to addrese such matters as fencing, landscaping, entrances, curbing, lighting, etc. 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. Ccs~aunication No, 331 - Canadian National Railway - Re: Proposed Zoning By-law Amendment of 5765 Montrose Road. The communication offers no objections, however, the Canadian National Railway wishes to point out that their right-of-way will be in close proximity of future development and wishes to advise that it will not be responsible for complaints or claims arising from its operations. His Worship Mayor Smeaton declared the Publlc Meeting open and advised that the procedure under tile Planning Act, 1983, as in the previous application~ would be followed. - 5 - The Clerk advised that the property is located on the west side of Montrose Road immediately north of the Rendezvous Motel and is known municipally as 5765 Montrose Road. He further advised that the Notices of the Public Meeting had been forwarded on September 14, 1988 being thirty-three days ago which meets the requirements of the Planning Act, 1983. His Worship Mayor Smeaton indicated the presence of Mr. Dante Marineill, Solicitor on behalf of the applicant, and received a positive response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application. He advised that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information contained in Technical Report No. PD-88-146: Development Proposal; Official Plan; Zoning By-Law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He stated that the applicant proposes to amend the Zoning By-law to permit a parking lot on the subject lands to be used in connection with the redevelopment of the Rendezvous Motel to the south. Mrs. Elizabeth Uhlig of 7642 Wayne Street and Mrs. Wilma Morrison of 7641 Wayne Street addressed Council and outlined their concerns respecting the height of the property, fencing, lighting, and capability of the sewers. Mr. Dante Marineill, Solicitor for the applicant, indicated that a Landscaping Plan had been submitted which included a privacy fence and the location of lighting as well. He also stated that there were no additional lands available for parking other than the subject lands in question. Aideman Janvary suggested that the Deputy Director of Municipal Works contact Mrs. Uhlig and Mrs. Morrison to attend a future meeting in order to alleviate their concerns regarding drainage and sewage. Since no further conunents were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be received and filed and the report be received and adopted. Carried Unanimously. At this point, it was moved by Alderman Puttick, seconded by Alderman Orr, that the two Property Matters (Re: CD-88-54 and CD-88-55) be brought forward from the order of business. Carried Unanimously. REPORTS CD-88-54 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Montrose Manors", Owner: George Schneider Holdings Limited, File No. 26T-88016. The report recommends that the "Montrose Manors" Subdivision be approved subject to the conditions enumerated in this report. Mr. Ray Matthews, Surveyor from Matthews and Cameron Ltd., requested that two Changes be noted on Item #10 and Item #12. In Item #10, he suggested that the words "proposed walkway" be changed to "an area along the line" and in Item ~12, the words "pedestrian footpath" be changed to "easement". After some discussion, it was moved by Aideman Puttick, seconded by Alderman Harrington, that the report be received and adopted subject to negotiations with the applicant and City staff on Items #10 and #12. Carried Unanimously. CD-88-55 - Chief Administrative Officer - Re: Extension of Urban Service Area Boundaries, Mr. Peter Aiello, West side of Kalar Road to the North of Lundy's Lane. The report recommends that Council pass the by-law appearing on this agenda to extend the boundaries of Urban Service Area No. I to include the property owned by Mr. Peter Aiello, located on the west side of Kalar Road, within Township Lot 122. - 6 - ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-Law No. 88-262. His Worship Mayor Smeaton announced that Council would now continue to consider the Planning Committee matters. REPORTS - PLANNING MATTERS PD-88-167 - Chief Administrative Officer - Re: Zoning Amendment Application AM-39/88 - AND - Official Plan Amendment No. 176, Falloncrest Properties Inc., Northwest intersection of Oakwood Drive and McLeod Road. The report recommends the following: That Council support the application to amend the designation and zoning of the subject lands permitting the construction of a 10 storey office complex as detailed in PD-88-158. 2) Tha't the applicant be required to undertake a Traffic Impact Study to the satisfaction of the City's Municipal Works Department. 3) That the applicant be required to design a storm sewer system outletting into the Hydro Power Canal and that proper easements and permission be obtained. 4) That staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting. 5) That the lands be placed under Site Plan Control in order to address such matters as landscaping, parking, lighting, grading, etc. 6) That the applicant and the Regional Municipality of Niagara be advised accordingly. Co~nunication No. 332 - Regional Municipality of Niagara, Planning and Development Department - Re: Preliminary Application AM-39/88, Commercial Office Complex, Oakwood Drive and McLeod Road. The communication has no objections and attaches a copy of comments from the Regional Public Works Department advising of certain concerns respecting the sanitary sewers the storm water runoff outlet, and the watermain service. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983, as in the previous Zoning Amendment Application, would be followed. ~ The Clerk advised that the property is located on the northwest corner of the intersection of Oakwood Drive and McLeod Road and is formally described as Lots 1, 2, 3 and Part of Lot 4, Plan 228 and Part of Township Lot 171, formerly in the Township of Stamford, now in the City of Niagara Falls. He further advised that the Notlces of the Public Meeting had been forwarded on September 14, 1988 being thirty-three days ago which meets the requirements of the Planning Act, 1983, and because an Official Plan Amendment was involved, an advertisement was also placed in the Niagara Falls Review on September 9, 1988 being thirty-eight days ago which also meets the requirements of the Planning Act, 1983. His Worship Mayor Smeaton indicated the presence of Mr. Guy Ungaro, Solicitor on behalf of the applicant; and received a positive response to his request for a show of hands indicating the presence of persons in favour of, or opposed.to the application. He advised that all persons wishing to receive further notice of the passing of the by-law submit their n~mes 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 contained in Technical Report No. PD-88-158: Development Proposal; Official Plan; Zoning By-Law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and 8its Plan Review. He stated that the applicant proposes to amend the Official Plan and Zoning By-law to permit the construction of a 10 storey complex, including office and convenience commercial uses on a parcel of land. He recommended approval of the proposed amendments on the basis that the development will improve the City's office space inventory. Mr. Guy Ungaro, Solicitor for the applicant, informed Council that a Trafiic Impact Study had not been received as yet and that the applicant was going to comply with the requirements concerning the storm sewer outlet. He stated that the proposal was positive for the City and the area. Alderman Puttick indicated concern that the proposed builders of the Courthouse downtown were having difficulty leasing office space, however, he felt that an office complex in the McLeod - Oakwood area would probably attract sufficient tenants and that this would be good for the area. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the communication be received and filed and the report be received and adopted. Carried Unanimously. PD-88-161 - Chief Administrative Officer - Re: Zoning Amendment Application AM-40/88, Liberal Catholic Diocese of Niagara, West side of Palmer Avenue. The report recommends the following: 1) That Council support the application to amend the zoning of the subject lands to permit residential development as detailed in PD-88-150. 2) That any development be required to provide front yard setbacks of 6 metres (20 ft.). 3) That staff be directed to prepare the necessary by-law amending Zoning By-law 79-200 for enactment at a subsequent Council meeting. 4) That the applicant be required to enter into a development agreement with the Municipality. 5) That staff be directed to prepare the necessary by-law exempting the subject lands from Part Lot Control for enactment at a subsequent Council meeting. 6) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983, as in the previous application, would be followed. The Clerk advised that the property is located on the west side of Palmer Avenue and is formally described as Lots 12 to 16, Plan 285, in the City of Niagara Falls. The subject lands comprise a portion of the property now known as St. Luke~s Church and the Holy Family Parish Centre. He further advised that the Notices of the Public Meeting had been forwarded on September 14, 1988 being thirty-three days ago which meets the requirements of the Planning Act, 1983. His Worship Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of persons in fayour of, or opposed to the application. He advised that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information contained in Technical Report PD-88-150: Development Proposal; Official Plan; Zoning By-Law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. He stated that the applicant proposes to amend the Zoning by-law to permit the construction of semi-detached dwellings on 4 parcels of land. - 8- Ms. Adriana Corbi addressed Council on behalf of her father and mother, Mr. & Mrs. Mario Corbi of 5102 McGlashan Crescent. She expressed her concerns with respect to the height of the proposed semi-detached dwellings, how much property would be left from her parents property line to the dwellings, and the possibility that her parents home would depreciate in value. Mr. Nick Louras of 4466 Latina Crescent, the applicant and developer, addressed Council on his own behalf. He stated that the semi-detached dwellings would improve and enhance the area and allow larger back yards to the adjoining neighbours. His Worship Mayor Smeaton and Alderman Turner inquired if Mr. Louras was in fact going to build semi-detached dwellings and not two-storey dwellings, thereby, alleviating Ms. Corbi's concerns. The Director of Planning and Development informed Council that he has encouraged the developer to stay within the guidelines of the Zoning By-law. Since no further conunents were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD-88-159 - Chief Administrative Officer - Re: Zoning Amendment Application AM-41/88, T.G. Bright & Co. Limited, East side of Dorchester Road. The report reconunends the following: 1) That Council support the application to amend the zoning of the subject lands permitting the construction of a one-storey insurance office, as detailed in PD-88-156. 2) That staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting. 3) That the lands be placed under Site Plan Control in order to address such matters as landscaping, entrances, fencing, lighting, parking, etc. 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. C~zaunication No. 333 - Canadian National Railway - Re: Proposed Zoning By-Law Amendment for the Construction of a Single-Storey Office Building at Dorchester Road, South of Morrison Street. The communication does not favour the locating of any new residential or commercial development adjacent to their right-of-way. The communication also attaches a copy of the Canadian National Railway's "Proposed Provincial Policy" for perusal. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983, as in the previous application, would be followed. The Clerk advised that the property is located on the east side of Dorchester Road and is known municipally as Part of Township Lot 107. The Bright's Wines Complex is located opposite the subject lands on the west side of Dorchester Road. He further advised that the Notices of the Public Meeting had been forwarded on September 16, 1988 being thirty-one days ago which meets the requirements of the Planning Act, 1983. Alderman Pay declared a conflict of interest to the rezoning because he ls employed at Metro Insurance Adjusters Inc., which is the same type of profession. His Worship Mayor Smeaton noted the presence of Mr. Philip Fisher of River Realty Development Limited and received a positive response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application. He advised 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. -- 9 - The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information contained in Technical Report PD-88-156: Development Proposal; Official Plan; Zoning By-Law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He stated that the applicant proposes to amend the City's Zoning By-law to permit the construction of a one-storey insurance office. Mr. Philip Fisher addressed Council on behalf of the applicant and stated that since the land is presently surplus to their needs, T.G. Bright wishes to develop it. As the land is currently being utilized as a parking lot, an insurance office would conform with the Official Plan. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be received and filed and the report be received and adopted. The motion Carried with Alderman Pay abstaining from the vote on a conflict of interest previously recorded; and with all others voting in fayour. PD-88-166 - Chief Administrative Officer - Re: Official Plan Amendment No. 174, City of Niagara Falls, Pt. Twp. Lot 170, Northeast Intersection of Kalar and McLeod Roads. The report recommends the following: 1) That Council support the amendment to the Official Plan permitting the future development of the subject lands for residential purposes, as detailed in PD-88-157. 2) That staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting. 3) That the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983, as in the previous application, would be followed. The Clerk advised that the properties subject to this amendment are vacant parcels of land located on the north side of McLeod Road, east of Kalar Road. He further advised that because an Official Plan Amendment was involved, an advertisement was placed in the Niagara Falls Review on September 9, 1988 being thirty-eight days ago which meets the requirements of the Planning Act, 1983. His Worship Mayor Smeaton received a negative response to his request for a show of hands indicating the presence of persons in fayour of, or opposed to the application. He advised that all persons wishing to receive further notice of the passing of the by-law 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 contained in Technical Report PD-88-157: Development Proposal; Official Plan; Zoning By-Law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. He stated that the City of Niagara Falls proposes to amend the Official Plan to permit the future development of the subject lands for residential purposes which are ideally situated in relation to parks, open space, transit, schools, roadways, and shopping. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PD-88-162 - Chief Administrative Officer - Re: Official Plan Amendment No. 177, T.G. Bright & Co. Limited, Block F, Plan 876~ Morrison Street. The report recommends the following: - 10 - - 11 - 1) That Council support the application to amend the designation of the subject lands to permit the development of an industrial plan of subdivision as detailed in PD-88-152. That the development of the subject lands be by means of a Registered Plan of Subdivision. That the applicant satisfy any requirements of the Niagara Regional Public Works Department. 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983, as in the previous application, would be followed. The Clerk advised that the property is located on the south side of Morrison Street, west of Bright's Wines. The lands are more formally known as Part of Bloqk F, Plan 876 in the former Township of Stamford, now in the City of Niagara Falls. He further advised that because an Official Plan Amendment was involved, an advertisement was placed in the Niagara Falls Review on September 9, 1988 being thirty-eight days ago which meets the requirements of the Planning Act, 1983. Alderman Cummings declared a conflict of interest to the rezoning because his place of employment, Acres International Limited, is relatively close to the development proposal. His Worship Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of persons in fayour of, or opposed to the application. He advised that all persons wishing to receive further notice of the passing of the by-law submit their nemes 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 contained in Technical Report pD-88-152: Development Proposal; Official Plan; Zoning By-Law; Surrounding Land Use; Corfmnents from the Public Notification Process; and Planning Review. He stated that the applicant proposes to amend the CityIs Official Plan to permit the development of an Industrial Plan of Subdivision. Mr. Philip Fisher, speaking on behalf of River Realty Development Limited, stated that no offers to purchase the subject property had been received to date. Slnce no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ~ ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Alderman Curmnings abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. 2) 3) COMMUNICATIONS No. 334 - Regional Niagara Public Works Deparh"ent - Re: Water/Sewage Flows Monthly Report for the month of August, 1988. The communication attaches Report DEP #2845 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 335 - Mr. Rob Nicholson, M.P. - Re: Chronic Care Facility Expansion - Greater Niagara General Hospital. The communication advises that the present policy of the Federal Government with respect to hospital expansions is shared costs through Federal transfer payments between the Provinces and Federal Government. ORDERED on the motion of Alderman Cunmings, seconded by Alderman Orr, that the communication be received and referred to the Greater Niagara General Hospital. Carried Unanimously. No. 336 (A) - Federal Business Development Bank - Re: Proclamation. The communication requests Council to proclaim the week of October 23rd to 29th, 1988, as "Small Business Week". ORDERED on the motion of Alderman Pay, seconded by Alderman Cunnnings, that the request be approved subject to established policy. Carried Unanimously. No. 336 (B) - Ontario Society of Occupational Therapists (OSOT) - Re: Proclamation. The communication requests Council to proclaim the week of October 24th to 30th, 1988, as "National Occupational Therapy Week". ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. No. 337 - AIDS Co~mittee of Niagara - Re: "AIDS Awareness Week". The communication informs Council that "AIDS Awareness Week" will be taking place from October 17th to 23rd, 1988, attaches a schedule of events, and extends an invitation for Council to attend the events. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the connnunication be received and filed. Carried Unanimously. No. 338 - City of Sarnia, Department of the City Clerk - Re: Canada/U.S. Free Trade Agreement. The communication asks Council to endorse a Sarnia resolution to support Federal Government in the Free Trade Agreement and advise the Prime Minister and Federal Government Leaders. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. REPORTS [~-88-169 - Chief Administrative Officer - Re: Tender for Supply, Treatment and Stockpiling Winter Sand - 1988-1989 Winter Season. The report recommends that the tender for supply and delivery of winter sand, including tile mixing of salt with this sand, be awarded to Walker Brothers Quarries Limited for the unit prices tendered by this company. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Coville, Cummings, Harrington, Hinsperger, Janvary, Orr, Pay, Puttick, and Turner. NAYE: Alderman Hopkins. See Resolution No. 100. [~4-88-170 - Chief Administrative Officer - Re: Removal Equipment for 1988-1989 Winter Season. received from: Tenders for Rental of Snow The report recommends that tenders l) Montgomery Bros. Construction for the rental of two(2) 4-wheel drive front-end loaders; 2) Modern White Line Ltd. for the rental of one(l) 4-wheel drive front-end loader; 3) L. Walter & Sons Excavating Ltd. for the rental of one(l) 4-wheel drive front-end loader and one(l) grader; 4) Pizzl General Contracting for the rental of two(2) graders and one(l) 4-wheel drive front-end loader; 5) Modern Crane for one(l) wing mounted truck plow and one(l) 4-wheel drive front-end loader; for the purpose of snow removal during the 1988-1989 winter season be accepted at hourly rates shown on the tender summary sheet. ORDERED on the motion of Alderman 3anvary~ seconded by Alderman Hlnsperger~ that the report be received and adopted. Carried Unanimousl. X. See Resolution No. 101. - 12 - M~-gB-171 - Chief Administrative Officer - Re: Contract R.M. 34-88 - 1988 Tender for Crack Sealing. The report recommends that the unit price submitted by Niagara Crack Sealing be accepted for the above contract. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously- See Resolution No. 102. See By-law No. 88-254. M~-88-172 - Chief Administrative Officer - Re: Contract R.C. 29-88 - Base Asphalt, Curbs & Gutters, and Sidewalk Construction on Ethel Street and Block "F" - Charnwood Subdivision. The report recommends that the unit prices submitted by the low tenderer, Alfidome Construction Limited be accepted and this contract be awarded. ORDERED on the motLon of Aiderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 103. See By-law No. 88-255. MW-88-173 - Chief Administrative Officer - Re: Encroachment Onto a City Easement, Lot 73, Registered Plan M-129, Pamela Drive, Mr. Renato Foschini. The report recommends that Council authorize the release of the City's easement in the area of the encroachment as per Plan 59-R-6005. ORDERED on the motion of Aideman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 88-261. - 13 - F-88-52 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,738,311.49 for the period ending October 17, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 35729 because his wife is employed by the Library. Alderman Hinsperger declared a ccnflict of interest on Cheque Nos. 35514, 35709, and 35710 because he is employed by Bell Canada. Aideman Hopkins declared a conflict of interest on Cheque No. 35729 because he is employed by the Library. In response to a question by Alderman Barrington, the Chief Administrative Officer explained that Cheque No. 35778 in the amount of $1,250.00 payable to Richard Collee Trucking & Excavating was for the demolition of a house located on the north side of Morrison Street next to Fire Station #1. Aldeman Orr expressed her opposition to Cheque Nos. 35561 and 35587. At the request of Aidemen Orr and Puttick, additional clarification was provided for Cheque Nos. 35507 and 35591. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Hinsperger, and Hopkins abstaining from the vote on Cheque Nos. 35729, 35514, 35709, and 35710 on conflicts of interest previously recorded; with Alderman Orr voting contrary on Cheque Nos. 35561 and 35587; and with all others voting in favour. See By-law No. 88-263. ~-88-178 - Chief Administrative Officer - Re: Purchase of Sewer Flow Meters for the Chippaws Sanitary Sewer Needs Study Pilot Project - File G-59. The report recommends the following: 1) Three (3) Q-Logger Flow Meters and downloading equipment be purchased from Genek Systems Ltd.; and 2) Financing in the amount of $30,000.00 be allocated from the Flooding Investigations Reserve Account. ORDERED on the motion of Aiderman Janvary, seconded by Alderman Coyills, Carried Unanimously. that the report be received and adopted. MW-88-179 - Chief Administrative Officer - Re: 1988 Capital ~udget Projects. The report recommends that the by-laws appearing on tonight~s agenda be passed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See By-law Nos. 88-25/, 88-258, 88-259, & 88-260. B-88-68 - Chief Administrative Officer - Re: School Crossing Guards. The report recommends that the information be received and filed. Alderman Cunming8 stated that he understood it was becoming increasingly difficult to retain school crossing guards because of the low pay scale. He suggested that Staff consider the problem and report back to Council. ORDERED on the motion of Adlerman Cummings, seconded by Alderman Chessman, that the report be received and referred to Staff. Carried Unanimously. Town of Fort Erie, Office of the Mayor (HANDOUT) - Re: Transfer of Fort Erie's Fire Fighting Dispatch Services. The communication requests Council to consider the taking on of Fort Erie's fire dispatch requirements on the basis of a contract, the terms of which are to be negotiated. ORDERED on the motion of Alderman 0rr, seconded by Aldeman Cummings, that the communication be received and referred to Staff for a report. Carried Unanimously. MW-88-175 - Municipal Works C~nittee (HANDOUT) - Re: The Motion on the Status Report on Extension of Urban Boundaries and Servicing of Northwest Sector. The motion is outlined as follows: flit was moved by Mayor Smeaton, seconded by AIderman Puttick, that the City of Niagara Falls approve in principle the concept of bringing an application to the Official Plan and the Zoning Amendment forward to facilitate sanitary sewer, stom sewer and water services to the lands at the south east quadrant of Kalar and Mountain Roads and request that the Regional Municipality of Nlagara carry out the necessary studies and collect pertinent data as soon as possible. Further, the report to specifically address the proposal (i.e. sanitary sewer, storm sewer and water 'services) and that it be noted that the City of Niagara Falls Council cannot endorse any expenditures until a cost-sharing arrangement has been submitted to the Council of the day and until realistic estimates of expendituresare known. Carried Unanimously." ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger~ that the motion be approved subject to the insertion of information respecting: "cost-sharing arrangement between the Regional Municipality of Niagara, the private sector (owners), and the Corporation of the City of Niagara Falls, as well as input from the Federal and Provincial Governments and agencies has been submitted to the Council of the day and until realistic estimates of expenditures are known."; and that it be referred to Staff for any further necessary revisions. Carried Unanimously. - 14 - pD-88-155 - Chief Administrative Officer (RANDOUT) - Re: Decontamination of PCBs at Niagara Falls Hydro, Virginia Street Substation and Leonard Street. The report recommends the following: 1) That Council endorse the proposal to decontaminate PCBs by Niagara Falls Hydro conditional upon - a) the proponent notifying the Fire Chief of the actual commencement of the decontamination process, b) meeting all applicable MOt standards and utilizing MOE approved technology, c)obtaining prior approval of the City if municipal water or sewers are to be used; and 2) That Council notify the MOE and the proponent regarding reconraendation number 1, that no other local permits are required, and that the 30-day notification period may be waived. - AND - Ministry of the Enviroment, Miss Allson Braithwaite (F~a. NDOUT) - Re: Rondar Inc. Destruction of PCBs for Niagara Falls Hydro. The communication requests Council's approval for the destruction of PCBs at the Virginia and Leonard Streets hydro sites. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted and that the communication be received and filed. Carried Unanimously. RESOLUTIONS No. 100 - PAY - MINSPERGER - RESOLVED that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Walker Brothers Quarries Limited for the unit prices tendered by this company; AND the Seal of the Corporation be hereto affixed. (Report MW-88-169). The Resolution Passed with Alderman Hopkins voting contrary; and with all others voting in fayour. No. lOl - JANVARY - MINSPERGER - RESOLVED that tenders received from: 1) Montgomery Bros. Construction for the rental of two(2) ~-wheel drive front-end loaders; 2) Modern White Line Ltd. for the rental of one(l) 4-wheel drive front-end loader; 3) L. Walter & Sons Excavating Ltd. for the rental of one(l) 4-wheel drive front-end loader and one(l) grader; 4) pizzi General Contracting for the rental of two(Z) graders and one(l) 4-wheel drive front-end loader; 5) Modern Crane for one(l) wing mounted truck plow and one(l) 4-wheel drive front-end loader; for the purpose of snow removal during the 1988-1989 winter season, be accepted at hourly rates shown on the tender summary sheet; AND the Seal of the Corporation be hereto affixed. (Report MW-88-170). Carried Unanimously. - 15 - No. 102 - JANVARY - HINSPERGER - RESOLVED that the unit price submitted by Niagara Crack Sealing for Contract R.M. 34-88 - 1988 'fender for Crack Sealing, be accepted at .89 cents/metre; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 103 - JANVARY - HINSPERGER - RESOLVED that the unit prices submitted by Alfidome Construction Limited for Contract R.C. 29-88 - Base Asphalt, Curbs & Gutters, and Sidewalk Construction on Ethel Street and Block "F" - Charnwood Subdivision, be accepted at the low tendered amount of $128,503.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-221 - A by-law to designate certain land not to be subject to part lot control. No, 88-222 - A by-law to authorize the execution of an agreement with 456941 Ontario Ltd. and others amending the Subdivision Agreement for the Rainbow Gardens Plan of Subdivision (Registered Plan 59M-120). No. 88-253 - A by-law to establish a one foot reserve as a public highway. No. 88-254 - A by-law to authorize the execution of an agreement with Niagara Crack Sealing for crack sealing on various road surfaces in the City of Niagara Falls. No. 88-255 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for curbs, gutters, base asphalt and sidewalk construction in Charnwood Subdivision, Ethel Street and Block "F". No. 88-256 - A by-law to authorize the execution of an agreement with the Regional Municipality of Niagara for the provision of a rain gauge at the Niagara Falls Treatment Plant. No. 88-257 - A by-law to authorize the installation of watermains as improvements to the water supply system in the Urhan Service Areas of the City. No. 88-258 No. 88-259 No. 88-260 - A by-law to authorize the execution of an agreement with the Minister of Municipal Affairs respecting a project in the City of Niagara Falls Community Improvement Project Area (Queen Street from Crysler Avenue to Buckley Avenue) under the Ontario Program for Renewal, Improvement, Development and Economic Revitalization (PRIDE). - A by-law to authorize the construction of works in the City of Niagara Falls Community Improvement Project Area (Queen Street from Crysler Avenue to Buckley Avenue). - A by-law to authorize the execution of an agreement with Delcan Corporation respecting engineering services for the Queen Street PRIDE 87/88 Project. No. 88-261 No. 88-262 No. 88-263 - A by-law to authorize a release and abandonment of an easement. - A by-law to alter the boundaries of the Urban Service Area of the City. - A by-law to provide monies for general purposes. - 16 - The motion Carried with Aldermen Cheesman, Hinsperger, and Hopkins abstaining from the vote to Cheque Nos. 35729, 35514, 35709, aod 35710 on By-law No. 88-263 on a conflict of interest previously recorded under Report No. F-88-52; with Alderman Orr voting contrary to Cheque Nos. 35561 and 35587 on By-law No. 88-263 as previously recorded under Report No. F-88-52; and with all others voting in favour. No. 88-261 - A by-law to No. 88-262 - A by-law City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Turner, that the following by-laws be now read a second and third time: No. 88-221 - A by-law to designate certain land not to be subject to part lot control. No. 88-222 - A by-law to authorize the execution of an agreement with 456941 Ontario Ltd. and others amending the Subdivision Agreement for the Rainbow Gardens Plan of Subdivision (Registered Plan 59M-120)- No. 88-253 - A by-law to establish a one foot reserve as a public highway. No. 88-254 - A by-law to authorize the execution of an agreement with Niagara Crack Sealing for crack sealing on various road surfaces in the City of Niagara Falls. No. 88-255 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for curbs, gutters, base asphalt and sidewalk construction in Charnwood Subdivision, Ethel Street and Block "F". No. 88-256 - A by-law to authorize the execution of an agreement with the Regional Municipality of Niagara for the provision of a rain gauge at the Niagara Falls Treatment Plant. No. 88-257 - A by-law to authorize the installation of watermains as improvements to the water supply system in the Urban Service Areas of the City. No. 88-258 - A by-law to authorize the execution of an agreement with the Minister of Municipal Affairs respecting a project in the City of Niagara Falls Community Improvement Project Area (Queen Street from Crysler Avenue to Buckley Avenue) under the Ontario Program for Renewal, Improvement, Development and Economic Revitalization (PRIDE). No. 88-259 - A by-law to authorize the construction of works in the City of Niagara Falls Community Improvement Project Area (Queen Street from Crysler Avenue to Buckley Avenue). No. 88-260 - A by-law to authorize the execution of an agreement with Delcan Corporation respecting engineering services for/ the Queen Street PRIDE 87/88 Project. authorize a release and abandonment of an easement. to alter the boundaries of the Urban Service Area of the No. 88-263 - A by-law to provide monies for general purposes. The motion Carried with Aldenmen Cheesman, Hinsperger, and Hopkins abstaining from the vote on By-law No. 88-263 on a conflict of interest previously recorded; with Alderman Orr voting contrary on By-law No. 88-263 as previously recorded; and with all others voting in favour. NEW BUSINESS ITF, MS OF INTEREST: McHappy Day and Recreation Volunteer Night - Alderman Janvary asked members of Council to support "McHappy Day" to be held on Wednesday, October 19, 1988 and also thanked them for attending the "Recreation - 17- Volunteer Night" which is going to be shown by Cable 14 on Tuesday, October 18, 1988 at 6:30 p.m. and Monday, October 24, 1988 at 8:00 p.m. Removal of House - Alderman Hopkins inquired about the removal of a house which is adjacent to tbe Firehall on Morrison Street. He asked if the City had a policy whereby a house could be sold when removed rather than have it demolished. Acclamation of Mayor Smeaton and Aideman Hopkins - Alderman Cummings congratulated His Worship Mayor Smeaton and Alderman Mark Hopkins on their acclafaation to Municipal Office for the next three years. Joint Council Meeting - Alderman Coville reminded Council of the joint Council meeting of Niagara Falls, Ontario and Niagara Falls, New York to be held on Tuesday, October 25, 1988 in Niagara Falls, New York. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn at 10:10 p.m. Carried Unanimously. READ AND ADOPTEO, MAYO~ THIRTY-EIGHTU MEETING COMMITTEE OF THE WHOLE Committee Room #1 October 24, 1988 Council met on Monday, October 24th, 1988, at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Janvary presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ D DO ~Jq A PTEDs REGULAR MEETING Council Chambers October 24, 1988 Council met on Monday, October 24th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the regular meeting held October 17ths 1988, be adopted as printed. Carried Unanimously. PRESENTATION GP, EA'rEK NIAGARA CE~ VETERANS CONNI'I~t~-M - His Worship Mayor Smeaton welcomed the following representatives of the Greater Niagara Central Veterans Committee to the meeting: Parade Marshal Jack Winterton; President of the Committee, Bill Soper; Deputy Parade Marshal Lea Clayton; as well as George Gray, Hershey McRae and Owen Oliver, Parade Marshal Jack Winterton assembled the colour guard in the Council Chambers~ where His Worship Mayor Smeaton presented the Greater Niagara Central Veterans Committee Flag. The Flag was placed "for all time" in the Gallery of the Council Chambers. On behalf of the Central Veterans Committee, Mr. Oliver expressed appreciation to Mayor Smeaton~ Members of City Council and the community for the presentation. WELCOM~ His Worship Mayor Smeaton welcomed former Mayor Robert Keighan, and former Alderman Norman Baker to the meeting. DEPUTATIONS NOBILE HtlRDRESSER LIC~NCE - Communication No. 339(A) - NarilynRichardson - Re: Mobile Hairdresser Licerice. The communication requests that the by-law concerning a home base for Mobile Hairdresses be considered by City Council. -2- - AND - Communication No. 339(B) - Pattielm A. Solose - Re: Mobile }lairdressing. The communication asks that the subject by-law be amended in order that a mobile hairdressing service may be permitted. Ms. Marilyn Richardson and Ms. Pattieta A. Solose were in attendance to express their concerns regarding interpretation of the by-law governing the licensing of mobile heirdressing; the need to have a hairdressing establishment in their homes and the cost involved; the necessity for such a service in the community, particularly in relation to senior citizens and disabled persons who were unable to attend a salon; referred to other mobile services performed in the community without a licenee being required; stated that their rates were reasonable; and that the alternative to performing this service was Mother's Allowance or welfare. ThelChief Administrative Officer explained that the Province provides for specific aathority to the Municipality under the Municipal Act, that by-laws may be passed by Municipalities for licensing, regulating and governin~'~arber shops and hairdressing establishments, and further that the Municipality has the authority to liceace hairdressing establishments, but not hairdressers. He quoted from sections of the Act pertaining to licensing of hairdressing establishments, and explained the conditions imposed, i.e., health regulations. During the discussion, it was suggested that the Greater Niagara General Hospital Board be approached with the possibility of using the Hospital Salon as an establishment. It was further suggested that other Municipalities might be contacted concerning this situation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the matter be referred to Staff for a report. Carried Unanimously. ST. PAW4 AVE~E WATER PROBLEM- C~}~munication No. 340 - Wayne H. Pine - Re: St. Paul Avenue Water problem. The communication requests permission to address Council regarding the subject matter. Mr. Pine stated that the Ministry of the Environment was still conduct- ing an investigation on the subject matter and would be submitting a report at a later date, referred to the report provided by a consultant of E.S. Fox at the request of the City, and stated that the report had not yet been received by the Ministry. He expressed concern that the E.S. Fox report could not be made public, and in response to questions raised, Mr. Pine stated that he had "no intention of suing the City". The Chief Administrative Officer advised that the E.S. Fox letter referred to was concerning the backwater valve, had been requested by the Municipality in the event that a claim was laid against the City for damages, and further, that under the advice of the City Solicitor, it was not being made a public document. He stated that the a copy of the report had been forwarded~to the Ministry of the Environment, and subsequently a second report. He further stated that the Ministry had expressed the view that the City was within its rights to take th~ action it had, and agreed that the reports would remain confidential. His Worship Mayor Smeaton advised that Council did not wish to take any farther action on this matter. SAHITARYLANDFILL SITE- Mr. Mark Stoner; Ms. Barb Skakich, Mr. Handyman Enterprises; Mr. John Longton; Mr. Tom Stokes, The Weed Man; and Mr. Eugene Carver, Carver's Landscap- ing; were in attendance to express their concerns regarding the City by-law which prohibits access to the City Landfill Bite for the dumping of grass cuttings from small trucks. Council was advised that the charge of $34.00 per ton at Walker Brothers Landfill Bite, and/or a back yard bin were costly alternatives; and the road condition to the Ore Rich Waste Recycling Systems Inc. made dumping in this area difficult. They suggested that a new compost dump be made available to them· Following a lengthy discussion regarding alternative methods, a motion was made by Alderman Coyills, seconded by Alderman Chessman, that the matter be referred to Staff for a report as soon as possible. Carried Unanimously. -. 3- UNFINISHED BUSINESS Communication No. 341 - National Transportation Agency of Canada - Re: VIA Rail Overnight Service Between Ottawa & Toronto. The communication provides information regarding action taken to discontinue overnight service between Ottawa and Toronto, effective October 30th, 1988. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the National Transportation Agency of Canada be advised that the concerns of Council have been resolved. COMMUNICATIONS No. 342 - Regency Hockey Club - Re: 7th Annual Hockey Tournament - November 24th to 27th, 1988, at the Stamford/Jack Bell Arenas, and November 25th, 1988 at Niagara Falls Memorial Arena. The communication requests a Special Occasion Permit for the event. ORDERED_on t~e motion that Council indicate Permit to the Regency Tournament to be held and Jack Bell Arenas; of Alderman Cummings, seconded by Alderman Harrington, it has no objection to the issuance of a special occasion Hockey Club in conjunction with their 7th Annual Hockey November 24th, 25th, 26th, and 27th, 1988 at the Stamford and November 25th, 1988 at the Niagara Falls Memorial Arena, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 344 - Downtown Niagara Falls, Board of Management - Re: Invitation to Membership Meeting of Business Improvement Area. The communication invites Council Members to the meeting scheduled for November 8th, 1988, 3asmine Gardens, Erie Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Narrington, that the communication be received and filed, and as many members as possible attend. Carried Unanimously. No. 345 (HANDOUT) - Social Planning Council of Niagara Falls - Re: Provincial Access to Permanent Housing Initiative. The communication contains information regarding the possibilfty of receiving 80% Provincial funding to provide local groups an opportunity to develop effective services to support homeless people in finding and maintaining permanent housing, providing a com- mitment is made by the Municipality to supply 20% of the funding. The Social Planning Council requests the support of Council regarding the 20% funding. ORDERED on the motion of Alderman Cummings, seconded by Alderman llarrington, that the request be approved, and that the required funding from the Municipal- ity be included in the 1989 Budget allocation of the Social Planning Council. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, tlopkins, Janvary and Turner. Aldermen Coville, Orr, Pay and Puttick. REPORTS FD-88-10 - Chief Administrative Officer - Re: 14' Body for Rescue Truck Chassis. The report recommends that the low tendered price of $44,436.00 from Wilcox Rescue Bodies of Mississauga, Ontario, be accepted, to install a 14' Rescue body on our previously purchased 1989 Model 1654 International truck chassis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report he received and adopted. Carried Unanimously. See Resolution No. 104. B-88-69 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for September 1988. The report provides information regarding Permits Issued and Highlights for geptember 1988, as well as October Proposals, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted· Carried Unanimously. -4- B-88-70 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Commercial Bakery and Coffee Shop/Bake Shop, 4256 Mostrose Road AM-18/87. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial bakery and coffee shop/bake shop, and the site plan being drawlug Number Is aud filed with the Buildings and Iuspections Department of the City of Niagara Falls ou October llth, 1988, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unauimously. NW-88-174 - Chief Administrative Officer - Re: Municipal Vehicle Fleet Equipment Purchase. The report recommends that Staff be authorized to purchase two replacement vehicles as follows: 1) 2) 3) One(l) only 1989 truck, cab and chassis with a 6 cu yard dump box from Archers Truck Services Ltd., for the total sum of $45,628.92; One(l) only 1989 model truck, cab and chassis suitable for mounting a Frink G.I. 85 - spreader body and underbody plow from Archers Truck Services Ltd. for the total sum of $40,444.92; Fu~ds obtained from equipment auctions held on April 9th, 1988, June 25th, 1988, and October 1st, 1988, for a total value of $31,711.00 be used to assist in payment of reconnnendation Nos. 1 and 2. that the report be received and adopted. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, Carried Unanimously. See Resolution No. 105. MW-88-181 - Municipal Parking & Traffic Committee - Re: Off-Street Parking Rental Rate Increase. The report recommends that the current rental rate for City-owned off-street parking be increased from $150.00 to $300.00 per space per year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Ng-88-182 - Municipal Works Cosaittee- Re: Committee Report: Proposed Street Lights in the Mountaingate Subdivision. The report recommends that decorative type street lights, as requested by the Developer, be installed in the Mountaingate Subdivision. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. R-88-45 - Chief Administrative Officer - Re: Concession Agreement with Niagara Falls Minor Hockey Association at Stamford Memorial Arena~ The report recommends that approval be given for the by-law appearing on tonight's agenda, authorizing an agreement between Niagara Falls Minor Hockey Association and the City of Niagara Falls for the operation of the Concession at Stamford Memorial Arena. ORDERED on the motion of Alderman Pay~ seconded by Alderman CUmmings, that the report be received and adopted. Carried Unanimously. See By-law No. 88-266. F-88-53 - Chief Ad~nistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,730,348.33 for the period ending October 24th, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell, who was absent from the Council meeting held on October 17th~ 1988~ declared a conflict of iuterest on Cheque No. 35507 because.he was the payees cud on Cheque No. 35587 because the Y.M.C.A. is a client· Alderman Hinsperger declared a conflict of interest on Cheque No. 35883 because he is employed with the company· Additional information was provided on Cheque No. 35967 s and additional information was requested on Cheque No. 35930. -5- ORDERED on the motion of Alderman Janvary,. seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 35883, on a conflict of interest previoasly recorded; and with all others voting in favour. See By-law No. 88-269. CD-88-51 - Chief Administrative Officer - Re: Smoking Control By-law. The report attaches Report No. CD-88-20 which includes an overview of action taken regarding the by-law, provides an update regarding signs and costs to the City, and recommends that the contents of this report be noted and that it be received and filed. During the discussion information was requested with regard to the selling of cigarettes in the local Arenas. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be recelved and adopted. Carried Unanimously. (11)-88-52 - Chief Administrative Officer - Re: Application for a Designated Property Grant - Mr. Gary Burke. The report recommends that Council approve of a grant up to a maximum of $3,000.00 for restoration of premises known as 4851 River Road. The applicant will be required to spend an amount equal to the grant provided by the Municipality. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-88-53 - Chief Adainistrative Officer - Re: Proposed Plan of Subdivision - Hunter Heights; Owned by 743211 Ontario Inc., Mr. M. Carluccio, President. The report recommends that the "Hunter Heights" Subdivision be approved subject to the conditions enumerated in this report. Mr. Greg Hynde, Hynde, Paul & Associates Inc., addressed Council on behalf of Mr. Carluccio, and referred to concerns regarding the red line revision recommended by Staff for 29 units and using an extra 1/2 acre to accommodate these units. He stated that a new design would "sterilize the Gun Club's operation of the property if anyone is successful in buying the Gun Club". He suggested that the recommendation would restrict development of the subject land. He asked Council to accept the recommendations of Staff, with the design proposed by the applicant. The Director of Planning & Development stated that the red line provisions would "ensure that planning and development of this area" was conforming to the City of Niagara Falls and any concerns of the neighbouts. He further stated that the recommendations of Staff were within the Official Plan and "sympathetic with the existing plan in the area". During the discussion~ concern was expressed regarding Recommendation No. 11, the pedestrian footpath. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Cummings, that Recommendation No. 11, respecting the pedestrian footpath, be deleted. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hinspergers Hopkins, Orrs Pays Puttick and Turner. NAYE: Alderman Janvary. Mr. Robert Keighan, 7650 Fern Avenue~ and other residents of the subject area were in attendance. On his own behalfs Mr. Keighan expressed the view that the "Planner's recommendation is a responsible approach", because it "gives the same density" as applied for, and should be acceptable to Council and the resi- dents in the area. Other interested residents stated that no one had approached the Gun Club for lands and expressed satisfaction with the recommendations in the report. Following further discussion with regard to new guidelines for affordable housing, set by the Minister of Housings to be effective January 1989~ it was moved by Alderman Hopkins, seconded by Alderman Turners that the matter be tabled in order to allow the developer an opportunity to complete any pending negotiatio.ns. It was further recommended that interested residents he notified when the matter returns to Council· The motion Carrie. d. with the following vote: -6- AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, Puttick and Turner. NAYE: Aldermen Coyills and Orr. (1)-88-56 - Chief Administrative Officer - Re: AM-15/88 Restricted Area By-law No. 88-208, Niagara Falls Firefighters Club. The report recommends that Council reaffirm its approval of By-law No. 88-208 in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the By-law and four letters of objection to the Board with the request for a hearing. - AND - Communication No. 346 (HAI~UT) - Robert Judge - Re: AM-15/88 Niagara Falls Firefighters Club. The communication expresses the opinion that the appeals to the by-law were not warranted, have been initiated as a method of causing undue delays, and asks Council to recommend to the Ontario Municipal Board that "the appeals be dismissed as frivolous and that the by-law be approved". Aldermen Campbell and Orr declared conflicts of interest because they are members of the Club, and Alderman Puttick declared a conflict of interest because he is going to be a Club member. Mr. Peter Corfield, President of the Niagara Falls Firefighters Club, and Mr. Robert 3udge, Agent for the Club were in attendance. Mr. Corfteld referred to the concerns of residents in the subject area regarding the parking situation and stated that this matter was being addressed through the by-law. ORDERED on the motion of Alderman Chessman, seconded by Alderman Marrington, that the report be received and approval of By-law No. 88-208 be reaffirmed. The motion Carried with Aldermen Campbell, Orr and Puttick abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. ORDERED on the motion of Alderman Covtlle, seconded by Alderman Chessman, that the communication he received and filed. The motion Carried with Aldermen Campbell, Orr and Puttick abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. S-88-19 - Chief Adsinistrative Officer - Re: Walkway 72(2) between Tad Street and Blocks B and C, Registered Plan M-53. The report recommends that Council take the following action with respect to the proposed closing of the public walkway running northerly from Tad Street on Registered Plan M-53: 1) Pass the by-law appearing on tonight's uganda to authorize an agreement with Jean Claude Nadon and Susan Elaine Nadon, who are the owners of the land abutting on the easterly side of the walkway, respecting the sale and conveyance of the walkway, when closed; 2) Pass the by-law to assume the walkway; 3) Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required notice of a by-law to authorize the closing and sale of the walkway. ORDERED on the motion of Alderman Cu~aings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-264 and By-law No. 88-265. ~-88-3~ - Chief Administrative Officer - Re: Removal of Trees, Pt. Twp. Lots 209 & 210, West Side of Montrose Road. That the information contained herein be noted, the report be received and filed, and the owner of the lands be requested to cooperate with the Municipality in an attempt to preserve as many trees on the subject lands as is possible. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. 7 C-88-35 - Chief Administrative Officer - Re: United Way Incentive Program for Civic Employees. The report recommends that Council approve an extra five days' vacation for the winners of the two draws of the City's 1988 United Way Incentive Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 104 - C~INGS - HIMSPERGER- RESOLVED that the unit prices submitted by Wilcox Rescue Bodies, Mfssissauga, Ontario, for a 14' Rescue body on a previously purchased 1989 Model International Truck Chassis, be accepted at the low tendered price of $44,436.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 105 - PAY - BINSPERGER- RESOLVED that the unit prices submitted by the following be accepted: l) Archers Truck Services Ltd. - One (1) 1989 truck, cab & chassis with 6 cu yard dump box - $45,628.92 2) 3) Archers Truck Services Ltd. - One (1) 1989 model truck, cab & chassis suitable for mounting a G.I. 84 - spreader body & underbody plow - - $40,444.92 Funds obtained from equipment auctions held on April 9, 1988, June 25, 1988 and October 1, 1988 for a total value of $31,711.00 be used to assist in payment of recommendation Nos. I and 2 - ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 106 - JJMARY - CUMMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Leighton A. "Hap" Emms, former owner of the Niagara Falls Flyers, a well known and respected resident of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessmen, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-264 - A by-law to authorize an agreement with owners of land abutting the easterly side of the public walkway running north from Tad Street in Registered Plan M-53.(Report No. S-88-19). No. 88-265 - A by-law to assume a public walkway in Registered Plan M-53. No. 88-266 - A by-law to authorize the execution of an agreement with the Niagara Falls Minor Hockey Association.(Report No. R-88-45). No. 88-267 - A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd. for underground services in the proposed Mount Forest Phase IV Subdivision and the Sunnyside Subdivision Stage III. No, 88-268 - A by-law to amend By-law No. 1538 (1958) of the former Township of Crowland, now in the City of Niagara Falls. (AM-25/88 Rolling Meadows Golf & Country Club, Yokum Road; Report PD-88-115 adopted by Council August 8, 1988). MO. 88-269 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 88-269 on a conflict of interest previously recorded under Report No. F-88-53; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the following by-laws be now read a second and third time: No. 88-264 - A by-law to authorize an agreement with owners of land abutting the easterly side of the public walkway running north from Tad Street in Registered Plan M-53.(Report No. S-88-19). No. 88-265 - A by-law to assume a public walkway in Registered Plan M-53. No. 88-266 - A by-law to authorize the execution of an agreement with the Niagara Falls Minor Hockey Association.(Report No. R-88-45). No. 88-267 - A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd. for underground services in the proposed Mount Forest Phase IV Subdivision and the Sunnyside Subdivision Stage III. No. 88-268 - A by-law to amend By-law No. 1538 (1958) of the former Township of Crowland, now in the City of Niagara Falls. (AM-25/88 Rolling Meadows Golf & Country Club, Yokum Road; Report PD-88-115 adopted by Council August 8, 1988). No. 88-269 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 88-269 on a conflict of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF GON~: 8wayzeDrive - Alderman Cummings commended Staff on the improvements to Swayze Drive, and advised that he had received a call from a lady, living on the south side of Swayze Drive, who felt that improvements should also be made in front of her home. The Director of Municipal Works advised that Staff was aware of the request and was trying to resolve the matter. VD-88-170, Street Mass Cosaittee, Name Ch,mge Request - Ferry.Street to Victoria Avenue - Alderman Cheesman referred to the above mentioned report which had been included in the Ageuda envelopes but was not on the Order of Business. The Chief Administrative Officer advised that this report would be considered at the next. meeting of Council. Alderman Janvary expressed the opinion that further consideration should be given this matter prior to the submission of the report to Council, Construction across from Lyons Creek/Mr. Anthony Mete- Alderman Covtlle referred to a Deputation concerning a private road crossing at Lyons Creek in the Cooks Mill area, and considered at the Council meeting held October 17th, 1988. She further referred to her attendance at a recent City of Welland Council meeting, and to that Council's denial of support for cOnstruc- tion at Lyons Creek by Mr, Mete, II'EM8 01 IN'I~wST: Renovation/VIA Rail Station - His Worship Mayor Smeaton discussed the handout letter from VIA Rail and the renovations being completed on the local VIA Rail Station, -9- Retirement Dlnner/R. Barnes - Alderman Cummings referred to the "enjoyable evening" spent at the retirement dinner for R. "Barney" Barnes, former City employee. F(~ International Program- A Practical Guide to Municipal T~inntng - Alderman Herrington referred to the Information for Council brochure received from the FCM respecting the above named subject, discussed twinning programs in other areas, and suggested that further consideration be given this matter. ltis Worship Mayor Smeaton advised that a report would be submitted from his office, in the near future, dealing with this situation. Alderman Hopkins referred to information published in the local newspaper as well as an address to the Historical Society, made by Mr. Harry Rustige, and this information would be made available to Mayor Smeaton. Advance Polls for Election - In response to questions raised by Alderman Janvary, the City Clerk stated that information regarding the Advance and Regular Polls will be included on election notification cards being mailed to residents. Highrise Development/NIagara Falls - Alderman Puttick referred to an editorial in the local newspaper today with respect to the information regarding "outdated planning regulations that stunt hotels" and the suggestion that "a new master plan - one that dictates precisely where this highrise development may be planted - is necessary". Alderman Puttick stated that the information contained in the report was erroneous, that highrise development had been approved, and suggested that Mayor Smeaton forward a letter to the Niagara Falls Review to provide accurate information on this matter. OMHC Report to Council - Alderman Puttick requested that an updated report on the Ontario Waste Management Corporation's proposed Industrial Waste site be submitted to Council. OPP Investigation - Alderman Puttick expressed agreement with Mayor Smeaton's opinion, published in the local newspaper, that the Judicial Hearing into the Niagara Region Police force should be an open hearing. His Worship Mayor Smeaton stated that he would "not be in attendance at the behind closed door hearing". ***** It was moved by Alderman Campbell, seconded by Alderman Herrington, that the meeting adjourn. Carried Unanimously. THIRTY-NINTH MEETING COMMITTEE OF THE ~tOLE Committee Room #I October 31, 1988 Council met on Monday, October 31st, 1988, at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Puttick, were present. Alderman Pay presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ~DOP~ED, ///~ REGULAR MEETING Council Chambers October 31, 1988 Council met on Monday, October 31st, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ItAlr.IJ)WK'EN -- SUPPORT lq)R UNI(~F - Alderman Janvary, dressed in a witch's costume, appealed to Council Members for their personal financial support for UNICEF and passed around a donation box. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the minutes of the regular meeting held October 24th, 1988, be adopted as printed. Carried Unanimously. PRESENTATION Y.N.C.A. - Mr. Tom Buchanan, Executive Director of the Y.M.C.A., and Mr. Joe McLaughlfn, Member of the Board were in attendance. Mr. Buchanan discussed the continuing increase in membership of the Y.M.C.A., and the need to maintain the facilities and the programs. Mr. McLaughlin, Finance Chairman for the Board of Directors of the Y.M.C.A., discussed the dramatic increase in the membership, fund raising activities past and future, and referred to the decision of the Board to extend Mr. Buahanan's position as Executive Director for two years. He presented a cheque for the City of Niagara Falls, to Mayor Smeaton, in the amount of $5,000.00 to be applied to the loan of $15,000.00, and stated that another insraiment was planned by the end of 1988. Appreciation was extended to the representatives of the Y.M.C.A. Board, Mr. Buchanan, the Y.M.C.A. Staff. They were congratulated and commended for their efforts. NIAGARA GRAPE &I/XNE FESTIVAL - 'BZST FLOAT' - ComaunicationNo. 347-Nrs. Lucillm Hilston- Re: "Maid of the Mist" City of Niagara Falls Float. The communication expresses appreciation with respect to the opportunity afforded the "Grandtimers Slo-Pitch League" to ride on the City Float in the Grape & Wine Festival Parade, advises that the City Float won the trophy for first place in the Municipal Division, and won a second trophy for the "Best Float on Parade". The communication provides information regard- ing the City Float over the past three years. -2- Mrs. Hilston reviewed past activities in relation to the City Float, and presented the "Best Float on Parade" trophy to Mayor Smeaton and Members of Council. She presented a 'hand blown beer horn' to Mr. Derek Costello in appreciation of hie efforts respecting the City Float. His Worship Mayor Smeaton expressed appreciation, on behalf of Council and the community, to both Mrs. Hilston and Derek Costclio. DEPUTATION AGE RES~ICTIONS & ADeLT SKATING AT ~RENA - Mr. James Morton was not in attendance at Council to discuss this matter. -3- No. 350 - Hank Koldenhofs Tournasent Co-Chairmans Niagara Falls Maple Leaf Village Wheelere Hockey Club - Re: 12th A1 Reid Memorial Oldtimers Hockey Tournament - January 19 - 22, 1989, Stamford, Niagara South and Niagara Falls Memorial Arenas. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara Falls Maple Leaf Village Wheelere Hockey Club in conjunc- tion with the 12th A1 Reid Memorial Oldtimers Hockey Tournament to be held January 19th, 20th, 21st, and 22nd, 1989, at Stamford, Niagara South and Niagara Falls Memorial Arenas, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. UNFINISHED BUSINESS STREET NAME COmmITTEE, NAHE CHANCE REQUEST, F~a(RY ST. TO VICTORIA AVE. - PD-88-170 - Chief Administrative Officer - Re: Change Request/Ferry Street to Victoria Avenue. following: Street Name Committee, Name The report recommends the 1) That Council not support the request to change the name of Ferry Street to Victoria Avenue; 2) That Council and the Business Community consider the Lundy's Lane street name alternative for implementation purposes and that the Regional Munici- pality of Niagara be advised accordingly. Mr. Vincent Pietrocarlo, and other interested residents of the subject area, were in attendance. Mr. Pierrecarlo stated that subsequent to the initial proposal and Staff report they were maintaining their position that the name of Ferry Street be changed to Victoria Avenue. The Chief Administrative Officer and Deputy Director of Planning & Development explained the north/south, east/west grid system, and reviewed the subject area with the petitioners who suggested that the name "West Victoria Avenue" might be considered, as opposed to Lundy's Lane. During the discussion, it was pointed out that the Main & Perry Business Association, as well as the Niagara Falls Visitor & Convention Bureau had an interest in this matter. Mayor Smeaton, with the assistance of Alderman Coville, will coordinate the discussions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be referred to Staff and the Street Name Committee for further consideration and a report as soon as possible. Carried Unanimously. COMMUNICATIONS No. 348 - Lou Narducci, Youth Appreciation Chair,an, The Optimist Club - Re: Proclamation. The communication asks Council to proclaim the week of November 6th to 12th, 1988, as "Youth Appreciation Week". ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 3A9 - Hike Tyehynski, Team Representative, Niagara Falls Pirates - Re: 7th Annual Hockey Tournament - March 30th to April 2nd, 1989, Stamford and Jack Bell Arenas. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara Falls Pirates in conjunction with their 7th Annual Hockey Tournament to be held March 30th and 31st, 1989, and April 1st, and 2nd, 1989, at the Stamford and Jack Bell Arenas, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of O;xtario. Carried Unanimously. No, 351 - lqle Corporation of the City of York - Re: Post Office. The communication asks Council to endorse a resolution requesting that the Federal Government declare the Post Office an essential service, which would outlaw all future postal strikes and institute compulsory arbitration, and inform The HonourabIe Hatvie Andre accordingly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Janvary, and Pay. NAYE: Aldermen Coville, Hopkins, err and Turner. No. 352 -~rs. DiRn~ Berketa- Re: Niagara Falls Firefighters Club. The communication attaches a letter from the Club for the information of Council. Aldermen Campbell and Orr declared conflicts of interest because they are members of the organization. ORDERED on the motion of Alderman Chessman, seconded by Alderman Turner, that the communication be received and filed. The motion Carried with Aldermen Campbell and Orr abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. REPORTS PD-88-165 - Chief Ad=~uistrative Officer - Re: original Netherby Road Allowance "Hankin Road". following: Street Name Committee Naming The report recommends the 1) That Council authorize the City Clerk to proceed with the required notification and public meeting to consider the name "Hankin Road" for the currently unnamed portion of the original Netherby Road allowance; and 2) That the appropriate approval be received from the Town of Fort Erie for the name change on this boundary road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. PD-88-168 - Chief Administrative Officer - Re: Tree Removal, Replacement and Planting Policy. The report recommends that the attached policy regarding tree removal, replacement and planting be adopted and incorporated into the Policy & Procedure Manual. During the discussion, Alderman Pay was commended on his participation as Chairman of the Committee. ORDERED on the motion of Alderman Coville, seconded by Aldermen Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay and Turner. Alderman 0rr. -4- ID-88-11 - Chief Ad=~nistrative Officer - Re: Bell Canada Maintenance Agreement. The report recommends that Council enact the by-law to authorize a maintenance agreement with Bell Canada for the Fire Department's communications equipment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 88-276. P-88-09 - Chief Administrative Officer - Re: Pay Equity. The report recommends that Staff be authorized to hire a Compensation Administrator under a two year employment contract at Salary Level ES7 to establish Job evaluation/pay equity plans for the City of Niagara Falls. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Herrington, Hinsperger, Hopkins, Janvary, Orr and Turner. NAYE: Aldermen Cummings and Pay., NW-88-185 - Chief Administrative Officer - Re: Parking Lot - Snowplowing. The report recommends that quotations from Dominion Paving Company, Ken Warden Construction Ltd., and United Contracting, for parking lot snowplowing for the Winter of 1988-1989, be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrington, that the report be received and adopted. Following a discussion, it was moved by Alderman Hopkins, seconded by Alderman Orr, that the matter be tabled for a report from Staff at the next meeting of Council, regarding any encumbrances on properties owned by the tendeters. The motion to table which took precedence, Carried with the following vote: AYE: Aldermen Campbell, Herrington, Hopkins, Janvary, Orr, Pay and Turner. NAYE: Aldermen Chessman, Coville, Cummings and Hinsperger. NM-88-186 - Chief Administrative Officer - Re: Licence Agreement with Ontario Hydro for Sand/Salt Storage Building on the West Side of Stanley Avenue across from the Service Centre. The report recommends that approval be granted to the by-law appearing on tonight's Council Agenda, which authorizes execution of a Licence Agreement with Ontario Hydro for the proposed sand/salt storage building on the west side of Stanley Avenue across from the Service Centre. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Byelaw No. 88-277. 1~-88-189 - Chief Administrative Officer - Re: 1988 Capital Budget Projects, The report recommends that the by-law appearing on tonlght's agenda be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Unanimously. See By-law Nos. 88-270, 88-271, 88-272, 88-274, and By-law No. 88-275. B-88-71 - Chief AdsinistrativeOfficer - Re: Site Plan Approval - Proposed 10 Unit Apartment Building, 6704 Thorold Stone Road; Committee of Adjustment Applications A-71/88 & A-87/88. The report recommends that the Council approve the site plan(s) on display at tonight's meetings being a proposed 10 unit apartment building and the site plan being drawing Number A-01s and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 20th, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pays seconded by Alderman Covllle, that the report be received and adopted. Carried Unanimously. - 5- B-88-72 - Chief Adstnistrative Officer - Re: Site Plan Approval - Proposed Commercial Building, 6768 Lundy's Lane. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial building, and the site plan being drawing Number A1, and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 25th, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. L B-88-73 - Chief Adsinistrative Officer - Re: Site Plan Approval - Proposed Townhouse Development on Delta Drive, Rainbow Gardens Subdivision, 59M120. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed townhouse development, and the site plan being drawing Number A1, the surface drainage and grading pian being drawing Number A2, the landscape plan being drawing Number AS, and the mechanical plan being drawing Number M-1 and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 25th, 1988, and that such approval be subject to the conditions outlined in the report., During the discussion, concern was expressed regarding construction of the berm, and it was noted that this report was for a design only, and that after the design was established, the construction might proceed as specified in the Council Minutes dated September 26, 1988, Report MW-88-161. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. B-88-74 - Chief Administrative Officer - Re: Revised Site Plan Approval - Existing 85 Bed Retirement Lodge, Cavendish Manor, 5781 & 5839 Dunn Street. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed retirement lodge, and the site plan being drawing Number 1 and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 27th, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. B-88-75 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Senior Citizens Home, Portman Residence, Dunn Street; Land Severance Application B-565/88; Committee of Adjustment Application A-77/88. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 70 unit senior citizens building, and the site plan being drawing Number A1, the landscape plan being drawing Number L1, the lot grading plan being drawing Number L2, and the mechanical plan being drawing Number M1, and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 27th, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-88-54 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $519,691.63 for the period ending October 31sts 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 36054 because he is employed with the company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 360~a conflict of interest previously recorded; and with all others voting in fayour. See B~-law No. 88-280. -6- RESOLUTIONS No, 107 - CHEFSNAN - CUIM!~S - RESOLVED that this Council does determine, in accordance with Section 34(16) of the Planning Act, 1983, that the changes to the proposed By-law Amendment (AM-21/87, 594480 Ontario Ltd., 5915 Victoria Avenue) for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 88-270 --A by-law to authorize the reconstruction of Portage Road from St. Paul Avenue to Church's Lane. No. 88-271 - A by-law to authorize the rehabilitation of the roads on certain streets. No. 88-272 No. 88-165 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. - A by-law to amend By-law No. 79-200, as amended.(AM-21/87 594480 Ontario Limited, 5815 Victoria Avenue; Report PD-88-114 recommending by-law for 9 storey 126 unit hotel based on latest revised plan approved by Council August 8, 1988). No. 88-273 - A by-law to amend By-law 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-43/87 Deborah Myers, Lyons Creek Road; Report PD-88-10 adopted by Council January 11, 1988). No. 88-274 - A by-law to authorize the reconstruction and or rehabilitation of certain sanitary sewermains as improvements to the sewage system in the Urban Service Areas of the City. No. 88-275 - A by-law to authorize the construction of storm sewermains as improvements and extensions to the sewage system in the Urban Service Areas of the City. No. 88-276 - A by-law to authorize an extended warranty plan agreement with Bell Canada. No. 88-277 - A by-law to authorize the execution of a liceace agreement with Ontario Hydro respecting parking and storage buildings for sand and salt. No. 88-278 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for engineering consulting services respecting the preparation and submission of an application for the expansion of the Mountain Road Landfill. 88-279 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Palls Planning Area,(OPA No, 174), No. 88-280 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 88-280, on a conflict of interest previously recorded under Report No. F-88-54; and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Turners that the following by-laws be now read a second time: No.'88-270 - A by-law to authorize the reconstruction of Portage Road from St, Paul Avenue to Church*s Lane. -7- No, 88-271 - A by-law to authorize the rehabilitation of the roads on certain streets. No. 88-272 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 88-165 - A by-law to amend By-law No. 79-200, as amended.(AM-21/87 594480 Ontario Limited, 5815 Victoria Avenue; Report PD-88-114 recommending by-law for 9 storey 126 unit hotel based on latest revised plan approved by Council August 8, 1988). No. 88-273 - A by-law to amend By-law 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-43/87 Deborah Myers, Lyons Creek Road; Report PD-88-10 adopted by Council January 11, 1988). No. 88-274 - A by-law to authorize the reconstruction and or rehabilitation of certain sanitary sewermains as improvements to the sewage system in the Urban Service Areas of the City. No. 88-275 - A by-law to authorize the construction of storm sewermains as improvements and extensions to the sewage system in the Urban Service Areas of the City. No, 88-276 - A by-law to authorize an extended warranty plan agreement with Bell Canada. No. 88-277 - A by-law to authorize the execution of a ltcence agreement with Ontario Hydro respecting parking and storage buildings for sand and salt. No. 88-278 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for engineering consulting services respecting the preparation and submission of an application for the expansion of the Mountain Road Landfill. No. 88-279 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area.(OPA No. 174). No. 88-280 - A by-law to provide monies for general purposes. The motion Carried with Alderman Htnsperger abstaining from the vote on By-law No. 88-280 as previously recorded; and with all others voting in fayour. NEW BUSINESS IT!~S OF CONfm~l: E.g. Fox ie!~rt/St. Paul AveDue Water Problem - Alderman Cummings referred to the above matter having been discussed in Committee of the Whole, and stated that there was nothing in the report that should be kept secret. ORDERED ou the motion of Aldermen Cummingsf seconded by Alderman Harringtouf that the report be made public, A discussion followed regarding the the Provincial legislation which provides the Municipality with the authority to control the use of documents and the extent to which they may be made public; the quality and purity of the water on St, Paul Avenue; the "internal" report which was secured for the defense of any actions brought against the City, and the advice of the City Solicitor that this document not be released; as well as the indication by the Ministry of Municipal Affairs that the document "not be released". ORDERED on the motion of Alderman Turner, seconded by Alderman Coville, that the matter be tabled until the Solicitor and the Chief Administrative Officer recommend that the letter be released. The motion Carried with the following vote: -8- FORTIETH MEETING AYE: Aldermen Campbell, Chessman, Coville, Hineperger, Hopkins, Janvary, Orr, Pay and Turner. NAYE: Aldermen Cummings and Herrington. It was moved by Alderman Orr, seconded by Alderman Pay, that the meeting be adjourned. Carried Unanimously. READ ADO ADOPTED, · · .~ . --1/~,~S..~. · ~ MAYOR WILL S. SMEATON COMMITTEE OF THE WHOLE Committee Room #1 November 7, 1988 Council met on Monday, November 7th, 1988, at 7:00 p.m. in Committee of the Nhole. All members of Council, with the exception of Alderman Herrington who was attending an All Candidates' Night, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, S. SMEATON REGULAR MEETING Councll Chambers November 7, 1988 Council met on Monday, November 7th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Harrington who was attending an All Candidates' meeting, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Covtlle offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the regular meeting held October 31st, 1988, be adopted as prlnted. Carried Unanimously. UNFINISHED BUSINESS NEW LANDFILL SITE REGHLATIONS - Report No. MW-88-192 - Chief Administrative Officer - Re: New Landfill Site Regulations· The report provides information regarding four types of wastes produced by small businesses which had approached Council at a previous meeting, and recommends that this advisory report be received and filed· Mr. Ken Smith, of the Mattress King store on Main Street, and a number of other interested persons expressed their concerns regarding the dumplug of old mattresses, grass cuttings, and other non-hazardous household wastes at the City Landfill Site, as well as the cost and time involved in the use of the Walker Brothers Landfill Site. During the discussion, reference was made to the inequalities of the by-law restrictions concerning the Landfill Site, administrative difficulties at the Site, the previous abuse of the City Landfill Site by non-residents, problems caused by the new restrictions, City pick-up from "proper dumsters" and contain- ers, as well ae a current study being conducted by Staff and anticipated report with respect to changing City equipment for garbage pick-up purposes. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Covflle, Hfnsperger, Hopkins, Janvary~ Orr, Pay, Puttick and Turner. NAYEJ Alderman Cummings.. Report Ha. C-88-36 - Chief Administrative Officer - Re: Parking Lot Snowplowing. The report recomnends that Report MW-88-185 be adopted and that Staff prepare a further report as to the possibility of including in tenders for services, a requirement that all outstanding taxes be paid in full as a condi- tion of the tender awards or that the Municipality recover outstanding business taxes through tender award or contract payment. ORDERED On the motion of Alderman Orr, seconded by Alderman Hinsperger, that Report No. C-88-36 be received and Report No. MW-88-185 be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr. that the matter be referred to the Finance Committee for consideration. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Coville, Cummings, Htnsperger, Hopkins, Janvary, Orr, Pay and Turner. Aldermen Chessman and Puttick. COMMUNICATIONS No. 353 - Janet Forfar, Information Officer, Marketin~ & I~ormation Services, Niagara College - Re: Proclamation. The communication asks Council to proclaim the week of November 21st to 27th, 1988, as "College Week". Alderman Orr declared a conflict of interest because she is employed by the College. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. The motion Carried with Alderman art abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 354 - Mr. Tim Masterson, General NA--ger, Cupola Sports Canucks - Re: Ice Rental Subsidy. The communication asks Council to approve an ice rental subsidy to the Cupola Sports Canucks, similar to the subsidy received by the Junior "C" Merchants Hockey Team. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be referred to the Finance Conunittee. Carried Unanimously. No. 355 - Regional Niagara Public Norks Department - Re: Water/Sewage Flows by Municipality, Monthly Report for September 1988. The communication attaches Report DEP-2857 for the information of Council. ORDERED on the motion of Alderman Cheesmen, seconded by Alderman Turner, that the communication be received and filed. Carried Unanimously. No. 356 - Regional Pl,mning & Develop,ant Depart,ant - Re: Housing Sites Inventory. The communication attaches Memo 1419 regarding the Housing Sites Inventory for the Niagara Region as of December 31st, 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed, and further, that a copy be forwarded to the Social Planning Council. Carried Unanimously. No. 357 - Dan Toppari, Secretary, Niagara Falls Kinsmen- Re: All-Candidates' Night. The communication invites Candidates to attend an All- Candidates' Night on Wednesday, November 9th, 1988, at 7:00 p.m., at St. Andrew's United Church, and encloses a media release. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. - 3 - REPORTS PD-88-174 - Chief Administrative Officer - Re: AM-27/86 G. & A. Scavo, 9 Storey Hotel, North Side of Ferry Street. The report recommends that City Council approve the Zoning By-law amendment for the lands on the north side of Ferry Street for a nine (9) storey hotel. ORDERED on the motion of Alderman Pay, seconded by Alderman Htnsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Cummings, Hinsperger, art, Pay, Puttick and Turner. NAYE: Aldermen Chessman, Hopkins and Janvary. P-88-12 - Chief Administrative Officer - Re: Amendments to Benefits By-law. The report recommends that the amended by-law, appearing on tonight's agenda respecting pensions and other benefits for employees not governed by a collective agreement, be passed as outlined in this Staff report. ORDERED on the motion of Alderman Cummings, seconded by Aiderman Uinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 88-285. R-88-46 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides information regarding public swimming pool attend- ance from July 1st, to September 30th, 1988, and recommends that the report be received and filed. His Worship Mayor Smeaton offered congratulations on the success of the recent Swim-A-Than. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-88-177 - Chief Administrative Officer- Re: Contract T.P. 35-88, 1988 Tree Planting Program. The report recommends that the unit prices submitted by G.M. Nurseries be accepted and this contract be awarded. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Covtlle, that the report be received and adopted. Carried Unanimously. See Resolution No. 108. See By-law No. 88-283. MW-88-191 - Municipal Works Cemmittee - Re: Committee Reports. The report recommends the following: 1) MW-88-188, Haintensnee Holdbacks for Contracts - It is recommended that: (i) The Maintenance Bond requirement for Municipal Works and Subdivision ' contracts be reduced to 50% of the contract value; The Cash Holdback-requirement for Municipal Works and Subdivision contracts be reduced to 5%, to a maximum of $5,000.00, to be reviewed again after a two year period; (iii) Performance Bond and 50% Maintenance Bond pay items be incorporated in Municipal Works and Subdivision contracts; (iv) Recommendations 1, 2 and 3 be implemented for all contracts commencing in the 1989 Construction Program. 2). H~-88-190, Street LiShting Standards for Residential Subdivisions - It is recommended that: (i) The Sylvania Nostalgia I00 watt fixture with bracket arm on a 20 foot steel pole be the official decorative style of street light standard in residential developments; and -4- (ii) Subdividers be required to maintain the same style of light standard throughout various phases of a Subdivision. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. CI)-88-57 - Chief Adlainistrative Officer - Re: Proposed Plan of Subdivision "Westlane Court"; File No. 26T-88018; Owners: Biamonte Bros. Co. Ltd. The report recon~uends that "Westlane Court" Subdivision be approved subject to the conditions enumerated in this report. Alderman Coville declared a conflict of interest because her son is employed with a business involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Covtlle abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. F-88-55 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $449,853.33 for the period ending November 7th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 36408 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 36219 and 36220 because he is employed with the company. Additional information was provided on Cheque Nos. 36233, 36238, 36239, 32253 and 36247. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Campbell, and Hinsperger abstaining from the vote on dheque Nos. 36408, 36219 and 36220 respectively, on conflicts of interest previously recorded; with Alderman Orr voting contrary on Cheque Nos. 36233 and 36408; and with all others voting in favour. F-88-56 - Chief Administrative Officer - Re: 1987 City of Niagara Falls Financial Statements. The report recommends that the attached 1987 Financial Statements for the City be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Aldermdn Htnsperger, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 108 - HINSP~ER-COVHJ.E - RESOLVED that the unit prices submitted by G.M, Nurseries for Contract T.P, 35-88 - 1988 Tree Planting Program, be accepted at the low tendered amount of $39,283,91; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. No. 109 - JANVARY - C~IN(]S - RESOLVED that a message of condolence be forwarded to the family of the late Charlane Joy Storrie, daughter of June Reid and her husband David Reid who is a City employee; AND the Seal of the Corpor- ation be hereto affixed, Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-281 - A by-law to amend By-law No. 79-200, as amended.(AM-27/86, 412259 Ontario Ltd., Giocomo & Anna Scavo, 5807 Ferry St. & 5802, 5810, 5816 & 5824 Spring Street; Application approved by Council Sept. 8, 1986 subject to resolving anticipated servicing problems & report from Staff; Report PD-88-174 on tonight's agenda). No, 88-282 - 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-27/86, 412259 Ontario Limited, G. & A. Scavo). No. 88-283 - A by-law to authorize the execution of an agreement with G.M. Nurseries for the 1988 tree planting program. No. 88-284 - A by-law to authorize the execution of an agreement with Inducon Consultants of Canada Limited for engineering consulting services respecting the investigation and examination of developing 156 acres of lands for industrial and commercial purposes in the City of Niagara Falls. No, 88-285 - A by-law respecting sick leave, pensions and other benefits for employees, (amending By-law No. 88-24). No. 88-286 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Janvary and Hopkins voting contrary on By-law No. 88-281; with Aldermen Orr and Puttick voting contrary on By-law No. 88-284; with Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 88-286, on conflicts of interest previously recorded under Report No. F-88-55; with Alderman Orr voting contrary on By-law No. 88-286 as previously recorded under Report No. F-88-55; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 88-281 - A by-law to amend By-law No. 79-200, as amended. No, 88-282 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No, 88-283 - A by-law to authorize the execution of an agreement with G.M. Nurseries for the 1988 tree planting programme. No. 88-284 - A by-law to authorize the execution of an agreement with Inducon Consultants of Canada Limited for engineering consulting services respecting the investigation and examination of developing 156 acres of lands for industrial and commercial purposes in the City of Niagara Falls. No. 88-285 - A by-law respecting sick leave, pensions and other benefits for employees, (amending By-law No. 88-24). No. 88-286 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Janvary and Uopkins voting contrary on By-law No.~81; with Aldermen Orr and Puttick voting contrary on By-law No. 88-284; with Aldermen Campbell and Hlnsperger abstaining from the vote on By-law No. 88-286, on conflicts of interest previously recorded; with Alderman Orr voting contrary on By-law No. 88-286t as previously recorded; and with all others voting in fayour, -6- NEW BUSINESS IT!~!S OF OONr~N: Hunicipal Elections - Alderman Janvary expressed concern regarding the large amount of advertising on the diverse elections and requested that clarification be given regarding the Municipal elections. His Worship Mayor Smeaton conveyed information received from the Clerk, that an article of explanation was being published in the local newspaper. He discussed the necessity of encouraging the electorate to vote. Emergency Lighting - Niagara Falls Memorial Arena - Alderman Cummings referred to a complaint received regarding a stoppage of lights during a recent Junior "A" Hockey game, and the need for emergency lighting at the Niagara Falls Memorial Arena. The Director of Parks & Recreation explained the "double failure" that had occurred, the investigation of Staff into the system which had been corrected, the training sessions for the usher~ who were now in possession of flashlights, and who had received instruction on evacuation of the Arena; and advised that a number of safeguards had been put in place. Days Inn, 4029 River Road - Site Plan- Alderman Cummings referred to the 90 day extension which had been granted to the developer, effective August 5th, 1988, in order to provide an opportunity for him to negotiate for additional property in the subject area to resolve the parking problem. The Chief Administrative Officer advised that the deadline was November 9th, 1988, and provided information that the motel owner was negotiating for the purchase of road allowance, and further, that negotiations would not be completed within the specified time period. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. In response to questions raised, the Manager of By-law Enforcement and Renewal explained the procedure. Alderman Puttick discussed the result of enquiries he had made in this respect, the extensive future plans being completed by the developer, and referred to other property owners who, in the past, bad not "lived up to the site plan". His Worship Mayor Smeaton discussed the complexity of the matter, and suggested that a further, update report be submitted to Council. Stoop & Scoop By-law- Alderman Puttick referred to his previous request for the above mentioned by-law, as well as the posting of signs in local parks. The Parks & Recreation Director advised that an experimental program in this regard had been unsuccess- ful, and further, that the information had been forwarded to the Solicitor for the preparation of a by-law. Mr. Charles W,~d - Sidewalk Deposit - Alderman Turner referred to the request of Mr. Charles Wood, at the October 3rd,. 1988 Council meetings for a return of his deposit to the City for a sidewalk. ORDERED on the motion of Alderman Turner, seconded by Alderman Campbell, that the deposit be returned. It was moved by Alderman Cummings, seconded by Alderman Orr, that the matter be tabled until the information is received from the Chief Administrative Officer that the funds should be returned. The motion to table which took precedence, Carried with the following vote: AYE: Aldermen Cheesman, Covllle, Cummings, Hinsperger, Hopkins, Janvary, Orr, and Puttick. NAYE: Aldermen Campbell, Pay and Turner, It was moved by Alderman Orr, seconded by Alderman Puttick, meeting adjourn. Carried Unanimously. that the READ AND ADOPTED, FORTY-FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #1 November 21, 1988 Council met on Monday, November 21st, 1988, at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Harrington, were present. Alderman Pnttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. R~/ADA~.TED ~ ' REGULAR MEETING Council Chambers November 21, 1988 Council met on Monday, November 21st, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Harrington, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Turner offered the Opening Prayer. WELCOME His Worship Mayor Smeaton welcomed Aldermen-Elect Bruce E. Cowan, Edison Sherat and Bruce Ward to the meeting. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Htnapsrger, that the minutes of the regular meeting held November 7th, 1988, be adopted as printed. Carried Unanimously. DEPUTATION CONSF~frAPPLICATION B-41/88 BIBLE BAPTIST CHURCH - Report No, PD-88-183 - Chief Administrative Officer - Re: Consent Application B-41/88, Bible Baptist Church (Agent - Pastor James Cunningham) - southwest corner of Beechwood Road and Uppers Lane. The report recommends that Council receive and file the correspondence submitted and allow the consent application to be considered on its own merits at the Land Division Committee. - AND - Commmieation No. 358 - Pastor James C,mtugham, Bible Baptist Church - Re: Lot Severance. The communication requests permission to address Council regard- ing the severance of a building lot from the property belonging to the Church on Beechwood Road and Upper's Lane. Pastor Cunningham explained the circumstances respecting his request for the subject lot severance, and asked Councll's consideration in this matter. During the discussions the Director of Planning & Development discussed the policy of Council and explained previous actions taken respecting the subject request for severance. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins that the communication be received and filed, and the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Coville, Cummings, Hinsperger, tlopklns, Janvary, Orr, Pay and Puttick, NAYEl Aldermen Campbell, Cheesman and Turner. UNFINISHED BUSINESS PROPOSED PLAN OF SUBDIVISION "musfza HEIGRTS" - OI/NKR: 7k3211 ONTARIO INC. Report No. CD-88-53 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Hunter Heights"- Owner: 743211 Ontario Inc., Mr. M. Carluccio, President. The report recommends that the "Hunter Heights" Subdivision be approved subject to the conditions enumerated in this report. - AND - CoMication No. 359 - Fred P. Paul, Director of Urban Design &Development Coordinations Himde Paul Associates Inc. - Re: Hunter Heights Subdivision - Regional File: 26T-88007. The communication advises that the consultants are prepared to respond to land use and other. relative issues, and requests that the subject matter be rescheduled for review by City Council at the earliest possible date. Mr. GregRynQe, and Hr. Fred P. Paul, of Hynde Paul Associates Incorporated were in attendance at the meeting. Mr. Hynde addressed Council on behalf of Mr. Carluccio, submitting an overvlew of past actions taken with respect to this proposal. Mr. Paul explained the design implications, referred to a compromise solution which includes lots enlarged to 43.3" on the north side of the subdivision, and discussed posted sketches showing the increased lot sizes which satisfies Staff and addresses concerns of some of the residents" in the area. He further discussed two alternatives designs for future multi-family develop- ment adjacent to the Gun Club. Mr. Robert Keighen, 7650 Fern Avenue; Mr. Doug Dobson, 7038 Fern Avenue; and Mrs. Marflyn Cuff, 7626 Fern Avenue, expressed their concerns regarding the sizes of lots abutting the Fern Avenue properties not being equal to those in the Fern Avenue subdivision, and discussed the zoning in the area, as well as comparative densities. In response to questions raised, the Director of Planning & Development indicated that the compromise and demonstration that Block 'B' could be developed for multiple family purposes were satisfactory, and further, that the "red line revision" which had been demonstrated to Council was a "reasonable intent to have regards for the plan". ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report he received and adopted, subject to the deletion of Recommenda- tion Nos. 10 and 11 respecting the pedestrian footpath known as Block 'B'. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Covilles Herrington, Hopkins, Janvary, Orr, Pay, Puttick and Turner. ~ NAYE: Alderman Cummings. SALE OF PORTION OF GL~IEg AVErfilE - Report No. B-88-80 - CIder AdsinistrativeOfficer - Re: Compliance with Site Plan Agreement; 4067 River Road. The report recommends the following: 1) That Council hear presentations from the Solicitor for Mr. V. DtCosimo and any residents that may be affected by the possible closing and sale of all or part of a Glenview Avenue road allowance; 2) That, if after hearing from any residents who may be affected by the closing of all or part of the subject road allowances Council is of the opinion that the closing and sale of Glenview Avenue is advisebias' said decision would be subject to the road closing provisions as contained in the Municipal Act and should he subject to the conditions included in the report. 3) That, unless a favourable decision regarding the sale of the roadway t8 made by Council, Staff will commence immediate action for compliance with the existinS Site Plan and Site Plan Agreement as provided for in Section 14 of the existing Agreement. Inasmuch as the work required has not been completed in accordance with the Agreement, the City may upon a Resolution of City Council to that effects and after Siring not less than fifteen (15) -3- days notice, enter upon the lands to complete the work required and if the costs incurred by the City are not paid within sixty (60) days, the costs can be added to the collector's roll and recovered as Municipal taxes. Aldermen Hopkins and Orr declared conflicts of interest because a member of their families has a business interest. Mr. and Mrs. Howard Martin, 4336 Leader Lane (Lot 23); and Mr. and Mrs. Walter Hawkins, 4053 Glenview Avenue (Lot 24); expressed concerns regarding the effect of the road closure on the property values in the area; inability of residents in the immediate area to use Glenview Avenue and inaccessibility to and from Ferguson Street; curtailment of safety for residents with respect to Fire and Police Departments because of the restriction on the more direct route; insufficient hotel parking; non-compliance by the owners of Days Inn with the site plan; and difficulty with regard to snow removal if a decision is made to approve the closing of Glenview Avenue. Upon request, Mr. Martin reviewed a letter from a member of Staff to a resident in the area, discussing the parking problems and suggesting an investigation of site plan compliance. The possibility of Lot Nos. 10, 11, 12, 25 and 26 being used for additional parking space was suggested. Mr. John B. Hopkins, Solicitor for the Corporation of Hospitality Motels Limited (Days Inn), and Fir. Vince DiCosimo, President of Days Inn, were in attendance. Mr. Hopkins discussed the parking problems in the area and the availability of Glenview Avenue; stated that compliance with the site plan would not resolve the parking problem, and further, that his client was seeking to provide more parking space than was required in the by-law, by purchasing a portion of Glenview Avenue from the City in order to meet the parking demand. In reply to questions raised, the Chief Administrative Officer advised that the appraised value of the roadway was $86,500.00. A discussion followed regarding Hydro and City services on Glenview Avenue, parking required in accordance with the City By-law, and the provisions of the Municipal Act for a road closure. It was suggested that a change may be required in the by-law with respect to necessary parking spaces. ORDERED on the motion of Alderman Janvary, seconded by Alderman Turner, that the report be received and Recommendation No. 3 be adopted for enforcement of the Site Plan Agreement. The motion Carried with Aldermen Hopkins and Orr abstain- ing from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummtngs~ Htnsperger, Janvary and Turner. NAYE: Aldermen Pay and Puttick. See Resolution No..lla. COMMUNICATIONS No. 360 - Regional Niagara Office of tba Clerk - Re: Tax Levy and Collection Experience Area Municipalities - 1987. The communication attaches Report DF88-152 regarding the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Turner, that the communication be received and filed. Carried UnanimousIT. No. 361 - Niagara Falls Rooster Cataracts - Re: Fifth Annual Niagara Falls Cataracts Oldtimers Hockey Tournament - March 30th and 31sts end April 1st and 2nd, 1989. The conununication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate that it has no objection to the request of the issuance of a special occasion permit to the Niagara Falls Rooster Cataracts, in conjunction with their 5th Annual Oldtimers Hockey Tournament, to he held on March 30th and 31st, and April 1st and 2nd~ 1989, at the Niagara Falls Memorial Arena, subject to the approval of the Regional Police Department~ the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 362 - City of galled - Re: Niagara Peninsula Conservation Authority Membership. The communication asks Council to endorse a resolution supporting -4- retention of the current membership allocation to the N.P.C.A. as it provides for all Municipalities in the Niagara Region to have representation on the Authority and participate in its conservation and water management activities. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the communication be referred to Staff for investigation of previous correspon- dence in this matter, and report in one week. Carried Unanimously. No. 363 - Mike Fernart, MPP, Cambridge - Re: Private Members Bill, the Gun Replica Sale Prohibition Act 1988 (Bill 145). The communication attaches a copy of Bill 145 and requests the support of Council by petitionlug the Juatlce Committee and recommending approval of the Bill. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously- No. 364 - City Clerk, City of Niagara Palls, New York - Re: Joint Work Program. The communication attaches a copy of a resolution committing the City of Niagara Palls, New York, to a Joint work program with the City of Niagara Falls, Ontario, in a cooperative effort to address environmental concerns. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that that the communication be received and the resolution he endorsed. Carried Unanimously- REPORT~ 19-88-175 - Environmental Planning Coselites - Re: Niagara River Remedial Action Plan and the Public Advisory Committee. The report recommends the following: 1) That Council inform the Ministry of the Environment that the City will nominate an Alderman to represent the City on the Public Advisory Committee after December 12th, 1988; 2) That Council members attend the public open house and public meeting scheduled for November 29th, 1988, at 6:00 p.m. in the Council Chambers. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that Recommendation No. 1 be amended to read: "That Council inform the Ministry of the Environment that the City will nominate an Alderman and citizen to represent the City on the Public Advisory Committee after December 12th, 1988;" and that the amended report be received and adopted. Carried Unanimously. Pi}-88-177 - Creening Committee - Re: Greenlog Committee Accomplishments in 1988 and Work Program for 1989. The report recommends that Council endorse the continuation of the Greenlog Committee's activities as noted in this report, and in particular, that Staff he directed to prepare revisions po the Zoning By-law and Official Plan regarding landscaping provisions as part of the 1989 work . program. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. B-88-77 - Chief Adm~nistrative Officer - Re: Site Plan Approval - Proposed Niagara Palls Brewing Company; 6853 & 6863 Lundy's Lane. The rapoft recommends that Council approve the site plan(s) on display at tonight.'s meeting, being a proposed commercial building, and the site plan being drawing Number A-l, and ~" the mechanical plan being drawing Number M-l, and filed with the Buildings and Inspections Department of the City of Niagara Falls on November 16th, 1988, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. B-88-78 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Addition to Scotsman Hotel; 6179 Lundy's Lane· The report recommends that Council approve the site plan(s) on display at tonight's meeting, being a proposed motel addition, and the site plan being drawing Number 1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on November 16th, 1988, and that such approval be subject to the conditions contained in the report· - 5- ORDERED on the motion of Alderman Coville, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Hinsperger, Janvary, Orr, Pay, Puttick and Turner. NAYE: Alderman Hopkins. B-88-79 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for October 1988. The report provides information regarding Permits Issued and Highlights for October 1988, as well as November Proposals, and 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 adopted. Carried Unanimously~ NW-88-193 - Chief Administrative Officer - Re: Recycling Initiative. The report recommends that the City of Niagara Falls participate with Niagara Recycling in a Pilot Recycling Project for high density residential buildings. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously; 1~-88-194 - Chief Administrative Officer - Re: Terms of Reference for the Subdivision Policy Review and Development Charges Study. The report recommends the following: 1) That the Terms of Reference for the Subdivision Policy Review and the Development Charges Study, be approved; and 2) That Staff be authorized to obtain proposals from qualified Consultants to carry out the Terms of Reference for the two Studies. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinaperger, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Janvary, Pay, Puttick and Turner. Alderman Orr. M/-88-195 - Chief Administrative Officer - Re: Contract S.S. 21-88 - Chippaws Storage Scheme. The report recommends the following: 1) That the contract be awarded to Volsci Construction Co. Ltd., in the amount of $378,120.20, subject to Ministry of the Environment approval; z) That the Part 'B' Works, construction of storage tanks at Sarah Street, be deleted from the contract; and 3) That the excess funds remaining in the Chippawa Flood Relief Budget be used for further Chippawa Flood Relief Works scheduled in 1989 and 1990. The Deputy Director of Municipal Works was commended on his presentation regarding the Chippaws Storage Scheme. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Turner, that the report be received and adopted. The motion Carried with the following vote: AYE: Alderman Campbell, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Janvary, Orr, Pay and Turner. NAYE: Alderman Puttick. See Resolution No. 110. See By-law No. 88-287. HM-88-197 - Chief Administrative Officer - Re: Sand/Salt Storage Tender. The report recommends that Gambrel Structures Limited be awarded the contract to construct the sand/salt storage building at a tendered price of $169,071.34. Council was advised that this report has been withdrawn. -6- F-88-57 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,904,648.08 for the period ending November 21st, 1988, be approved by the passing of the by-law appearing later on the uganda. Alderman Htnsperger declared a conflict of interest on Cheque Nos. 36433 and 36559 because he is employed by the company. Alderman Hopkins declared a conflict of interest on Cheque No. 36544 because he involved in the organization. Additional information Was provided on Cheque Nos. 36444, 36445 and 36633. ORDERED on the motion of Alderman Janvary, seconded by Alderman Turner, that the report be received and adopted. The motion Carried with Aldermen Hinsperger and Hopkins abstaining from the vote on Cheque Nos.'~33, 36559 and 36544 respec- tively, on conflicts of interest previously recorded; and with all others voting in fayour. See By-law No. 88-288. RESOLUTIONS ~o. 110 - HINSPEF~ER- TUI~- RESOLVED that Contract S.S. 21-88, Chippawa Storage Scheme be awarded as follows: 1) That the contract be awarded to Volsci Construction Co. Ltd., in the amount of $378,120.20, subject to Ministry of the Environment approval; 2) That the Part 'B' Works, construction of storage tanks at Sarah Street, be deleted from the contract; and 3) That the excess funds remaining in the Chtppawa Flood Relief Budget be used for further Chippaws Flood Relief Works scheduled in 1989 and 1990 ; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Puttick voting contrary, and with all others voting in fayour. No, 111 - CUMMII~S - HINSPI~- RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for interim payment under the Public Transportation and Highway Improvement Act on expenditures made in the year 1988 in the amount of $5,452,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 112 - CU~NGS - NINSP~E~- RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions the Ministry of Transportation and Communications, under The Public Transportation and Highway Improvement Act, for allocation of subsidy funds for the year 1988, in the amount of $285,000.00 for the Capital Assistance Programme; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 113 - JANVArY - ~IF, l~- RESOLVED that WHEREAS the work required under the Site Plan Agreement dated December 8th~ 1986, for 4067 Kiver Road, has not been completed iu accordance with the said Agreement; BE IT THEREFORE NOW RESOLVED that the Council of the Corporation of the City of Niagara Palls hereby authorizes City Staff to commence immediate action for compliance with the existing Site Plan and Site Plan Agreement as provided iu Section 14 of the existing Agreement; AND BE IT FURTHER RESOLVED that the City may upon this resolutionof Council~ after giving not less than fifteen (15) days notice in writing to the owner~ enter upon the said lands to complete the work required, and if'the costs incurred by the City are not paid within sixty (60) days~ the costs may be added to the collector's roll and recovered as Municipal taxes; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Hopkins and Orr abstaining from the vote on conflicts of interest previously recorded; with Aldermen Pay and Puttink voting contrary; and with all others voting in favour, -7 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-287 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for the Chippawa Storage scheme. No. 88-288 - A by-law to provide monies for general purposes. The motion Carried with Alderman Puttick voting contrary on By-law No. 88-287; with Aldermen Hinsperger and Hopkins abstaining from the vote on By-law No. 88-288 on conflicts of interest previously recorded under Report No. F-88-57; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-iaws be now read a second and third time: No, 88-287 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for the Chippawa Storage scheme. No. 88-288 - A by-law to provide monies for general purposes. The motion Carried with Alderman Puttick voting contrary on By-law No. 88-287; with Aldermen Hinsperger and Hopkins abstaining from the vote on By-law No. 88-288 on conflicts of interest previously recorded; and with all others voting' in fayour. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. FORTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 November 28, 1988 Conncil met on Monday, November 28th, 1988, at 7:00 p.m. in Committee of the Whole. AI1 members of Council were present. Alderman Campbell presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers November 28, 1988 Council met on Monday, November 28th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. WELCOME His Worship Nayor Smeaton welcomed Mrs. Sharon Bassett, District Commissioner, and representatives of the 24th Niagara Girl Guides to the meeting. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the regular meeting held November 21st, 1988, be adopted as printed. Carried Unanimously. PRESENTATIONS FIRE FIGn'r~.~R - LIFE SAVING - His Worship Mayor Smeaton congratulated and presented Recognition Awards to Fire Fighters Robert Bevington and Robert Carpenter~ in recognition of their Life Saving actions during the summer of 1988. UNFINISHED BUSINESS CONSERVATION A~THORXTIES PROGRA/4 & R~LUTION FROM CITY OF ~J.AI~D - Report No, C9-88-63 - Chief Administrative Officer - Re~ Review of Conservation Authorities Program~ and Resolution from the City of Welland. The report recommends that the Resolution from the City of Welland be received and filed. ORDERED on the motion of Alderman Cummingss seconded by Alderman Ninspergers that the report be received and adopted. Carried Unanimously. -2- COMMUNI CATIONS No. 365 - Regional Niagara Office of the Clerk - Re: Draft Waste Management Master Plan. The communication attaches s copy of the Draft Waste Management Master Plan and requests that any comments be forwarded to the Regional Clerk's office prior to January 31st, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff. Carried Unanimously. No. 366 - Lion Ron Anger. Secretary, Chippawn Lions Club - Re: Annual Carnival - June 7, 8, 9, and 10, 1989. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that Council indicate that it has no objection to the request of the Chippawa Lions Club for a Special Occasion Permit in conjunction with their Annual Carnival to be held June 7th, 8th, 9th, and 10th, 1989, at Chippawa Lions Field, Niagara Street and Gunning Drive, Niagara Falls, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Healt~ Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 367 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality Monthly Report. The communication attaches the Water and Sewage Flows by Municipality Monthly Report No. DEP 2872 for October 1988. Aldermen Campbell and Hopkins requested that Staff prepare a comparison chart, on a per capita basis, and covering a 12 month period. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 368 (HANDOUT) - Association of Municipalities of Ontario (AND) - Re: Vacancies on the AMO Board of Directors. The communication advises that the Municipal elections have left 19 vacancies on the Board. ORDERED on the motion of Alderman Jauvary, seconded by Alderman Hiusperger, that Aldermeu Campbell and Chessmen be recommended to represent Council on the Board. Carried Unauimously.(NOTE: Alderman Campbell later withdrew his name). See Resolutiou No. 114. REPORTS PD-88-189 - Chief Administrative Officer - Re: Application for 1989-90 PRIDE (Program for Renewal, Improvement, Development & Economic Revitalization) Funding, File No. ST-97(c). The report recommends that the City submit to the Ministry of Municipal Affairs by November 30th, 1988, an applidation for 1989-90 PRIDE funding to extend the Queen Street community improvements through the intersection at Buckley Avenue and continue along Valley Way to Huron Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 115. 1q)-88-191 - Chief Adsinistrative Officer - Re: Proposed Crossing on tyon's Creek, Lots 10 & 11, Concession 4, former Township of Crowland. The report recommends the following: 1) That Council recommend refusal of the application for approval to fill and construct a crossing on Lyon*s Creek; and 2) That notice of Council's decision, plus this report, be sent to parties interested lu this matter, - AND - Cosmuuicatiou No. 369 (HANDOUT) - Dominic Cslabretta - Re: Proposed Crossing of Lions Creek by Mr. A. Mete. The communication objects to the proposal based upon concerns regarding preservation of the creek. Mr. Calebtetra was in attendance and expressed serious concern that the Ministry of Natural Re,Duress would be enable to take action. -3- Alderman Coville suggested that the Ministry of Natural Resources be contacted with the request that the matter be dealt with under the Lakes and Rivers Improvement Act. ORDERED on the motion of Alderman Coville, seconded by Aiderman Cummings, that the report be received and adopted, and further, that the documentation respecting the Lakes and Rivers Improvement Act be forwarded to the Hinister of Natural Resources for consideration. Carried Unanimously. B-88-67 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Hotel Complex, Robinson Street. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed tlotel Complex, and the site plan being drawing Number P.I. SK-101, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 21, 1988, and that such approval be subject to the conditions enumerated in the report. The applicant, Mr. J. Moretta, and the architect were in attendance. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. B-88-76 - City Clerk - Re: 6292 Brock Street - O.H.R.P. Loan No. 2625000817. The report recommends that Council approve the application for the Ontario Home Renewal Program, Loan No. 2625000817. ORDERED on the motion of Alderman Pay, seconded by Alderman Ninsperger, that the report be received and adopted. Carried Unanimously__~. B-88-81 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Industrial Plaza; West side Stanley Avenue, south of Thorold Stone Road AM-23/88. The report recommends that the Council approve the site plan(s) on display at tontght's meeting, being a proposed industrial plaza, and the site plan being drawing Number A-O1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on November 17, 1988, and that such approval be subject to the conditions contained in the report. Alderman Coville declared a conflict of interest because her place of business was involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. S-88-20 - Chief Administrative Officer - Re: Closing and Sale of Walkway 72(2) between Tad Street and Blocks B and C, Registered Plan M-53. The report recommends the following: 1) 2) That Council hear, at tonight's meeting, any person who claims that his or her land will be preJudicially affected by the proposed by-law to close the above walkway and who applies to be heard; That if there are no such claims, the Council pass the 2 by-laws listed on tontghtts ageride, one to stop up and dose and to authorize the sale and conveyance of the walkway, and the other to set the sale price and the period within which the abutting owners must exercise their right to purchase; 3) That Council also pass the resolution appearing on tonight~s agenda to authorize an application to the Minister of Municipal Affairs for approval of the by-law to stop up and close the walkway. There was a negative response to Mayor Smeaton's request for comments from persons present who were interested in the matter. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried UuauimouslT. See Resolution No. 116. See By-law No. 88-289 and BY-law No. 88-290. F-88-58 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,465,839.30, for the period ending November 28th, 1988, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 36707 and 37134 because he is employed with the company. Additional information was provided on Cheque No. 37218. In reply to questions raised regarding Cheque No. 36715 to the Holy Family Emergency Youth Accommodation the Chief Administrative Officer advised that the cheque was being withheld until further information had been received and a report submitted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Gorilla, that the report be received and adopted, subject to a report on Cheque No. 36715. The motion Carried with Alderman Htnsperger abstaining from the vote on Cheque Nos. 36707 and 37134 on a conflict of interest previously recorded; and with all others voting in favour. CD-8~-59 - Chief Administrative Officer - Re: AM-3/88 Restricted Area By-law No. 88-149, Official Plan Amendment No. 165 - Proposed Six Storey Hotel, North East Comer of Lundy's Lane and Belmont Avenue. The report recommends that the date of the Ontario Municipal Board Hearing, January 4th, 1989, be noted, and that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the report be received and adopted. The motion Carried with the following vote; AYE: Aldermen Campbell, Chessman, Coyills, Cummings, Hinaperger, Hopkins, Janvary, Orr, Pay, Puttick and Turner. NAYE: Alderman Harrtngton. No. CD-88-60 - Chief Administrative Officer - Re: Council Meetings - Holiday Season. The report recommends that the Council meetings normally scheduled for Monday, December 26th, 1988, and Monday, January 2nd, 1989, be cancelled. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No, C~-88-62 - Chief Adsinistrative Officer - Re: Recount - Public School Trustees. The report provides information regarding the subject matter, and recommends that the information contained in the report he noted and that it he received and filed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. (IIANDOUT) - ridersan Chessman- Re: Mayor'8 Committee on Housing. The report recommends the following: 1) 2) That His Worship the Mayor be requested to ask the Mayor's Committee on Housing to convene an Ad Hoc Sub-Committee comprising Council representa- tion, Staff and housing industry representatives to prepare comments upon, and a reply to, the recently published Provincial Policy Statement - Housin6 before the deadline of early February; That the report on the Canadian Institute Affordable Housing two-day conference in Toronto, November 21 and 22, be received and filed. Alderman Chessman referred to the handout flyer regarding the Provincial Conference on Affordable Housing in Ontario, scheduled for February 22 and 23, 1989 in Kltchener, and suggested that this information he forwarded to the Finance Committee for inclusion in the 1989 Budget discussions for Conferences. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted, Carried Unanimously. RESOLUTIONS No. 114 - JANVARY - HINSPERGKR- RESOLVED that a communication be forwarded to the Association of Municipalities of Ontario (AMO) that Alderman Cheesman be recommended a representative for Council on the Board of Directors of AgO; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 115 - CIMIN~S - ORR- RESOLVED that the City of Niagara Falls makes application to the Ministry of Municipal Affairs for a Provincial grant, in the amount of $400,000.00, for the 1989-90 PRIDE program, to extend the Queen Street community improvements through the intersection at Bucklay Avenue and continue along Valley Way to Huron Street; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 116 - CltEESMAN- (~INCg - RESOLVED that pursuant to section 298 of the Municipal Act, R.S.O. 1980, the Minister of Municipal Affairs be requested to approve By-law No. 88-289, to stop up and close and to authorize the sale and conveyance of the public walkway running northerly from Tad Street, shown as Block W on Registered Plan M-53, which was passed at the meeting of Council held on the 28th day of November, 1988; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrington, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-289 - A by-law to stop up and close and to authorize the sale and conveyance of a public walkway running northerly from Tad Street in Registered Plan M-53. No. 88-290 - A by-law to set the sale price of a closed walkway in Registered Plan M-53 and to fix the period for abutting owners to exercise their right to purchase. No. 88-291 - A by-law to amend By-law No. 79-200, as amended. (AM-29/88, 414878 Ontario Limited, 5441 Spring Street; Report PD-88-134 adopted by Council September 12, 1988). No. 88-292 - 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-29/88 414878 Ontario Limited, 5441 Spring Street). NO. 88-293 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (OPA #176 - AM-39/88, Falloncrest Prop. Inc., Oakwood Dr.; Approved by Council October 17, 1988). No. 88-294 - A by-law to provide for the adoption of an amendment to the 0fficial Plan of the Niagara Falls Planning Area. (OPA #177 - T.G. Bright & Co. Ltd., Block F, Plan 876, Morrison St.; Approved by Council October 17, 1988). No. 88-295 - A by-law to provide monies for general purposes. It was moved by Alderman Campbell, seconded by Alderman Cummings, that an amendment be made to the motion, that By-law Nos. 88-291 and 88-292 be withdrawn until the concerned persons had been notified and given au opportunity to be in attendance, The motion to amend the original motion Carried with the following vote: -6- AYE: Aldermen Campbell, Coville, Cummings, Harrington, Hinsperger, Hopkins~ Janvary, Orr, Pay, Puttick and Tuner. NAYE: Alderman Chessman. The motion to introduce the by-laws and that they be read a first time, subject to withdrawal of By-law Nos. 88-291 and 88-292, Carried with Alderman Htnsperger, abstaining from the vote on By-law No. 88-295 on a conflict of interest previously recorded under Report No. F-88-58; and with all others voting in favour. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 88-289 - A by-law to stop up and close and to authorize the sale and conveyance of a public walkway running northerly from Tad Street in Registered Plan M-53. Ho. 88-290 - A by-law to set the sale price of a closed walkway in Registered Plan M-53 and to fix the period for abutting owners to exercise their right to purchase. No. 88-291 - Withdrawn. Ro. 88-292 - Withdrawn. No. 88-293 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 88-294 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 88-295 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 88-295 as previously recorded; and with all others voting in favour. NEW BUSINESS ITKHS OF CONf~'RN: Communication - Alderman !larriugton - Alderman Harrington referred to his letter to Council with regard to his absence from two Council meetings in November. ~ ORDERED on the motion of Alderman Coville~ seconded by Alderman Campbell~ that the communication be received and filed. Carried Unanimously. Topsoil Stripping/T~p. Lot 120, West Side Uppers lane, West Ridge of Creek - Alderman Chessman referred to the communication from Miss Jean Grandoni with respect to her environmental concerns in connection with the subject matter and location. Miss Jean Orandoni was granted permission to speak on the marion of Alderman Janvary, seconded by Alderman Hopkins. She reviewed the concerns and recommendations outlined in her letter dated November 25th~ 1988 ~ and suggested that representatives from the Ministry of the Environment, in Toronto, be invited to attend a meeting to participate in discussions regarding the problem. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the matter be referred to Staff for investigation and report as soon as possible. Carried Unanimously. FC~Cosmunique - Recycling- Alderman Hopkins referred to the Recycling Conunique received from FCMf and that organizationes awareness with respect to recycling. - 7- Standing Comaittees/Chair~en- Alderman Puttick discussed the current policy and his concerns respecting the appointment of Chairmen to Standing Committees. His Worship Mayor Smeaton stated that the wishes of Council members would be followed. Use of Council CIt-mbers for Court Proceedings - Alderman Cummings referred to problems resulting from Court proceedings being held in the City Hall facilities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the use of the Council Chambers for Court proceedings be denied, and that Staff contact the Ministry for comments. The motion was Defeated with the following vote: AYE: Aldermen Campbell and Cummings. NAYE: Aldermen Chessman, Covtlle, Herrington, Htnsperger~ Hopkins, Janvary, Orr, Pay, Puttick and Turner. ORDERED on the motion of Alderman Harrington, seconded by Alderman 0rr, that the use of the Council Chambers be restricted to non-criminal proceedings as soon as possible. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Covflle, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr~ Pay and Tuner. Alderman Puttick. ITIMS OF I~fExRST: Appreciation - His Worship Mayor Smeaton, and Aldermen Chessman, Coville, Harrington, Pay and Turner expressed their appreciation with respect to actions of Council members and the assistance of Staff during the past three-year term. The Chief Administrative Officer expressed to members of Council~ the appreciation of Staff. The City Clerk advised that tickets for the Inaugural Dinner were available end further, that a communication would be included in the forthcoming Agenda envelopes containing information regarding the Inauguration procedure. It was moved by Alderman Pay, seconded by Alderman Coville, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED~ FIRST MEETING INAUGURAL MEETING Council Chambers December 5, 1988 The Inaugural Meeting of the 1989-90-91 Council was held on Monday, December 5th, 1988, at 5:00 p.m. in the Council Chambers at City Hall. The Council included His Worship Mayor William S. Smeaton, Alderman Wayne Campbell, Alderman Charles Cheesman, Alderman Bruce E. Cowan, Alderman Patrick CumJnings, Alderman Margaret Harrington, Alderman W.A. Hinsperger, Alderman G. Mark Hopkins, Alderman Paisley Janvary, Alderman Judy Orr, Alderman Norman Puttick~ Alderman Edison Shetar and Alderman Bruce Ward. All members of Council were present. The Statutory Declarations of Office and Qualifications were filed with the City Clerk when the Oathe of Office had been administered by His lionour Judge Donald Wallace. It was then Ordered on motion of Alderman Cheesman, seconded by Alderman Cummings, that a vote of thanks be extended to His Honour Judge Wallace for administering the Oaths of Office to His Worship Mayor Smeaton, and the members of City Council. Carried Unanimously. Reverend Marya Buckingham offered the following Prayer of Invocation: Creator God, You have given dominion from the beginning of time and called us to serve You in various capacities. We give You thanks for those who come to serve You in the Government of our City. We pray Your blessings upon the Mayor and City Council, that they might govern all their doings according to Your will, that Justlee and proeperity may be shared among all who live here. May the Lord in his love and mercy, and the grace and power of His Holy Spirit uphold you in your office, through Jesus Christ our Lord, Amen. Following the Invocation, it was Ordered on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that Reverend Marya Buckingham be thanked for her presentation of the Prayer of Invocation and soliciting Divine guidance for the 1989-90-91 Council. Carried Unanimously. His Worship, Mayor William S. Smeaton then delivered his Inaugural Address: "Reverend Clergy, His Honour Judge Wallace, Aldermen, Regional Councillors, and Gentlemen: May I say how pleased I am to have the opportunity of serving the citizens of Niagara Fallss Ontario, in the coming term as your Mayor. It has been an honour to have served this Municipality as an elected official since 1972 and in the past 5 years as Chief Magistrate. I would like to welcome Regional Chairman Dick and Rob Nicholson, our Federal Member of Parliament. I wish to congratulate all members of Council on their election and I am personally delighted with the individuals who will serve on our Municipal team, The new Council represents an excellent balance in terms of education, personal background and political experience, all of which will serve our community wall. During the coming three years our Municipality will face a number of significant challenges. We are continuing to enjoy a very vibrant building boom, particularly in the conunercial sectors and there is every indication that this expansion period will continue. However, along with the many obvious benefits of this expansions will come an ever-increasing series of burdens in terms of responsibility to provide mandated services for all our taxpayers. 2 Regarding the tax burden on our Municipal residents, I am very pleased to note that during the past four years, beginning in January 1985, the average tax rate increase to our Municipal ratepayers in terms of the mill rate, has been 4.2%. This represents the City's portion of the total tax levy. During the previous four years, i981 to 1984, the average tax rate increase was 7.9%. My two previous Councils, by tough fiscal scrutiny and by working as a team with Staff, have achieved a very reasonable increase iu our mill rate. Nauy diffi- cult decisions had to be made in order to achieve this goal, but the results have been worth every hour of effort put forward. We must pledge in future years to continue this effort to reduce, as much a8 possible, any increase of the tax burden on our ratepayers. Thanks to a burgcoming economy, the number of unemployed in our community has dropped significantly and literally thousands of new Jobs in Industrial, Tourfsm and Commercial areas have come into being in the last three years. Some 500 new Jobs have been created through the efforts of our Economic Development Agency working with the Regional Development Corporation and our Council. We must continue these co-operative efforts. I believe this term will be a very difficult one in terms of decision- making. However, we should remember that all things are difficult before they are easy, and I believe we have the personal skills around this Council table to achieve what we must achieve in the name of good Government. Important decisions will have to be made in regards to two benchmark studies that have been tabled this year. First, the Tourism Community Develop- ment Initiative and Economic Study published through Tourism Canada and funded by the City of Niagara Falls, our local Tourism Industry, and the Federal Government. This Study has given us a very clear analysis of our strengths and our weaknesses as one of the great tourism centtee of the world. The Study points out some glaring needs if we are to continue to enjoy leadership role as a world destination. The Municipality and the Tourist Industry must recognize that we cau build upon the foundation being laid by the Niagara Parks Commission in their long range development proposals. In this respect, appropriate planning is not au option for us, but a necessary requirement. It is imperative that the Commission, the Municipality and the private sector work together very closely. The Tourism Economic Impact Study has provided the necessary direction to a very large extent and it would indeed be folly if in fact the recommenda- tions of that Study are allowed to gather dust, The Niagara Parks Commission recently tabled its "Ontario Niagara Parks - Planning the Second Century Report". That one hundred year vision of the future of the magnificent Niagara Parks System is most important to us. We, as a Municipality, will have to consider carefully the impact of the Nargara Parks Commission's future plans. I am confident that they will be most beneficial to us, and with careful co-operative efforts we will expand and grow aud prosper as a partner of the Provincial Government and the Niagara Parks System that we are so proud of, We have taken some positive steps in that regard already with a major signing policy for our entire Municipality coming forward very soon to the new Council. I am also absolutely convinced that tourism will only increase in its importance and that we must, as a Municipality, be prepared to take advantage of its potential. The Tourist Industry themselves have recognized the need to become more aware of long term objectives and are indeed themselves planning to address these challenges. We no longer can think in terms of five years, or ten years, or even twenty years in future planning. We must be thinking in terms of the 21st Century. The City's Official Plan is already more than twenty years old and offers, quite frankly, little constructive guidance for many types of development. We must review our Official Plan and update this community's land use planning instrument. A revised Official Plan will help us with out infrastructure improvements, most necessary to us in future years, and will help us co-ordinate the actions of all concerned in the pursuit of good public policy, goals and objectives. We should also note that the Ministry of Municipal Affairs of the Province of Ontario has offered fundin~ assistance should our City wish to proceed .with Official Plan changes in the form of a formal study. Times do -3- indeed change~ and we must change with them. It used to be that a man running - down the street in his shorts at 6:30 in the morning was either absent-minded or running away from something. Now he is Just another Jogger. Seriously, time is of the essence, and our Official Plan review should begin as soon as this Council can consider our options carefully. During the next decade, it will be imperative to have a planned approach to all development, keeping in mind the present capacity of roads, sewers, pumping stations, etc. Shortly the City will be faced with the need to provide funding for a chronic care facility. The placing of such a facility in the best possible location is paramount, and we must consider the Nunicipaltty's ability to properly service this facility. Lot drainage problems, in recent years, have been of considerable concern to me, and our Engineering Staff are doing their utmost to provide new policies for this Council which will help us solve this ongoing problem. It is well known that Ontario Hydro are planning a major construction program for a new Hydro Electric Generation Project, and this will involve the tunnelling of new passages under our City. There are tremendous ramifications here that will have to be addressed by this Administration. We shall be meeting soon with Ontario Hydro officials to discuss our City's future as it relates directly to this major project. Because of the vision of our Municipal leaders, some 25 years ago, our Municipality has enjoyed having an inventory of properly zoned and easily serviced industrial lands. Having this inventory and having services either on stream or readily available has helped us bring new industry to our community. During the past term, the Council decided to pursue carefully but energetically the possibility of a new Municipal Industrial Park. These deliberations are ongotng and many final decisions will have to be made during this term as to our direction in this matter. We are investing taxpayers' dollars in future devel- opment potential that will take us into the 21st Century. We must be prepared. I consider it a top priority for this Council to clearly define its direction in the area of new land assembly for the purpose of industrial expansion. Nowhere is the need for future planning more urgent than in the area of the disposition of our own Municipally generated waste. This matter has become the major problem for most Municipalities. While the blue box recycling system has been successful in our City, everyone must get very serious about waste disposal. Effective reduction of demands upon our Landfill Site will not be achieved unless everyone considers it to be a personal problem and is willing to personally become involved in recycling. Another important planning initiative for the coming year, I believe, should focus on the issue of affordable housing. The City's role in housing needs must be properly articulated. We have been approached by the Ministry of Municipal Affairs to undertake a Housing Study to identify ways and means of promoting housing affordability and to implement appropriate Official Plan policies, Zoning By-laws and Development Strategies. The initiatives of the Mayor's Housing Committee should be further enhanced if the City does take advantage of this study exercise. It is my understanding that a 75% Study grant is being offered by the Province, and I shall recommend to this Council that we seriously consider taking advantage of this funding. In the past five years, the City has experienced an unprecedented amount of development over a sustained period of time. The absorption of land for residential development has exceeded all expectations, and it is important that we look into the future to determine future housing and servicing requirements to accommodate this sector of growth and development. I shall recommend that engineering studies be undertaken to address the question of how potential growth areas can be serviced. The costs of providing basic infrastructure such as storm sewers, sanitary sewers and water distribution systems must be analyzed, and such information will be required by Council to plan and budget for future growth in the most cost efficient manner. ' A new environmental consciousness has taken place as far as our Municipal Government is concerned, and I encourage all the Cityss environmental planning and greenlug initiatives. Our children's future depends on our foresight. -4- -5- As I mentioned in my 1985 Inaugural, a strong team approach by Council and Staff will be absolutely necessary to meet the tough decisions and problems that we shall face. Council will have to say no to some of those coming to our Nuntcipal door for financial assistance. Although their causes may he most worthy, they very well may not stand the scrutiny that we will have to give them in terms of setting priorities. This Council will, in my opinion, more than any other in the history of our amalgamated City, have to face the realities of looking after mandated services first; and some of the luxuries we have enjoyed in this community for so mny years may well have to be put on a lower priority basis. If, for example, it is a question of new costly recreation facilities as opposed to providing essential mandated infrastructure services such as proper sewer and Municipal waste facilities, Council will have to make its priorities clear. There are some special projects that I wish to bring forward to our Council's attention early in this term. I believe that we may be able to expand on our present practice regarding food collection and recovery in our Municipality, and perhaps initiate, as Toronto has in its "Second Harvest" program. This would involve a more structured collection of surplus perishable foods for delivery to those in need in our City. In the year 1990, Portage Road will be 200 years old, and I believe it should be an occasion for celebration in our City. The road is the oldest Queen's Highway in Upper Canada, and was the primary land link in the transpor- tation of goods from Montreal, Lake Ontario, to the upper iake region from 1790 until 1829, when the Welland Canal opened. Our City Historian, George Seibel, on behalf of the Niagara Falls Heritage Foundation, has begun work on a book which will be published in time for this Anniversary. Mr. Seibel will soon be presenting an overview of his project to Council and I believe this Municipal- ity should assist in this most important historical work. I am proposing that Council have a permanent memorial to those worthy individuals who in the name of scientific research have donated their organs and in many cases their bodies to medical science. I have a report ready for Council's scrutiny. The private sector continues to consider carefully its options in putting forward proposals to all levels of Government for a Convention Centre in our City. Wa shall watch this closely. Since 1979, this City has operated under Standing Committee procedure, and I believe that the procedure has served us well. I recommend to Council that we continua to work with a system of major Standing Committees. I offer the following recommendations regarding the Chairmanship of the Standing Committees. Our Finance Committee, for the past term, has functioned well with changed procedures of budgetary control. The Committee has been well served under the Chairmanship of Alderman Charles Chessman. He has been ably assisted by Vice- Chairman Alderman Pat Cummings. I have requested that Alderman Cummings assume the Chair this year, and he has agreed to take on that important responsibility. Our Municipal Works Committee has been very active in handling matters of great importance to our citizens. The Chairmanship of that Committee has been filled by Alderman Buck Hinsperger. His hadership has been much appreciated by all who have served with him. This year, I have asked his Vice-Chairman, Alderman Paisley Janvary, to assume the Chair of that Committee. She has indicated her willingness to do so. Our Downtown Revitalization Steering Committee, formed early in my first term as Mayor, has achieved a great deal. We have used Provincial funding programs, in addition to Municipal tax dollars and a large portion of private sector dollars from tenants and property owners on Queen Street, to revitalize our central core district. The Downtown Revitalization Steering Committee has been Chaired by Alderman Judy 0rr, a downtown resident who has gained the respect of merchants and Government officials alike. I have requested that she continue in the role of Chairman as we see the final phase of our downtown development Queen Street operation this year. She has agreed to serve. Environmental Planning Committee activities have been very active during this past term of office under the guidance of former Alderman Coville. The Environmental Planning Committee Joined with Niagara Falls, New York, in many programs that have been praised by U.S. and Canadian senior levels of Government officials. That Environmental Planning Committee should most definitely continue as a Standing Committee of Council and I am suggesting that Alderman Mark Hopkins taka the Chair. Former Alderman Jim Pay, who chose not to run this past term, Chaired a very important new Committee of Council, during this past year, called the Greening Committee, which has worked very hard under a mandate to beautify our community, and I think the time is right to merge that Committee with our Environmental Planning Committee. The Civic Committee is a Committee Chaired by Alderman Janvary, that for many years has looked after special community celebrations such as Canada Day and homecomings of vatlone community leaders and sports celebrities. I have asked her to continue in that role and she has agreed. This very time-consuming organizational work is most important to us all. The last Standing Committee is one that I view as having a particularly critical role in this coming term. It is the Municipal Parking and Traffic Committee. AIderman Cummings has Chaired this Committee now for some time, and with his new responsibilities as Chairman of Finance, I believe that a new Chairman here would be helpful in terms of workload responsibilities. I have asked Alderman Wayne Campbell to take the Chair of the new Municipal Parking and Traffic Committee. Parking and traffic control in our City are two areas of major concern to me personally, and in the Tourism Development Initiatives Study mentioned earlier, there is a strong recommendation that our City become more involved in Municipal Parking programs and signage programs. I mentioned the signing progress earlier in this report. Of equal importance and of equal concern is the lack of Municipal parking facilities, especially in the central tourism core of our community. We can no longer ignore the tremendous problems that exist in accommodating the travelling public properly. Thanks to progressive action by the Niagara Parks Commission, and some private sector tourtsm operators, we have provided some public parking facilities. Now I believe that we must carefully review the possibility of taking action during this term to plan and provide Municipally owned parking facilities to accommodate the millions of vehicles that come to our City each year. It is my suggestion that Alderman Campbell and his Committee consider the formation of a new Commission: A Commission to be made up of elected and appointed officials to carry out the investigation and implementation of a proper Municipal parking program. The spirit of co-operation that has to exist amongst Municipal politicians, if we are to achieve worthy goals, must continue. We will not always agree around this table, but I am confident that we will work together closely, in a positive sense, to achieve the goals we must set for ourselves and our community, "Ideals are like stars", Carl Schurz said in 1859. "You will not succeed in touching them with your hands, but like the sea-faring man on the desert of waters, you choose them as your guides and, following them, you will reach your destiny". This Council will have its own ideals collectively and individually, and by working together we shall reach our destiny. I am confident that our destiny will provide for good Government; not only in the short term, but taking us into the 21st Century. We as a Council are mandated to lead, and lead we shall. With God's help, we shall provide the best possible Government at the lowest possible cost for ourselves and future generations. Let's together build for the future; let's make foresight fashionable in order that our children, upon reflection of our stewardship, will be able to say of us, "They bulldad well"{ It was Ordered by Alderman Orr, seconded by Alderman Hopkins, that the Nayor's address be included in the minutes of the meeting. fiattied UnanimousiF. SECOND MEETING - 6 - It was then Ordered by Alderman Campbell, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, SPECIAL MEETING Committee Room #2 December 12, 1988 Council met on Monday~ December 12th, 1988, at 6:00 p.m. in Committee Room No. 2, for the purpose of considering Aldermanic appointments to Committees, Boards and Commissions. All members of Council were present. APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEE.~S Report No. C~-88-69 - Chief Administrative Officer - Re: Appointments to Boards, Commissions & Committees. TIle report recommends that Council consider the necessary appointments to various boards, commissions and committees, the terms of which expired at the end of November 1988, and that the appointments be confirmed by by-law at a meeting to be held in the New Year. - AND - Report No. M-gg-19 - Mayor Smeaton - Re: Recommendations for Chairmen of Standing Committees. The report makes the following recommendations regarding Chairman of the Standing Committees: FINANCE COMMITTEE MUNICIPAL WORKS COMMITTEE DOWNTOWN REVITALIZATION STEERING COMMITTEE ENVIRONMENTAL PLANNING & GREENING COMj~ITTEE CIVIC COMMITTEE MUNICIPAL PARKING & TRAFFIC COMMITTEE Alderman Pat Cummings Alderman Paisley Janvary Alderman Judy Orr Alderman Mark Hopkins Alderman Paisley Janvary Alderman Wayne Campbell ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the recommendations in Mayor Smeaton's Report No. M-88-19, be adopted. Following a discussion Alderman Hinsperger withdrew the motion. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherar, that the Chairmen be selected by the Committee members. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Harrington, Janvary, Puttick and Sherat. NAYE: Aldermen Cheesman, Cowan, Cummings, Hinsperger, Hopkins, Orr and Ward. ORDERED on the motion of Alderman Orr, seconded by Alderman Htnsperger, that Report No. M-88-19 be received and the recommendations adopted. Carried Unanimously. (]IAMMR OF ~OIMCM BOARD OF DIREC]rORS - It was moved by Alderman Janvary, seconded by Alderman Chessman, that Mayor William S. Smeaton be appointed to the Chamber of Commerces and Alderman Margaret Harrfngton as an alternate represent- atlve for the 1989-90-91 term. Carried Unanimously. MTY R~-SO!~[C-ES ~ HANAGENI~IT CO~ITTEE - It was moved by Alderman Chessman, seconded by Alderman Cummings, that Aldermen Hinsperger, Janvary and Orr be appointed to the Community Resources Centre Management Committee for the 1989-90-91 term. Carried Unanimously. GREAI~It NIAGARA GENERAL HOSPITAL BOARD OF GOVERNORS - Aldermen Oheesman, Cummings and Harrtngton were appointed to the Greater Niagara General Hospital Board of Governors, by consensus of opinion, for the 1989-90-91 term. GR!~A'I~B. NIAGARA S~OR CITIZENS ASSOCIATION - Aldermen Campbell and Sherat were appointed to the Greater Niagara Senior Citizens Association, by consensus of opinions for the 1989-90-91 term. GREATER NIAGARA TRANSIT C0~ISSION - Mayor Smeaton was appointed to the Greater Niagara Transit Commission, by consensus of opinions for the 1989-90-91 term. -2- LOCAL ARCHITKCTB~CONSZKVATION ADVISORY CO~IT~(LACAC) - Aldermen Hopkins and Shetar were appointed to the Local Architectural Conservation Advisory Committee, by consensus of opinion, for the term 1989-90-91. LOCAL OOUNGIL OF W(k'~ - Alderman Campbell was appointed to the Local Council of Women, by consensus of opinion, for the term 1989-90-91. MUNICIPAL NOlO-PROFIT HOUSIE~ ~0RPORATION - It was ~ved by ~dermsn Janvary, seconded by Alderman Campbell~ that election to this organization ~ determined by ballot. Carried Unanimously. Following a decision by ballot, Aldermen Hinsperger, Orr and Ward were appointed to the Mun~cipal Non-Profit Housing Corporation for the 1989-90-91 term. N~A~A DI~CT AIRPORT ~0R~4ISSION - It was moved by Alderman Janvary, seconded by Alderman Hopkins~ that Aldermen Cowan, Puttick and Ward ~ appointed to the Niagara District Airport Co~sston for the 1989-90-91 term. NIAGArA FALLS BO~Fa) OF PrOSElM - It was moved by Alderman Janvary, seconded by Alderman Cummings, that Aldermen Hinsperger and Hopkins be appointed to the Niagara Falls Board of Museums for the 1989-90-91 term. NI~ARAFALLS C~A VISITOR & ~O~ON BUREAU - Aldermen Campbell and Ward, and Alderman Hinsperger as an alternate, were appointed to the Niagara Falls Canada Visitor & Convention Bureau, by consensus of opinions for the 1989-90-91 term. NIAGARA FALLS COMMDNI1~[ CEIrrRMBOARD - Mayor Smeaton and all Members of Council were appointed to the Niagara Falls Community Centre Board for the 1989-90-91 term. NL~A~A F~!~S ECONOHIC DKVELOI~ AGENCY - Mayor Smeaton, Aldermen Cheesman and Ward, and 3. L. Collinson, Chief Administrative Officer, were appointed to the Niagara Falls Economic Development Agency, by consensus of opinions for the 1989-90-91 term. / NIAG~FAI~SF~HANE SOCIETY- Alderman Janvary was appointed to the Niagara Falls Humane SoCiety, by consensus of opinion, for the 1989-90-91 term. NIAGAFAFALL8 MBLIC LIBRARY BOARD - Mayor Smeaton was appointed to the Niagara Falls Public Library Board, by consensus of opinions for the 1989-90-91 term. NINIARAPARKS flOffiilSSION - It was moved by Alderman Janvarys seconded by Alderman Orr, that the Niagara Parks Commission be approached with regard to the City of Niagara Falls being permitted to appoint a second representative to the Commission, and a report submitted within the next year. Carried Unanimously. Following a decision by ballots Alderman Campbell was appointed to the Niagara Parks Commission for the year 1989, NIAGARA PMONM{IN ASSOG/ATION - Aldermen Cu~ings and Hinsperger, and Alderman Puttick as an alterate, ware apppointed to the Niagara Promotion Association~ by consensus of opinion~ for the 1989-90-91 term. 3 RECnF~TION ~O}ffilSSION - It was moved by Alderman Puttick, seconded by Alderman Hinsperger, that Aldermen Cowan and Janvary be appointed to the Recreation Commission for the 1989-90-91 term. FaEGION NIAGARA TONRIST COUNCIL - Alderman Puttick, and Alderman Herrington as an alternate, were appointed to the Region Niagara Tourist Council, by consensus of opinion, for the 1989-90-91 term. SOCIAL PLAFdlNC COUNCIL - Alderman Herrington was appointed to the Social Planning Council, by consensus of opinion, for the 1989-90-91 term. TOURISM NIAGARA OMRDINATION BOARD - Mayor Smeaton and Alderman Puttick were appointed to the Tourism Niagara Co-Ordination Board, by consensus of opinion, for the 1989-90-91 term. BNITED WAY BOARD OF DIRES"rORS - Alderman Campbell was appointed to the United Way Board of Directors, by consensus of opinion, for the 1989-90-91 term. Y.N.C.A. BOAR1) OF DIREL~fORS - Alderman Campbell declared a conflict of interest because he has a business interest. Alderman Barrington was appointed to the Y.M.C.A. Board of Directors, by consensus of opinion, with the exception of Alderman Campbell who abstained from the vote on a conflict of interest previously recorded, for the 1989-90-91 term. BUSINESS ASSOCIATION AND BOARDS OF MANAGEMENT {]IIPPAWA BUSINESS ASSOCIATION - Aldermen Hfnsperger and Ward were appointed to the Chippaws Business Association, by consensus of opinion, for the 1989-90-91 terms and the citizen memberships presented by the Association were approved. (~IFTON MII~ ~OARD OF MAMAGI~- Alderman Sherat, and Alderman Ward as an alternates were appointed to the Clifton Hill Board of Management, by consensus of opinions for the 1989-90-91 term, and the citizen memberships presented hy the Board were approved. 1X~ BOAR!) OF MANAGI~!ENT - Alderman Orr was appointed to the Downtown Board of Managements by consensus of opinion, for the 1989-90-91 term, and the citizen memberships presented by the Board were approved. NAIN AND F~mRy BOARD OFNANAG~ENT- Alderman Sherat was appointed to the Main and Ferry Board Of Managements by consensus of opinion, for the 1989-90-91 terms and the citizen memberships presented by the Board were approved. VIG~ONIA A~UE BUSINESS IMPROVEMENT AREA BOARD OF NANAGEMENT - The citizen memberships presented by the Board for the 1989-90-91 term were approved by consensus of opinion. STANDING COMMITTEES CIVIC a)P~lTT~ - Alderman Janvarys Chairman, and Alderman Shetar were appointed to the Civic Committee, by consensus of opinion, for the 1989-90-91 term, DOWNTOWN ~YITALIZATION $TMMalN~ O~I~NITTME - Alderman Orr, Chairman, and and Aldermen Campbell, Chessman and Janvary were appointed to the Downtown Revitalization SteerinS Co~ittee by consensus of opinion~ for the 1989-90-91 term, -4- ]~iVIRONHI~TA~I_JJ~ING (~!ffilTr~- Alderman Hopkins, Chairman, and Aldermen Herrington and Janvary were appointed to the Environmental Planning Committee, by consensus of opinion, for the 1989-90-91 term. FItMCE ~OMMII"fER - Alderman Cummings, Chairman, and Aldermen Campbell, Chessman, Cowan, Herrington, Htnsperger, Hopkins, Janvary, Puttick, Sherat and Ward were appointed to the Finance Committee, by consensus of opinion, for the 1989-90-91 term. MIIMICIPAL WORKS GONMll-rzz - Alderman Janvary, Chairman, and Aldermen Campbell, Cowan, Herrington, Htnsperger, Hopkins, Orr, Puttick, Sherat and Ward were appointed to the Municipal Works Committee, hy consensus of opinion, for the 1989-90-91 term. MUNICIPAL PARKII~ & l~J&fflC COrMITrEE- Alderman Campbell, Chairman, and Aldermen Cowan, ltinsperger, and OrE were appointed to the Municipal Parking & Traffic Committee, by consensus of opinion, for the 1989-90-91 term. SPECIAL AND AD HOt COMMITTEES BUSINESS PARK ~ol~rtx'~E - Aldermen Chessman and Ward were appointed to the Business Park Committee, by consensus of opinion, for the 1989-90-91 term. ***** It was moved by Alderman Cummings, senonded by Alderman Chessman, that the Council adjourn to the Council Chambers for a regular meeting. Carried Unanimously. READ AND ADOPTED, ~IRD MEETING REGULAR MEETING Council Chambers December 12, 1988 Council met on Monday, December 12th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council were present. ttfs Worship Mayor Smeaton presided as Chairman. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hopkins requested that the minutes of the meeting held November 28th, page 4, Report No. CD-88-59, be amended to indicate that he had voted in fayour of the motion, and Alderman Herrington had voted contrary. ORDERED on the motion of Alderman Orr, seconded by Alderman Hopkins, that the minutes of the regular meeting heid on November 28th, 1988, he adopted as amended, and the minutes of the Inaugural Meeting held December 5th, 1988, be adopted as printed. Carried Unanimously. DEPUTATION PROJECT StH~AtI*E- Communication No. I(A) - Social Planning Council of Niagara Falls - Re: Project 8*H*A*R*E. The communication requests an opportunity of addressing Council on December 12th, 1988. - AND - ComunicationBo. I(B) - Social Planning Council of Niagara Falls - Re: Project S*H*A*R*E. The communication attaches a Synopsis of the proposed new multi-service centre to alleviate the current ongoing state of poverty for many families in Niagara Falls. Mrs. Selena Volpattf, President, Board of Directors of the Social Planning Council, presented an overview of the information contained in Project S*H*A*R*E, reviewed the Budget Forecast, and advised that a further financing was required to activate the progrsm. ORDERED on the motion of Alderman theeamen, seconded by Alderman Htnsperger, that the communications be received and referred to the Finance Committee for consideration. Carried Unanimously. CHINESE NEW yRAR - Cosmunication !o. 2 -Nrs. Marg Nag~s Coordinators Downtown Niagara Falls Board of M~nage~e~t - Re: Festival of Lights/Chinese New Year. The communic- ation advises that Mrs. Nagy will be in attendance at the Council meeting with Raymond Mos regarding proposed plans for the Chinese New Year. Mrs. Nagy was in attendance to explain the event. ORDERED on the motion of Alderman Orr, seconded by Alderman Camphell, that approval be granted, the matter of firecrackers be referred to Staff. Carried Unanimously. LUBRIZOL - C.A.E.R. PROGRAM- Communication No. 3 - R.T. Sotlay, Lubrimol - Re: C.A.E.R. Program. The communication attaches a brochure regarding the Community Awareness Emergency Response Program, Mr, Sorley was in attendance, with Mr, T,B, Rose, Plant Manager of Cyansmids and Mr, Glenn B, Candy, Executive Director, Chamber of Commerce, Me discussed the program for emergency response to a chemical emergency, and suggested returning to Council early in January to provide Council with an opportunity to receive further information. -2- UNFINISHED BUSINESS AH-29/88 - pROPOSED ROTEL ON SPRING STEXET - Mr. Chirico was in attendance, and reviewed historical action taken concerning the subject lands, expressed the view that the applicants were in contravention of By-law No. 88-155. He asked that the by-laws with respect to the subject property be reviewed and property changes made if necessary. Alderman Sherat declared a conflict of interest because he was a participant on the Committee of Adjustment, at the time of the Hearing of this matter. ORDERED on the motion of Alderman Orr, seconded by Alderman Hopkins, that the matter be tabled to January 9th, 1988, and By-law Nos. 88-291 and 88-292 be withdrawn from the agenda. The motion Carried with Alderman Sherat abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. CH~MGB OF NAHE - FEnnY STREET - Communication No. A(A) - Niagara Falls Board of Museums - Re: Change of Name of Ferry Street. The communication advises that the Board and Lundy's Lane Museum were opposed to the change of name of Ferry Street to Victoria Avenue. - AND - Co==unication No. 4(B) (HANDOUT) - Main & Ferry Business Association- Re: Ferry Street Name Change. The communication advises that the Association was unanimously in fayour of the name Ferry Street being left unchanged. ORDERED on the motion of Alderman Hopkins, seconded by Aldermen Sherat, that the communications be received and referred to the Street Name Change Committee. Carried Unanimously. HOLY EAHILY E~xu~EHCY YO[~[l ACCON~K)DATION - Raperr Ms. 0-88-38 - Chief Ad~inistrativeOfficer - Re: Cheque No. 36715, By-law No. 88-295, Holy Family Emergency Youth Accommodation. The report recommends that the above-referenced cheque in the amount of $2s000.00, payable to Holy Family Emergency Youth Accommodation, be released. It was moved by Alderman Chessman, seconded By Alderman Janvary, that the report be received and adopted. A discussion followed regarding the payment of rent by residents who were currently employed, and the lack of representation of the Holy Family Centre at the meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be tabled for further information and representation from the Holy Family Board. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. NAYE: Alderman Janvary. COMMUNICATIONS No. 5 - Ontario Good Roads Association- Re: 1989 Conference - Royal York Hotel, Toronto - February 19th to 22rid, 1989. The communication attaches , Conference information and Hotel Reservation forms. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger~ that the communication be received and filed, and members wishing to attend should notify the Clerk. Carried Unanimously. -3- No. 6 - T~e Chasber of Co=~erce Niagara Falls, Canada - Re: Tourist Area & Effect on Retail Business Holidays Act. The communication suggests definitions of a Tourist Area, and requests the concurrence of Council. Mr. Glenn B. Gaudy, Executive Director, Chamber of Commerce, reviewed information contained in the communication, and requested the support of Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Campbell, that the communication be referred to the Planning and Legal Departments for comments. Carried Unanimously. No. 7 - The Association of Kinsmen & Kinarts Clubs - Re: Financial Assistance. The communication requests financial assistance in the form of an advertisement in KIN Magazine. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the communication be received and referred to the Finance Committee for consideration. Carried Unanimously. No. 8 - J.K. Grace, Director of Urban ZntomeloZy Research Project, Faculty of ForestS, University of Toronto - Re: Termite Control Research at University of Toronto. The communication requests financial support. ORDERED on the motion of Alderman Orr, seconded by Alderman Rinsperger, that the communication be received and filed. Carried Unanimously. No, 9 - Mrs. Ann. Carfield, Downtown Board of NnnsZement - Re: Congratulations. The communication congratulates and extends best wishes to the new Council, and expresses appreciation of Alderman Orr's efforts on the Board and as Chairman of the Steering Committee. ORDERED on the motion of Alderman Putticks seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 10 - K.K. Trudeau, Engineering Directorate, Rail Safety Branch, National Transportation A~ency of C~n~da - Re: Proposed Protective Devices at Crowland &Blggar Roads. The communication advises that the subject matter has been ranked on a lower priority basis than other matters, and was being deferred for a time. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the communication he received and filed. Carried Unanimously, No, 11 - Association of Municipalities of Ontario (AGO) - Re: Orientation Seminars for Municipal Cuuncillors. The communication advises that Seminars have been scheduled for January 20th to March 1989 for Municipal Councillors. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the communication be received and filed. Carried Unan~mouslT. No. 12 -Reaate Martin, Executive SecretarT, The C~--di~n Red Cross Society - Mayor's Annual Blood Donor Clinic - February 21, 1989. The communication asks sponsorship for the above mentioned Clinic at a cost of $275.00. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the communication be received and approved, and as many members of Council and Staff as possible participate in the Clinic. Carried Unanimously. No. 13 - E~one Oatlay, Chamber of Cosmerce Niagara Falls, Canada - 100th Anniversary of the Chamber of Commerce in Niagara Falls. The communica- tion requests participation in the event. OaDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. REPORTS P-88-15 - Chief MainRetEntive Officer - Re: Appointment of Deputy Director of Finance. The report recommends that Council pass the by-law appearing on tonight's ageads providing for the appointment of Mr. Paul Jacques as Deputy Director of Finance for the City of Niagara Falls. -4- ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously- See By-law No. 88-302. P-E8-16 - Chief Administrative Officer - Re: The report recommends the foliowing: Lottery Licensing Inspector. 1) That Council endorse s three year agreement between the Corporation of the City of Niagara Falls and Angels Arntz for services rendered as a Lottery License Inspector; 2) That the Mayor and City Clerk enter into this agreement on behalf of the Corporation of the City of Niagara Falls by affixing their hand and seal thereto. Aldermen Cummings and Ward declared conflicts of interest because they are members of organizations which conduct binCos. ORDERED on the motion of Aldermen Janvarys seconded by Alderman Chessman, t~at the report be received and adopted. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts o~'[nterest previously recordads and with all others voting in fayour. See By-law No. 88-305. P-88-17 - Chief Administrative Officer - Re: Council Salary Adjustments December Is 1988 to November 30s 1989. The report recommends that the by-law appearing on tonight's ageodes dealing with 1988-1989 members of Council salaries, aud the formula by which such salaries are to be determined for the next three years, be adopted. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Orrs that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbells Chessmama Cowsos Cummingss Herringtons HinsPergers Hopkins, Orrs Puttick and Ward. NAYE: Aldermen Janvery and Sherat. See By-law No. 88-312. PD-88-192 - Chief Administrative Officer - Re: Minor Variance Application A-81/88, B. & L. Auto Partam 3516 Harshall Road. The report recommends the following: 1) That City Council authorize Staff to appeal the decision of the Committee of Adjustment for B. & L. Auto Parts for a 743 square ~etre (g,000 square feet) addition to the existing 167 square metre (laB00 square feet) building; 2) That Staff prepare guidelines for review and development of standards for scrap yards. Alderman Sherat declared e conflict of interest because he was a participant on the Committee of Adjustment at the time of the decision regarding the subject matter. ORDERED on the motion of Alderman Orrs seconded by Alderman Hineperger, that the report be received and adopted. The motion Carried with Alderman SheraT abstaining from the vote on s conflict of interest ~eviously recorded, and with all others voting in favour. FD-88-193 - Chief A~sinistrative Officer - Re: Proposed Bell Canada Easement Consent Application B-729/88, Yvon Arthur & Belle Rosa Hichaud; south- east corner of Schisler Road (Regional Road No. 27) and Morris Road. The report recommends that Council approve the intended use of the proposed easement under Consent Application B-729/88. Alderman Rlnsperger declared a conflict of interest because he is employed by t.he company, -5- ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of inierest previously recordeds and with all others voting in favour. PD-88-194 - Chief Administrative Officer - Re: Membership & Duties of Committee of Adjustment. The report recommends that Council consider the contents of this report when appointing the new Committee of Adjustment. ORDERED on the motion of Alderman Herrington, seconded by Alderman Hopkins, that the report be received and filed, and further, that a meeting be set up to consider the matter. The motion Carried with the following vote: AYE: Aldermen Campbells Herrington, Hinsperger, Hopkinss Janvary, Orrs Puttick and Ward. NAYE: Aldermen Cheesman, Cowan, Cummings and Shetar. B-88-82 - Chief Administrative Officer - Re: Property Standards By-law No. 76-148s 486664 Ontario Ltd. s 4415 Buttrey Street. The report recommends that that the Corporation retain a contractor to forthwith complete the Order of the Property Standards Officer. Mr. Dorino Susin, the owner, was granted permission to speak on the motion of Alderman Puttick, seconded by Aldermen Campbell. Mr. Susin requested a delay of 2 to 3 months before action was taken in this matters in order that he might complete the required works and discussed the repairs already completed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinspergers that a 90 day extension be approved for the completion of work required by the City on the subject property. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Hinsperger, Janvary, Puttick, Shaver and Ward. NAYE: Aldermen Chessman, Cowan, Harrington, Hopkins and Orr. B-88-83 - Chief A~ministrative Officer - Re: Property Standards By-law No. 74-204, Bentit Construction, 8691Lundy's Lane. The report recommends that the Corporation retain a disposal service to forthwith complete the Order of the Property Standards Officer. Mr. David Ogdens tenant at 8691Lundy's Lane, was in attendance to explain the problem and to request an extension of time in order to fulfill the require- ments of the Property Standards Officer. ORDERED on the motion of Alderman Puttick, seconded by Alderman ttopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cowan, Cummings, Herringtons Hinsperger~ Hopkins, Orr, Puttick and Sherat. NAYE: Aldermen Campbell, Janvary and Ward. B-88-84 - Chief Administrative Officer - Re: Property Standards By-law No. 74-204, Morabtto and Carrocci, 5471 Robinson Street. The report recommends that the Corporation retain a contractor to forthwith complete the Order of the Property Standards Officer. ORDERED on the notion of Alderman Chessman, seconded by Alderman Cowan~ that the report be received and adopted. Carried Unanimously.. B-88-85 - Chief Administrative Officer - Re: Proposed Amendment to By-law No. 81-274, Market Operations. The report recommends that the by-law which amends By-law No. 81-274, being a by-law for establishing, maintaining and operating markets for regulating said markets located within the City of Niagara Falls be passed, The amendment increases the fees charged to the users of the market stalls. ORDERED on the motion of Alderman Chessmarts seconded by Alderman Cummings, that the report be recelved and adopted. The motion Carried~ with the following vote: -6- AYE: Aldermen Campbell, theesmart, Cowan, Cummings, Herrington, Hlnsperger, Hopkins, err, Puttlck, Sherat and Ward. NAYE: Alderman Janvary. See By-law No. 88-296. B-88-86 - Chief Administrative Officer - Re: A By-law to Appoint Municipal Inspectors to Inspect Plumbing. The report recommends that the by-law appearing on tonight's Council agenda to appoint Municipal Inspectors to inspect plumbing be passed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Htnsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, theeamen, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Janvary, err, Puttick and Ward. MAYEr Alderman Sherat. See By-law No. 88-303. B-88-.87 - Clfief Administrative Officer - Re: A By-law to Appoint a Chief Building Official and Inspectors under the Building Code Act. The report recommends that the by-law appearing on tonight's Council agenda to appoint a Chief Building Official end Inspectors under the Building Code Act, be passed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be recelved and adopted. Carried Unanimously. See By-law No. 88-304. B-88-88 - Chief Administrative Officer - Re: Purchase of Natural Gas - By-law. The report recommends that the by-law appearing on tonight's ageride, for the purchase of natural gas from GasPurchase Direct Limited, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. See By-law No. 88-297. B-88-89 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for November 1988. The report includes information regarding Permits Issued and Highlights for November 1988 as well as December Proposals, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. 3-88-21 - Chief Administrative Officer - Re: Proposed Closing and Sale of Walkway 48(1) between Lots 21 and 22, Plan M-32, on the southerly side of Village Crescent. The report recommends that Council take the following action with respect to the proposed closing and sale of the public walkway between Lots 21 and 22 on Plan M-32s on the southerly side of Village Crescent: 1) Pass the by-law appearing on tonight's agenda to authorize an agreement with the abutting owners respecting the sale and conveyance of the walkways when closed; 2) 3) Rinsperger, that the report be received and adopted. Pass the by-law to assume the walkway; Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required notice of a by-law to authorize the closing and sale of the walkway. ORDERED on the motion of Alderman Cummtngss seconded by Alderman Carried Unanimously. See By-law No. 88-298, and By-law No. 88-299. (M8-58 - Chief Administrative Officer - Re: elivet Street Road Allowance. The report recommends that the litonce agreement between the City and Peter and Wendy gungets for the use of the 0liver Street road allowance, be transferred to Mr. Ralph Terrio. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted, Carried Unanimously. See By-law No. 88-308. -7- (D-88-66 - Chief Administrative Officer - Re: Proposed Plan of Condomtnium Subdivision 26 CD-88008 (1), Dorchester Estates Ltd. The report recommends that the City Clerk be authorized to process the application for the "Dorchester Village Condominium Subdivision" and that a report be prepared for Council's further consideration of this plan, based on technical information received, public input, etc. Aldermen Cummings and Sherat declared conflicts of interest because the subject lands are in the area of their place of employment. Mr. Ray Matthews, 0.L.S., requested that Council approve the proposed Condominium Subdivision, Phase I, and responded to questions raised regarding subsequent phases, and ownership of the units. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on confltct~ of interest previously recorded, and with all others voting in favour. It was moved by Alderman Puttick, seconded by Alderman Campbell, that the meeting not proceed past 11:00 p.m. The motion was Defeated with the following vote: AYE: Aldermen Campbell, err and Puttick. NAYE: Aldermen Chessman, Cownn, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Sherat and Ward. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that approval be given to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Chessman, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Sherat and Ward. NAYE: Aldermen Campbell, err and Puttlck. C~-88-67 - airier Administrative Officer - Re: Proposed Plan of Subdivision 26T-88020 "Northwood", 705336 Ontario Limited. The report recommends that the City Clerk be authorized to process the application for the "Northwood Subdivi- sion" and that a report be prepared for Counctl's further consideration of this plan based on technical information received, public input, etc. Mr. Peter Grandonf expressed concern regarding the drainage of the building weeping tile and down stream flooding during a heavy rainfall. He referred to a petition recommending that the weeping tile be connected to sump pumps, or into storm sewers. Mr. Ray Matthews, O.L.S., was in attendance to respond to questions raised and advised that the concern regarding drainage from the weeping tile would be addressed through the Site Plan, and in accordance with the City standards. His Worship Mayor Smeaton stated that the concerns would be included in the subsequent report to Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously~ CD-88-68 - Chief Administrative Officer - Re: Proposed Plan of Subdivision 26T-8g027 "Mount Carmel Phase II", River Realty Development (1976) Inc. The report recommends that the City Clerk be authorized to process the application for the "Mount Carmel Phase II Subdivision" and that a report be prepared for Council's further consideration of this plan based on technical information receiveds public inputs etc. -8- Mr. Stewart A. Branscombe, River Realty Development (1976) Inc., was in attendance, and reviewed action taken to date with respect to the proposed plan. A discussion was held with respect to the preservation of the wooded area. Mr. Ltno Rossi reviewed a written submission which outlined his concerns with respect to the adverse effect on the downstream lands as a result of diversion of drainage from the 10 Mile Creek Basin Into the Shriner's Creek Basin; "fragmented der-' .... -~" ~n the northwest, and disregard of the major policies, staging and density housing of tb the highest income m~ Mr. Peter Grando water into the Shrine paving of woodlots; a written guarantee be lying north of the H. any other watershed ~ "flood control culvez ORDERED on the motfor the report he receiw lot size reductions ] the procedure. Carr (]88-37 -~h~ef A~mi Part 1, Plan 243 - F approve the Request until February 9, 19 ORDERED on the motic the report be recei~ S-88-22 - Chief Ad~ designated as Parts Plan M-53. The rap 1) The by-law app the closing of 2) The by-law ap[ Salisbury Plac 13, 14, 15 an{ (1976) Inc.; 3) The resolutio~ the Minister. Registered P1 ORDERED on th that the report be -9- MW-88-200 - Chief Ad~nistrative Officer - Re: Contract S.L. 36-88 General Maintenance, Pole Replacement and Installation of New Street Lighting Fixtures. The report recommends that the unit prices submitted by the low tenderer, Ground Aerial Maintenance Service Ltd., be accepted and that this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Pollowlng a brief discussion, it was moved By Alderman Sherat, seconded by Alderman Ward, that the report be tabled to December 19th, 1988 in order to provide an opportunity to contact the Niagara Falls Hydro or other companies. ...... ~'~^ "~"~ ~^^~ -~a~.o~. C~rried with the following vote: y, Sherat and Ward. ick. unts. The , for the period by-law appearing .eque No. 37738 .aterest on Cheque Cheque Nos. 37260, N No. 37405 because a ~9 and 37332. ~rman Cowan, that the tarmen Campbell, vote on Cheque Nos. ~ conflicts of zontrary on Cheque 8Jz-law No. 88-313. ions in Niagara cy with regards to ads, in compliance est because they are by Alderman Hopkins, d with Aldermen ~interest previously NM-88-198 - Chief Easement, Lot 32, recommends that Cuutt~,, of the encroachment as per the Plan attached. ORDERED on the motion of Alderman Chessmarts seconded by Alderman Cummingss that the report be received and adopted. Carried Unanimously. MM-88-199 - Chief Administrative Officer - Re: Encroachment Onto City Easement~ Block 41~ R.P. 59M-115 - Nathan Crescent. The report recommends that Council authorize the release of the City's easement in the area of encroachment as per plan attached. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings~ that the report be received and adopted, Carried Unanimously. , to Boards, :il consider the :ommtttees, the terms appointments be con- - AND -- Ce~mtmiemtienlo. IA - Je~nGr~nde~i - Re: Committee of Adjustment. The communication refers to Rules of Procedure, Planning Act~ 1983 and requests that new members be appointed and wider notification be given. APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES Following a brief discussionp it was the consensus of opinion that all applications would be given consideration, and that the vote would be by ballot and ratified. It was further agreed that decisions would be made on a majority vote of seven. It was moved by Alderman Aldermen Chessman, seconded by Alderman Cummings, that the ballots be destroyed, ~erried Unanimously. -8- Mr. Stewart A. Bran,combs, River Realty Development (1976) Inc., was in attendance, and reviewed action taken to date with respect to the proposed plan. A discussion was held with respect to the preservation of the wooded area. Mr. Lisa Rossi reviewed a written submission which outlined his concerns with respect to the adverse effect on the downstream lands as a result of diversion of drainage from the 10 Mile Creek Basin into the Shriner's Creek Basin; "fragmented development' in the northwest, and disregard of the major policies, staging and infilling suggested in the Official Plan; and the low density housing of the Mount Carmel Phase II development being "biased towards the highest income market". Mr. Peter Grandant reviewed a written submission regarding diversion of water into the ghriner's Creek system; fezcuing of hazard lands for developers; paving of woodlots; and requested that the woodlot be preserved, and a "legal written guarantee be provided that no subdivision storm water from the lands lying north of the H.E.P.C. power lines within the 10 mile creek watershed or any other watershed will ever be drained into Shrinar's Creek", and that the "flood control culverts in dams be throttled down". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted, the concerns regarding the wooded area, and lot size reductions be referred to Staff for further information and to expedite the procedure. Carried Unanimously. O-88-37 - Chief Administrative Officer - Re: Request for Reserve, Lot 53, Part l, Plan 243 - Falls Business Park. The report recommends that Council approve the Request for Reserve from Mr. Larry Vann for Lot 53, Part 1, Plan 243 until February 9, 1988. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. S-88-22 - Chief Administrative Officer - Closing of part of Salisbury Place, designated as Parts 12, 13, 14, 15 and 16, Reference Plan 59R-5719, Registered Plan M-53. The report recommends that Council pass the following: 1) The by-law appearing on tonight's ageads to authorize an application for the closing of part of Salisbury Place; 2) The by-law appearing on tonight's agenda to authorize the sale of part of Salisbury Place according to Registered Plan M-53, designated as Parts 12, 13, 14, 15 and 16 on Reference Plan 59R-5719 to River Realty Development (1976) Inc.; 3) The resolution appearing on tonight'a agenda to authorize an application to the Minister of Housing for consent to an Order being made amending Registered Plan No. M-53 for the said City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See Resolution No. 117. See By-law No. 88-310, and By-law No. 88-311. M~8-198 - Chief A~simistrative Officer - Re: Encroachment Onto City Easement, Lot 32, R.P. M-129 - Fieldstone Avenue - Mr. F. Dose. The report recommends that Council authorize the release of the City's easement in the area of the encroachment as per the Plan attached. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cumm'ings~ that the report be received and adopted. Carried Unanimously. NW-88-199 - Chief Administrative Officer - Re: Encroachment Onto City Easement, Block 41, R.P. 59N-115 - Nathan Crescent. The report recommends that Council authorize the release of the City's easement in the area of encroachment as per plan attached. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummingss that the report be received and adopted. Carried Unanimously. -9- M~-88-200 - Chief Administrative Officer - Re: Contract S.L. 36-88 General Maintenance, Pole Replacement and Installation of New Street Lighting Fixtures. The report recommends that the unit prices submitted by the low tendeter, Ground Aerial Maintenance Service Ltd., be accepted and that this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Following a brief discussion, it was moved by Alderman Shetar, seconded by Alderman Ward, that the report be tabled to December 19th, 1988 in order to provide an opportunity to contact the Niagara Falls Hydra or other companies. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Campbell, Cowan, Herrington, Hopkins, Janvary, Sherat and Ward. NAYE: Aldermen Chessman, Cummings, Hinsperger, Orr and Puttick. F-88-59 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $14,175,623.23, for the period ending December 12, 1988, be approved by the passing of the by-law appearing later on the ageads. Alderman Campbell declared a conflict of interest on Cheque No. 37738 because the organization is a client. Aldermen Harrington and Janvary declared conflicts of interest on Cheque No. 37256 because they are employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 37260, 37261 and 37702 because he is employed with the Company. Alderman Orr declared a conflict of interest on Cheque No. 37405 because a member of her family has a monetary interest. Additional information was provided on Cheque Nos. 37289 and 37332. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Campbell, Marrington, Janvary, Hinsperger and art abstaining from the vote on Cheque No,. 37738, 37256, 37260, 37261, 37702 and 37405 respectively, on conflicts of interest previously recorded; with Alderman Puttick voting contrary on Cheque No. 37332; and with all others voting in fayour. pee By-law No. 88-313. CD-88-64 - Chief Adlaluistrative Officer - Re: Bingo Operations in Niagara Falls. The report recommends that Council adopt a new policy with regards to bingo proceeds and the lieencase' disbursement of the proceeds, in compliance with Order in Council No. 274/70. Aldermen Cummings and Ward declared conflicts of interest because they are members of organizations which conduct bingas. ORDERED on the motion of Alderman thee,man, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. (1)-88-69 - Chief Administrative Officer - Re: Appointments to Boards, Commission8 & Committees. The report recommends that Council consider the necessary appointments to various boards, commissions and committees, the terms of which expired at the end of November 1988, and that the appointments be con- firmed by by-law at a meeting to be held in the New Year. - AND - C~Mssunication Be. 14 - Jean Grsndmmi - Re: Committee of Adjustment. The communication refers to Rules of Procedure, Planning Act, 1983 and requests that new members be appointed and wider notification be given. APPOINTMENTS TO BOARDS, OOMMISSIONS &.COMMITTEES Following a brief discussion, it was the consensus of opinion that all applications would be given consideration, and that the vote would be by ballot and ratified. It was further agreed that decisions would be made on a majority vote of seven. It was moved by Alderman Alderman Chessman, econded by Alderman the ballots be destroyed, Carried Unanimously. Cummings, that o...10 - 10 - COMTTEEOFADJ~STMEMT' Pollowing a decision by ballot, Gordon Goulty and Wayne Thomson were reappointed to the Committee of Adjustment for the 1989-90-91 term. ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrington, that appointments be made on a majority of 3 names. The motion was Defeated with the following vote: AYE: Aldermen Chessman and Herrington. NAYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. Following a decision by ballot, Harry Vernon Clarke, Done E. Coville and Jake Hiebert were appointed to the Committee of Adjustment for the 1989-90-91 term. CO!~TZ RESOURCES CENTRE MANAGEMENT O0}MITTM - Following a decision by ballot, Anne Angelone, George S. Finkbeiner and Luctlle Hilston were appointed to the Community Resources Centre Management Committee for the 1989-90-91 term. GOUI~TS OF KEVISION (LOCAL IMPROVEMENTS & DRAINAGE) - Following a decision by ballot, John Brucato was reappointed; and Michael Aceti, Edward Kearns and Jack Bishansky were appointed to the Courts of Revision for the 1989-90-91 term. GREATER NIAGARATRANSIT COlMISSION - Following a decision by ballot, Guy Prate was reappointed, and Wayne A. (Bert) Mares was appointed to the Greater Niagara Transit Commission for the 1989-90 term. LIVES~O(X & POULTRY VAL~T~ES - It was the consensus of opinion that John Bouw and Leonard McRae be reappointed to the Livestock & Poultry Valuers for the 1989-90-91 term. MUNICIPAL NON-P~OFIT HOUSING CORPORATION - Following a brief discussion, it was moved by Alderman Chessman, seconded by Alderman Herrington, that an adver- tisement be published in the local newspaper for applications to the Board, and further, that the Non-Profit Housing Corporation be asked to amend their Charter in order that additional persons may be appointed to the Board. Carried Unanimously. NIAGARA FALLS ABT GALLERY BOARD - It was moved by Aldermen Hinsperger, seconded by Alderman Campbell, that Aldermen Chessman be appointed as Council representative to the Niagara Falls Art Gallery Board for the 1989-90-91 term. I NIAGA~ADISIT-ICT AIRPORT eMISSION - It was moved by Alderman Cummings~ seconded by Alderman Janvary, that Done Coyills and Jack Merrett be confirmed as the citizen appointees to the Airport Commission as requested by the Commission. Carried Unanimously. NIAG&~AFaIi8 BOA~I) OF~I~SE~MS- Following a decision by ballot, Charles Oft was reappointed, and Jane Christensen and Walter G. Scott were appointed to the Niagara Falls Board of Museums for the 1989-90-91 term. NIAGARA FALLS HUMANE SOCIETY - Following a decision by ballot, Pamela Stewart was reapPointeds and Carols Porter was appointed to the Niagara Falls Humane Society for the 1989-90-91 term. NIAG~%aA F&I,LS PUBLIC LIBRARY BOABD - Alderman Hopkins declared a conflict of interest because he is employed by the Board. Following a decision by ballot, Barbara Glares, Frank B. Lewis and Harry Rustige were reappointed to the NiaSara Falls Public Library Board, and the citizens recommended by the Niagara South Board of Education and the Separate Scho01 Board were appointed to the Niagara Falls Public Library Board for the 1989-90-91 term, , , , , 11 , . - 11 - NIAGARA PENINSI)~A CONSERVATION A~TMORITY - Following a decision by ballot, June Gardner and Charles H. Oft were recommended as the two citizen appointments to the Niagara Peninsula Conservation Authority for the 1989-90-91 term. PLUMBERS EXAMINING BOARD - It was moved by Alderman Janvary, seconded by Alderman Orr, that Cec Amadio and E. Ted Canham be reappointed to the Plumbers Examining Board for the 1989-90-91 term. Carried Unanimousiy. P~OPERT~ STANDARDS COMI'rrZE- Following a decision by ballot, John B. Anstruther was reappointed to the Property Standards Committee. ER(~EATION CO~(ISSION - It was moved by Alderman Janvary, seconded by Aldermen Puttick, that six citizens for the 1989-90 term. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Hinsperger, Janvary, Puttick and Sherat. NAYE: Aldermen Campbell, Chessman, Cowan, Harrington, Hopkins, Orr and Ward. Following a decision by ballot, Eloise McArthur, Irene Ploszczansky and Harry Thtstlethwaite were reappointed, and Robert Barnes and Rosalyn MacPhail were appointed for the 1989-90 term; and Richard Harrington was appointed for the year 1989 to the Recreation Commission. REGIONAL LAND DIVISION COMMI'rrZE - Following a decision be ballot, Pierre A. Pasquet was reappointed to the Regional Lend Division Committee for the 1989-90-91 term. SPECIAL AND AD HOC C0~ITTEES GUIDE SIGNIN~ CO]~(I*rt-~E FOR T0~RISM & GENI~a%L COP~MRCE - It was moved by Alderman Hinsperger, seconded by Aldermen Orr, that Aldermen Cummings be authorized to continue on the Committee for the 1989-90-91 term. WASTE MANAOMMENTM~NICIPAL ADVISORY COMMI'ft'z4~- It was moved by Alderman Cummings, seconded by Alderman Orr, that Aldermen Cowan and Sherat be appointed to the Committee for the 1989-90-91 term. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed; and further, that the appointments approved in the Special Meeting held earlier on this date, and the appointments approved above, be adopted. Carried Unanimously. C~-88-61 - Chief Administrative Officer - Re: Restricting Weight of Vehicles Over Bridges. The report recommends that the by-law appearing later on the agenda, to restrict the weight of vehicles passing over bridges on Willodell and Miller Roads, be passed AND that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkinss that the report be received and adopted. Carried Unanimousl7. See BF-law No. 88-300. RelM)rt - alderman Cheesmsn- Re: Two day Goal-setting Workshop. The report recommends the following: 1) 2) That Council consider the feasibility of holding a 11/2 - 2 day goal-setting workshop for the Corporation over the life of the new Council; That to that end, the Mayor be requested to appoint a small working group to plan the details for such a workshop, - 12 - ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Janvery, 0rr, Sherat and Ward. NAYE: Alderman puttick. C~88-65 - Chief Administrative Officer - Re: Chippaws Business Improvement Area. The report recommends that Council pass the appropriate by-laws to desig- nate the Chippawn Business Improvement Area and to establish an area Board of Management. ORDERED on the motion of Aldrman Hinsperger, seconded by Alderman Wards that the report be received and adopted. Carried Unanimously. RESOLUTION No. 117 - (~1MESMAN - (1]NMII~S - RESOLVED that pursuant to subsection 3 of section 82 of the Registry Act, R.S.O. 1980, Chapter 445, the Minister of Hoesing he requested to consent to an Order being made amending the plan of subdivision registered in the Land Registry Office for the Land Titles Division of Niagara South, on the 19th day of April, 1977 as Plan No. ~c-53 for the City of Niagara Falls, by permanently closing that part of Salisbury Place designated as Parts 12, 13, 14, 15 and 16 on Reference Plan 59R-5719, a copy of which ls attached hereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS It was noted that By-law No. 88-309 had been amended to include Niagara Falls Lions Club Park, Prince Charles Park, River View Park and Chippaws Lions Park. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-291 - Withdrawn. No. 88-292 - Withdrawn. Me. 88-296 - A by-law to amend By-law No. 81-274, being a by-law for establishing, maintaining and operating markets for regulating said markets located within the City of Niagara Falls. No. 88-297 - A by-law to authorize the execution of an agr&ement with GasPurchase Direct Ltd. for the purchase of natural gas. No, 88-298 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Lots 21 and 22, Registered Plan M-32 on the southerly side of Village Crescent. No. 88-299 - A by-law to assume a public walkway in Registered Plan ~-32. No, 88-300 - A by-law restricting the weight of vehicles passing over certain bridges. No. 88-301 - A by-law to authorize an exchange of land with Bernardo Vlsca. No. 88-302 - A by-law to appoint Paul Jacques Deputy Director of Pinance. .No, 88-303 - A by-law to appoint Municipal Inspectors to inspeck plumbing. !o, 88-304 - A by-law to appoint a Chief Building Official and Inspectors under the Building Code Act. No, 88-305 - A by-law to authorize the execution of an agreement with Angels Arnts, No. 88-306 - TABLED. - 13 - 88-307 - A by-law to authorize the execution of a Release and abandonment of easement respecting Lot 436"A" according to Plan 37 for the former Town of Niagara Falls, now known as Plan 298. No. 88-308 - A by-law to authorize the execution of a liceere agreement with Ralph Terrlo. No. 88-309 - A by-law to regulate the removal of canine excrement from public property. (Council Report CD-88-04 approved February 1/88). No. 88-310 - A by-law to authorize the application for the closing of part of Salisbury Place. No. 88-311 - A by-law to authorize the sale of part of Salisbury Place to River Realty Development (1976) Inc. No. 88-312 - A by-law to provide for the remuneration of members of Council. No. 88-313 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law No. 88-296 as previously recorded under Report No. B-88-85; with Alderman Sherat voting contrary on By-law No. 88-303 as previously recorded under Report No. B-88-86; with Aldermen Cummings and Ward abstaining from the vote on By-law No. 88-305 on conflicts of interest previously recorded under Report No. P-88-16; with Aldermen Sanvary and Sherat voting contrary on By-law No. 88-312 as previously recorded under Report P-88-17; with Aldermen Campbell, Herrington, Hlnsperger, Janvary and Orr abstaining from the vote on conflicts of interest, and Alderman Puttick voting contrary, on By-law No. 88-313 as previously recorded under Report No. F-88-59; and with all others voting in fayour. OPd)ERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 88-291 - Withdrawn. No, 88-292 - Withdrawn. No. 88-296 - A by-law to amend By-law No. 81-274, being a by-law for establishing, maintaining and operating markets for regulating said markets located wlthin the City of Niagara Falls. No. 88-297 - A by-law to authorize the execution of an agreement with GasPurchase Direct Ltd. for the purchase of natural gas. No, 88-298 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Lots 21 and 22, Registered Plan M-32 on the southerly side of Village Crescent. No. 88-299 - A by-law to assume a public walkway in Registered Plan M-32. No. 88-300 - A by-law restricting the weight of vehicles passing over certain bridges. No. 88-301 - A by-law to authorize an exchange of land with Bernardo Visca. No. 88-302 - A by-law to appoint Paul Jacques Deputy Director of Finance. No, 88-303 - A by-law to appoint Municipal Inspectors to inspect plumbing. No, 88-304 - A by-law to appoint a Chief Building Official and Inspectors under the Building Code Act. No, 88-303 - A by-law to authorize the execution of an agreement with Angels Arntz. NO, 88-306'- TABLED, - 14 - No. 88-307 No. 88-308 No. 88-309 No. 88-310 No. 88-311 - A by-law to authorize the execution of a Release and abandonment of easement respecting Lot 436"A" according to Plan 37 for the former Town of Niagara Falls, now known aa Plan 298. - A by-law to authorize the execution of a licence agreement with Ralph Tarrio. - A by-law to regulate the removal of canine excrement from public property. (Council Report CD-88-04 approved February 1/88). - A by-law to authorize the application for the closing of part of Salisbury Place. - A by-law to authorize the sale of part of Salisbury Place to River Realty Development (1976) Inc. No. 88-312 - A by-law to provide for the remuneration of members of Council. No. 88-313 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law No. 88-296; with Alderman Sherat voting contrary on By-law No. 88-303; with Aldermen Cummings and Ward abstaining from the vote on By-law No. 88-305 on conflicts of interest previously recorded; with Aldermen Janvary and Sherat voting contrary on By-law No. 88-312; with Aldermen Campbell, Harrington, Hinsperger, Janvary and Orr abstaining from the vote on conflicts of interest, and Alderman Puttick voting contrary, on By-law No. 88-313 as previously recorded; and with all others voting in favour. NEW BUSINESS lYEMS OF INTw~X~T: Seminar for Municipal Councillors - Alderman Cummings referred to the handout communication from the Minister of Municipal Affairs, which announced support of the seminar for Municipal Councillors being sponsored by AMO from January 20th, 1989 to March 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously· Concerns of Jean Grsndoni - Alderman Harrington referred to a meeting which was held to consider the concerns of Jean Grandoni regarding topsoil stripping on the west side of Uppers Lane, and indicated that Miss Grandoni would not be available to attend a Council meeting until December 19th, 1988. Affordable HousingSeminar- Alderman Harrington referred to the Seminar scheduled for February 22 and 23, 1989, on Affordable ttousing. His Worship Mayor Smeaton advised that a report would be submitted on this matter. It was moved by Alderman Htnsperger, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. REAp A~ ADOPTED, // FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room December 19, 1988 Council met on Monday, December 19th, 1988, at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Cheesman presided as Chairman. Following consideration of the items preGented, the Committee of the Whole arose to report in open session. READ ~D AmPTED, REGULAR MEETING Council Chambers December 19, 1988 Council met on Monday, December 19th, 1988, at 7:30 p.m. for the purpose of considering regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick referred to the minutes of the meeting held December 12th, 1988, Report No. CD-88-68, Proposed Plan of Subdivision, 26T-88027, "Mount Carmel Phase II", River Realty Development (1976) Inc. requested assurance that the concerns of Mr. Lino Rossi would be addressed in the upcoming report. Alderman Puttick referred to the minutes of the meeting held December 12th, 1988, Report No. MW-88-200, Contract S.L. 36-88 General Maintenance, Pole Replacement & Installation of New Street Light Fixtures, which was tabled, and requested that Staff be directed to proceed, subject to the Niagara Falls Hydro declining participation in the contract. He was advised that a report would be submitted at the next meeting of Council regarding this matter. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, the minutes of the Special Meetlng held December 12th, 1988, be adopted as printed. Carried Unanimously. that PRESENTATION CHIPPAWA LIONS CLUB - BEST YLOAT AWARD - His Worship Mayor ameston submitted a Plaque which had been presented to the City of Niagara Falls as an award for the Best Float in the Santa Claus Parade, by the Chippawa Lions Club. He commended the Agencies and Staff involved and their efforts in this respect. DEPUTATION ANmq!CANBUSASSOCXATION AWARD- Mr. Gordon Paul, President, and Mr. David Oillies, representing the Niagara Falls, Canada, Visitor & Convention Bureau presented Mayor Smeaton and Council with au award from the American Bus Association for the Top Motor Coach Destination, and expressed appreciation for Councilss cooperation with respect to the award. Mr. Gilllea stated that the Association awarded the Top Motor Coach Destination award in Canada to Niagara Falls, Ontario, and to Niagara Falls, New York in the U.S.A. -2- His Worship Mayor Smeaton discussed his former attendance at the American Bus Association Conference in Salt Lake City, Utah, and referred to the "tremendous impact" of the 'single destination' concept. He expressed apprec- iation to Mr. Paul and Mr. Gillies. - AND - Re~ort No. N-88-20 (HANDOUT) - Hayor Smeaton- Re: "Planning for the Future" Workshop. The report recommends that the Chief Administrative Officer, the Planning Director, and two representatives from Council be authorized to attend a "Planning for the Future" Seminar sponsored by the Niagara Falls, Canada, Visitor & Convention Bureau, and scheduled for February 6th to 8th, 1989, in Goderich. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and authorization granted. Carried Unanimously. UNFINISHED BUSINESS ~OPSOIL STRIPPING, WEST SIDE OF UPPER'S LANE- Report No. PD-88-197 - Chief Administrative Officer - Re: Topsoil Stripping, West Side of Upper's Lane. The report reviews the concerns, actions requested and actions taken to date, states that a recommendation report will be submitted subsequent to a Joint site inspection, and recommends that this status report be received and filed for information. Alderman Harrington asked that she be apprised of the site inspection date. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. HOLY FAMILY !~]CyyOUTHACCOtfiiODATXON ' Report No, 0-88-38 - Chief Admiuistrative Officer - Re: Cheque No. 36715, By-law No. 88-295, Moly Family Emergency Youth Accommodation. The report recon~nends that the above-referenced cheque, in the amount of $2,000.00, peyable to goly Family Emergency Youth Accommodation, be released. Hessrs. Joe Hueglin, Chairman, and Mr. Lynn Jones, Bookkeeper, Holy Family Centre, were in attendance to respond to questions raised. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with the following vote~ AYE: Aldermen Campbell, Chessman, Cowan, Herrington, Hinsperger, Hopkins, Janvary and Ward. NAYE| Aldermen Cummings, Orr, Puttick and Sherat. COMMUNICATIONS No. 15 - RosannaOrsiui, Public Relations Committee, Niagara Hosen in Crisis - Re: 1989 Woman of the Year Award Dinner - March 1, 1989 at Americana Motor Inn. The communication advises that the deadline for nominations is February 3rd, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 16 - petition from Ct~ysler Avenue & Park Street Residents - Re: Illegal Parking of Transport Trucks and prostitution. The petition refers to the subject matters and asks the assistance of ~ouncil to resolve the situation. Mr. Luigi Pullano, 4547 Crysler Avenue, was granted permission to address Council on the motion of Alderman Cummings, seconded by Aldermen Sherat. He discussed the concerns outlined in the petition and requested that action be taken to resolve the situation. ORDERED on the motion of Alderman Chessman, seconded by Alderman llinsparger, that the petition he received and referred to Staff to address the matter as quickly as possible, and further, that the petitioners be notified when a report is submitted to Council, Carried Unanimously. -3- No. 17 - Niagara l~ansit - Re: Bender Hill. The communication request the approval of Council and actlon to open Bender Hill for traffic to alleviate congestion in connection with the extension of the people mover system. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and referred to Staff. Carried Unanimously. No. 18 - Niagara Peninsula Conservation Authority - Re: Member Attendance to November 30, 1988. The communication attaches attendance records. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 19 - Himmater of Housing - Re: Affordable Uousing. The communication advises of the Mtnistry's program to create 30,000 non-profit units over the next few years, and attaches information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the communication be referred to Staff. Carried Unanimously. No. 20 - Hague Pine St. - Re: Cut off of Water at 2789 St. Paul Avenue. The communication expresses concern regarding actions taken by the City and "out of pocket expenses" in connection with water contamination at the above mentioned address. ORDERED on the motion of Alderman Cummings, saconded by Alderman Hinsperger, that the communication be received and filed, and acknowledged. Carried Unanimously. REPORTS PD-88-196 - Chief Administrative Officer - Re: AM-13/87 OPA No. 159 - Axel Beu, Pt. Lot 18, Cone. 3, East side of Oft Rd. The report recommends that Council approve the by-laws which have been prepared in accordance with Report No. PD-87-88. ORDERED on the motion of Alderman Cummings, seconded by Alderman Nopkins, that the report be received and adopted. Carried Unanimously. See By-law No. 88-314, By-law No. 88-315 and By-law No. 88-316. B-88-90 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 6 Unit Apartment Building; North West Corner of Buttrey Street & Terrace Avenue Committee of Adjustment Application A-7/88. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a pro- posed rsstdential apartment building, and the site plan being drawing Number A1, and the Site Services Plan, and filed with the Buildings & Inspections Depart- merit of the City of Niagara Falls on December 12th, 1988, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherat, that the report be received and adopted. Carried Unantmously_~. B-88-91 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 19 Storey Hotel; Oakes Drive A~-24/87. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 19 storey hotel, and the site plan being drawing Number SP-I, and the Mechanical Plan being drawing M-1 and filed with the Buildings & Inspections Department of the City of Niagara Falls on December 13th, 1988, and that such approval be subject to the conditions outlined in the report. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. B-88-92 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 10 Storey Hotel; 5851 Victoria Avenue AM-31/87. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a -4- proposed ten storey hotel, and the site plan being drawing Number SP-1, and the Mechanical Plan being drawing M-1 and filed with the Buildings & Inspections Department of the City of Niagara Falls on December 13ths 1988, and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-88-93 - Chief Administrative Officer - Re: Site Plan Approval - proposed Tourist Commercial/Apartment Complex, Victoria Avenue. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed combination Commercial/Apartment complex, and the site plan being drawing Number Als and the Landscaping Plan and the Site Grading and Drainage Plan being drawing Number M-l, and filed with the Buildings & Inspections Department of the City of Niagara Falls on December 13ths 1988, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. N~-88-208 - Hunicipal Works Department - Re: Committee Reports. recommends the following: 1) NW-88-203, Seneca Street & Fells Avenue Trunk Storm Sewers - It is recommended that: The report (i) The Consulting Engineering Firm of Proctor & Redfern Ltd. be retained to carry out the design and contract administration of these works; (ii) The $130,000.00 be allocated from the General Service Reserve Account for the estimated cost of consulting fees on this project. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 119. lt~-88-206 - Chief Administrative Officer - Re: Contract G.C. 37-88, Rainbow Gardens Subdivision - Additional Servicing for Semi-detached Lots. The report recommends that the unit prices submitted by the low tendeter, Volsci Construc- tion Ltd., be accepted and that the contract be awarded to this firm. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See Resolution No. 120. See/By-law No. 88-320. N~-88-208 - Municipal ~orks Committee- Re: recommends as follows: Committee Reports. The report 2) HM-88-207, Jolley Cut Improvements - (Amended Recommendation) It is recommended that the Firm of Kerry T. Howe Limited be retained to complete the detailed design for the necessary Jolley Cut pedestrian way improvements, subject to the banefitting adjacent property owners, namely, the Niagara Parks Commission, Welland Securities, Skylon and Moretta providing written confirmation of their willingness to share the cost of ' the project on the following basis: 1/3 - City of Niagara Falls; 1/3 - Niagara Parks Commission; 1/3 - Remaining adjacent property owners. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Puttick, that the amended reports as indicated above, be received and adopted. Carried Unanimously. See Resolution No. 121. -5- F-88-60 - Chief Administrative Officer - Re: Short Term Borrowing For Current Purposes - 1989. The report recommends that Council pass the by-law appearing in this evenfng's agenda to authorize the borrowing to an upset limit of $10,000,000.00 for current purposes for 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 88-319. F-88-61 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,952,428.11 for the period ending December 19, 1988 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 37863 on a conflict of interest because he is employed with the company. Additional information was provided on Cheque Nos. 37945, 37983 and 37998; and further information was requested on Cheque No. 37984. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 37863 on a conflict of interest previous- ly recorded; and with all others voting in favour. See By-law No. 88-323. S-88-23 - Chief Administrative Officer - Re: Assignment of Lease of the Closed Warren Avenue Road Allowance. The report recommends the following: 1) That the consent of the Council be given to the further assignment of the lease by the City of the closed Warren Avenue road allowance from Gruyich Services Inc. to 656508 Ontario Limited; 2) That, if the Council approves the assignment, the by-law on tonight's agenda be given 3 readings and be passed. Alderman Cummings declared a conflict of interest because his son is employed by one of the companies involved. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried wlth Alderman Cummings abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. See B~-law No. 88-322. 0-88-39 - Chief Administrative Officer - Re: Affordable Housing Conference - Valhalla Inn, Kitchener, February 22 and 23, 1989. The report recommends that Alderman Margaret Herrington attend the Provincial Conference on Affordable Rousing to be held in Kitchener, Ontario, on February 22-23, 1989. ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Hopkins, NAYE: Alderman Campbell, Cheesman, Cowan, Cummings, Harrington, Hinsperger, Janvary, Puttick, Sherat and Ward. Orr. 0-88-40 - Chief Administrative Officer - Re: Request for Extension of Reserve on Lot 47, Plan 243 - Teresa Lo, In Trust. The report recommends that the request for reserve, as approved by Council on April 25, 1988, be extended until February 28s 1989. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. -6- HW-88-197 (HANDOUT) - Chief Administrative Officer - Re: Sand/Salt Storage Tender. The Chief Administrative Officer referred to the above named report which had been considered in Committee of the Whole. The report recommends that Gambrel Structures Limited be awarded the contract to construct the sand/salt storage building at a tendered price of $169,071.34. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 122. RESOLUTIONS No. 118 - ORR- CA~B~i - RESOLVED that the City Clerk be authorized to issue a permit to the Chinese Cultural Festival for a fireworks display to be held on February 18, 1989, on Queen Street near Victoria Avenue, commencing at 11:30 a.m., subject to the applicants providing insurance coverage satisfactory to the Municipality; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 119 - HINSPER~ER- JANVARY - RESOLVED that the following recommendations be adopted with regard to the Seneca Street and Palls Avenue Trunk Storm Sewers: 1) The Consulting Engineering Firm of proctor & Redfern Ltd. be retained to carry out the design and contract administration of these works; 2) The $130,000.00 be allocated from the General Service Reserve Account for the estimated cost of consulting fees on this project ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 120 - JAIWARY - WARD - RESOLVED that the unit prices submitted by Volsci Construction Ltd. for Contract G.C. 37-88 - Rainbow Gardens Subdivision - additional servicing for semi-detached lots, be accepted at the low tendered amount of $86,639.25; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 121 - HXNSPE~ER- pH?TICK - RESOLVED that the following recommendation be adopted with regard to the Jolley Cut Improvements: That the Firm of Kerry T. Rowe Limited be retained to complete the detailed design for the necessary Jolly Cut pedestrian way improvements, subject to the banefitting adjacent property owners, namely, the Niagara Parks Commission, Welland Securities, Skylon and Moretta providing written confirmation of their willingness to share the cost of the project on the following basis: 1/3 - City of Niagara Falls; 1/3 - Niagara Parks Commission; 1/3 - Remaining adjacent property owners ; AND the Seal of the Corporation be hereto affixed. !, Carried Unanimously. Be. 122 - JANVAg! - O~t- RESOLVED that the unit prices submitted by Gambrel Structures Limited for the contract to construct the sand/salt s.torage building~ at the low tendered amount of $169,071.34, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, 7 BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 88-314 - A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-13/87 A. Beu; Lot 18, Conc. 3, Oft Road; Report PD-87-88 approved by Council June 15, 1987). No. 88-315 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. (AN-13/87 A. Beu). No. 88-316 - 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-13/87 A. Beu). No. 88-317 - A by-law to amend By-law No. 79-200, as amended. (AM-38/88 R. Mastracci, 5765 Montrose Rd.; Report PD-88-163 approved by Council October 17, 1988). No. 88-318 - 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-38/88 R. Mastracci). No. 88-319 - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1989. No. 88-320 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for additional servicing for semi-detached lots in the Rainbow Gardens Subdivision. No, 88-321 - A by-law to amend By-law No. 70-86, as amended, being a by-law respecting the sale and the setting off of fireworks in the City of Niagara Falls. No, 88-322 - A by-law to authorize an assignment of a lease of the closed Warren Avenue road allowance. No. 88-323 - A by-law to provide monies for general purposes. The motion Carried Alderman Cummings abstaining from the vote on By-law No. 88-322 on a con'6'h'~'f~ct of interest previously recorded under Report No. S-88-23; with Alderman Hinsperger abstaining from the vote on By-law No. 88-323 on a conflict of interest previously recorded under Report No. F-88-61; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the following by-laws be now read a second and third time: No, 88-314 - A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. No. 88-315 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. No, 88-316 - A.by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 788-317 - A by-law to amend By-law No. 79-200, as amended. -8- Ho, 88-318 No. 88-319 No. 88-320 - 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-38/88 R. Mastracci). - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1989. - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for additional servicing for semi-detached lots in the Rainbow Gardens Subdivision. No. 88-321 - A by-law to amend By-law No. 70-86, as amended, being a by-law · respecting the sale and the setting off of fireworks in the City of Niagara Falls. No. 88-322 - A by-law to authorize an assignment of a lease of the closed Warren Avenue road allowance. No. 88-323 - A by-law to provide monies for general purposes. The motion Carried Alderman Cummings abstaining from the vote on By-law No. 88-322 on a conflict of interest previously recorded; with Alderman }{insperger abstaining from the vote on By-law No. 88-323 on a conflict of interest previously recorded; and with all others voting in fayour. NEW BUSINESS rr~!s ol~ INTwm~'T: Recycling Council Information- Alderman Cummings discussed the benefits of recycling some items of information to Council. Niagara peninsula Conse~ation Authority - Alderman Harrtngtou referred to the attendance of Mr. Charles Oft at the N.P.C.A. meetings. Niagara Women In Crisis - No~an of the Year Award - Alderman Harrington encouraged members of Council to attend the Woman of the Year Award Dinner on March 1st, 1989. HeZ"A7 ChristMs - Alderman Cheesman wished members of Council a 'Merry Christmas". It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED,