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Minutes1989FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 9, 1989 Council met on Monday, January 9th, 1989, at 7:25 p.m. in Committee of the Whole. All members of Council were present. Alderman Cheesman presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. REA~j~/PTED PLANNING/REGULAR MEETING Council Chambers January 9, 1989 Council met on Monday, January 9th, 1989, 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 Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES Alderman Herrington asked that the action taken in the minutes of December 19th, 1988, Communication No. 16, Petition from Cryslat Avenue & Park Street Residents, be amended to read "ORDERED on the motion of Alderman Cheesman, seconded by Alderman Htnsperger, that the petition be 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." ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the minutes of the meeting held December 12th, 1988, be adopted as printed, and the amended minutes of December 19th, 1988, be adopted. Carried Unanimously. REPORTS - PLANNING MATTERS PD-88-181 - Chief Administrative Officer - Re: AM-43/88, R. & P. Lachman; 5770 Stanley Avenue. following: Zoning Amendment Application The report recommends the 1) That Council support the requested change in zoning to Tourist Commercial (TC), including modifications to the provisions regulating lot frontage, front yard depth with respect to the porch only and building height, and that no parking be permitted within 3 metres (10 ft.) of the Buchanan Avenue road allowance; 2) 3) 4) 5) That matters respecting storm water retention, fencing and buffering to protect adjacent residential lands, road widening requirements, eutrance- ways~ on-site traffic circulation and parking be resolved to the satisfac- tion of the City and Region through the site plan approval process; That a 1 metre (3 ft.) road widening strip be dedicated to the Regional Municipality of Niagara along the property's full frontage along Stanley Avenue (Regional Road 102); That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; That the applicant and the Regional Municipality of Niagara be advised accordingly, -2- - AND - Cos~unication No, 21 - Reuben Laclman- Re: AM-43/88 Zoning Amendment Application. The communication advises that the application for a 3 storey 28-unit Motel at 5570 Stanley Avenue, will be amended to a 40-unit 3 storey structure of similar design. 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 applicant, R. & P. Lachman, had requested an amendment to the Zoning By-law to permit the construction of a 3 storey, 28 unit motel; that the property was located on the east side of Stanley Avenue, through to Buchanan Avenue, and known Municipally as 5570 Stanley Avenue; and that Notices of the Public Meeting had been forwarded on December 9th, 1988. He stated that a letter had been received from the applicant, asking that the matter be withdrawn, that the applicant had acquired additional property and would like to present a new application for the February 1989 meeting. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hfnsperger, that the communication be received and filed and the matter be withdrawn, subject to the reappearance of a modified application. Carried Unanimously. PD-88-182 - Chief Administrative Offimer - Re: Zoning Amendment Application AM-41/86, Chapeltime Ministries of Canada Inc.; 13839 Sodom Road. The report recommends the following: 1) That Council support the requested change to the Rural (R) zoning, recognizing the existing institutional use and restricting the size and further use of the lands to the current proposal; 2) That the applicant provide the required waste disposal system and water supply to the satisfaction of the Regional Health Services Department; 3) That Staff be directed to prepare the necessary by-law amending Zoning By-law No. 395/1966 for enactment at a subsequent Council meeting; 4) That the lands be placed under Site Plan Control; -. 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No, 22 - Jobn Brodericks Solicitor - Re: PD-88-182, Zoning Amendment Application AM-41/86, Chapeltime Ministries of Canada Inc., 13839 Sodom Road. The communication attaches a petition in opposition to the applica- tion and advises of intention to address Council regarding the concerns of the petitioners. 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 Sodom Road, between Morning,tar Road and Baker Road, and known Municipally as 13839 Sodom Road; that the applicant, Chapeltime Ministries of Canada Inc., was requesting an amendment to the Zoning By-law in order to appropriately recognize the institutional use in the Rural Zone, and to permit further development and use of the land for religious and recreational purposes. He further advised that the Notices of the Public Meeting were forwarded on December 9th, 1988. His Worship Mayor Smeaton received indication that Glen Barker, Miller O'Dell and Paul, was lu attendance on behalf of the applicant; and received a pesitiye response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application. Re 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. Alderman Hopkins declared a conflict of interest because he a neighbout of the applicant, - 3- 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-88-176: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments From the Public Notification Process; and Planning Review. Mr. John Brodertck, Solicitor, addressed Council on behalf of a number of residents in the subject area who were opposed to the rezoning. Me referred to the petition which had been signed by a number of people opposing the application and submitted prior to the meeting; discussed the proposal to equip and convert the vacant second floor space of the assembly hall into 20 dormitory units. Mr. Brodertck pointed out that it is necessary "have a use in existence before you can expand that" use, and that "you can't have an extension of a use for a living accommodation unless the use is in existence". He advised that his clients were in support of the application with respect to recreational uses and the meeting hall with the exception of living accommodation on site. Mr. Glen Barker, Agent on behalf of the applicant, reviewed the proposal and advised that the basis for the application was to legalize a non-conforming use, and to add 20 auxilliary dormitory uses on the property by conversion on the second floor of the existing building. He discussed compatibility with the surrounding lands and minimal impact, accommodation and education for "troubled teens" within a program which has been recognized by the Provincial Minister of Education. Mr. Barker responded to questions raised regarding the proposal in terms of education, accommodation, number of individuals to be accommodated, and the educational program, as well as funding, and property taxes. Mr. Ernie Duff, President of Chapeltime Ministries Inc., responded to questions raised with regard to taxes paid and the application for tax relief, the current placement of the anticipated individuals in this non-cooeducational facility, the proposed curriculum, teaching staff, and stated that the maximum age of the anticipated inhabitants would be 20 years. Mr. Domentc Bomboci, 13896 Sodom Road, discussed concerns regarding dogs, belonging to the subject site, running loose in the area. During the discussion it was pointed out that the introduction of a 20-unit dormitory represented a new use which changed the character of the operation; that the dormitory was to become a significant part of the development; that rather than an ancillary use, the dormitory would be a residential school; and that uses of this nature should be established in areas of more suitable zoning, not in a rural community. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the communication and report be received and filed and the application denied. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cheesman, Cowans Cummings, Hinsperger, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman Herrington. PD-88-185 - Chief Administrative Officer - Re: Zoning Amendment Application AM-46/88, J. Smiley; Lots 18-20, Plan 264, Willoughby Drive. The report recommends the following: 1) 2) 3) 4) That Council support the requested change in zoning to the Low Denelty, Grouped Multiple D~ellings (R4) zone to permit 19 townhouse units, with the exception of the requested modification to the maximum building height provision; That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; That the lands be placed under Site Plan Control in order to address such matters as landscaping, fencings lighting, grading, parkings etco; That the applicant and the Regional Municipality of Niagara be advised accordingly. Alderman Sherat declared a conflict of interest because a relative lives in the subject area. - 4 - - AND- CossunieaCion No. 23(A) -Nargaret Johnston & NargaretLocis and Petition from Others - Re: AM-46/88 Zoning Amendment Application. The communication, which attaches a petition signed by 119 concerned residents, asks permission to speak at the January 9th, 1989 Council meeting, and the petition states that the zoning should remain institutional, or be change to RIC, RID, RIE- Single Family Residential, or R2 Single and Two Family Residential. - AND - Communication No, 23(B) - Petition from Residents in Subject Area - Re: Zoning Amendment Application AM-46/88. The Petition, signed by 73 residents, states that the construction of a "19 unit exclusive adult townhouse development would be beneficial to the growing community of Chippawa, and expresses agreement with the proposed amendment of the zoning by-law from Institutional to Low Density~ Group Nultiple Dwelling Residential (R4) to permit the development. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure would be followed under the Planning Act, 1983, as in the previous application. The Clerk advised that the applicant, J. Smiley, had made application to fezone a parcel of land from Institutional (I) to a Multiple Family Residential Zone (R4) for the development of a 19 unit townhouse complex; that the property was located on the west side of Willoughby Drive; and that Notices of the Public Meeting were forwarded on December 9th, 1988. He reviewed a letter which had been submitted earlier this evening, signed by Wayne & Candy Farquharson and opposing the application on the basis of the "major drainage problem" in Chippaws, the current number of "multiple dwellings on Willoughby Drive", invasion of privacy as well as shadow effect respecting adjacent residences. Worship Mayor Smeaton indicated the presence of the agent 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-88-180: 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 application was being recommendeds except for the increase in building height. Mrs. Margaret Johnston, 8624 Champlain Drive; Mr. Btff Lent, 3624 Bridgewater Street; Bruce Ktdd, 8734 Champlain Drive; Mary Hawryluk, 8690 Champlain Drive, and others were in attendance to express concerns regarding the numerous multi-family dwellings already in the subject area and the construction of additional multi-family units; the anticipated increase in the already large volume of traffic on Willoughby Drive; increase in number of school children, lack of sidewalks and danger to the children with regard to traffic; lack of privacy; increase in the flooding problem in Chippaws; and the possibility of increased vandalism, inebriation and crime in the area. Mr. Peter Lesdow, Architect and Agent for the developer, advised that duplex housing on the subject lands would provide 8 - 11 unitss whereas tile proposal i8 for 13 units; stated that Willoughby Drive is a "wider than normal" roadway with sidewalks in front of the property; and further stated that the storm water runoff would seep through the ground and into the sewer system. He explained that the modification in the building height was to accommodate the' chosen roof structure~ and further, that the single storey townhouses were intended for private ownership. Mrs. Zonna Smiley, one of the ownerss referred to school crossing guards to afford protection from traffic, discussed the necessity of upgrading the area in terms of aesthetics and quality of the development as well as population. She · stated that the Hydra lines paralleled the rear of the property and protected adjacent owners. During the discussion it was pointed out that the proposal would aggravate flooding problems; that Council would like to see a better gradation of apart- meats townhouses, semis and singles; and would prefer a lower density form of housing in this location, namely semis. Following a further discussion, His Worship Nayor Smeaton declared the Public Meeting closed. 5 ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that the report and communications be received and filed, and the application denied. The motion Carried with Alderman Sherat abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Cummings, Harrlngton, Hinsperger, Hopkins, Janvary, Puttick and Ward. NAYE: Alderman art. His Worship Mayor Smeaton declared a 5 minute recess at 9:35 p.m. Following the recess, Council reconvened for the balance of the meeting. PD-88-187 - Chief Administrative Officer - Re: Zoning Amendment Application AM-42/88, J.B. Kendall, 5775, 5773, 5765 Morrison Street & part 4 to Rear of Said Properties. The report recommends the following: l) That Council support the requested change in zoning to Apartment Residential (R5B), including the request to modify the provisions which regulate the minimum landscaped open space, the easterly interior side yard, the lot area per dwelling unit and maximum building height to permit a 3 storey, 17 unit apartment building; 2) That the applicant provide the necessary land dedications as required by the Regional Municipality of Niagara; 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, buffering, fencing, lighting, surface treatment, emergency access, etc.; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure, as in the previous application, would be followed. The Clerk advised that the property was located on the north side of Morrison Street, known Municipally as 5773, 5765 and 5775 Morrison Street, and included a portion of 5795 Morrison Street~ being the Niagara Falls Curling Club; that the applicant was requesting an amendment to the Zoning By-law to permit the construction of a 3 Storey, 17 unit apartment building; and that the Notices of the Public Meeting had been forwarded on December 9th, 1988. He further advised that a letter had been received from the Niagara Falls Curling Club Ltd. earlier on this date, with the information that Part 4 to the rear of the subject lands was not owned by J.B. Kendall and should not be included in the application. His Worship Mayor Smeaton received indication that the applicant was in attendance; and received a positive response to his request for a show of hands by persons interested in 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-88-179: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from Public Notification Process; Planning Review; and Site Plan Review. A brief discussion followed regarding the information recteved from the Niagara Falls Curling Club. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orrs that because of the concerns raised with respect to the subject landss the matter not be heard this evening. Carried Unanimously. -6- PD-88-188 - Chief Administrative Officer - Re: Zoning Amendment Application AM-45/88, W. Foreman, Orchard Grove Motel and Tent & Trailer Park; 8123 Lundy's Lane. The report recommends that Council not support the requested change to the Development Holding (DH) Zoning and Licensing By-law to permit the development of 40 camping sites to be used on a yearly basiss as the development contradicts objectives of the City's Official Plan and does not reflect the neighbourhood planning guidelines which have been established for the area. - AND - Comunieation No. 24(A) - CN Pail - Re: Proposed Zoning Amendment Application AM-45/88: Orchard Grove Motel and Tent & Trailer Park, 8123 Lundy's Lane; Mile 27.6, Stamford Subdivision. The communication advises that the Railway does not favour the location of any new residential development adjacent to the operated right-of-way; that the development should comply with CN standards for noise, vibration and safety; and that the CN Warning Clause be imposed as noted on the attached enclosure. - AND - Communication No. 24(B) - Gordon J. Faris - Re: Proposed Zoning Amendment AM-45/88. The communication expresses opposition to the proposed application, concern regarding the adequacy of current sewage systems to handle increased flow; and questions the use of the road allowance being utilized by campers as well as ownership of the road allowance. His Worship Mayor Smeaton declared the Public Meeting open and indicated that the same procedure would be followed as in the previous applications. The Clerk advised that the property was located on the north side of Lundy's Lane and known Municipally as 8123 Lundy's Lane; that the applicant, W. Foreman had requested an amendment to Zoning By-law No. 79-200 and Schedule 9 of the Ctty's Licensing By-law 76-102 to permit 40 trailer sites to be used for residential occupancy; and that Notices of the Public Meeting had been forwarded on December 9th, 1988. His Worship Mayor Smeaton indicated the presence of W. Foreman, 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-88-173: Development Proposal; Official Plan; Zoning and Licensing By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; Site Plan Control; and Housing. Ms. Allsen Badger, 8279 Lundy's Lane advised that she was in support of the application. Mrs. Shirley Schaubel, 7988 Beaverdams Road; Domenic Chiarella, 8045 Booth Street; Gabriel Mallouk, 7856 Rysdale Street; and others expressed concerns regarding maintenance on the subject lands, the possible opening of Booth Street and increased traffic with no sidewalks and in a neighbourhood with senior citizens as well as school children; diverse land elevations and current sewage problems; invasion of privacy; noise; devaluation and marketability of adjacent properties. A letter from Mrs. Mary Willlama, 7950 Beaverdams Road, was reviewed, indicating concerns with regard to vandalism and anticipated problems previously mentioned. The Chief Administrative Officer provided an explanation regarding the concerns raised with respect to the original unopened road allowance which had been closed by Victoria Statute in 1856, and conveyed to the 'Township of Stamford. Mr. W. Foreman, applicant, explained that the proposal was for a travel trailer park, with large lot sizes to provide space for landscaping and gardens. He discussed the recent increase in property taxes~ and the necessity of year-round business to make this a high quality, viable operation. During the discussion, reference was made to assessment appeal and the current need for affordable housing. Since no further comments were forthcoming, Mayor Smaaton declared the Public Meeting closed. ' -7- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sherat, that the report be received and adopted, and the application denied. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Alderman Puttick. PD-88-190 - Chief Administrative Officer - Re: Zoning Amendment Application ~a-32/86, City of Niagara Falls. The report recommends the following: 1) That Council support the amendment to Zoning By-law 79-200, as amended, to add Supportive Housing: Adult Community Mental Health Homes to the current list of group homes permitted by the City's Zoning By-law; z) That Council pass the amending zoning by-law with respect to this proposal as included in the Council agenda; 3) That Council direct Staff to advise Regional Niagara that the City will initiate a more comprehensive group home by-law amendment once the City's review of the group home issue is complete. His Worship Mayor Smeaton declared the Public Meeting open, advised that this was initiated by the Municipality. The Director of Planning and Development advised that a Notice was published in the local newspaper on December 10th, 1988. He discussed the subject lands with the assistance of posted sketches and reviewed the following information contained Technical Report No. PD-88-178: Official Plan; Zoning By-law; Comments from the Public Notification Process; and Planning Review. His Worship Mayor Smeaton received a positive response to his request for a show of hands by persons interested in the application. He explained the procedure, and asked that any person wishing to make submissions would be allowed to do so. Notices of the Public Meeting were forwarded to interested persons on November 24th, 1988. Ms. Judy Adamson, Program Coordinator for Mental Health, expressed agreement with the application. 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 Cummings, that the report be received and adopted. Carried Unanimously. See BT-law No. 89-10. It was moved by Alderman Cheesman, seconded by Alderman Janvary, that leave be granted to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Alderman Cheesman, Cowan, Cummings, Harrington~ Hinsperger~ Hopkins~ Janvary, Orr, Puttick~ Sherat and Ward. NAYE: Alderman Campbell. P9-89-09 - Chief Administrative Officer - Re: T.G. Bright & Co. Ltd., East Side of Dorchester Road. The report recommends the following| i) That Council, prior to the passing of the amending by-law for T.G. Bright & Co. 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 Public Notice; 2) That Council enact the amending by-law in accordance with Section 34(17) of the Planning Act. °8- 9 ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 1. See By-law No. 89-12, and By-law No. 89-13. DEPUTATION ST. PAUL A¥~IUE WATER- Communication No. 25 - Wayne Pine St. - Rex St. Paul Avenue Water Problem. The communication requests permission to address Council regarding planned future action with regard to the subject matter. Mr. Pine submitted a written list of "Unanswered Questions", as well as a petition signed by 327 citizens asking that a public inquiry be held to determine the cause of contamination of putable water servicing to several homes on St. Paul Avenue; why officials took so long to resolve the problem, and refused to release information which was critical to the health and safety of residents involved; and further, requesting adequate safeguards which would ensure that a similar circumstance will not occur. It was noted that public enquiry had been held during the past months, that a response had been made with respect to documents referred to. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the list of "Unanswered Questions" be received and referred to Staff for a response, to be submitted to Council within the next few weeks, and that Mr. Pine be notified of the date. Carried Unanimously. UNFINISHED BUSINESS IqlRGHASE OF S3qtEETLIGHTS &POLES FORQUEEN STREET PRIDE PROGRAM- Report No. MW-89-01 - Chief Administrative Officer - Re: Purchase of Street Lights & Poles for Queen Street PRIDE Program. The report recommends that the required street lights and poles for the PRIDE Program on Queen Street, from Cryslat Avenue to Valley Way, be ordered from Guillevin International Inc. at an estimated cost of $62,882.36. ORDERED on the motion of Alderman Cheeaman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 2. EASEMENT COSTS -REMEDIAL WORKS - CHIPPAWA SANITARY SEWAGE SYSTEM - Report No. C-89-01 - Chief Administrative Officer D Re: Easement Costs - Remedial Works - Chippawn Sanitary Sewage System. The report recommends that Council request the Niagara South Board of Education to make an exception to an existing policy as it relates to the suggested charges for the provision of an easement necessary for the installation of storage tanks on the King George V School property. Alderman Janvary declared a conflict of interest because she is employed by the Niagara South Board of Education. 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 favour. COMMUNICATIONS No, 26 - Regional Niagara Public Works Department - Re: Niagara Falls Pollution Control Planning Infrastructure Committee. The communication asks that the Director of Municipal Works or a senior Public Works Staff member be assigned to the Committee, and inviting representation from City Council. Aldermen Harrington and Hopkins volunteered to participate on the Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Aldermen Herrington and Hopkins, and the Director of Municipal Works be author- ized to participate on the Committee, and the Region approached to ascertain if they would be willing to accept two Aldermen on the Committee. The motion Carried with the following vote: AYE: Aldermen Campbell~ Chessman, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. NAYE: Alderman Janvary. No. 27 - Regional Niagara Public Works Department - Re: MISA Program. The communication requests that a senior member of the Public Works Staff be authorized to participate on the Special Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the Director of Municipal Works appoint a member of Staff. Carried Unanimously. No. 28 - The Corporation of the Township of Kingston - Re: Municipal Strategy for Abatement (M.I.S.A.). The communication requests support of a resolution petitionlug the Minister of the Environment that Municipal expendi- tures associated with this program be fully subsidized by the Province. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cowan, that the request be endorsed. Carried Unanimously. No. 29 - Regional Niagara Public Works Department - Re: 1989 Roads Rehabilitation Program. The communication attaches Report DEA-344, Item 23, a draft program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed. Carried UnanimousiT. No. 30 - Niagara District Health Council - Re: "Overview Report" - Niagara's Health Action Plan for the '90s. The communication attaches the aforementioned report and requests comments. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 31 - Niagara Falls Hydro Electric Commission- Re: Commissioners Remuneration Increase 1988-89. The communication requests Council's approval of a 4.2% increase. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the request be approved. The motion q~[ried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan~ Herrington, Hinsperger~ Hopkins, Janvary, Orr, Puttick and Ward. NAYE: Aldermen Cummings and Shetar. See Resolution No. 3. No. 32 - Regional Niagara Office of the Clerk - Re: Third Quarter 1988 Building Permit Activities. The communication attaches Report DF88-166. Alderman Harrington requested information regarding the percentage of apartments involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried UuanimouslT. No. 33 - Ministry of the Environment - Re: OWMC - Waste Management System Environmental Assessment. The communication attaches information regarding the location of copies of the environmental assessment, ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and filed, Carried Unauimousl~. - 10 - No. 34 - Office of Consolidated Hearings - Re: Notice of Preliminary Meeting - Joint Board under the Consolidated Hearings Act. The communication advises that the aforementioned meeting is scheduled for January 18th, 1989, Royal Canadian Legion, Smithvilla. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htuspergers that the communication be received and referred to the Environmental Assessment Comittee. Carried Unanimously. No, 35 - Nlniatry of the Falvtronmeat - Re: Certificate of Approval No. 3-2178-88-006. The communication advises that the above named Certificate of Approval is for the construction of an interim remedial sewage storage scheme on Meats Crescent and Sarah Street to service the Chippawa Community. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No, 36 - Nick Bascisnos Nountainviea Homes Limited- Re: 156 Acres Industrial Land, Montrose Road, Near Niagara Square. The communication advises that Mountainview Homes would be interested in acquiring the City's option with respect to a proposed Business and Industrial Park. Aldermen Cummings and Sherat declared conflicts of interest because they are employed with the firm involved. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that the communication be received and referred to the Proposed Industrial Park Committee. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. No. 37 - Eleanor N. Lewis, Office CoOrdinator, Airhelmet of Niagara Region - Re: Proclamation. The communication asks Council to proclaim the month of January 1989 as "Airhelmet Awareness Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and the request approved subject to established policy. Carried Unanimously. NO. 38 - Joe Sadowski, Executive Director, C~nRdinaTribute to R,m-n Rights - Re: Tribute. The communication invites participation in the Tribute with a donation to its construction. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and the request denied. Carried Unanimously. REPORTS F-89-01 - Finance Committee - Re: Committee Reports. The report recommends the following: 1) Jr. 'B' Csnueks C~nge Room Proposal - It is recommended that the change room proposal be referred to 1989 budget discussions; 2) 3) 4) 5) 6) Pitch-In ~tario request for funds - It is recommended that the request for funds be referred to the Greening and Environmental Committee; Kin,sen & lineties Clubs request for advertise,eat - It is recommended that the advertisement request be denied; Jesuit Centre request for funds - It is recommended that the request for funds be denied; Hospital for Sick Children request for rude - It is recommended that the request for funds be denied; Library financial reports for Septsaber and October 1988 - It is recommended that the financial reports be received and filed for information; - 11 - 7) Nusane Society finRncial reports for October and November 1988 - It is recommended that the financial reports be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimousl7. F-89-02 - Chief Adsinistrative Officer - Municipal Accounts. The report recommends that the accounts totalling $3,400,438.45 for the period ending January 9th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 38385 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 38246 because his wife is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 38038, 38231, 38372 and 38373 because he is employed by the company. Alderman Hopkins declared a conflict of interest on Cheque No. 38246 because he is employed by the Board. Alderman Janvary declared a conflict of interest on Cheque No. 38046 because her husband has a business interest. Alderman Ward declared a conflict of interest on Cheque No.. 38343, 38357, 38430 and 38458 because of a business interest. Additional information was provided on Cheque Nos. 37481, 38189, and 38469, and further clarification waa requested on Cheque No. 38284. ORDERED on the motion of Aldermen Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Campbell, Chessman, Hinsperger, Hopkins, Janvary and Ward abstaining from the vote on Cheque No.. 38385, 38246, 38038, 38231, 38372, 38373, 38246, 38046, 38343, 38357, 38430 and 38458 respectively, on conflicts of interest previously recorded; with Alderman Cummings voting contrary on Cheque No. 38166; with Alderman Orr voting contrary on Cheque No,. 38226, 38385 and 38435; and with all others voting in fayour. See B~-law No. 89-14. Aldensan Chessman - Re: Resolutions by Peace Organizations. The report attaches a newspaper article from the Niagara Falls Review entitled, "Peace in our time, despite U.S.S.R.' and suggested that the article be re-read when asked to endorse resolutions be peace organizations calling for banning of weapons systems or endorsation of disarmament proposals. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and filed. The motion Carried with the following Vote: AYE: NAYE: Aldermen Campbell, Chessman, Cowan, Cummings, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. Alderman Herrington. CD-89-01 - Chief Adainistrative Officer - Re: Public Meeting - Naming original Netherby Road Allowance "Hankin Road". The report recommends the following: 1) That subject to input received at this public meeting, the by-law on tonight's Agenda be given 3 readings and be passed; 2) That subject to no objection being received from the Town of Fort Erie, the by-law be registered in the Registry Office for Niagara South. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. See B~-law No. 89-02. - 12 - S-89-02 - Chief Administrative Officer - Re: Stopping Up and Closing and Sale of Part of Highland Avenue, North of the Queen Elizabeth Highway, Registered Plan No. 44 for the former Township of Stamford. The report recom- mends that Council pass the by-law appearing on tonight*s ageuda to authorize the stopping up and closing and sale of part of Highland Avenues after first hearing any person who claims that his land will be preJudictally affected by the by-laws and who applies to be heard. Mr. W.G. Hardwick, 6458 Bellevue Street, expressed opposition to the sale of the property to Mr. Fred Grigoroff, and concern regarding the sewer lateral as well as the fence which has been erected by Mr. Grigoroff. He indicated that he would like to submit a bid on one-half of the property. The Chief Administrative Officer advised that if and when the property was sold~ the Municipality would retain the right to enter upon the property at any time to maintain the sewers. Mr. and Mrs. Fred Grigoroff, 6364 Bellevue Street, advised that the fence had been erected on the east side of the property, after receipt of a letter from the office of the City Solicitor, and prior to a subsidy deadline set by the Province. Mr. Grigoroff advised that he had paid the costs of the survey on the said lands. During the discussion, the Solicitor advised that there was a by-law on tonight's Agenda to stop up and close the road, that there would be a subsequent by-law to include a sale price for the property~ and an opportunity given each of the owners to purchase the property. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. See By-law No. 89-03. H-89-01 - Mayor See,ton - Re: Niagara Falls Thunder Hockey Team - Citizens' Committee. The report provides information regarding the implementation of a Citizen8' Committee to work in conjunction with the management of the team, and recommends that Alderman Cummings be as8igned to the Committee as requested by Hr. Rick Gay. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessmans that the report be received and Alderman Cummings be authorized to act on the Citizens' Committee. Carried Unanimously. N~-88-200 (HANDOUT) - 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 tenderer, Ground Aerial Maintenance Service Ltd.~ be accepted and that this contract be awarded. Council was advised that the Niagara Falls Hydro was not interested, or prepared to do the work required at the present time. Mr. Larry Vaughan, 3084 Chipman Crescent, Ground Aerial Maintenance Service Ltd. discussed the activities and cost of the servicing contract. ORDERED on the motion of Alderman Hiusperger, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbells Chessman, Cowans Cummings, Harringtons Hinspergers Hopkius, Janvary, Orrs Puttick and Ward. NAYE: Alderman Sherat. See Resolution No. 4. See By-law No, 89-04. RESOLUTIONS No, I - CUI~INGS - HINSp!mCER- RESOLVED that this Council does determine,. in accordance with the provisions of the Planning Acts 1983, that the changes to the proposed By-law Amendment (AM-41/88, T.G. Bright & Co. Ltd. - Pt. Twp. Lot 107, on the east side of Dorchester Road) for the Niagara Falls Planning Area, are minor in nature and do not require giving any further noticeI AND the Seal of the Corporation be hereto affixed, Carried Unanimously, - 13 - No, 2 - C!IEESHAI~- HINSPE~ER - RESOLVED that the unit prices submitted by Guillevin International Inc.s for the purchase of street lights and poles for the Queen Street PRIDE Program, be accepted at the low tendered amount of $62,882.36; AND the Seal of the Corporation be hereto afflxed. Carried Unanimously. No. 3 - JANVARY - CAMPBRIJ. - RESOLVED that the Council of the City of Niagara Falls approve a 4.2% increase in remuneration for the Niagara Falls Hydro Commissioners based on the All Canada Consumer Price Index, as follows: - Commission Chairman - Commissioners $2,036.02 1,696.41 ; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Cummings and Shetar voting contrary and with all others voting in favour. No. 4 - gINSPEElER - CAMPBRI1 - RESOLVED that the unit prices submitted by Ground Aerial Maintenance Ltd., for Contract S.L. 36-88 General Maintenance Pole Replacement and Installation of New Street Lighting Fixtures, at the low tendered amount of $753,575.00, be accepted; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Sherat voting contrary and with all others voting in favour. APPOIIMS ON BOARDS COMMISSIONS & CO~ITrEES Y.W.C.A. Representative - The Chief Administrative Officer advised that representatives of the Y.W.C.A. had artended the Finance Committee meeting earlier today and had requested a member of Council be authorized to participate on their Board as soon as possible. His Worship Mayor Smeaton asked that his office be advised of anyone wishing to volunteer for the position. B.L.D. Committee - ORDERED by Alderman Cummings, seconded by Alderman Htnsperger, that Alderman Ward be authorized to represent Council on the B.L.D. Committee. Carried Unanimously. Niagara Falls Humane Society - ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that Alderman Hinsperger be authorized to represent Council as a voting member on the Niagara Falls Humane Society Boards with Alderman Janvary as an alternate. Carried Unanimously. BY-LAWS A discussion ensued regarding By-law No,. 89-05 and 89-06 Mount Carmel Phase II Plan of Subdivision. Miss Jean Grandoat, 4810 Garner Road, was granted permission to speak on the motion of Alderman Cummings, seconded by Alderman Hopkins. The motion Carried with Aldermen Orr and Sherat voting ~ontrary, and all others voting in favour. Miss Grandoni expressed opposition to the passing of the aforementioned by-laws, this evenfuR, and asked Council to table these until further information was submitted in this matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that By-law No,. 89-05 and 89-06 be tabled for further information. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessmans Cowan, Cummings, Harrington, Hinspergers Hopkins, Puttick and Ward. NAYE: Aldermen Janvary, Orr and Sherat. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sherat, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: - 14 - No, 89-01 - A by-law to provide for appointments to certain Boards, Commissions and Committees. No. 89-02 - A by-law to change the name of pert of Netherby Road, in the former Townships of Crowland, Willoughby and Humbar.tone, to Hankin Road. No. 89-03 - A by-law to stop up and close and to authorize the sale and conveyance of part of Highland Avenue. No. 89-04 - A by-law to authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd. for general maintenance, pole replacement and installation of new street lighting fixtures. No. 89-05 - Tabled. No. 89-06 - Tabled. No. 89-07 - A by-law to authorize the execution of an agreement with Tony Ravenda. Ro~ 89-08 - A by-law to designate an area as an Improvement Area and to establish for such area a Board of Management. No. 89-09 - A by-law to amend By-law No. 79-200, as amended. (AM-20/88 Pinewood Homes (Niagara) Ltd., Donlee Drive & Moatrose Road; Report PD-88-88 approved by Council June 13, 1988). Re. 89-10 - A by-law to amend By-law No. 79-200, as amended. (Report pD-88-190 re amendment to Zonlng By-law for Supportive Housing & Adult Commaunity Mental Health Homes on tonight's ageads for approval by Council). No. 89-11 - A by-law to amend By-law No. 87-87, being a by-law regarding cemeteries. No, 89-12 - A by-law to amend By-law No. 79-200, as amended. (AM-41/88 T.G. Bright & Co. Ltd., east side of Dorchester Rd.; Report PD-88-159 approved by Council October 17/88. Further Report & Resolution on tonight's agenda). No. 89-13 - 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 subsection 5 of section 40 of the Planning Act, 1983. (AM-41/88 T.G. Bright & Co. Ltd., east side of Dorchester Road). No. 89-14 - A by-law to provide monies for general purposes. 'The motion Carried with Alderman Shetar voting contrary on By-law No. 89-04 as previously~d under Report No. 88-200; with Aldermen Campbell, Cheesmans Hinsperger, Hopkins, Janvary and Ward abstaining from the vote on By-law No. 89-14 on conflicts of interest previously recorded under Report No. F-89-02; with Aldermen Cummlngs and Orr voting contrary on By-law No. 89-14 as previously recorded under Report No. F-89-02; and wlth all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the following by-laws be read a second and third time: 89-01 - A by-law to provide for appointments to certain Boards, Commissions and Committees. Re, 89-02 - A by-law to change the name of part of Netherby Road, in the former Townships of Crowland, Willoughby and Humberstone, to Hankln Road. No, 89-03 - A by-law to stop up and close and to authorize the sale and conveyance of part of Highland Avenue. · 0 . 0 15 - 15 - No. 89-04 - A by-law to authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd. for general maintenance, pole replacement and installation of new street lighting fixtures. No, 89-05 - Tabled. No. 89-06 - Tabled. No. 89-07 - A by-law to authorize the execution of an agreement with Tony Raveads. No. 89-08 - A by-law to designate an area as an Improvement Area and to establish for such area a Board of Management. No. 89-09 - A by-law to amend By-law No. 79-200, as amended. (AM-20/88 Pinewood Homes (Niagara) Ltd., Donlee Drive & Montrose Road; Report PD-88-88 approved by Council June 13, 1988). Re. 89-10 - A by-law to amend By-law No. 79-200, as amended. (Report PD-88-190 re amendment to Zoning By-law for Supportive Housing & Adult Community Mental Health Homes on tonight's agenda for approval by Council). No. 89-11 - A by-law to amend By-law No. 87-87, being a by-law regarding cemeteries. No. 89-12 - A by-law to amend By-law No. 79-200, as amended. (AM-41/88 T.G. Bright & Co. Ltd., east side of Dorchester Rd.; Report PD-88-159 approved by Council October 17/88. Further Report & Resolution on tonight's agenda). No. 89-13 - 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. (AM-41/88 T.G. Bright & Co. Ltd., east side of Dorchester Read). No. 89-14 - A by-law to provide monies for general purposes. The motion Carried with Alderman Sherat voting contrary on By-law No. 89-04 as previously recorded; with Aldermen Campbell, Cheesman, Hinsperger, Hopkins, Janvary and Ward abstaining from the vote on By-law No. 89-14 on conflicts of interest previously recorded; with Aldermen Cummings and err voting contrary on By-law No. 89-14 as previously recorde; and with all others voting in favour. It was moved by Alderman Campbell, seconded by Alderman Orr, that the meeting adjourn. ~4kNNAN TY CLERK ' ' SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 16, 1989 Council met on Monday, January 16th, 1989, at 6:45 p.m. in Committee of the Whole. All members of Council were present. Alderman Oft presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND PTED, C~ PLANNING/REGULAR MEETING Council Chambers January 16, 1989 Council met on Monday, January 16th, 1989, 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 Sherat offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the minutes of the meeting held January 9th, 1989, be adopted as printed· Carried Unanimously· PRESENTATION "THUNDER" J~. A HO~d~Z T]~- His Worship Mayor Smeaton welcomed Mr. Rick Gay, new owner of the "Thunder" Jr. A. Hockey Teem, and Jamte Leach, team player, to the meeting and expressed pleasure with the success of the team· He congratulated and presented Jamie Leach with a plaque of recognition of his achievements. Alderman Cummings discussed the recent purchase of the team by Mr. Gay, the quality and success of this Jr. A. Hockey Team~ and encouraged members of Council to attend the games. Mr. Gay expressed appreciation for the support received in the community and indicated his intention to keep the team in NIagara Falls· REPORTS - PLANNING MATTERS 1~88-184 - Chief Admiuist~mtive Off~ee~- Re: Zoning Amendment Application AM-44/88, A. Calaguiro, Calaguiro Estates~ Plan M-92~ Lots 1-32 & 72-98. The report recommends the following: 1) That Council support the proposed rezoniug of the subject lands for the purpose of upgrading current zoning standards reapacting minimum side yards~ lot coverage~ floor area and landscaping; 2) That endorsatton be given to the relotting of the existing subdivision plan to provide for eight (8) additional lots and that the Zoning By-law be modified to prescribe new minimum standards reapecting lot frontage and lot areas. 3) That Staff be directed to prepare the necessary Zoning By-law amendment for enactment at a subsequent Council meeting; 4) That Staff be directed to prepare the necessary Part Lot C~ntrol By-law for enactment at a subsequent Council meeting; -2- 5) That any additional works necessitated by the relotting of the subdivision be incorporated into the subdivider's agreement prior to servicing of the subdivision; 6) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Comeunication No. 39 - Albert C. ~elaguiro - Re: AM-44/88 Zoning Amendment Application. The communication asks that the Hearing be tabled until further notice. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the procedure ~o be followe~ under the Planning Act, 1983. The Clerk advised that the applicant, A. Calaguiro had made application to improve certain provisions, which apply to the lots yet to be developed, for the subdivision north of the existing Calaguiro Estates; that the Notices of the Public Meeting had been forwarded on December 16th, 1988; and referred to the letter from Mr. Calaguiro asking that the matter be tabled until further notice. His Worship Mayor Smeaton received indication that Mr. R.J. Matthews, agent for the applicant was in attendance; received a negative response to his request for a show of hands by persons interested in the application; and asked that any persons present 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 in the area. ORDERED on the marion of Alderman Orr, seconded by Alderman Hopkins, that the communication be received and filed and the matter be tabled with the understanding that the procedure for processing will again be required. Carried Unanimously. PD-89-13 - Chief Adm~uistrattve Officer - Re: Zoning Amendment Application A~-47/88, Aiello Holdings Ltd., 5640 Stanley Avenue & North Street. The report recommends that Council not support the requested change to the Tourist Commercial (TC) zoning to permit the construction of an 8 storey, 96 unit hotel as the development does not support Council*s Hotel Study Interim Guidelines and will adversely impact the residence surrounding the site. The report recommends that the application not be approved for the following reasons: 1) The proposed high-rise hotel is located outside the core tourist area recommended by the Lanmer/Fenco Study and Council*s Hotel Study Guidelines; 2) This proposal will detract from the objectives of the Lanmer/Fenco Study to create a coordinated physical identity and will diminish the efforts to make the pedestrian area of Clifton Hill, the attractions and natural vistas along the rim of the Queen Elizabeth Parkt a significant destination; 3) The property is removed from the pedestrian oriented area and areas which provide unique views or vistas considered to be desirable for high-rise hotels; 4) Any immediate redevelopmeat of the subject lands would be more appropriately guided by the current provisions of the Zoning By-la~; 5> 6) The development proposes a density which is reserved for areas where high-rise hotel development may be considered; The proposal to provide 22.6 percent landscaping does not satisfy the recommended figure of 25 percent landscaping as advocated by the Hotel Guidelines; 7) Shadow drawings submitted with the application clearly indicate that shadows will be cast on surrounding residential land uses; -3- 8) This proposal will remove an existing structure which currently provides a certain degree of visual and noise protection to abutting residences. The high-rise hotel will further reduce the privacy of area residences and result in increased traffic on Buchanan Avenue; 9) The redevelopment potential of the five residential properties abutting to the east are not contemplated through this proposal and the 8 storey hotel will be a visual intrusion in the neighbourhood. - AND - Co~aunication No. 40(A) - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-47/88 Proposed 8 Storey Hotels Stanley Avenue and North Street. The communication advises that the Regional Planning Staff are not opposed to the proposed hotel as a use, but have concerns about the impact of the proJect's size on the adjacent residential area. - AND - Com~unication No. 40(B) - Regional Niagara Public Works Department - Re: Zoning Amendment AM-47/88 Aiello Holdings Ltd. The communication advises that Regional Niagara Public Works Staff is concerned with respect to the substandard road allowance width of 80 feet at the location, the minimum width of the central driveway, a site servicing drawing and Regional entrance permit. - AND - Comannication No. 40(C) - Vincent Nancuso - Re: AM-47/88. The communication expresses concerns and opposition to the rezoning in terms of shadow effect, noise and pollution, adequacy of existing sewers to handle increased sewage flow, commercial travel on North Street and Buchanan Avenue, parking, damage to adjacent lands caused by air conditioners, and property marketability. 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 southeast corner of the intersection of Stanley Avenue and North Street, known Municipally as 5640 Stanley Avenue; that the applicant, Aiello Holdings Ltd., was requesting an amendment to the Zoning By-law in order to appropriately recognize the institu- tional use in the Rural Zone, and to permit the construction of an 8 storey, 96 unit hotel. He further advised that the Notices of the Public Meeting were forwarded on December 16th, 1988. His Worship Mayor Smeaton received indication that Mr. William Slovak, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands 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. PI)-89-03: 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 regarding the Lanmer/Fenco Study, and recommended that the application not be supported for the reasons previously recorded. Mr. Scott raidwell, 5641 Buchanan Avenue, on behalf of himself and two other residents of the subject area, expressed concurrence with the recommenda- tion of the Director of Planning, discussed the objections outlined in Communication No. 40(C), as well as landscaping and setbacks, and asked that Council not support the application. Mr. Slovak submitted a petition signed by 17 neighbouring residents in support of the application. He discussed actions taken to redesign and relocate the site in an effort to reduce the shadowing and crowding effect that was currently being experienced; as well as parking~ landscaping and setback from Stanley Avenue. Mr. Slovak indicated that the access to Buchanan Avenue, provision of the required landscaping and elimination of parking could be - 4 - accommodated. He referred to the current car wash in this area, stated that the proposal would not increase the traffic, pointed out that the current zoning allows for construction which would have a less desirable impact, and discussed unsuccessful attempts to purchase neighboating properties. Mr. Slovak stated that every "application should be looked at on its own merits". Mr. Lorne Rankin, Haverty & Rankin Ltd. s Architects, Hamilton, discussed the shadow effect on nearby residences. Mrs. Aeillo referred to the attempts to resolve concerns of the neighbouts. A discussion followed regarding the exclusion of windows end air conditionere next to adjacent residences, and future plans for the area. 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 Puttick, that the application be approved. It was moved by Alderman Cheeeman, seconded by Alderman Ward that the motion be amended to include the condition in the motion that the access to Buchanan Avenue be closed. The amendment which took precedent was Defeate~ with the following vote: AYE: Aldermen Chessman, Hinsperger, Orr, Puttick and Ward. MAYEr Aldermen Campbell, Cowan, Cummings, Herringtons Hopkins, Janvary and Sherat. The motion to approve the application was Defeate~ with the following vote: AYE: Aldermen Chessman, Htnsperger, Orrs Puttick and Ward. NAYE: Aldermen Campbell, Cowan, Cummingss Herrington, Hopkins, Janvary and Sherat. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan~ that the communications be received and filed and the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Herringtons Hopkins, Janvary and Sherat. MAYEr Aldermen Chessman, Hinsperger, Orr, Puttick and Ward. PD-89-11 - flhief Administrative Officer - Re: Zoning Amendment Application AM-50/88, 743211 Ontario Inc. (M. Carluccio), Part Lot 188. The report recommends the following: 1) That Council support the requested change in zoning to Low Density, Grouped Multiple Dwellings Zone (I{4) to permit the development of the lands for multi-family residential use; 2) That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; 3) That the lauds be placed under Site Plan Control in order to address such matters as landscaping, buffering, fencluEs lighting, surface treatment~ emergency access, etc., at the time of the development; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly, The report recommends approval of the rezoning based on the following issues: 1) The proposed multi-family use of the subject lands generally appears to be compatible with the character of the surrounding residential neighbourhood which consists predominantly of a mix of single family, two-family and multi-family dwellings; 2) The development, in principles satisfies the intent and purpose of the Official Plan and provides an alternative form of housing; 3) The proposed multi-family use accommodates residential inteneifications thereby maximlzing the use of the existing Municipal services; -5- 4) Approval of the request to amend the zoning on the lands from Single and Two Family Residential (R2) to Low Density, Grouped Multiple Dwellings (R4) will satisfy a condition of the Hunter Heights draft plan of subdivision. - AND - Communication No. 41(A) - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-50/88 Proposed Multi-Family Residential Development, Dorchester Road, south of Fern Avenue. The communication advises that the Regional Niagara Planning Staff supports the application in principle. - AND - Communication No. 41(B) - John Kay - Re: Zoning Amendment Application AN-50/88. The communication expresses opposition to the application in terms of increased destruction of property and annoyance, increased traffic and road degradation, and increased pressure on existing park and facilities. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure would be followed under the Planning Act, 1983, as in the previous application. The Clerk advised that an application was being made to amend the zoning by-law to permit the development of the subject lands for multi-family residential use; that the property was located on the east side of Dorchester Road south of Fern Avenue; and that the Notices of the Public Meeting had been forwarded on December 16th, 1988. His Worship Mayor Smeaton indicated the presence of Mr. F.P. Paul, of Miller O'Dell and Paul, agent for the applicant, and received 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 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-89-06: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. There was a negative response to Mayor Smeaton's request for comments from those in support of, or opposed to the application. Mr. F.P. Paul, referred to a previous meeting, at which time the City had been informed of the purchase of additional property, and that a site plan therefore made "no sense". He explained that the intent was to make the zoning on the subject property compatible with the adjacent land to the south. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orrs seconded by Alderman Campbells that the report be received and adopted. Carried Unanimously. PD-89-05 - Chief Administrative Officer - Re: Zoning Amendment Application AM-51/89, Messrs. Larry Keighau and Charles Wood; Lots 58 & 155s Plan 251, Chippaws. The report recommends the following: 1) That Council support the requested change in zoning to the Single and T~o-Family Residential (R2) zones including the request to modify the provision which regulates the minimum lot area, to permit the construction of a two-family dwelling on each parcel; 2) That the applicant provide the necessary land dedications as required by the Regional Municipality of Niagara; 3) That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly, -6- The recommendation was based on the following issues: 1) The removal of the lands from Chippawa's commercial inventory is appropriate in that the subject lands are located outside of the Cummington Square node and appear to be surplus to the commercial needs of Chippaws; 2) The proposed development is compatible with surrounding land uses; 3) The proposed modification to the minimum lot area provision is appropriately minor in nature and should not adversely impact upon the surrounding area; 4) The proposed development adheres to the intent of Chippawa Community Secondary Plan; 5} The proposed development accommodates residential infilling on two vacant lots in a registered plan of subdivision. - AND - Cossunication No. 42 - Regional Niagara planning & Development Department - Re: preliminary Application AM-51/88, Proposed Semi-Detached Dwellings; Main and Bridgewater Streets, east of Sophia Street. The communication advises that the Regional Planning Staff have no objection to the approval of the proposed rezoning. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure would be followed under the Planning Act, 1983, as in the previous application. The Clerk advised that an application was being made to amend the Zoning By-law to permit the construction of a two-family dwelling on both parcels of land; that the property was located on the north side of Main Street through to Bridgewater Street; and that the Notices of the Public Meeting had been forwarded on December 16th, 1988. His Worship Mayor Smeaton indicated the presence of the applicants, Mr. Larry Keighan and Mr. Charles Wood; and 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 No. PD-89-01: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; and Comments from the Public Notification Process. There was a negative response to Mayor Smeaton's request for comments from those in support of, or opposed to the application. In response to questions raiseds the Director of Municipal Works advised there was no plan to make a recommendation for the construction of sidewalkss at this time. Since no further comments were forthcomings His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the report be received and adopted, Carried Unanimously. FD-89-14 - Chief Administrative Officer - Re: Zoning Amendment Application AM-52/88 AND O,P,A. No, 178 - Brian Sterritt; South Side of McLeod Roads between Stanley Avenue and Drummond Road, The report recommends the following|. 1) That Council support the requested amendments to the Official Plan and Zoning By-law, changing the designation to Residential and the zoning to Single Family and Two-family Residential (R2) with the exception of modifying the required front yard provision to 5.48 mettea (18 ft,); - 7- 2) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 3) That the by-law respecting the change in zoning be deferred until the proposed plan of subdivision receives draft plan approval; 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 same procedure would be followed under the Planning Act, 1983, as in the previous applications. The Clerk advised that an application was being made to amend the Zoning By-law and Official Plan to permit the development of the site for residential purposes through the plan of subdivision approval process; that the property was located south of McLeod Road between Stanley Avenue and Drummond Road, and east of the future extension of Alex Avenue in the Drummond Park Village plan of subdivision; that the Notices of the Public Meeting had been forwarded on December 16th, 1988; and Notice was published in the local newspaper on December 16th, 1988 with respect to the Official Plan Amendment. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent; and received 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 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-89-02: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. He recommended that Council support the application. There was a negative response to Mayor Smeaton's request for comments from those in support ofs or opposed to the application. Mr. Glen Barker, Miller O'Dell & Paul, discussed the proposal on behalf of the applicant. He expressed concurrence with improved streetsraping and the front yard setback; discussed the designs previous proposals for the subject lands, shadowing, and size of the subject property, as well as the adjacent lands. 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. The motion Carried with the following vote: AYE: Aldermen Campbell~ Chessman, Cummings~ Herrington, Hinsperger, Hopkins, Janvarys Orr, Sherat and Ward. NAYE: Aldermen Cowan and Puttick. PD-89-15 - Chief Administrative Officer - Re: Zoning Amendment Application AN-53/88s L. D'Amico; 5577 Ellen Avenues Chalet Motor lnn& 5534s 5538 and 5546 McGrail Avenue, The report recommends the following: 1) That Council support the proposal to amend the Zoning By-law to permit 3 lots on McGrail Avenue to be used for parking purposes in conjunction with the Chalet Motor Inn and a proposed 20 unit expansion on Ellen Avenue with the exception that these lands be zoned Parking (P) instead of the requested Tourist Commercial (TC) zone; 2) That no access be permitted onto McGrail Avenue and that the parking area proposed to be created, be no closer to the street line than the average setback of the residential properties on McGrail Avenue; 3) That Staff be directed to proceed with the disposal of the laneway between the applicant~s holdings, to be sold at market value; I _g- 4) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting. - AND - CossunicationNo- 43(A) - Regional Niagara planning & Development Department - Re: preliminary Application AM-53/88, Motel Expansion and Additional parking; Ellen Avenue, southwest of Walnut Avenue. The communication advises that Regional planning Staff have no objection to the approval of the application- - AND - Conanaication No. 43(B) - Elmira Dick - Re: Zoning Amendment Application AM-53/88, Chalet Motor Inn. The communication opposes the application in terms of increased traffic, noise, vandalism and theft; and requests that no access be installed to McGrail Avenue, speed bumps be installed in the parking lot area, and that an 8 foot wooden privacy fence be erected around the parking area. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure would be followed under the planning Act, 1983, aa in the previous applications. The Clerk advised that the applicant's intention was to demolish two dwellings on McGrail Avenue, facilitating the construction of a parking lot; that the property was located on the west side of Ellen Avenue and the east side of McGrail Avenue, between Walnut and Centre Streets; and that the Notices of the public Meeting had been forwarded on December 16th, 1988. Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent; and received 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 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-89-04: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He advised that the Planning Department was in support of the proposed development and Zoning By-law amendments, with certain modifications. There was a negative response to Mayor Smeaton's request for comments from those in support of, or opposed to the application- Mr. Ernie Cronter, D.L. Enterprises, addressed Council on behalf of the applicant. He explained the proposal; and expressed concurrence with no access to MeGrail Avenue, with the exception of the installation of'a wooden gate to · allow access for the entry of an occasional bus. We stated that the house on the subject property could be demolished if necessary, however, this asset had been calculated in financing the project. Mr. Cronier expressed concern regard- ing the designation of Parking rather than Tourist Commercial as suggested by the Planning Director, as well as the amount of required landscaping with the installation of a privacy fence. He further stated that the development might not be financially viable unless approval is received for the required units. Since no further comments were forthcoming, His Worship Mayor Smeatou declared the Public Meeting closed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheeaman, Cowan, Cummings~ Herringtons Hinspergers Hopkins, Janvary, Orr, Sherat and Ward, NAYE:Alderman Puttick. 1~D-89-18 - Chief Adsinistrative Officer - Re: Zoning Amendment Application A~-55/88~ Parkview Hotel; Southwest corner Murray Street and Buchanan Avenue· -9- The report recommends that Council reserve its decision on the request to fezone the subject lands, to permit a further increase in building height and to add a number of rooms to the hotel structure by utilizing leased lands for parking purposes, until Staff have had an opportunity to review certain matters and are prepared to make further recommendations. - AND - Conaunication No. 44(A} - John B. Hopkins, Solicitor - Re: Zoning Amendment Application AM-55/88, Parkview Hotel. The communication requests permission to address Council and states that a deferral of approximately three weeks will be requested. - AND - Communication No. 44(B) - Regional Niagara Public Works Department - Re: Zoning Amendment AM-55/88, V. Menechella (Ritz Motel Ltd.), Niagara Road 37 & 102, Murray Street at Stanley Avenue. The communication advises that the Regional Public Works Department has no objections to the zoning amendment. - AND - Communication No. 44(C) - OntarloRydro - Re: Zoning By-law Amendment Application AM-55/88. The communication advises that the Ontarlo Hydro has conveyed a lease to the applicant to permit parking and landscaping on Hydro lands which were included in the application. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. It was moved by Alderman Cummings, seconded by Alderman Ward, that the Public Meeting be held as scheduled. The motion Carried with Alderman tlopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. His the same previous Worship Mayor Smeaton declared the Public Meeting open and advised that procedure would be followed under the Planning Act, 1983, as in the applications. The Clerk advised that the applicant proposes to lease lands from Ontario Hydro and to construct a 5 storey, 75 unit addition to the partially constructed 14 storey, 188 unit hotel. He advised that the lands were located on the southwest corner of the intersection of Murray Street and Buchanan Avenue; and that the Notices of the Public Meeting were forwarded on December 16, 1988. His Worship Mayor Smeaton received an indication that the applicant and his agent 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. Mr. John B. Hopkins, Solicitor for Zap Inc., the adjoining land owner, stated that the Technical Report and Recommendation Report of the Planning Department had not been received until earlier on this date, and requested that the matter be deferred. The Director of Planning & Development expressed the understanding that the request would be for a continuation of the Hearing to provide the opportunity for preparation, and not a request for for a tabling motion. Mr. Dante MarineIll, Solicitor for the applicant, advised that it was important to have the matter dealt with "as expeditiously as possible", but that his client was in agreement with a two week extension to January 30th, 1989. Mr. Hopkins referred to the information included in the Notice of Public Meeting which states that the Technical Report with respect to the proposal would be available from the Planning Department 6 days in advance of the scheduled meeting. He expressed concurrence with the suggested extension period. ORDERED ou the motion of Alderman Campbell, seconded by Alderman Cummings, that the matter be deferred for two weeks. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour, - 10 - His Worship Mayor Smeaton declared a 5 minute recess at 10:15 p.m. Following the recess, the Council reconvened in the Council Chambers. DEPUTATION MINISTRY OF ENVIRONMENT STUDY - MAI~PROBL!~' Communication No. 45 - Rmgional Co.nclllor Sol~l - Re: MOE Study - Water problem. The communication requests permission to address Council at the meeting scheduled for January 16th, 1989, regarding the water problem in the north end of the City and the need to establish a Backflow preyenter Program for the City. Rational Councillor Sobol distributed a copy of a report addressed to the City of Niagara Falls from the Ministry of the Environment, to Council members, regarding the water in the St. paul Avenue area. He discussed the recommenda- tions contained therein, regarding the installation of the backflow preyenter et the car wash, the water line leading to the soapers at the car wash, the suggestion of a backflow preyenter on the water line servicing the greenhouse operation, and compliance with the plumbing Code with respect to Chemical Leaman Trucking operation. Regional Councillor Sobol stated that Mr. Pine was concerned regarding the statsment in the report with respect to "aluminum"- The Chief Administrative Officer advised that a meeting had been held Jointly between representatives of the Ministry of the Environment, the Regional Health Services Department and City Staff, and further, that the anticipated final submission had been received from the Ministry on January 12th, 1989. He stated that two reports are in the process of preparation at this time and would be submitted a8 soon as poasible. UNFINISHED BUSINESS MOUNT CARMEL SUBDIVISION pHASE II - Report No. NW-89-05 - Chief Administrative Officer - Re: Engineering Agreement - Mount Carmel Subdivision Phase II. The report recommends that the by-law appearing on tonight's ageride authorizing an agreement with the City and Kerry T. Howe Limited for the provision of engineering services for the Mount Carmel Subdivision Phase II~ be approved. - AND - Comsmnicatiun No. 46(A) & (B) - S.A. Branscombe, River Realty Development (1976) Inc. - Re: Mount Carmel Phase II Subdivision- The communications attach information for members of Council with respect to the 'required procedure in connection with the engineering agreement, and requesting permission to ~ddress Council at its upcoming meeting. - AND - Comsunication No. 46(C) - Miss Jean Oranduni - Re: Mount Carmel Subdivision Phase II. The communication advises that Miss Grandoni and her brother, Peter Graudoni, may wish to address Council at the upcoming meetings and requesting that they be notified of all Council and Committee meetings with respect to the subject matter· A discussion followed regarding the importance to the City and the developer of having the engineering by-law proceed. The Director of Municipal Works advised that a delay would cause the developer to lose "lead time" between the present time and approval of the subdivision plan· Mr. Liuo Rossis 5491 Robinson Streets stated that the engineering agreement did not specifically address the concerns with respect to the diversion of water into the basin proposed by the Mount Carmel Plan Phase II, nor the effect of the diversion on downstream land owners· He stated that the engineering agreement did not contain the requirement for au Impact Study, and that the concern was to have an Impact Study completed prior to approval of the report and by-laws· Kossi referred to contacts with representatives of the Niagara peninsula Conse. rvation Authority, and the responsibility of the City in this matter, ··ooll - 11 - During the discussion, the Director of Municipal Works explained the necessity of hiring an Engineering firm with the expertise to assess the need for an Impact Study. ***** It was moved by Alderman Cummings, seconded by Alderman Hopkins, that leave be granted to proceed past 11:00 p.m. The motion was Defeated with the following vote: AYE: Aldermen Cowan, Cummings and Hopkins. NAYE: Aldermen Campbell, Cheesman, Harrtngton, Hinsperger, Janvary, Orr, Puttick, Shetar and Ward. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-17 - A by-law to amend By-law No. 79-200, as amended. (AM-19/88 P.R.F. Inc., Thorold Stone Mall Expansion; Report PD-88-103 approved by Council July 11, 1988, subject to conditions). No. 89-18 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 89-19 - A by-law to authorize an agreement with P.R.F. Inc. The motion Carried with Alderman Cummings voting contrary, and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the following by-laws be now read a second and third time: No, 89-17 - A by-law to amend By-law No. 79-200, as amended. No. 89-18 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 89-19 - A by-law to authorize an agreement with P.R.F. Inc. The motion Carried with Alderman Cummings voting contrary, and with all others voting in favour. A discussion was held with respect to adjournment of the meeting. Mis Worship Mayor Smeaton declared that the meeting was adjourned to Tuesday~ January 17th, 1989, at 4:30 p,m. READ AND ADOP EDs SEVENTH MEETING PLANNING/REGULAR MEETING Council Chambers January 17, 1989 Council met on Tuesdays January 17th, 1989, at 4:30 p.m. for the purpose of considering the remainder of the regular business not dealt with at the meeting of Council held on January 16th, 1989 and adjourned until 4:30 p.m. on January 17th, 1989. All members of Council, with the exception of Alderman Campbell, who was absent on business commitments; and Alderman Chessman, who was absent on Municipal business, were present. Aldermen Hopkins and Sherat were not in attendance at the beginning of the meeting. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. COMMUNICATIONS No. 47 - The Corporation of the Teenship of Kingston ~ Re: Exclusionary Zoning. The communication invites participation in a request to the Province to consider the matter of Exclusionary Zoning only in the context of a formal Provincial Policy Statements such as the Housing Policy Statement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 48 - Niagara Falls Big Sister Association - Re: Proclamation. The communication asks Council to proclaim February 5th to llth~ 1989, as "Big Sister Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the request be approved subject to established policy. Carried Unanimously. No. 49 - St. Mary's Ukrainion Cothelic Church - Re: Proclamation. The communication asks Council to proclaim January 21st to 27th, 1989, as "Ukrainian Independence Weeks and requests permission to fly the Ukrainian Flag. ORDERED on the motion of Alderman Cummingss seconded by Alderman Hinspergers that the request be approved subject to established policy. Carried Unanimously, No. 50 - Niagara Grape & Wine Festive.l- Re: 38th Annual Celebration. The communication advises that the 3gth Annual Celebration of the Festival is scheduled for September 22nd to October 1st, 1989s and requests funding assist- ance in the amount of $1,100,00. ORDERED on the motion of Aldermen 0rrs seconded by Alderman Janvarys that the communication be received and referred to the Finance Committee for consideration. Carried Unanimously. No, 51 - Niagara Peninsula ConservationAuthority- Re: Reduced Standards for Flood Protection. The communication attaches a copy of revised Policies and Procedurest to be effective March 1st, 1989s and an Invitation to attend a seminar on this matters January 25ths 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward~ that the communication be received and referred to Staff. Carried Unanimously. No. 52 - Niagara Peninsula ConservationAuthority- Re: Review of Conservation Authorities Program. The communication attaches a copy of the response to the subject programs and requests comments. ORDERED on the motion of Alderman Cummingss seconded by Alderman Hinsperger, that the communication be received and referred to Staff. Carried Unsnlmqua17. No, 53 - Outsrio Arenas Association- Re: Future Annual Conferences. The communication requests an indication of a future year the City would host an Ontario Arenas Conference (after 1990), and information regardin~ a commitment being made for a new Council. ORDERED on the motion of Alderman Cummingss seconded by Alderman Orr, that a communication be forwarded to the Ontario Arenas Associations askin~ that the Conferanne be beld in Niagara Falls in 1991, Carried Unanimo. u.81~. -2- ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that Alderman Puttick be authorized aS a delegate to attend the Ontario Arenas Association Conference in Thunder Bay in 1989. No. 54 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report for November 1988. The communication attaches Report DEP-2884. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. REPORTS. F-89-01 - Chief Administrative Officer - Re: Fire Alarm Monitoring System. The report recommends that Council approve the termination of the agreement with Peninsula Communications of Niagara Falls and pass the by-law, appearing on tonight's agerids, to authorize a new agreement with Fire Monitoring of Canada Inc. of Niagara Falls, to supply the same service. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 89-20. B-89-01 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for the month of December, 1988. The report provides information regarding activities during 1988, and recommends that the report be received and filed. The Department was commended on their efforts. ORDERED on the motion of Alderman Cummings, seconded by Alderman Mineperger, that the report be received and adopted. Carried Unanimously. S-89-01 - Chief Administrative Officer - Re: Closing and Sale of Walkway 48(1) between Lots 21 & 22, Plan M-32, on the southerly side of Village Crescent. The report recommends the following: 1) 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 named walkway, and who applies to be heard; 2) That if there are no such claims, the Council pass the two by-laws listed on tonight's ageads, one to stop up and close 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. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 5. See By-law No. 89-15, and By-law No. 89-16. NW-89-02 - Chief Administrative Officer - Re: Assumption of the Mewbum Road Pumping Station by the Regional Municipality of Niagara, The report recommends that the Regional Municipality of Niagara be requested to assume the o~nership and operation of the Mewbun Road Pumping Station. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. HW-89-03 - Chief Administrative Officer - Re: By-law to Authorize the Reconstruction of Queen Street from Cryslat Avenue to Valley Way, The report recommends the following: -3- 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, authorize the above works; and to 2) That, subject to their being no valid objections, the by-law appearing on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. See By-law No. 89-22. F-89-03 - Finance Committee - Re: Committee Reports. The report recommends the following: 1) Library financial report for November 1988- It is recommended that the Library financial report be received and filed for information; 2) Course on "Taking Charge" - It is recommended that Alderman Harrington attend the "Taking Charge" course March 20 - 23, 1989 at a cost of $850.00; 3) Seminar on "MUnicipal Risk HaUngement' - It is recommended that a member of the Finance Department attend this one day seminar on insurance at a cost of $125.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that recommendation No. 1 be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that recommendation Nos. 2 and 3 be received and adopted. The motion Carried with Aldermen Cowan and Orr voting contrary on recommendation No. 2, and with all others voting in favour. NO. F-89-04 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,539,848.41 for the period ending January 16th, 1989s be approved by the passing of the by-law appearing later on the uganda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 38497 and 38539 because he is employed by the Company. Alderman Ward declared a conflict of interest on Cheque Nos. 38580 and 38590 because he has business interests. Additional information was provided on Cheque Nos. 38574, 38575, 38623 and 38604. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Hinsperger and Ward abstaining from the vote on Cheque Nos. 38497, 38539, 38580 and 38590 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 89-23. C~-89-02 - Chief Administrative Officer - Re: Lottery Licence Suspension. The report recommends that Council revoke the current licenee of St. Matthews Cathedral operating as St. George's Chapel, and that an indefinite suspension be issued pending the outcome of criminal proceedings. Aldermen Cummings and Ward declared conflicts of interest because they are members of organizations which are associated with running bingos. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. -4- 5 S-89-03 - Chief Administrative Officer - Re: Agreement between P.R.F. Inc. and the City - Thorold Stone Mall Expansion. The report recommends that the by-laws appearing on tonight's agenda to authorize the above noted agreement, be passed. It was noted that the by-laws were passed at the Council Meeting held January 16th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 89-17, By-law No. 89-18, and By-law No. 89-19. M-89-02 -Nayor Smeaton - Re: Illumination of the Rapids Above The American Falls. The report recomanends that the Council of the City of Niagara Falls approve the participation of the Niagara Falls Illumination Board in the funding of a project to illuminate the rapids above the American Falls, and that the said funding be taken from a "Future Illumination Replacement Fund" of the said Board. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 5 - rUliNgS - ORR- 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. 89-15 to stop up and close and to authorize the sale and conveyance of a public walkway running southerly from Village Crescent between Lots 21 and 22 on Registered Plan M-32; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. UNFINISHED BUSINESS ST. PAUL A~IIIUE - WAT~ Bn.l. - Alderman Cummings referred to a contact he had received from the local newspaper with respect to a Registered letter forwarded to Mr. W. Pine by the City, advising that his water would be cut off on January 20th, 1989. The Director of Finance and the Maintenance & Operations Engineer explained the procedure and actions taken with respect to this matter. It was pointed out, by the Maintenance & Operations Engineer, that the water would not ha cut off until a final report had been submitted for the consideration of Council on January 30th, 1989. Alderman Sherat entered the meeting. ORDERED on the marion of Alderman Cummings, seconded by Alderman Wards that Mr. Pine's water not be cut off until a report has been received. Carried Unanimously. NEW BUSINESS ITSIS OF CO~iC!IN: Rosberg's Depart,ant Store/Closure - ORDERED on the marion of Alderman Janvary, seconded by Alderman Cummings, that a letter be forwarded to the Rosberg family, from Mayor Smeaton's office, express- ing appreciation for the number of years the Rosberg Stare had been of service to the community. Carried Unanimously. Printing Equip,eat - ORDERED on the marion of Alderman Janvary~ seconded by Alderman Cummings, that Staff be authorized to investigate the purchase of new equipment for printing in the print shop~ estimated costss and long range plans, Carried Unanimously. Cigarette & Beer Advertising- Alderman Puttick expressed concern regarding the advertising of cigarettes and beer on City Transit buses, and requested information regarding the policX of Niagara Transit on this matter. His Worship Mayor Smeaton stated that he would make an investigation and submit the requested information. UNFINISHED BUSINESS EN(III~-~RING A~Rmm~Elfr - NOIrNT ~ SUBDIVISION PHASE II - NM-89-05 - Chief Administrative Officer - Re: Engineering Agreement - Mount Carme1 Subdivision Phase II. The report recommends that the by-law appearing on tonightss agenda, authorizing an agreement with the City and Kerry T. Howe Limited for the provision of engineering services for the Mount Carme1 Subdivision Phase II, be approved. Miss Jean Grandoni, 4810 Garner Road, distributed information to members of Council with respect to Subdivision Application Procedure and information regarding the Mount Carmel Phase II Subdivision. She reviewed a written submission respecting the aforementioned procedure, expressed concern with regard to Section 50(4) of the Planning Act, in terms of health, safety, convenience and welfare of the present and future inhabitants of the local Municipality; the effect of the development on matters of Provincial interest; the possible prematurity of the development; conservation of natural resources and flood control; questioned the Engineering Agreement; expressed the concerns of Peter Grandoni regarding the diversion of surface or piped systems from the Ten Mile Creek watershed into the Shriner's Creek watershed and preservation of the woodlot; and suggested that an informal discussion should be held as well as an on site inspection. Alderman Hopkins entered the meeting. Alderman Puttick retired from the meeting. Miss Grandoni asked that the aforementioned concerns be resolved prior to approval of the report. The Director of Municipal Works stated that the engineer would be addressing the concerns of Jean and Peter Grandoni, and stated that "the engin- eering to be done is defined generally in the Engineering Agreement because all the terms and references which have not been defined will be under the draft plan"; and further, that the "Engineering Agreement is all-encompassing" and "is made to cover the entire subdivision". The Director of Planning & Development discussed the Policy and Procedure Manual of the City of Niagara Falls regarding the holding of a Public Meeting under the Planning Act, and stated that the City was not required to hold Public Meetings for subdivision approvals. He further stated that the Public Meeting was held about one month ago, and further, that this meeting was not held under the Planning Act, but as an extension of the Planning Act. The Director of Planning & Development advised that the "very substantive questions" which have been raised were under review at the present time, and that a further report would be submitted to Council from the Clerk's Department at a later date. Mr. Stuart Branscombe, River Realty Development (1976) Inc., referred to the communications distributed to Council members with the agerids, to the concerns raised by Miss Grandoni and Mr. Lino Rossi, and stated that in order to resolve the concerns~ an engineering agreement must be approved. He discussed the three Phases of the proposed subdivision; the underground servicing of Phase Is the persons interested in the lots of Phase II; referred to an additional agreement signed, at the request of the City Solicitor, and pointing out that River Realty Development was responsible for the engineering services; and stated that the numerous questions of Miss Grandoni and Mr. Rossi must be answered by engineers. Mr, Branscombe referred to contacts with the Niagara Peninsula Conservation Authority; discussed prior payment for downstream works of Shriner's Creek; OMB approval of the lots being within the urban boundaries; and stated that they would be in agreement with a discussion between Miss Grandoni, Mr, Rossi and the engineers, He requested that Council allow the company to proceed. - 6 - In response to questions raised by Mr. Lino Rossi, Mr. Branscombe stated that a meeting had been held, during the summer of 1988s between representatives of the Conservation Authority, City Staff and himself. The Director of Municipal Works assured Council members that Kerry T. Howe Limited was being hired by the City, that the City has control of the engineering; and that an environmental study was a possibility which would be within the planning processes and condition of approval of the plan itself. During the discussion, the City Solicitor advised that action taken by the City would not prejudice the City, but that any person who made application for a plan of subdivision and was refused, had the right of appeal to the O.M.B. He further advised that the Region had the power of approval rather than the City. The Solicitor stated that "any change of a plan or refusal to approve of a draft plan or final plan of subdivision would be completely without prejudice to the City". Mr. Rossi indicated that be did not approve of the procedure, and further, expressed the view that an environmental impact atudy wan a prerequisite to the agreement. Following further discussion, it was moved by Alderman Orrs seconded by Alderman Cowan, that the report be received and adopted. The motion Carried ~ith the following vote: AYE: Aldermen Cowan, Herrington, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Alderman Cummings. See By-law No. 89-05, and By-law No. 89-06. BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the following by-laws be now read a third time: 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. Carried Unanimously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-05 - A by-law to authorize the execution of an agreement with Kerry T. Howe Limited respecting engineering services for the Mount Carmel Phase II Plan of Subdivision· No. 89-06 - A by-law to authorize the execution of an agreement with River Realty Development (1976) Inc. for the payment of consulting engineering services respecting the proposed Mount Carmel Phase II Plan of Subdivision, No. 89-15 - A by-law to stop up and close and to authorize the sale and conveyance of a public walkway running southerly from Village Crescent in Registered Plan ~-32, No, 89-16 - A by-law to set the sale price of a closed walkway in Registered Plan M-32 and to fix the period for abutting owners to exercise their right to purchase, No, 8~-20 - A by-law to authorize an agreement with Fire Monitoring of Canada Inc. No. 89-21 - Withdrawn. No, 88-22 - A by-law to authorize the reconstruction of Queen Street from Crysler Avenue to Valley Way. No. 88-23 - A by-law to provide monies for general purposes, -7- The motion Carried with Alderman Cummings voting contrary on By-law Nos. 89-05 89-06; with Aldermen Hinsperger and Ward abstaining from the vote on By-law No. 89-23 on conflicts of interest previously recorded under Report No. F-89-04; and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 89-05 - A by-law to authorize the execution of an agreement with Kerry T. Howe Limited respecting engineering services for the Mount Carmel Phase II Plan of Subdivision. No. 89-06 - A by-law to authorize the execution of an agreement with River Realty Development (1976) Inc. for the payment of consulting engineering services respecting the proposed Mount Carmel Phase II Plan of Subdivision. NO. 89-15 - A by-law to stop up and close and to authorize the sale and conveyance of a public walkway running southerly from Village Crescent in Registered Plan M-32. No. 89-16 - A by-law to set the sale price of a closed walkway in Registered Plan M-32 and to fix the period for abutting owners to exercise their right to purchase. No, 89-20 - A by-law to authorize an agreement with Fire Monitoring of Canada Inc. No. 89-21 - Withdrawn. No. 88-22 - A by-law to authorize the reconstruction of Queen Street from Cryslat Avenue to Valley Way. No. 88-23 - A by-law to provide monies for general purposes· The motion Carried with Alderman Cummings voting contrary on By-law Nos. 89-05 and 89-06; wi"r~dermen Hinsperger and Ward abstaining from the vote on By-law No. 89-23 on conflicts of interest previously recorded; and with all others voting in favour. It was moved by Alderman Orr, seconded by Alderman Cummings that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 January 23, 1989 Council met on Monday, January 23rd, 1989, at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton and Alderman Campbell, were present. Alderman Htnsperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ ~eqD OPTED, REGULAR MEETING Council Chambers January 23, 1989 RESOLUTION No. 6 - CJ~MXSH~N- HIMSPaCER - RESOLVED that Alderman Patrick Cummings be authorized to act as Presiding Officer during this regular meeting, in the absence of His Worship Mayor Smeaton, due to illness; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Council met on Monday, January 23rd, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of His Worship Mayor Smeaton, who was ill, and Alderman Campbell, who was in Ottawa on business, were present. Alderman Patrick Cummings presided as Chairman. Alderman Cowan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Hfnsperger, that the minutes of the meeting held January 16th, 1989 be adopted as printed. Carried Unanimously. DEPUTATION SC(N]TINC BIRTHDAY PARTY - NIAGARA SQUARE- Cosmunication No. 5~ - Bob Carlaw, Executive Director, Boy Scouts of Canada, Niagara District Council - Re: Birthday of Scouting's Founder, Lord Baden Powell. The communication contains an invitation to attend a Scouting Birthday Party at Niagara Square, during the week of February 20th to 25th, 1989, and participate in the 1989 Tower of Food. Mr. Bob Carlaw, and Hugh Detlor, Chairman Special Events, were in attendance. Mr. Carlaw reviewed the communication, and advised that non-perishable food would be presented to the City's food bank. The Presiding Officer, Alderman Cummings, expressed appreciation to the representatives of the Boy Scouts of Canada. UNFINISHED BUSINESS ~J~-29/88, D. HABIe~LI (COxfxNENTAL PANCAXE ~OUSE) - ~89~0 - ~ief A~uistrati~Officer - Re; ~-29/88t D. Marineill (Continental Pancake House)~ ~ort~est corner Spring Street and ~uchanan Avenue. The report reco~ends the 1) That the attached compendium of reports, memorandums and submissions be received and filed; 2) That By-law Nos. 88-291 and 88-292 be adopted in accordance with Council's prior decision. NOTE: The adoption of by-laws will permit formal objections to be lodged, and a bearing of objections before the Ontario Municipal Board. Alderman Sherat declared a conflict of interest because he was a member of the Committee of Adjustment at the time of a Hearing in this matter. Mr. John Chirico, 6240 Norerrs Drive, discussed concerns he had conveyed at a previous meeting; stated that he understood his mother was not "entitled" to a shadowing report because only commercial properties were involved, although his mother was in residence prior to the Tourist/Commercial zoning designation. The Solicitor expressed the opinion that the Public Hearing was completed and should not be re-opened unless proper notice was given end another Public Meeting held, and this should be held if issues of good planning were being considered. In response to questions raised regarding the possibility of errors being made in the procedure, he referred to a memorandum from the Legal Depart- ment with respect to description of the lands, and stated that he would not have been misled and would consider it to be an error minor in nature. During the discussion, it was pointed out that a decision should be made to close the matter and refer it to the Ontario Municipal Board, or go through the process of another Public Meeting. The Director of Plannning & Development advised that the submission of shadow drawings were encouraged in all applications for high rise developments, however, this application was only to accommodate a "peak roof". He stated that the by-laws were prepared based on the decision of Council with respect to Tourist/Commercial standards, with the exception of the "peak roof", that provision was made for the protection of the Spring Street setbacks and an amendment had not been made with regard to parking. Mr. Dante MarineIll, Solicitor, was in attendance and indicated that he did not wish to address Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Sherat abstaining from the vote on a conflict of interest previously recorded, and with the followin~ vote: AYE: Aldermen Chessman, Cowan, Hinsperger, Janvary, Puttick and Ward. NAYE: Aldermen Herrington, Hopkins and Orr. See By-law No. 88-291, and By-law NO. 88-292. COMMUNICATIONS No. 56 -Toen of Paris - Re: Cable T.V. Companies. The communication asks Council to endorse a resolution requesting the Minister of Municipal Affairs to include a clause to The Municipal Act, requiring Cable T.V. companies to pay a gross receipts tax, The Chief Administrative Officer advised that a contact had been received from Armstrong Communications Limited, with the request that an opportunity be given that firm to address Council respecting the matter under consideration. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter be tabled to allow a representative of Armstrong Communications Limited the opportunity to address Council. Carried Unanimously. No, 5l - TommofDmndas - Re$ Niagara Escarpment - Use of Quarry for Deposit of Sanitary Landfill. The communication asks Council to endorse a resolution to prohibit the deposit of sanitary landfill material in any quarry above the Escarpment, and to advise the Premier of Ontario, the Minister of the Environment, Minister of Natural Resources, Niagara Escarpment Commission, and local M.P.P. 3 ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Chessman, Cowan, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Aldermen Herrington and Puttick. No. 58 - Andy & Mary Anne Henderson, The Marriage Encounter Cosmenity of Niagara Falls - Re: Proclamation. The communication asks Council to proclaim February 12th, 1989 as "World Marriage Day". ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the communication be received and the request approved subject to established policy. Carried Unanimously. No. 59 - Mrs. Nmmcy N. Webbs Executive Director, Niagara Falls Big Sister Association - Re: Banner. The communication asks the permission of Council to hang a banner announcing "Big Sister Week" across Stanley Avenue at Morrison Street. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 60 - Minister of TourJam & Recrentien - Re: Coronation Recreation Centre. The communication advises that a grant in the amount of $243,333.00 has been approved to assist in financing the construction of the Coronation Recreation Centre. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the communication be received and filed. Carried UnanlmouslyL No. 61 - Downtown Niagara Falls Board of N~nngement - Re: Board Members. The communication advises that the following persons were elected as officers of the Board of Management: Anna Corfleld, Chairman; Ross Durdan, Vice Chairman; and Tony Barfence, Treasurer; and attaches an update report regarding the renovation of Facades on Queen Street. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously.. No, 62 - Niagara Promotion Association - Re: Niagara Falls Canada Blossom Festival Parade - May 6th, 1989. The communication requests a Parade Permit, and invites Mayor Smeaton to be Honourary Blossom Festival Chairman. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the request be granted. Carried Unanimously. No. 63 - Christ Church - Re: 125th Anniversary - Homecoming Weekend - June 22nd to 24th, 1990. The communication requests approval of the temporary closing of part of Zimmerman Avenue, for the Carnival on June 23, 1990, and approval of a fireworks display, as well as a financial contribution towards the Carnival. ORDERED.on the motion of Alderman Orr, seconded by Alderman Elnsperger, that the temporary closing of part of Zimmerman Avenue be approved; that a resolution be approved for authorization of a fireworks display; and the request for a financial contribution be referred to the Finance Committee for consideration. Carried Unanimously. See Resolution No. 7. No. 64 - Mike Kings Presidents Niagara Flames - Re: Bruce Gamble Hockey Tournament - March 10th to 12th, 1989, Jack Bell and Stamford Arenas. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that Council indicate it has no objection to the issuance of a special occasion permit to The Niagara Flames Hockey Club, in conjunction with the Bruce Gamble Hockey Tourna- ment (Oldtimers), to be held on March 10th, llth, and 12th, 1989, at the Jack Bell and Stamford Arenas, 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. -4- No. 65 (BANI~) - Out,rio Hydro - Re: New Niagara River Generating Station. The communication provides information regarding the anticipated third hydro-electric generating station on the Niagara River, and advises that an Environmental Issues Workshop is being planned by Ontario Hydro, to be held in Niagara Falls on January 30th and 31st, 1989. Alderman Hopkins advised that the communication had been considered at au Environmental Committee meeting earlier on this date, that Staff members would be attending the Workshop, and further, that Alderman Herrington would be in attendance on January 31st, 1989. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. REPORTS R-89-02 - Chief Administrative Officer - Re: Ontario Hydro Lease Agreement for Ker Park Parking and Brooks Crescent Turnaround. The report recommends that Council authorize the by-law appearing ou this eventng's agenda to enter into a licence agreement with the Ontario Hydro for Ker Park parking lot and Brooks Crescent Turnaround. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the ~eport be received and adopted. Carried Unanimously. See By-law No. 89-24. R-89-03 -Recreation Comeission - Re: 1988 Recreation Commission Chatrperson's Annual Report. The report attaches the subject report and recommends that this report be received and filed. The Recreation Commission Chairman was commended on the "excellent report". ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. F-89-05 - Ft-~nce Committee- Re: Committee Report: City General Insurance Coverage. The report recommends that the insurance coverage for the City, as set out in the attached schedule (pages 3 & 4), be approved for 1989, based on a total premium of $320,450.00 per pages 5 & 6 attached. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. F-89-06 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,163,673.14, for the period ending January 23rd, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinaperger declared a conflict of interest on Cheque No. 38692 because he is employed with the company. Alderman Ward declared a conflict of interest on Cheque Nos. 38680 and 38806 because he has a business interest. Additional information was provided on Cheque No. 38832, and a future report requested on the matter of the use of concrete poles. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Hinsperger and Ward abstaining from the vote on Cheque No,. 38692, 38680 and 38806 respectively, on conflicts of luterest previously recorded; with Alderman Hopkins voting contrary on Cheque No. 38786; and with all others voting in fayour. See By-law No. 89-26. 0-89-02 - Chief Adsttnistrative Officer - Rex Renewal of Lease - Willoughby Historical Museum. The report recommends that a by-law be passed authorizing the execution of a lease between the Niagara Parks Commission and the Corpora- tion of the City of Niagara Falls for the building and property used for the Willoughby Museum. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously. -5- 0-89-03 - Chief Administrative Officer - Re: Appointment to Audit Committee. The report recommends that Council appoint the Chairman and Vice-Chairman of the Finance Committee as the Aldermanic representatives of the Audit Committee. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. C~-89-03 - Chief Administrative Officer - Re: Appointments to Boards, Commissions and Committees - Procedure. The report recommends that the suggestions contained in this report be approved and that it be received and filed. The Clerk was commended on the submission of a "fine report". ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. CD-89-04 - Chief Administrative Officer - Re: Appointment to Non-Profit Housing Corporation. The report recommends that Council consider the attached applications and appoint members to the Non-Profit Housing Corporation. In response to questions raised regarding an increase in the membership, it was pointed out that this could be done only if the Board requested the increase. It was generally agreed that members should be appointed by ballot, and that a majority vote would apply. Following a decision by ballot, it was moved by Alderman Orr, seconded by Alderman Hinsperger, that the report be received and the following members be appointed to the Non-Profit Housing Corporation: Isabelle Bald, Anna Cotfield, Anthony Di Giacomo, G.E. Fartell, and Bruce J. Peters. Carried Unanimously. CD-89-05 - Chief Administrative Officer - Re: Council Meeting - Easter Monday. The report provides information regarding the four day Easter weekend and recommends that no Council meeting be held during the week commencing March 27th, 1989. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. Ad Hoe Business Park Committee - Re: Proposed Business and Industrial Park. The report recommends that Council extend its present agreement with Acres International iu respect of hydrology studies for the proposed Montrose Business Park so that additional investigations can take place upstream in the un-named creek watershed, at a fixed price of $19,900.00. Alderman Cummings, Presiding Officer, declared a conflict of interest because he is employed with Acres International, and asked Alderman Hopkins to preside during the discussion of this report. Alderman Sherat declared a conflict of interest because he is employed with Acres International. Following a brief discussion regarding a request from a private individual to develop the park and expenditures required for the development, it was moved by Alderman Puttick, seconded by Alderman Orr, that the expenditure request he denied. The motion was Defeated with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, Orr and Puttick. NAYE: Aldermen Chessman, Herrington, Hinsperger, Janvary and Ward. During the following discussion, the membership and purpose of the Ad Hoc Committee were reviewed, as well as information contained in the report. It was pointed out that during the investigation by Acres, inaccuracies were discovered in the topographical maps which will necessitate further investigation. ORDERED ou the motion of Alderman Cheesman, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded, and with the following votes -6- AYE: Aldermen Chessman, Narrington, HlnsPergers Janvary and Ward. NAYE: Aldermen Cowan, Orr and Puttick. Alderman Cummings returned to the Chair as Presiding Officer. NW-89-O9 (HANDOUt) - Hunicipal Works Committee- Re: Committee Report: 1989 Ontario Good Roads Association Conference - February 19-22, 1989 and Municipal Engineers Association Annual Meeting - February 20s 1989. The report recommends the following: 1) That two members of Council be authorized to attend the 1989 Ontario Good Roads Association Conference from February 19-22, 1989, at a cost of $1,353.65 and that Alderman N. Puttick and Alderman B. Cowan be confirmed as Council's appointed representatives; 2) That two members of Municipal Works Staff be authorized to attend the 1989 Ontario Good Roads Association Conference from February 19-22s 1989 in Toronto, at a total estimated cost of $828.25; 3) That one member of Hunfcipal Works Staff be authorized to attend the Hunicipal Engineers Association Annual Meeting on February 20, 1989, at an estimated cost of $154.40; and 4) ' That recognition be given to Mr. Lea Sawyer, who is a long term employee in the Streets Department. ORDERED ou the motion of Alderman Janvary, seconded by Alderman Orrs that Carried Unanimously. the report be received and adopted. P-89-01 (HANDOHT) - Chief Administrative Officer - Re: Disability Benefits. This Committee of the Whole report, considered earlier on this dates recommends that Council approve the attached Personnel Policy which provides the Office of Mayor of the City of Niagara Falls with an income protection plan equivalent to that provided to Municipal Staff with equivalent responsibilities in the event of a disability. ORDERED on the motion of Alderman Rineperger, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cowan, Harrington, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. NAYE: Alderman Orr. F-89-02 (HANIINff) - Chief Administrative Officer - Re: Lottery Licensing Inspector. This Committee of the Whole report, considered earlier on this date, recommends that the position of Lottery Licensing Inspector be recognized as a permanent position within the Canadian Union of Public Employees, Local 133s effective November 22rid9 1988. Presiding Officer, Alderman Cummings, and Alderman Ward declared conflicts Of interest because they are associated with organizations which conduct btngos, ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded~ and with the following vote: AYE: Aldermen Chessman, Cowan, Barrington, Hinsperger, Hopkins, Janvary and Sherat. NAYE: Aldermen Orr and Puttick. Alderman Orr retired from the meeting, RESOLUTION No. 7 - JANVArY - RINSP~O~I - RESOLVED that the City Clerk be authorized to issue a permit to Christ Church for a fireworks display to be held on June 23rd~ 1990, commencing at 9:30 p.m,, in conjunction with the 125th Anniversary, Home- coming Weekend Carnival, subject to tM applicants providi~ insurance coverage satisfactory to the Hunicipality; A~ the Seal of the Corporation ~ bereto affixed. Carried Unanimously, 7 BY LAWS ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowans that leave be granted to introduce the following by-lawss and the by-laws be read a first time: No. 88-291 - A by-law to amend By-law No. 79-200, as amended. (AM-29/88, 414878 Ontario Lfmtted, 5441 Spring Street; Report PD-88-134 adopted by Council on 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 with- out 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. 89-24 - A by-law to authorize a licerice agreement with Ontario Hydro. No, 89-25 - Withdrawn. No. 89-26 - A by-law to provide monies for general purposes. The motion Carried with Alderman Sherat abstaining from the vote on By-law Nos. 88-291 and 88-292 on a conflict of interest previously recorded under Report No. PD-89-20; with Aldermen Harrington and Hopkins voting contrary on By-law Nos. 88-291 and 88-292; with Aldermen Htnsperger and Ward abstaining from the vote on By-law No. 89-26 on conflicts of interest previously recorded under Report No. F-89-06; with Alderman Hopkins voting contrary to By-law No. 89-26 as previously' recorded under Report No. F-89-06; and with all others voting in favour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the following by-laws be now read a second and third time: No. 88-291 - A by-law to amend By-law No. 79-200, as amended. 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. No. 89-24 - A by-law to authorize a licence agreement with Ontario Hydro. No. 89-25 - Withdrawn. Ho, 89-26 - A by-law to provide monies for general purposes. The motion Carried with Alderman Sherat abstaining from the vote on By-law Nos. 88-291 and 88-292 as previously recorded; with Aldermen Harrington and Hopkins voting contrary on By-law Nos. 88-291 and 88-292; with Aldermen Hinsperger and Ward abstaining from the vote on By-law No. 89-26 on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on By-law No. 89-26 as previously recorded; and with all others voting in favour. NEW BUSINESS ITI~OF lt~T: Volsci Construction Limited - Chippawa Storage Scheme - Alderman Janvary advised that she had visited the construction site of the Chippawn Storage Scheme anrlier on this date. ITI~S OF CONcnN: -8- O.W.N.C. - Alderman Puttick referred to recent news items regarding funds being provided for an appeal hearing by West Lincoln, the site chosen by OWMC for the future industrial waste location. Alderman Hopkins provided the following update report regarding actions of the Niagara Falls Environmental Committee: that the matter had been discussed with the City Solicitor and a Toronto Solicitor employed by the City some time ago, and a decision made not to participate in the hearings at this time. Representation/Greater Niagara ~aneit Comalamion- Alderman Puttick discussed the desirability of having additional representation of Council mambsrs on the Greater Niagara Transit Commission. ORDERED on the motion of Alderman Puttick, seconded by Alderman Char.man, that the matter be referred to Staff to review the Transit Act with respect to the feasibility of altering it in order to accommodate representation by the Mayor and two Aldermen. Carried Unanimously. City of Niagara Falls Landfill Site - In response to questions raised by Alderman Ward, the Director of Municipal Works advised that an application had been forwarded to the Ministry of the ' Environment, requesting a two year emergency extension on the City's Landfill Site. He further advised that the City's application was different, than that of the City of Fort Erie, because it was for an emergency extension. ***** It was moved by Alderman Puttick, seconded by Alderman Ward, that the meeting adjourn. Carried Unanimously. NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 30, 1989 Council met on Monday, January 30th, 1989, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cowan, were present. Alderman Sherat presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND PTED, ....... ~. "?~' ~"", ' CLERK M~~ REGULAR MEETING Council Chambers January 30, 1989 , Council met on Monday, January 30th, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Cowan who was absent on business, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the minutes of the adjourned meeting held January 17th, 1989, and the meeting held January 23rd, 1989, be adopted as printed. Carried ~ntmously. DEPUTATION USE OF PPaPI~ITY ADJACENT TO 7696 WOODBINE STREET- Mr. and Mrs. Domenic De Rose were in attendance to express their concerns regarding activities on the property adjacent to their land. Mr. De Rose referred to cars being painted, and paint spray entering their property and affecting their health. He presented two face masks which he said had not been successful in restricting the paint spray; and submitted snapshots taken of cars parked in the driveway next door, as well a8 a list of llcence plate numbers taken from the cars. His Worship Mayor Smeaton discussed actions taken by the Building Department to resolve the concerns respecting the neighbout working on vehicles, the by-law permitting people to work on their own cars and those of friends, as long as payment was not received and the health of persons in the immediate area was not endangered. The Director of Buildings & Inspections stated that no herd evidence of a by-law infraction had yet been found, and further, that the owner and his friends work on vehicles, but there does not appear to be a business. ORDERED On the motion of Alderman Cummings, seconded by Alderman Campbell, that the matter be referred to Staff and the Fire Department to review the complaints, with a possible revision of the legislation, in order to enforce the by-law; and furthers that the matter be referred to the Minister of the Environ- ment for investigation with respect to environmental problems, and a report submitted to Council in three weeks. Carried Unanimously. UNFINISHED BUSINESS EASEN~T COSTS - Fa!EDIAL MOIlKSs CHIPPAMA SANITARY SagAGE- 0-89-05 - Chief AdslinistretiveOffieer - Re: Easement Costs - Remedial Workss Chippaws Sanitary Sewage (COUNCIL 1989 01 09). The report recommends that a letter of appreciation be forwarded to the Niagara South Board of Education and the Cityss representatives on the Board for their decision to reduce the aug sated charges to the City for an easement necessary for the installation o[ storage tanks on the King George V School property, -2- Alderman Janvary declared a conflict of interest because she is employed by the Niagara South Board of Education. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, 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. PAUL AV~IUE MAT~R PROBLIP! - · eport Ho. MW-89-14 - Chief Administrative Officer - Re: St. Paul Avenue Water Problem. The report provides information regarding actions taken in the subject matters and recommends that all City of Niagara Falls files on the "St. Pa~l Avenue Water Problem" be closed. - AND - Report No. 0°89-06 - Chief Administrative Officer - Re: Possible Backflow Prevention Program. The report advises that conflicting information had been received from the Province regarding the legislative authority of the Municipal- ity to initiate and enforce the subject program, and recommends that the information be noted and the report received and filed. Mr. Wayne Pine, 2789 St. Paul Avenue, discussed additional discharges into the water supply system during the past weekend, although the water had been clear since August 1988. He stated that a petition had been made under the Environmental Protection Act to Health & Welfare Canada, in order to resolve the problem with Federal Government intervention. The Maintenance & Operations Engineer discussed the 100 tests taken over the past 11 months, without finding evidence of contamination in the water supply, with the exception of one instance of scientific evidence in a test taken by the Hinistry of the Environment. He further stated that additional tests were taken on Saturday, January 28th, 1989, and no contamimants had been found in the water. Alderman Cummings stated that he had visited the Pine home in April 1988, had tasted the water and found it undrinkable. It was moved by Alderman Cummings, seconded by Alderman Campbell, that the costs of the two water bills be waived by the Citys without prejudice. The City Solicitor advised that claims or potential claims with respect to this matter had been made, and therefore, the City's Insurer should be contacted in order that action taken would not be a liability insofar as the Cityss policy was concerned. It was moved by Alderman Chessman, seconded by Alderman Sherat, that the matter be tabled, pending a written report from the City's Insurance Company. The motion to table, which took precedence, was Defeated with the following vote: AYE: Aldermen Chessman, Ninsperger, Hopkins, Janvary and Sherat. NAYE: Aldermen Campbell, Cummings, Herrington, Orr, Puttick and Ward. The original motion that the water bill costs be waived without prejudice to the City was Defeated with the followin~ vote: AYE: Aldermen Campbells Cummings, Harrington and Ward. HAYE: Aldermen Cheesman, Hinsperger, llopkins, Janvary, Orr, Puttick and Sherat. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that Report No. NW-89-14 be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Hinsperger, Hopkins, Janvary, Orr, Puttick and Sherat. NAYEz Aldermen Campbell, Cummings, Herrington and Ward. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that Report No, 0-89-06 be received and adopted, Carried Unanimously. 3 THE {FAN, SALE, DI~IBUTION & USE OF CHI,0ROFLUOROCARBONS & HALO NS - Report No. PI)-89-22 - Environmental Plafmiug & Creaming Committee- Re: The Nanufactures Sale, Distribution and Use of Chlorofluorocarbons & Halons (COUNCIL 1988 l0 03). The report recommends the following: 1) That Council petition both the Provincial and Federal Governments to ban the use of CFC's and Halon, in consumer goods and products and to seek alternatives to these chemicals; 2) That the City of Toronto be informed of the actions taken by Niagara Falls' City Council; 3) That Staff be directed to include this issue in the City's environmental education program for 1989; and 4) That this report be submitted to the C.A.P.E. Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. PARgVIEW HOI'~L REZONINC - PD-89-27 - Chief Adainistrative Officer - Re: Parkview Hotel Rezoning (COUNCIL 1989 01 16). The report recommends that Council not support the zoning amendment application to facilitate an increased height and building intensification of the present 14 storey hotel complex for the reasons outlined in the report. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. The City Solicitor stated that this matter had been heard initially by Council on January 16th, 1989, that some of the formal steps with respect to the Public Hearing procedure were taken and that Council should, at this time, follow the proper procedure. His Worship Mayor Smeaton indicated the presence of the applicant and his agent; received a positive indication of persons present in fayour ofs or opposed to the application; and requested that any 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. 89-08: 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 Staff could not recommend approval of the proposed zoning changes because of planning, engineering and legal implications involved with regard to hased lands; density; Official Plan; the City's Hotel Study Interim Guidelines; land values; servicing; current approvals; and the Lanmer-Fenco Report. The Director of Planning & Development further advised that the proposal raised serious concerns with respect to risks and precedents; that questions regarding land values and servicing remained outstanding and that foreseen implications appeared to indicate that a develop- ment of this nature may result in many adverse impacts. He further advised that the development presently allowed on the applicant's lands represented the highest density permitted through the rezoning process in the past three years, and further, that the subject application was indicative of a need to undertake and more clearly articulate the Municipality's goals and objectives for tourism development, and to implement an appropriate tourism development strategy. A discussion followed regarding the proposed 40 year lease of hydro lands; height, density and the lease of lands with respect to other structures in the area; site plan agreement; and courses of action in the event of termination of the hase agreement. The City Solicitor expressed the opinion that the Site Plan Agreement could be registered on title and would be binding upon successors on title. -4- Mr. John B. Hopkins, Solicitor for Zap Inc., owner of Liberty Inns, concurred with the comments in the Staff report which opposed the application; questioned actions which might be taken in the event the project failed and funds were needed to build the parking structure; referred to increased land values and cost of future developments; referred to problems of servicing and the necessity of a traffic impact study; and discussed the negative impact of the high rise development on his client's property, and snow loading on his clisnt's building. He referred to the construction changes in the design features of the hotel. The Director of Buildings & Inspections explained the changes in detail design and cost as being normal, and further, that there was compliance with the by-law which was approved by Council. He responded to questions raised with respect to the location of the high tension cables running under the property. Mr. Dante Marineill, Solicitor for the applicant, discussed the proposal insofar as density, landscaping and parking; referred to remarks in the technical report and stated that height and shadowing were "non-issues"; discussed compliance with the Hotel Study Guidelines in comparison with other proposals approved by Council; the need for updating the Official Plan; and stated that "some of the basis for the Lanmer-Fenco Study may be obsolete". He further discussed the right of Ms client to construct additional rooms on the Ieas~d Hydro lands, in compliance with By-law No. 79-200, and the right of Council under the Planning Act, to merge the two properties; and suggested a site plan agreement be entered into to resolve anticipated problems should the Hydro lease be terminated. Mr. MarineIll stated that a 40 year lease for commercial matters was "generally taken to be as good as owning the property"; referred to alternative actions which might be taken in the event of termination of the lease; and stated that his client was prepared to sign a "Letter of Credit" to the City for $250,000.00, to be paid to the City, if there was a default and the lease terminated. He responded to questions raised regarding the aforementioned Letter of Credit, emergency parking facilities, and proposed construction on the Hydro lands. 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 Janvary, that the report be received and adopted, and the application denied. The motion was Defeated with Alderman Hopkins abstaining from the vote on a conflict af {nterest previously recorded, and with the following vote| AYE: Aldermen Harrington, Janvary and Ward. NAYE: Aldermen Campbell, Chessmans Cummings, Hinsperger, err, Puttick and Sherat. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell, that the application be approved with the understanding that all of the guarantees previously discussed, including the irrevocable Letter of Credit, be included in the site plan agreement. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Chessman, Cummings, Hinsperger, Orr, Puttick and Sherat. NAYE: Aldermen Harrington, Janvary and Ward. His Worship Mayor Smeaton declared a 3 minute recess. Following the recess, Council reconvened for the balance of the meeting. APPOIF~ TO G,N.T.C. - Re~ort leo. (}-89-07 - Chief AdsinistrativeOfficer - Re: Appointments to Greater Niagara Transit Commission (COUNCIL 1989 01 23). The report recommends that Council indicate if it wishes to initiate an application to the Private Bills Committee of the Provincial Legislature for the approval of a Private Bill to amend the City of Niagara Palls Act 1968 in order to provide that two members of Council, together with the Hayor, be appointed to the Greater Niagara Transit Commission. 5 ORDERED on the motion of Alderman Chessman, seconded by Alderman Htnsperger, that the report be received. It ~as further recommended that Council not pursue a request for an amendment to alter the legislation regarding representation on the Greater Niagara Transit Commission. The motion Carried with the following vote: AYE: Aldermen theeamen, Cummings, Hinsperger, Hopkins, Janvary, err and Ward. NAYE: Aldermen Campbell, Harrtngton, Puttick and Sherat. TOWN OF DUNDAS/RESOLUTION - COmmunication No. 66 - Alder,m- Margaret HarriSton - Re: Town of Dundas Resolution (COUNCIL 1989 01 23). The communication asks Council's consideration of a resolution urging the Minister of the Environment to work with Municipali- ties and the private sector to lead the way in developing innovative technology and alternative methods of disposal in terms of recycling, compostlug, energy from waste, etc. ORDERED on the motion of Alderman Barrington, seconded by Alderman Cummings that the matter be referred to the Environmental Committee for consideration. Carried Unanimously. COMMUNICATIONS No. 67 - The Preservation of Agricultural Lands Society(PALS) - Re: The Niagara Conservation Strategy. The communication includes practical methods of preserving croplands, enhancement of genetic diversity, and control and abatement of pollution. ORDERED on the motion of Alderman Herrington, seconded by Alderman Chessman, that the communication be received and referred to Staff for consideration and the submission of a report by March 15th, 1989, including concerns and recommendations regarding future planning. Carried Unanimo~sly. No. 68 - So~ialPaA--ing& Research Council of St. Catharines & Thorold- Re: Affordable Housing Consultation Day. The communication advises that the subject date is scheduled for February lOth, 1989 at the Folk Arts Centre, St. Oathurines, and provides information regarding attendance, the format and registration. ORDERED on the motion of Alderman Puttick, seconded hy Alderman Janvary, that the Chief Administrative Officer be authorized to direct a member of the Planning Staff to attend. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, theesmarts Herrington, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. Alderman Cummings and 0rr. He. 69 - Sam Quarants, PresidmmE, Niagara Falls Black Hawks Hockey Club - Re: llth Annual Hockey Tournament, March 2 - 5, 1989, Stamford & Jack Bell Arenas and Niagara South Recreation Complex. The communication requests a Special Occasion Permit for the event. ORDERED On the motion of Alderman Cummings, seconded by Alderman Ward, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Falls Black Hawks Hockey Clubs in conjunction with their llth Annual Hockey Tournament, to be held on March 2rid, 3rd, 4th, and 5th, 1989, at the Jack Bell-Stamford Arena and the Niagara South Recreation Complex, subject to the approval of the Regional Police Departments the Niagara Falls Fire Department, the Regional Health Service8 Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 70 - Regional alagara Office of the Clerk - Re: 1989 Interim Levy. The communication attaches Report DF89-2 regarding the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously.. -6- No. 71 - Xegionsl Niagara Office of the Clerk - Re: 1989 Uniform Sewer & Water Rate Study. The communication attaches Report DF89-4 regarding the subject matter. ORDERED on the motion of AIderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. No. 72 - Town of Iroquois Falls - Re: Retrofit of Municipal Administration Building to Accommodate Handicapped. The communication asks Council to endorse the attached resolution petitionlug the Province to provide funding assistance regarding the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvaryt that the resolution be endorsed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Herrington, Htnsperger, Hopkins, Janvary, err, Puttick, Sherat and Ward. NAYE: Alderman Chessman. REPORTS P-89-03 - Chief Adainistrative Officer - Re: Employee Suggestion Awards. The report includes recommendations with respect to the installation of convex mirrors on commercial packers, and the establishment of a policy to deal with N.S.F. cheques, for the consideration of Council. ORDERED on the motion of Alderman Putticks seconded by Alderman Orr, that the report be received and the recommendations adopted. Carried Unanimously. Pi)-89-19 - Environmental Planning & Cree~ng Committee - Re: Pitch-In Ontario Request for Financial Support. The report recommends that Council deny the request for $900.00 to support Pitch-In Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. PD-89-21 - Environmental PJ~nnin~ & Creenin~ Comaittnn - Re: Revised Terms of Reference for the Environmental Planning & Greening Committee. The report recommends that Council adopt the revised Terms of Reference of the Environment- al Planning & Greenlug Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PD-89-23 - Environmental Pls~nin~ & Grooming Committee- Re: The Proposed Changes to the Conservation Authorities of Ontario. The report recommends the following: 1) 2) That Council endorse the principle of reviewing the role of conservation authorities in OutariD for the purpose of providing more 'efficient and equitable services on a sustainable budget; That a copy of this report be forwarded to the Province as the Ctty's comments on the document "A' Review of the Conservation Authorities Program; and 3) That copies of this report be sent to the Niagara Peninsula Conservation Authority, the Niagara District Office of the Ministry of Natural Resources and the Niagara Falls members of the Niagara Peninsula Conservation Authority. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. PD-89-24 -EnvironmentalPlanning& Greening Cesaitte - Re= The Niagara Palls Environmental Inventory: 1989 Project Proposal, The report recommends the following: 1) That Staff be directed to submit the attached report to HOE, NNR, CEIC and Environment Canada, in support of requests for financial support for the project, under the Hayor's signature; -7- 2) That the Mayor and Staff be authorized to enter into agreements with these agencies, if and when funding or other support is approved; and 3) That the attached report be submitted to CAPE for information on the progress of this project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Himsperger, that the report be received and adopted. Carried Unanimously. PD-89-25 - Environmental Planning &Greening Committee- Re: The 1989 Work Program & Associated Budget for the Environmental Planning &Greentng Committee. The report recommends the following: 1) That Council endorse the 1989 program, as outlined in the attached report, PD-89-17; 2) That the proposed budget be referred to the Finance Committee for consideration; and s) That this report be presented to the CAPE Committee and Council for information. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. PD-89-26 - Environmental Planning & Grennix~ Comettee - Re: Registration of Fill Lines for Lyou's Creek. The report recommends the following: 1) That Council resolve to again request the N.P.C.A. to register fill lines, based on Regional storm levels, along Lyon~s Creek; aud 2) That Council seek a similar resolution from the City of Welland and the Region of Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. J~-89-11 - Chief Administrative Officer - Re: Palmet Avenue Reconstruction from Jepson Street to Victoria Avenue. The report recommends that $240,000.00 be allocated from the Water Supply System section of the 1989 Operating Budget - "Contribution to Capital Budget Projects", Account 32205 for financing the installation of a watermain on Palmet Avenue~ from Jepson Street to Victoria Avenue. ORDERED on the motion of Alderman err, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. Ng-89-12 - Nnnicipal gorks Comaittee - Committee Report - Uniform Parking & Traffic By-law, Provincial Offcures Act, Part II. The report recommends the following: I) That the attached model Parking and Traffic By-law be approved in principle in order that Staff may proceed with the Region and area Municipalities to develop a Uniform Traffic By-law; and 2) that the report be received and adopted. That the proposed uniform parking offencee and fine structure, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, Carried Unanimously. NM-89-13 - Chief Administrative Officer & Nnaicipal Morks Coamittee - Re: Hunicipal Parking Committee - Terms of Reference & Policy, The report recommends the following: -8- Staff gecosmendattons: l) That the Terms of Reference for the Municipal Farking Committee, outlined in Report Mg-89-06 (attached) be adopted by Council; and 2) That Policy Number 100.5 of the City of Niagara Falls Policy and Procedural Manual ba amended accordingly; MunicipalWorks ComitCee Recommendation: 3) That all matters relating to parking and traffic, that have not been defined in the Municipal Parking Committee Terms of Reference, be referred to the Municipal Works Committee. ORDERED on the motion of Alderman err, seconded by Alderman Campbell, that Carried Unanimously. the report be received and adopted. F-89-07 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,317,730.73 for the period ending January 30th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 38875 because hs is employed with the Company. Additional information was provided on Cheque Nos. 39051 and 39066. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. The motion Carried with Aldermen Hineperger abstaining from the vote on Cheque No. 38875 on a conflict of interest previously recorded; and with all others voting in favour. S-89-05 - Chief Administrative Officer - Re: Agreement between P.R.F. Inc. and the City - Thorold Stone Mall Expansion - Re: Proposed Laud Exchange for St. Mary's Street Extension. The report recommends that Council authorize the City Solicitor to undertake the following action with respect to the proposed land exchange for the extension of St. Mary's Street westerly and northerly: 1) To prepare by-laws to stop up and close and authorize the sale and conveyance of the land shown as Part 3 on the attached plan, and to arrange for the publication in the Niagara Falls Review of a public notice of such proposed closing and sale; 2) To prepare a by-law to establish and lay out the land shown as Parts 1, 2, 5 and 7 on the attached plan aa a public highway, and to arrange for the publication in the Niagara Falls Review of such proposed establishment; 3) To prepare a by-law to change the name of Marland Avenue in Registered Plan M-33 shown on the attached plan to St. Mary's Street, and to arrange for the publication in the Niagara Falls Review of such proposed name change. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted, Carried Unanimously. 0-89-04 - Chief Administrative Officer - Re: Unopened Road Allowance between Lots 221 and 222, and Defect in Title. The report recommends that in order to remedy a defect in Title, the unopened road allowance between Township Lots 221 and 222 be stopped up, closed and conveyed to the abuttiug ownerss subject to all out-of-pocket costs incurred by the Municipality being assumed by the purchasers. ORDERED on the motion of Alderman Cummings, seconded by AldermanHinsperger, · that the report be received and adopted, Carried Unanimously. -9- RESOLUTION NO. 8 - CfIEESNAN - C~INGS - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the Cfty of Niagara Falls hereby requests an allocation of subsidy funds for public transportation in the amount of $47,741.00, for the Transit Operating Assistance Programme for the year 1988; AND the Seal of the Corporation be hereto affixed. Carried U~animously. 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. 89-27 - A by-law in respect to the Board of Management for the Chippawa Business Improvement Area. No. 89-28 - A by-law to amend By-law No. 89-01 providing for appointments to certain Boards, Commissions and Committees. No. 89-29 - A by-law to authorize the execution of a lease with The Niagara Parks Commission for the use of lands and buildings on the Niagara Boulevard. He, 89-30 - A by-law to authorize an agreement with Gambrel Structures Limited. No, 89-31 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 89-31 on a conflict of interest previously recorded under Report No. F-89-07;..gnd ~ith 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, 89-27 - A by-law in respect to the Board of Management for the Chippawa Business Improvement Area. No. 89-28 - A by-law to amend By-law No. 89-01 providing for appointments to certain Boards, Commissions and Committees. No. 89-29 - A by-law to authorize the execution of a lease with The Niagara Parks Commission for the use of lands and buildings on the Niagara Boulevard. No. 89-30 - A by-law to authorize an agreement with Gambrel Structures Limited. No. 89-31 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 89-31, on a conflict of interest previously recorded; and with all others voting in favour. NEW BUSINESS i1:~2 OF INTX~ST: American Bus Association Convention- Alderman Ward referred to the American Bus Association Convention to be held in Niagara Falls, and to the Transit Commission facility in this City. His Worship Mayor Smeaton stated that the majority of carriers from Western New York and Ontario were "very much aware of the facility and use it", and referred to the benefits of the Convention being held in Niagara Falls. L TENTH MEETING - 10 - I1~ OF CONCERN: Renovations/Niagara Falls Arena - Alderman Cummings discussed the need for renovations on the Niagara Falls Arena, with particular reference to the roofp and stated that a reserve fund was available for this purpose. He asked that a report regarding this matter be submitted at the next menring of City Council. 1989-90 provlncial~nsfer Payments - Alderman Harrington referred to the Handout communication received from AM0 with respect to the subject matter. She asked that the Director of Finance provide a brief report regarding the subject, as it applies to the City of Niagara Falls. Prostitution Prablea- Alderman Harrington referred to a previous request for a report from Staff with respect to the subject matter. The Chief Administrative Officer advised that the Regional Police Force had been contacted and asked to increase "surveillance" of the area. He advised that a report would be submitted· It was moved by Alderman Cummings, seconded by Alderman Chessman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~ , C~ CLERK COMMITTEE OF THE WHOLE Committee Room #2 February 6, 1989 Council met on Monday, February 6th, 1989, at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Campbell and Ward who were absent on City business, were present. Alderman Cowan presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AN OPTED , REGULAR MEETING Council Chambers February 6, 1989 Council met on Monday, February 6th, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Campbell and Ward, were present. His Worship Mayor Smeaton presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, the minutes of the meeting held January 30th, 1989, be adopted as printed· Carried Unanimously· that DEPUTATION NIAGARA TRAN.qlT & NIAGARA StAIR-A-VAN FINANCIAL STATENENTS - Cos~unieation No. 73A - Niagara Transit - Re: GNTC Financial Statements for the Year ended December 31, 1988. The communication attaches the subSect state- ment, provides a summary of increased activities during 1988, and asks Council's approval for two new buses to replace old vehicles at a total cost of $400~000.00, with the Ministry of Transportation providing 75% subsidy~ and a net cost to the City of Niagara Falls in the amount of $100,000.00. Mr. Guy Prate, Chairman of the Greater Niagara Transit Commission, introduced the following representatives in attendance: Rudolph Meuser, Vice- Chairman; Wayne A. (Bert) Mares, Publicity Chairman; Donald H. Pierson, Secretary-Treasurer of the Commission; Hector LaPierre, of the Chair-A-Van; Joe HeMshen, Manager, and Terry Librock~ Accountant and Office Manager, as well as drivers of Niagara Transit; and Hiss Barbara Scott of St. John Ambulance· He reviewed the information contained in the above named communication~ and asked Council to approve the funding for two new buses as indicated. During the discussion, it was suggested that the matter be deferred for discussion at the Finance Committee 1989 Budget deliberations· ORDERED on the motion of Alderman Putticks seconded by Alderman Orrs that approval be granted for funding, in the amount of $100,000.00, for the purchase of two new buses. The motion Carried with the following vote: AYE: Aldermen Cheesmau, Hinsperger, Hopkins, Janvary, Orr and Puttick. NAYE: Aldermen Cowan, Cummings, Harriugton and Sherat. -2- - AND - Ce~unication No. 73B - Niagara Chair-A-Van- Re: Financial Statements for the Year ended December 31, 1988. The communication attaches the subject state- ment, reviews information regarding the Board personnel, activities, increased service, Staff personnel, and operating cost in 1988, advises that the 1989 budget includes the sum of $42,000 for the purchase of another van, and requests funding from Council in this amount. In response to questions raised, Mr. LaPierre explained that a standard was arranged and tenders called. His Worship Mayor Smeaton and Mr. Prata expressed appreciation for Mr. LaPierre's contribution to the Chair-A-Van service, end for former Chairman Ken DubDis' efforts towards the Transit Commission, and well as Joe McMahon and Transit Staff. ORDERED on the motion of Alderman Orr, seconded by Aldermun Cowan, that the communication be received and referred to the Finance Committee for considera- tion daring the 1989 Budget deliberations. Carried Unanimously. UNFINISHED BUSINESS TOP SOIL REMOVAL, UPPER'S LANE - Report No. PD-89-33 - Chief Administrative Officer - Re: Dumping & Top Soil Removals Upper's Lane (Lot 120 Stamford). The report recommends the following: 1) That Councll petition the Province of Ontario for right of appeal under the Conservation Authorities Act and the Lakes & Rivers Improvement Act; 3) 4) That all Ontario Municipalities be requested to endorse Council's resolution on this change in legislation; That Staff be directed to review the legislative feasibility of enacting an anti-dumping by-law similar to Niagara-on-the-Lake; and That a copy of this report be sent to Miss J. Grandoaf, the land owners and agencies involved in this matter. - AND - Communication Me. 74A (HANDOUT) - Jean Grandoni - Re: Dumping & Top Soil Removal, Upper's Lane (Lot 120 Stamford), and 10006 Upper's Lane, Forum Transport, Mr. Roy Archer. The communication expresses the wish to address Council at its upcoming meeting. Communication No. 74B (~ANDOUT) - Jean Graadoni - Re: PD-89-33, Dumping & Top Soil Removal, Upper's Lane (Lot 120 Stamford) Brugman Property and sole Property of Mr. R. Archer. The communication expresses opposition to the recommendations in the subject report; requests information regarding fill permit applications, the widening, paving and payment of Upper's Lane; and suggests the deletion of recommendation No. 4 because of inaccuracies in the report and misrepresentation of the writer's position; that Mr. Archer be advised of his contravention of Zoning By-law No. 79-200; that Mr. Brugman be advised in writing of Agricultural and Hazard Land Zoning as well as the City by-law with respect to top soil stripping; and that letters of opposition be forwarded to the NPCA, MOE and MNR with regard to further permits in Hazard Lend and Agricultural Zones outside the urban area boundaries on Shriner's and Beaverdam's Creeks, Miss Jean Grandoni was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hopkins, She reviewed Communication No. 74B, including the recommendations recorded previously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman,' that the report tabled for one week and referred to Staff for a review of the recnmmendations, and submission of a further report. The motion Carried with the following vote: .. AYE: Aldermen thee,man, Cowan, Cummings, Hinsperger, Hopkins, Janvarys err, Puttick and Sherat, NAYE: Alderman HartinUres, 3 ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communications be received and filed. Carried Unanim, ously. FMRnY g*rNEE'[~ NAr~ C~K R]~UEST - Report No. PD-89-30 - Chief Adm~nistrative Officer - Re: Street Name Committee Status Report - Ferry Street Name Change Request. The report recommends the following: 1) That Council authorize the City Clerk to proceed with the required notification and public meeting to consider the requested name change of Ferry Street to Lundy's Lane; and 2) That the Clerk contact interested parties and invite them to speak regarding the requested street name change. Mr. Robert Mullet, Main & Ferry Business Association, stated that the organization was not in fayour of the name change, in terms of the historical aspect, local business and expense, and referred to past efforts made to publicize the name of Main & Ferry. Mr. Vincent Pierrecarlo, Executive Motor Inn, was in attendance and reaffirmed the former request for the aforementioned street name change. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No, 75 - Regional Niagara Public Works Department - Re: Utilization of Software Known as Sewer Inventory Management System (SIMS). The communication attaches Report DEP-2891 for the information of Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the commaniceties be received and filed. Carried Unanimously~ No. 76 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality Monthly Report for December 1988 and Year End. The communica- tion attaches Report DEP-2900 for the information of Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that the communication be received and filed. Carried Unantmouslyt No, 77 - Regional Niagara Office of the Clerk - Re: 1989 Interim Levy By-law. The communication attaches By-law 5429-89 entitled, "A By-law to provide for an Interim Levy Against the Area Municipalities in the Year 1989". ORDERED on the motion of Alderman Chessmen, seconded by Alderman err, that the communication be received and filed. Carried Unanimouslyt No. 78 - Regional Niagara Office of the Clerk - Re: 1989 Sewage Rates. The communication attaches By-law 5430-89 entitled, "A By-law to Fix the Rates to be Charged for Sewage Received from Area Municipalities During the Year 1989", ORDERED on the motion of Alderman Cummings~ seconded by Alderman Orr, that the communication be received and filed, Carried Unanimously,. No, 79 - Regional Niagara Office of the Clerk - Re: 1989 Water Rates. The communication attaches By-law 5431-89 entitled, '~ By-law to Fix the Rates to be Charged for Water Supplied to Area Municipalities During the Year 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr9 that the communication be received and filed. Carried Unanimously., No, 80 - Minister of Nunielpml Affairs - Re: "Local Government Week". The communication advises that "Local Government Week" will be held from April 10th to 15th, 1989, the theme will be "We're Working for You", and asks the support of Council. Alderman err volunteered to assist with activities. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the communication be received and referred to the Civic Committee. Carried Unanimously. -4- No. 81 - Armstrong Cos~unications Limited - Re: Proclamation. The communication asks Council to proclaim the month of February 1989 as "Cable Television Honth". ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the communication be received and the request approved subject to established policy. The notion was Defeated with the following vote: AYE: Aldermen Janvary, Orr and puttick. RAYE: Aldermen Cheesman, Cowan, Cummings, Herrington, Hineperger, Hopkins and Sherat. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed, and further, that a letter be rewarded to the company explaining that the maJorlty of Council members did not feel it was appropriate to endorse a proclamation that promoted one segment of commercial business in the area. Carried Unanimously. No. 82 - Town of Haldimand - Re: Federal Government Policies. The communication asks Council to support a resolution to the Minister of Transport to review the Federal Government policies and establish policies to enhance the operation and facilities at Hamilton Civic Airport, in order to encourage better utllizhtion of the facility. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the resolution be endorsed. Carried Unanimously. No. 83 (HANDOUT) - Niagara Peninsula Conservation Authority - Re: Proposed Communications Plan - Reduction of Flood Protection Standards. The communica- tion attaches information regarding the subject matter. ORDERED on the motion of Alderman Orr~ seconded by Alderman Hinsperger, that the communication be referred to Staff for comments. Carried Unanimously. REPORTS F-89-08 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $555,854.68 for the period ending February 6th~ 1989, be approved by the passing of the by-law appearing later on the ageads. Aldermen Chessman and Hopkins declared conflicts of interest on Cheque No. 39110 because members of their families are employed by the Board. Alderman Hinnperger declared a conflict of interest on Cheque Nos. 39100 and 39101 because he is employed with the Company. Additional information wan provided on Cheque Nos. 39110-34, 39253 and 39171. Further information was requested on Cheque No. 39271. ORDERED on the motion of Alderman Cummings, seconded By Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Chessman, Hopkins and Hinsperger abstaining from the vote on Cheque Nee. 39110, 39100 end 39101 respectively, on conflicts of interest previously recorded; with Aldermen err and Puttick voting contrary on Cheque No. 39299; and with all others voting in faYoUr. See By-law No. 89-32. F-89-09 - Chief Administrative Officer - Re: AgO Report Respecting 1989-1990 Transfer Payments to Municipalities. The report recommends that Council forward a copy of this report to AMO in support of their efforts respecting the transfer payments to Municipalities for 1989-1990. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary~ that the report be received and adopted. Carried Unanimously. ~D-89-07 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Dorchester Estates Ltd. Condominium" File No. 26 CD-88008 (1). The report recommends that the "Dorchester Estates Ltd. Condominium" Subdivision be approved subject to the conditions enumerated in this report. Aldermen Cummings and Sherat declared conflicts of interest because their place of employmsnt is in the immediate area. -5- ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on a confiict of interest previously recorded; and with all others voting in favour. CD-89-08 - Chief Ad~finistrative Officer - Re: Encroachments, 5671, 5673 Dessert Avenue. The report recommends that the application to permit the contin- uation of encroachments of a dwelling upon the Desson Avenue road allowance be approved, and the necessary by-law be enacted by the City Council. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously~ BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 89-32 - A by-law to provide monies for general purposes. The motion Carried with Aldermen theesmart, llopkins and Hinsperger abstaining from the vote on conflicts of interest previously recorded under Report No. F-89-07; with Aldermen err and Puttick voting contrary as previously recorded under Report No. F-89-08; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-law now be read a second and third time: No, 89-32 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Hopkins and Hinsperger abstaining from the vote on conflicts of interest previously recorded; with Aldermen err and Puttick voting contrary as previously recorded; and with all others voting in fayour. NEW BUSINESS I~S OF CONOMeN: Purchase of Property on Bridge Street - Niagara Transit - The Clerk referred to the communication which had been considered in Committee of the Whole earlier on this date, regarding the purchase of property on Bridge Street by Niagara Transit for parking purposes. The communication advises of the necessity of acquiring additional property for parking facilities to accom- modate Canada Coach and Gray Coach personnel~ and summer Staff of Niagara Transit; as well as the anticipated need for new equipment. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger~ that an expenditure in the amount of $55,000 be approved, towards the purchase of property for Niagara Transit. Carried Unanimously. Chippawn Storage Tanks and Pumping Station - In response to questions raised by Alderman Htnsperger, the Director of Municipal Works advised that completion of the storage tanks was anticipated in late March or early April 1989~ that the Stanley Avenue sewers would be in place by the springs and the works by late summer. He stated that a report would be submitted early in March 1989. Niagara Falls Industrial Lands - Alderman Puttick reviewed his concerns and questions regarding the subject matter, pacticularly with respect to Council*s denial of Mr. Basciano's wish to address Council regarding development of the aforementioned Industrial Landss and submitted the information in writing. His Worship Mayor Smeaton explained Mr. Basciano's interest in various lands in the Clty~ and expressed the hope that Mr. Basciano would return at a later date to address Council regarding his interests. -b- It was pointed out that the letter from Mr. Basciano had been referred to the ad hoc Industrial Committee for consideration, and furthers that there was no question of "never" hearing Mr. Basciano. Conrail Bridge at Ztmserman Avenue - Alderman Sherat expressed concerns regarding the condition of the above mentioned railway bridge. Alderman puttick advised that the Chief Administrative Officer had made enquiries respecting this matter· ITI~OF INTEREST: ~iagara Fulls Thunder Hockey T~-m - Alderman Cummings provided an update report on the success of the Thunder Hockey Teem, and discussed records being broken by Bryan Fogarty and Keith Osborne. He expressed the wish for formal recognition of the players at a later date. Mayor Smeaton advised that he would send a congratulatory letter to the owner and tesm. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. · ' * SMEATON ELEVENTH MEETING PLANNING/REGULAR MEETING Council Chambers February 13, 1989 Council met on Monday, February 13th, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Orr who was absent because of ill health, were present. His Worship Mayor Smeaton presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvarys that the minutes of the meeting held February 6th, 1989, be adopted as printed. Carried Unanimously. WELCOME 12TH NIAGARa GIRL GUIDES His Worship Mayor Smeaton welcomed Mrs. Norms Daoust and Mrs. Laura Cochrane, Leaders. Mrs. Elaine Cochrane, mother, and members of the 12th Niagara Girl Guides to the meeting. REPORTS - PLANNING MATTERS No. 89-35 - Chief Administrative Officer - Re: Zoning Amendment Application AM-22/88, Niagara Falls Christian Fellowship; Pt. Twp. Lot 26, 6970 Mountain Rd. The report recommends the following: 1) That Council support an additional amendment to the proposed zoning amendment application to facilitate an increase in maximum building height from 10m (33 ft.) to 12.5m (41 ft.) to accommodate the proposed pitched roof design on the sanctuary addition; 2) That Council enact the necessary by-law; 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. 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 applicant was the Niagara Falls Christian Fellowship; that the lands were located on the south side of Mountain Road between Dorchester Road and Woodfield Avenue; that the applicant had requested approval of an addition to the existing Church; and that the Notices of the Public meeting had been forwarded on January 13th, 1989. Alderman Cummings declared a conflict of interest because he is associated with a service club which is located near the subject lands. His Worship Mayor Smeaton indicated that the applicant was in attendance; received a positive response to his request for an indication of the presence of persons in fayour of, or opposed to the application; and 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. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and referred to the previous Public Meeting held on July llth. 1988. He stated that the by-law provision regarding the maximum building height would not permit the proposed pitched roof design and that the applicant had requested the change in maximum height provision to be included in the amending by-law currently being drafted for the parking provision. The Planning Director pointed out that the maximum height provision could be considered reasonable because the increased height would not affect the structural mass and would not reduce the privacy of abutting residences; the building would be set back from abutting residential properties with no adverse impact from shadows; the area residents had been apprised of the situation through the site plan review process| and that the modification would permit a more attractive roof design, -2- The Planning Director advised that the by-law has a maximum building height and makes certain exemptions from the height restrictions, and furthers that these ememptions include Church steeples. Mr. Start Szaflarski, Architect, responded to questions raised by Mr. Arthur Moss, 2470 Noella Crescent regarding the total height of the structure. Mr. Frank Fraser, Solicitor for the applicant, stated that application was requesting a change in the height, that the site plan report was scheduled for later in the agenda, that the shadowing and obstruction would not affect neighbouring residences, and further, that the neighbouts did not feel the height would adversely affect their position. 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 Hfnaperger, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. See By-law No. 89-33, and By-law No. 89-34. No. PD-8~-31 - 6~nief Adslnistrative Officer- Re: Zoning Amendment Application AM-42/88, J.B. Kendall; 5775, 5773 & 5765 Morrison Street. report recommends the following: The 1) That Council support the requested change in zoning to Apartment Residential (R5B), including the request to modify the provisions which regulate landscaped open space, the easterly interior side yard, the lot area per dwelling unit, the rear yard, the front yard and building height to permit a 3 storey~ 16 unit apartment building; 2) That the applicant provide the necessary land dedications as required by the Regional Municipality of Niagara; 3) That Staff ha 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, bufferings fencing, lighting, surface treatment, emergency access, etc.; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that property was located on the north side of Morrison Street, and known Municipally as 5775, 5773 and 5765 Morrison Street; that the proposal was for an amendment to Zoning By-law No. 79-200 for the purpose of constructing a 3 storey, 16 unit apartment building; and that the Notices of the Public Meeting were mailed on January 13th, 1989. His Worship Mayor Smeaton received an indication of the presence of the applicant; received a positive response to his request for an indication of the presence of persons in fayour, or opposed to the application; and requested that all persons wishing to receive further notice of the passing of the by-law submit their names and addtease 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-89-28: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from Public Notification Process; Planning Review; and Site Plan Review. He stated that the Planning Department was recommending approval of the application, subject to site plan control. Mr. Brian Sinclairs Solicitors addressed Council on behalf of interested residents. Me reviewed historical actions with respect to the subject 1andes discussed a meeting of the neighbouts and applicants stated that the majority of tt~e n ighb urs ware in support of the applications and wished to be involved in site p~an process. Mr. Frank Fraser, Solicitor for the applicant discussed the benefits to the neighbourhood of the proposal, the architectural design, reviewed actions taken with respect to the unsuccessful negotiations with the Curling Club for the purchase of adjoining lands, and stated that his client wished Council to be made aware that the intention was to deal with the matter in a forthright manner. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted~ and the application approved. Carried Unanimously. No. PD-89-36 - Chief Administrative Officer - Re: Zoning Amendment Application AM-l/89s Niagara Community Church, Northeat Corner of Beechwood and McLeod Roads. The report recommends that Council not support the zoning amendment application to permit an expansion of a non-conforming institutional use in an area designated for agricultural purposes. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that the applicant, Niagara Community Church, was requesting an amendment to the Zoning By-law to permit an addition to the Niagara Community Church, to be used as a day care centre and a gymnasium/audi- torium facility; that the property was formerly owned by the Knights of Columbus, was located at the northeast corner of Beechwood and McLeod Roads, known Municipally as 9527 McLeod Road; and that the Notices of the Public Meeting were mailed on January 13th, 1989. His Worship Mayor Smeaton received an indication of the presence of the applicant; and a positive response to his request for an indication of the presence of persons in favour, 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-89-32: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from Public Notification Process; Planning Review; and Site Plan Review. He stated that the application, if approved, would permit an even greater extension and enlargement of a non-conforming use than that recently denied on a former application; that the proposed expansion would improve the existing facility, but that the development was in conflict with the Regional Niagara Policy Plan, the City's Official Plan and sound land use planning principles; and that the applicant should be encour- aged to explore development opportunities within the urban boundaries. Mr. Peter Wyns, Pastor of the Church, reviewed the historical developments, activities and service of the Church in Niagara Falls. Ne discussed the aims and goals of the Churchs statistical data with respect to the membership, financial plans, and the planting of 3,000 Christmas trees on the property. Mr. Wyns stated that the lands across the street were slated for urbanization; that they were zoned light industrial; and further, that the Church was financially unable to move into the central part of the City. A discussion followed regarding proposed funding for the expansion, the urban service area boundary and future need for hard services to the site if approval was granted. The City Solicitor advised that the matter might be tabled in order that the applicant could make an application with the Regional Niagara Planning Department to consider an amendment to the Official Plan. Since no further comments were forthcoming His Worship Mayor Smeaton declared the public meeting closed. It was moved by Alderman Cowan, seconded by Alderman Sherat, that the request be approved, and that the vote be recorded. The Clerk polled the Members of Council as follows: -4- Mayor Smeaton AYE Alderman Campbell AYE Alderman Cheesman NAYE Alderman Cowan AYE Alderman Cummings NAYE Alderman Harrington NAYE Alderman Hinsperger NAYE Alderman Hopkins NAYE The motion was Defeated. with a majority vote: Alderman Janvary NAYE Alderman Puttick NAYE Alderman Shetar AYE Alderman Ward NAYE ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that the report be received and adopted, and the application denied. The motion Cartled with the following vote: AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Patrick and Ward. NAYE: Aldermen Cowan and Sherat. DEPUTATION pRO.POSED WALL SIGN - 4190 BRIDGE Commnication No. 84 - Ms. Pamela Vetrill Walker - Re: Proposed Wall Sign, 4190 Bridge Street. The communication requests permission to address the sub]act matter at the upcoming Council meeting, and submitting an "Application for Graphic Wall Display" brief. Ms. Walker and Mr. Charles Ryall were in attendance. Mr. Ryall reviewed the information contained in the brief, and presented a photograph of the wall where it was intended the wall sign would be placed. He discussed the number of years he and Ms. Walker have owned legal offices in Niagara Falls, referred to other large signs in the City, and assured Council that the sign would "be of a high standard". ORDERED on the motion of Alderman Puttiek, seconded by Alderman Hinsperger, that the request be approved. The motion Carrie~ with the following vote: AYE: Aldermen Campbell, Cummings, Hinsperger, Janvary, Puttick and Ward. NAYE: Aldermen Cheesman, Cowan, Herrington, Hopkins and Sherat. UNFINISHED BUSINESS TOPSOIL KEHOVAL, UPPEB.'S LANE/LOT 120 STAMFORD- Report No. PD-89-38 - Chief Administrative Officer - Re: J. Grandoni's letter to Council - Topsoil Removal, Upper's Lane. The report recommends the following: 1) That Council defer further discussion on PD-89-33 until March, at the request of the land owner; and 2) That Miss J. Grandoai be advised of the date when Council will consider the matter again, ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 85 - Niagara South Board of FAueatimm- Re: Annual Report on Community Use of Schools - 1987/88. The communication provides information regarding the use of school facilities for outside groups during the aforementioned period. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed, and further, that a letter of appreciation be forwarded to the Board from the Meyor'8 office. Carried Unanimously. -5 - REPORTS R-89-06 - Government & Civic Committee - Re: Sports Wall of Fame. The report recommends that the Civic Committee be authorized to proceed, to establish an Executive Committee for the City of Niagara Falls proposed Sports Wall of Fame and to advertise for appoiutments to the Executive Committee. ORDERED ou the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unantmously~ R-89-O7 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides information regarding the public swimming pool attendance from January 1, 1988 to December 31, 1988. Alderman Campbell declared a conflict of interest because the Y.M.C.A. is a client. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. B-89-02 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Commercial Building; 6824 Thorold Stone Road - Committee of Adjustment A-58/88. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial building, aud the site plan being drawing Number A-l, and the grading and site servicing plan also shown on drawing Number A-1 and filed with the Buildings &Iuspections Department of the City of Niagara Falls on February 2, 1989, and that such approval be subject to the couditione outlined in the report. ORDERED on the motion of Alderman Hinsperger, secouded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. B-89-O3 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Church Addition, Christian Fellowship Church; 6970 Mountain Road, AM-22/88. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Church addition, and the site plan being drawing Number A-O1, and the grading plan also shown on Drawing A-01 and filed with the Buildings & Inspections Department of the City of Niagara Falls on January 24th, 1989, and that such approval be subject to the conditions included In the report. Alderman Cummings declared a conflict of interest because a service club with which he is associated is located near the subject lands. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote an a conflict of interest previously recorded, and with all others voting in favour. C~1-89-06 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Northwood" Subdivision; Ogner: 705336 Ontario Limited; File No. 26T-88020. The report recommends that the "Northwood"Subdivision be approved subject to the conditions enumerated in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. CD-89-09 - Chief Administrative Officer - Re: Conveyance of Part of First Avenue. The report recommends that the section of First Avenue, closed by By-law (1778) 1929 be conveyed to the abutting owners, subject to the conditions contained in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimousl~.. CD-89-10 - Chief Administrative Officer - Rel Encroachment - 4611 Morrison Street. The report recommends that the application to permit the continuation of the encroachment of a dwelling upon the Morrison Street road allowance be approved, and the appropriate by-law be enacted by the City Council. i -6- ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. NW-89-16 - Chief Adsinistrative Officer - Re: Transportation Safety Association Awards - 1988. The report recommends the following: 1) That drivers who have completed ten or more years of accident-free driving be authorized to attend the Transportation Safety Association Banquet on Saturday, March 4th, 1989, at a cost of $14.00 per ticket; and 2) That Awards be presented to the eligible drivers at the Municipal Service Centre by His Worship the Mayor, between the hours of 3:00 p.m. and 4:00 p.m. on a date suitable to the Mayor. ORDERED on the motion of Alderman Cummings, seconded by Alderman Carried Unanimously. Htnsperger, that the report be received and adopted. NW-89-17 - Chief Administrative Officer - Re: Engineering Agreement - Montr. ose Manors Subdivision. The report recommends that the by-law appearing on tonight's agenda authorizing an agreement with the City and Kerry T. Howe Limited for the provision of engineering services for the Montrose Manors Subdivision, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By- law No. 89-37. NW-89-18 - Chief Administrative Officer - Re: Contract R.C. 1-89 - Reconstruction of Queen Street; P.R.I.D.E. - from Crysler Avenue to Valley Way. The report recommends the following: 1) That the by-law appearing on tonight's agenda authorizing the temporary road closure of Queen Street, from Cry,let Avenue to Valley Way, from approximately February 27, 1989 to April 14, 1989, be passed; 2) 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: (a) The above temporary road closure being approved; and (b) Receiving Ministry of the Environment approval of the sewer and watermain installations proposed to be undertaken through 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. 13. See By-law No. 89-36, and By-law No. 89-39. l~o. F-89-09 -Chief Adsinistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling 8736,735.44 for the period ending February 13th, 1989 be approved by the passing of the by-law appearing later on the Agenda. Alderman Campbell declared a conflict of interest on Cheque No. 39343 because he has a business interest. Alderman Rinsperger declared a conflict of interest on Cheque No. 39344 because he is employed by the firm. Alderman Sherat declared a conflict of interest on Cheque No. 39361 because he was on the organizing committee. Additional information was provided on Cheque No. 39367. L 7 ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Campbell, Hinsperger and Sherat abstaining from the vote on Cheque Nos. 39343, 39344 and 39361 respectively, on conflicts of interest previously recorded; with Aldermen Cowan and Hopkins voting contrary on Cheque No,. 39389 and 39415 respectively; and with all others voting in favour. See By-law No. 89-41. C~-89-11 - Chief Administrative Officer - Re: Amendment to By-law No. 76-102. The report recommends that the by-law appearing later on the agenda to amend Section 10 of By-law No. 76-102, regarding Driving Schools & Driving Instructions, be passed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Se9 By-law No. 89-35. (VERBAL) - Fi-RnCe Committee - Re: Chamber of Commerce, Niagara Falls, Canada; 100th Anniversary. The Chief Administrative Officer advised that earlier this evening a communication from the Chamber of Commerce had been considered by the Finance Committees and the Committee had recommended approval of a grant in the amount of $500.00 to the Chamber of Commerce, Niagara Fallss Canada~ in conjunction with its 100th Anniversary celebrations. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that funds in the amount of $500.00 be granted to the Chamber of Commerces Niagara Falls, Canada, as recommended. Carried Unanimously. (VEeRAL) - Fin-hue Comittee- Re: 200th Anniversary of Portage Road. The Chief Administrative Officer advised that at the Finance Committee, held earlier on this dates consideration had been given to n brief from Mr. George Seibels Chairman of The Niagara Falls Heritage Foundation, with respect to the commemor- ation of the 200th Anniversary of Portage Road by publishing a book on the history of early settlement of Niagara Falls and of the Portage Roads as well as the installation of commemorative markers and plaques along Portage Road. The Finance Committee had recommended approval of a request for $10,000.00 in 1989, and a committment for the total 3 year program. ORDERED on the motion of Alderman Cummingss seconded by Alderman Cheesman, that the request be supported. Carried Unanimously. RESOLUTIONS No. 9 - C~ffMIMGS - HINSPEKGEE- RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of Provincial subsldy funds for transportation of physically disabled persons, in the amounts of $21,000.00 for Capital, and $47,363.00 for Operating; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7. No, 10 - CUI~IMCS - HINSPKR6ER- RESOLVED that pursuant to the Public Transportation and Highway Improvement Acts the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy funds for the year 1989s for public transportation in the amount of $639s375.00 for the Capital Assistance Programme, and $614s625.00 for the Transit Operating Assistance Programme; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 11 - C61~INGS - HINSPERGER- 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 $7,529s424.32; AND the Seal of the Corporation be hereto affixed. Carried Unanimous~7. -8- No, 12 - C~NGS - HINSP!~li- RESOLVED that a message of condolence be forwarded to the family of the late Thomas Macrae who was a former valued employee with the City of Niagara Falls for many years, as a Firefig~ter, Assessment Department Clerk, and prior to his retirement, as the Secretary-Treasurer of the Con~nittee of Adjustment; who also served as the Clerk-Treasurer of the former Village of Chippawa; and who was a highly respected resident of the City for many years; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 13 - BINSParER- JANVARY - RESOLVED that the unit prices submitted by Bear Construction Inc., for Contract R.C. 1-89 - Reconstruction of Queen Street, P.R.I.D.E. - from Crysler Avenue to Valley Way, at the low tendered amount of $598,591.18, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS In response to questions raised regarding By-law No. 89-40, the Solicitor advised that when Report No. S-89-02 and By-law No. 89-03 were approved on January 9, 1989, Council directed that this by-law be submitted at a subsequent date, and further that each of the owners be given an opportunity to indicate whether they wished to purchase one-half of the property. 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. 89-33 - A by-law to amend Zoning By-law No. 79-200, as amended. (AM-22/88 Niagara Falls Christian Fellowship, 6970 Mountain Rd.; Report PD-88-105 approved by Council July 11/88 subject to conditions). No. 89-34 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-22/88 Niagara Falls Christian Fellowship). No, 89-35 - A by-law to authorize an amendment to By-law No. 76-102, as amended, being a by-law raspacting the issuing of liceurea. No. 89-36 - A by-law to authorize the execution of an agreement with Bear Construction Inc. for the reconstruction of Queen Street (P,R.I,D.E,) from Crysler Avenue to Bucklay Avenue, No. 89-37 - A by-law to authorize the execution of an agreement with Kerry T. Howe Limited respecting engineering services for the Montrose Manors Plan of Subdivision, No, 89-38 - A by-law to authorize the execution of an agreement with George Schneider Holdings Limited for the payment of consulting engineering services respecting the proposed Montrose Manors Plan of Subdivision. No, 89-39 - A by-law to temporarily close part of Queen Street from Crysler Avenue to Buckley Avenue/Valley Way. No. 8~-40 - No, 89-~1 - A by-law to set the sale price of a closed road allowance in Registered Plan 44 for the former Township of Stamford and to fix the period for abutting owners to exercise their right to purchase. A by-law to provide monies for general purposes. -9- The motion Carried with Alderman Cummings abstaining from the vote on By-law Nos. 89-33 and 89-34 on a conflict of interest previously recorded under Report No. PD-89-35; with Aldermen Campbell, Htnsperger and Sherat abstaining from the vote on By-law No. 89-41, on conflicts of interest previously recorded under Report No. F-89-O9; 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: No. 89-33 - A by-law to amend Zoning By-law No. 79-200, as amended. (AM-22/88 Niagara Falls Christian Fellowship, 6970 Mountain Rd.; Report PD-88-105 approved by Council July 11/88 subject to conditions). No. 89-34 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-22/88 Niagara Falls Christian Fellowship). No. 89-35 - A by-law to authorize an amendment to By-law No. 76-102, as amended, being a by-law respecting the issuing of licenoes. No. 89-36 - A by-law to authorize the execution of an agreement with Bear Construction Inc. for the reconstruction of Queen Street (P.R.I.D.E.) from Cryslat Avenue to Bucklay Avenue. No. 89-37 - A by-law to authorize the execution of an agreement with Kerry ~T. Howe Limited respecting engineering services for the Montrose Manors Plan of Subdivision. NO. 89-38 - A by-law to authorize the execution of an agreement with George Schneider Holdings Limited for the payment of consulting engineering services respecting the proposed Montrose Manors Plan of Subdivision. No. 89-39 - A by-law to temporarily close part of Queen Street from Cryslat Avenue to Bucklay Avenue/Valley Way. No. 89-40 - A by-law to set the sale price of a closed road allowance in Registered Plan 44 for the former Township of Stamford and to fix the period for abutting owners to exercise their right to purchase. No, 89-41 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on By-law Nos. 89-33 and 89-34 on a conflict of interest previously recorded; with Aldermen Campbell, Hinsperger and Sherat abstaining from the vote on By-law No. 89-41~ on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS IT~ OF CONCERN: ~hirlpool Brldge/CosserelalTraffic - Alderman Puttick raised questions regarding a recent newspaper article with respect to the anticipated closure of the Whirlpool Bridge to commercial traffic, His Worship Mayor Smeaton stated that he bed planned on providing a verbal report this evening regarding the subject matter, He stated that Canada Customs had given notice of intention to close the lower bridge to commercial vehicular traffic as of April 1sts 1989~ and that the Niagara Palls Economic Development Agencys local business and brokerage people as well as border crossing business- es had expressed the wish to have a meeting to consider the matter. Mayor Smeaton further stated that meetings had been held, with participation from the Regional Municipality of Niagara and the Niagara Parks Commission, to consider the problems in connection with the lower bridge border crossing and slowness of traffic, that a letter had been forwarded to the Chairman of the Commission, and - 10 - a reply was being awaited. His Worship Mayer Smeaton informed Council that at the request of Mayor O'Laughlin of Niagara Falls, N.Y., he had participated in a public meeting, held earlier on this date, with businessman of Niagara Falls, N.Y., and that an announcement had been made regarding actions taken in Washington, D.C., with respect to plans of the City of Buffalo. Mayor Smeaton stated that a report would be submitted at the next meeting of City Council. ITEH OF INT~.UXST: AMO Seminar - Alderman Cowan expressed appreciation on behalf of Alderman Herrington and himself, for the opportunity of attending the AMO Orientation Seminar held recently in Wailand. ***** It was moved by Alderman Puttick, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. 'FV . ,W~'' - S. SMEATON TWELFTH MEETING REGULAR MEETING Council Chambers February 20, 1989 Council met on Monday, February 20th, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Cheesman and Ward who were on vacation, and Aldermen Cowan and Puttick who were attending the Ontario Good Roads Conference in Toronto, were present. His Worship Mayor Smeaton presided as Chairman. Alderman 0rr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the minutes of the meeting held February 13th, 1989, be adopted as printed. Carried Unanimously. PRESENTATIONS NIAGARA PARKS (I)NNISSION - Alderman Campbell introduced a three part video film which was produced by Channel 11 News and shown at a recent meeting of the Niagara Parks Commission, and depicting the history and progress of the Falls during the past one-half Century. He stated that currently there was increased cooperation between the Niagara Parks Commission, the Regional Municipality of Niagara and the City of Niagara Falls, and further, that Council has been invited to attend a special session of the Niagara Parks Commission in order to review the future plans of the Commission. His Worship Mayor Smeaton expressed appreciation for the film, and the invitation for Council's attendance at a Commission meeting. The Chief Administrative Officer was asked to coordinate the meeting. ACI{Ii.:,vM, MM AWARDS- Asateur Boxing Championships - His Worship Mayor Smeaton congratulated and presented Achievement Awards to Bill Irwin, who won the Canadian Senior Lightweight Amateur Boxing Championship for 1989 held in Vancouver~ B.C.; to Mike Strange, who won the Canadian Senior Bantam Amateur Boxing Championship for 1989 held in Winnipegs Manitoba; and to their Coaches, Pat Kelly and Harvey Sherren. Figure Skating Chaapionships at Sault Ste, Marie - His Worship Mayor Smeaton congratulated and presented an Achievement Award to Jennifer Macklacy, who placed first in the Western Ontario Section Novice Ladies competition at Brantford; placed 4th at the Divisionalas Novice Ladies, held at Sault Ste Marie; and who placed 14th at the Canadian Figure Skating Championships~ Novice Ledless recently held in Chtcouttmi, Quebec. He congratulated Jennifer and stated than an Achievement Award was being presented to her Coach, Bill Meals. National Track & Field Championships - His Worship Mayor Smeaton congratulated and presented an Achievement Award to Beni Gras, who placed third in the National Junior Track and Field Championships at Vancouver. B.C. He expressed appreciation on behalf of the community to the above named recipients and wished them future successes. DEPUTATION NXA~ARA FALT..~ P~BLIC LIBRARY BUDGET - Mrs. Joyce Crysler, 4770 Morrison Street, expressed her sincere hope that Council would approve the 1989 proposed budget of the Niagara Falls Public Library. She reviewed the activities of the Librarys the benefits of the Library services to the communitys and asked Council to grant a viable budget to the Library, -2- UNFINISHED BUSINESS RECONSTRUCTION OF PAI~ AVI~UM FROM JEPSOg ST. TO VICTORIA AVE. - Report No. MW-89-10 - Chief AdsinistrativeOfficer - Re: By-law to Authorize the Reconstruction of Palmet Avenue from Jepson Street to Victoria Avenue. The report recommends the following: 1) 2) That Council hear any person who claims that his/her land will be preJudicially affected by the by-law appearing on tonight's ageride to authorize the above-noted works; and That, subject to there being no valid objections, the by-law appearing on tonight's agenda be passed by Council. the report be received and adopted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orrs that Carried Unanimously. See By-law No. 89-45. PAUL AVENUE WATER PROBLI~ - Cosmunication No, 86 - Mr. Wayne Pine St. - Re: St. Paul Avenue Water Problem. The communication advises that there "is still intermittent contamina- tion" of the potable water supply at 2789 St. Paul Avenue, that the watermain had been flushed before samples for chemical testing were obtaineds questions whether the Maintenance & Operations Engineer was in "conflict of interest" and the source of aluminum in the waters and asks for a re-evaluation of the incident. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger~ that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No. 87 - Regional Councillor Peter Sobel - Re: Leaf Composttug Project. The communication attaches a report regarding the aforementioned project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Binspergers that the communication be received and filed. Carried Unanimously. go. 88 - Ontario gydro - Re: Ash Management Facility - Lakeview Thermal Generating Station. The communication discusses the need for an ash management facility in the near future; states that Ontario Hydro Staff will consult with Provincial Government Ministries, Municipal officials and the public for inputs and that a public involvement program has been scheduled on March 9s 1989 in the Plaza "B" Rooms Parkway Inns St. Catharines; and invites the attendance of officials. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Herrington, that a member of Staff be authorized to attend the meeting. Carried Unanimously. No. 89 - City of Waterloo - Re: Unconditional Grants Program. The communication asks Council to support a resolution that the Provincial Govern- ment reconsider funding to Municipalities in 1989 under the aforementioned program. ORDERED on the motion of Alderman Cummingss seconded by Alderman Hinspergers that the communication be received and the resolution endorsed. Carried Unanimously. go. 90 - The Cor~oratiun of the Township of Kingston - Rez Unconditional Transfer Payments to Local Municipalities - 1989. The communication requests support of a resolution petitionlug the Province to restore equal per household grants for 1989 unconditional transfer paymentss including inflation percentage. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minspergers that the communication be received and the resolution endorsed. Carried Unanimously. No. 91 - Town of Ns~ssrhet - Rez Candidates for Municipal Office. The communication asks Council to support a resolution to the Provincial Government tc po. st a deposit as a condition of nomination for Municipal Council. - 3- ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and flled. Carried Unanimously. No. 92 - Regional Niagara Public Works Department - Re: Construction Progress Report for January 1989. The communication attaches Report DEP-2907. ORDERED on the motion of Alderman 0rrs seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 93 - The Royal C~n~dian Legion (Branch No. 51) - 51st Annual Pilgrimage - 40 & 8 Societys American Legion - May 20th, 1989. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the request be granted subject to the approval of other authorities. Carried Unanimously. No. 94 - Niagara Falls Unemployed gelp Centre Inc. - Re: Funding Allocation 1989. The communication expresses appreciation for the financial support for 1989, and invites Council members to visit the Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. No. 95 - C~..dian Wildlife Federation - Re: Proclamation. The communication asks Council to proclaim the week of April 9th to 15th, 1989 as "National Wildlife Week", and to participate in the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and the request approved subject to established policy. Carried Unanimously. No. 96 - Robert V. Callahen, Chairsan, Stondin~ Cossittem on Adsinistration of Justice - Re: Bill 187. The communication advises that Public Hearings for Bill 187, An Act to amend certain Acts in relation to Police and Sheriffs, commence March 6th, 1989, and further, that the deadline for requesting appointments to appear is February 28th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be tabled for one week and referred to Staff for further investigation. Carried Unanimously. No. 97 - Amalgamated Transit Union, Local 113 - Re: Gray Coach Lines Ltd. - North Bay to Toronto Routes. The communication discusses the proposed elimine- ' tion and deterioration of Gray Coach service between North Bay and Toronto, and requests support in a campaign to save the Grey Coach service. ORDERED on the motion of Alderman Campbells seconded by Alderman Orrs that the communication be received and filed, The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Hinspergers Janvary, Orr and Sherat. NAYE: Aldermen Herrington and Hopkins, REPORTS NW-89-19 - Chief Adsiuistrative Officer - Re: Contract G.C. 2-89 - Watermain Installation on Strang Drive & Combined Sewer Replacement on Hiram St. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction Limiteds be accepted and that the contract be awarded to this firms subject to receiving Nlnistry of Environment approval of the watermain and sewer installation for this project. Alderman Hopkins declared a conflict of interest because a member of his family lives on Strang Drive. ORDERED on the marion of Alderman Cummingss seconded by Alderman ginspergers that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recordads and with all others voting in fayonto See Resolution No. 14. SeeThe-law NO. 89-46. -4- PD-89-34 - Nayor'a Cosmittee on Housing- Re: Review of Draft Provincial Housing Policy Statement. The report recommends the following: 1) That City Council support, in principles the goal to provide affordable housing and so advise the Minister of Municipal Affairs and the Minister of Housing, together with the following comments: (a) That the Provincial Government redefine the term affordability so that less than a 25% down payment is considered and the implications of rental deposits (i.e., last month's rent in advance) are taken into account; (b) That the Provincial Government be encouraged to allocate sufficient funds to assist in the financing of Municipal infrastructure (sewage treatment, water supply, highway development) to accommodate ten year growth plans; (c) That the Provincial Government consider legislative changes to enable Municipalities to control land uses, tenure and building approvals through other than conventional methods; and (d) That the Provincial Government provide support services (funding opportunities and staff) to gain community acceptance of any affordable housing endeavour; 2) That City Council investigate the use of Provincial g~ants to undertake part of the necessary studies to respond to housing affordability; 3) That the Planning Department continue to monitor both the supply of designated residential lands and the vacant lot inventory; 4) That the Regional Municipality of Niagara be encouraged to play a leadership role in determining growth patterns, distribution of affordable housing and provide a servicing strategy for the economic region once the proposed Housing Policy Statement has been adopted by the Provincial Government; and 5) That a copy of this report be forwarded to the Region of Niagara~ Ministry of Municipal Affairs, Ministry of Housings and Association of Municipalities of Ontario, prior to February 28s 1989. ORDERED on the motion of Alderman Rarrington, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummingss Harrington, Hinspergers Hopkinss Janvary and Orr. NAYE: Alderman Sherat. PD-89-39 - Chief AdsinistrativeOfficer- Re: Minor Variance Application A-113/88, Joseph Salvatore, 7130 Ridgewood Crescent. The report recommends that Council authorize Staff to appeal the decision of the Committee of Adjustment regarding application A-113/88 which reduced the minimum front yard depth from 7.5m (24.6 ft.) to 5.33m (17.5 ft.). ORDERED on the motion of Alderman Cummingss seconded bF Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. PD-89-41 - Chief AdministrmtiveOffiemr - Re: Energy Mines & Resources Canada National Conference. The report recommends that G. de Boer be authorized to attend the Energy Mines & Resources Canada National Conference and to present a paper on the City's Environmental Inventory. ORDERED on the motion of tlderman Janvarys seconded by Alderman Hopkinss that the report he received and adopted. The motion Carried with the following vote: AYE~ Aldermen Campbells Cummingss Herringtons Hinspergers Ropkinss Janvary and Sherat. NAYEz Alderman Orr. F-89-04 - Chief AdalulatrativeOfficer - Re: Canada Day. The report recommends that Monday, July 3rds 1989 be granted in lieu of Canada Day. 5 -5 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-8~-04 - CMef Administrative Officer - Re: Site Plan Approval - Proposed 46 Unit Townbeusing Development - NE Corner Kalar Road & Coventry Road, Block C, M-61. The report reconunends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed townhouse development, and the site services and grading plan being drawing Number SSUP-I, and the landscape plan being drawing Number L.P.-B and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 16, 1989, and that such approval be subject to the conditions included in the report. Mr. Christopher Long, Architect, R.E. Winter & Associates, explained the proposed plans with the assistance of posted sketches. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-05 - Gldef Administrative Officer - Re: Site Plan Approval - Proposed Commercial/Residential Apartment Building, Perkins Street; Committee of Adjustment Application A-89-88. The report recommends that Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial build- ing with residential apartments, and the site plan being drawing Number S.P.A. 1 and the site grading and services plan being drawing Number 001 and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 13, 1989, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously__. B-89-06 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 56 Unit Townhouse Development, SW Corner of Coventry Road and Buckingham Drive, Block B, M-61. The report recommends that the Council approve the site plan(s) on display at tonight's meetings being n proposed townhouse developments and the site services and grading plan being drawing Number S.S.U.P. 2, and the landscape plan being drawing Number L.P.-B and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 16, 1989, 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 Unanimousl7. F-89-10 - Chief Administrmtive Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $420s588.31 for the period ending February 20th, 1989 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 39495 and 39496 because he is employed with the company. Additional information was provided on Cheque No. 39531. ORDERED on the motion of Alderman Campbells seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 39495 andS~on a conflict of interest previously recorded; and with all others voting in fayour. ~e B~-la~ No. 89-47. RESOLUTION No. 14 - C~NGS- HIMSPEnCER- RESOLVED that the unit prices submitted by Provincial Construction Limited for Contract G.C. 2-89 - Watermain Installation on Strang Drive and Combined Sewer Replacement on Hiram Streets at the low tendered amount of $119s539.00s be accepted and the contracted be awarded to this firms subject to receiving Ministry of Environment approval of the watermain and sewer installation for this project; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded under Report No. MW-89-19; and with all others voting in fayour. 6 -6- BY-LAW~ ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-42 - A by-law to amend By-law No. 79-200, as amended. (AM-31/88 Biamonte Brothers Ltd., 7906 Lundy's Lane; Report pD-88-136 approved by Council 1988 09 12). No. 89-43 - A by-law to amend Bylaw 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-31/88 Siamante Brothers Ltd.; 7906 Lundy's Lane). No. 89-44 - A by-law to amend By-law No. 79-200, as amended. (AM-51/88, Larry Keighan & Charles Wood; Lots 58 & 155, Plan 251Chippawa; Report PD-89-05 approved by Council 1989 01 16). No. 89-45 ~ A by-law to authorize the reconstruction of Palmet Avenue from Jepson Street to Victoria Avenue. No. 89-46 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for watermain installation on Strang Drive and combined sewer replacement on Hiram Street. No. 89-47 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins abstaining from the vote on By-law No. 89-46 on a conflict of interest previously recorded under Report No. MW-89-19; with Alderman Hinsperger abstaining from the vote on By-law No. 89-47 on a conflict of interest previously recorded under Report No. F-89-10; 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. 89-42 - A by-law to amend By-law No. 79-200, as amended. Ne. 89-43 - 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. 89-44 - A by-law to amend By-law No. 79-200, as amended. 8945 - A by-law to authorize the reconstruction of Palmet Avenue from Jepson Street to Victoria Avenue, No, 89-46 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for watermain installation on Strang Drive and combined sewer replacement on Hiram Street, 89-47 - A by-law to provide monies for general purposes. The motion Carried with Alderman llopkins abstaining from the vote on By-law No. 89-46 on a conflict of interest previously recorded; with Alderman Minsperger abstaining from the vote on By-law No. 89-47 on a conflict of interest previously, recorded; and with all others voting in layout. NEW BUSINESS Vrsfereatisl aydro Rates - 'Alderman ~herar initiated a discussion regardin8 a recent newspaper report of a meeting at Wawas Ontario~ with the participation of the Minister of Energy~ and - 7- the Minister of Industry & Trade, and the possibility of preferential Ontario Hydra rates being established in Northern Ontario in order to assist industry in a specific area. He expressed the opinion that if preferential rates were being offered to Municipalities, the City of Niagara Falls should be considered also. ORDERED on the motion of Alderman Sherat, seconded by Alderman Orr, that a resolution be forwarded to the Premier of Ontario, the Minister of Energy, and the local Provincial Member of Parliament, with a firm request that the City of Niagara Falls be given preferential rates from the Ontario Hydra. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Htnsperger, Janvary, art and Sherat. NAYE: Aldermen Harrington and Hopkins. ITEMS OF I!~EST: Woman of the Year Award/Netta Nath~eson- His Worship Mayor Smeaton announced that Netta Mathieson had been selected to receive the "Woman of the Year Award" for 1989, and that the presentation would be made at the Ameri-Cana Hotel on Lundy's Lane on March 1st, 1989, with a reception and dinner at 6:00 p.m. He encouraged members of Council to attend. Nardi Gras - Alderman Harrington referred to the success of the Annual Mardi Gras Ball, sponsored by the Y.W.C.A., and held Saturday, February 18th, 1989 at the Victoria Park Restaurant. It was moved by Alderman art, seconded by Alderman Sherat, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, THIRTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 27, 1989 Council met on Monday, February 27th, 1989, at 6:45 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 AND ADO , REGULAR MEETING Council Chambers February 27, 1989 Council met on Monday, February 27th, 1989, 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 Puttick offered the Opening Prayer. WELCOME His Worship Mayor Smeaton welcomed former Alderman Richard Harrington to the meeting. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the minutes of the meeting held February 20th, 1989, be adopted as printed. Carried Unanimously. PRESENTATIONS Mr. Peter Lapins - Plaque - Alderman Campbell advised that Mr. Peter Lapins had been unable to appear at Council this evening because he was ill. His Worship Mayor Smeaton demonstrated the wooden plaque which had been presented to the City by Peter Lapins on behalf of his father, provided information regarding the artist and the work, and stated that this would be displayed in an appropriate place in City Hall. He expressed regret that Peter Lapins had been unable to attend the meeting, and asked Alderman Campbell to convey to Mr. Lapins the appreciation of Council. UNFINISHED BUSINESS 7708 gOODBIHE STugJeC - B-89-08 - Chief Administrative Officer - Re: 7708 Woodbine Street. The report reviews actions taken with respect to the complaint received from Mr. D. DeRose, 7696 Woodbine Street, regarding the supposed operation of a public garage at 7708 Woodbine Street. The report states that the owner of the property was apprised of Zoning By-law No. 79-200, advises of a request to the Ministry of the Environment that a further investigation be made, and recommends that the report be received and filed. Mr. Domehie DeRose and Mr. Gary Hammond were in attendance at the meeting. A discussion ensued regarding actions taken by the City, and the Ministry of the Environment. Alderman Campbell discussed his visit to the property and expressed the opinion that a considerable amount of activity was taking place on the property. It was pointed out that no infractions of the by-law had yet been found. Mr. Hammond responded to questions raised regarding activities on his property, - 2 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted pending a report from the Ministry of the Environment. Carried Unanimously. COMMUNICATIONS Me. 98 - Mr. Saute Raspado, Manager, Club Itslie Cycling Tess- Re: 2nd Annual Club Iralie Bicycle Race - July 8th, 1989. The communication requests the permission of Council to hold the event. ORDERED on the notion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 99 -. FCH- Re: proclamation. The communication asks Council to proclaim March 21st, 1989 as the "International Day for the Elimination of Racial Discrimination", to participate by holding a reception at City Hall, awarding a certificate of merit, and to send delegates to FCM's National Symposium on Race Relations scheduled for March 17th to 19th, 1989, in Montreal, Quebec. ' ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request for a proclamation be approved subject to established policy. Carried Unanimously. No. 100 -Marie Ludmieks Fresidentt Weight Watchers Franchise of Southern Ontario and Atlantic Canada - Re: proclamation- The communication asks Council to proclaim May 1989 as "Weight Watchers poundathon Month for Diabetes". It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. The motion was Defeate_____jd with the following vote: AYE: Aldermen Cummings, Hinsperger, Janvary, Orr and Ward. NAYE: Aldermen Campbell, Cheesman, Cowan, Harrington, Hopkins, Puttick and Sherat. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the communication be received and filed. The motion Carrie__._jdwith the following vote: AYE: Aldermen Campbell, Chsesman, Cowan, Harrington, Hopkins, Puttick and Sherat. NAYE: Alderman Cummings, Minsperger, Janvary, Orr and Ward. No. 101 - Ann &Ray Matthe~s end Staff, Home Hardware - Re: Sunday Shopping. The communication expresses opposition to Sunday Shopping, requests that Council members receive all provincial information regarding this matter, and asks that a local survey be taken on the issue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the matter he deferred pending receipt of Provincial legislation. Carried Unanimously. No. 102 - Joe Liheras Groglie Zaterprises Inc. - Re: Pizza Delight. The communication requests permission to place a cold air balloon above the premises at 4465 Drummond Road, from April let to 15th, 1989, ORDERED on the motion of Alderman Orr~ seconded by Alderman Janvary~ that the request be granted subject to receipt of a copy of the insurance coverage, Carried Unanimously. No. 103 - Mayor John Millson, City of Mindsot - Re| Ontario Arts Council - Five Year Strategic Plan. The communication asks Council to endorse a resolution requesting Provinelal Government funding to implement the plan. It was moved by Alderman 0rr~ seconded by Alderman Sherar~ that the communication be received and filed. The motion was DefeatQ~ with the following votes 3 AYE: Aldermen art and Sherat. NAYE: Aldermen Campbell, Chessman, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Puttick and Ward. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that the communication be received and the resolution endorsed. motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Cummings, Herrington, Htnsperger, Hopkins, Janvary, Puttick and Ward. NAYE: Aldermen Orr and Sherat. The No. 104 - Hinistry of the Environment - Re: MISA Workshop for Municipalities - "Controlling Industrial Discharges to Sewers" - March 15th, 1989, Prudhomme's Landing. It was noted that Chamber of Commerce representatives and Staff members will be in attendance. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. No. 105 A-H - Colleen Kershew, President; and Executive Members, Niagara Falls Gymnastic Club; and Louis Urehik, Mrs. Judy Urehiks Mary Lynne Urehikm Lori Urchik, Erin Thompson and Anita Fortino - Re: Niagara Falls Gymnastic Club. The communications express comments and concern that the Niagara Falls Gymnastic Club continue to operate. - AND - No. 105 I (HANDOUT) - Colleen Kershew, President, Niagara Falls Gysnastic Club - Re: Niagara Falls Gymnastic Club. The communication advising that at a meeting held earlier on this date Mount Carmel officials indicated there were no plans for closing the facilities at the present time, and referring to the need for a feasibiiity study. Alderman Harrington declared a conflict of interest because her husband is associated with the Club. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communications be referred to the final 1989 Budget deliberations. The motion Carried with Alderman Herrington abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 106 (HA!~) - Kitcheuer Street United Church - Re: Niagara Falls Public Library. The conunitarian expresses concern regarding the proposed 1989 Budget cuts for the City Library. ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. No. 107 (HANDOUT) - Hulticulture Niagara Centre Inc. - Re: Social Evening - March 7th, 1989, German-Canadian Club. The communication invites two Council members to attend. Alderman Janvary volunteered to be in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and fileds and any Alderman who wishes to attend may do so. Carried Unanimously. REPORTS CD-89-12 - Chief Administrative Officer - Re: Proposed Plan of Subdivision 26T-88034J "T.G. Bright Business Park". The report recommends that the City Clerk be authorized to process the application for the "T.G. Bright Business Park" Subdivision and that a report be prepared for Couucil's further consider- ation of this plan based on technical information received, public input~ etc. Aldermen Cummings and Sherat declared conflicts of interest because their place of employment is located iu the area, -4- His Worship Mayor Smeaton reviewed the procedure to be followed for this Public Meeting to review the plan of subdivision. Mr. Phil Fisher, River Realty Development and representing the T.G. Bright & Co., discussed actions taken to date, and reviewed plans for the subdivision. There was a negative response to Mayor Smeaton's request for comments from persons interested in the matter. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of int"""erest previously recorded, and with all others votin~ in favour. B-89-07 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for January 1989. The report provides information regarding Permits Issued and Highlights for January 1989, as well as February 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, and further, that the Director of Buildings & Inspections and the Senior Building & Plumbing Inspector be commended on the new format of the report. Carried Unanimously. NM-89-20 - Chief Administrative Officer - Re: Consulting Engineering Services Agreement for Seneca Street and Falls Avenue Trunk Storm Sewers. The report recommends that the Mayor and Clerk be authorized to execute the Agreement noted above, ORDERED on the motion of Aldermen Janvary, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously, See By-law No, 89-55. NM-89-23 - Chief Administrative Officer - Re: Noise Control Measures (Acoustical Barrier) - Rainbow Gardens Subdivision. The report recommends that Council authorize Staff to make the revisions to the "Noise Control Measures" section of the Subdivision Agreement for the Rainbow Gardens Subdivision to reflect the "as built" acoustical barrier. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. N~-89-25 - Chief Administrative Officer - Re: License Agreement with Ontario Hydro for Lands Immediately North of Service Centre Site. The report recommends that the by-law authorizing this agreement be passed. ORDERED on the motion of Alderman Ward, seconded by Alderman Chessman, that the repor~ be received and adopted, Carried Unanimously, Hg-89-26 - Chief AdninistrativeOffieer - Rez Encroachment Onto City Easement - Lot 7, 59M-123; Harevies Lane. The report recommends that Council authorize the release of the City's easement in the area of the encroachment as per the Plan attached, and that the by-law authorizing the release, be approved. ORDERED on the marion of Alderman Cummings, seconded by Alderman Hinspergers that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that Staff be directed to submit a report addressing the issue of expenses incurred by the City to remedy such encroaohments, end to determine if the City could have a charge back. Carried Unanimously. Ne-89-27 (BAlelM)OT) - Municipal Works Cosaittee- Rez Committee Reportz Proposed Regional Development Charge Policy. The report recommends the following~ 1) That Regional Niagara be advised that the City of Niagara Falls supports the concept of a Regional Development Charge Policy; - 5- 2) That the comments contained in this report be forwarded to Regional Niagara as the City's comments on the proposed Regional Development Charge Policy (July 1988 version) and that they be taken into consideration in revisions to the Draft Policy. 3) That a revised Policy document be circulated to area Municipalities for comment prior to presentation to Regional Council for approval; and 4) That consideration be given by the Region to add soft services, and that the development charge be applied to Commercial and Industrial Sectors as well as the Residential Sector. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. feW-89-28 (HANDOUT) - Municipal Works Committee- Re: Committee Report: Regional Waste Management Master Plan. The report recommends the following: 1) That the City of Niagara Falls does not fully endorse the Regtonai Waste Management Master Plan (November 1988 version) as circulated by letter dated 1988 11 18 from the Regional Clerk; 2) That the City of Niagara Falls recommends the Master Plan be amended as follows: (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 amendment suggested in (a) be recognized as being in compliance with the intent and purpose of the Master Plan and that accordingly, the Master Plan supports funding by the Ministry of the Environment for implementation of these interim arrangements; (c) The Regton'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, ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following Vote: AYE= NAYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Janvarys Puttick, Sherat and Ward. Alderman err. F-89-11 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,369,568.22 for the period ending February 27th, 1989 be approved by the passing of the by-law appearing later on the ageode. Alderman Chessman declared a conflict of interest on Cheque No. 39671 because his wife is employed by the Board. Alderman Hinsperger declared a conflict of interest on ChequeNo. 39627 because he is employed with the Company, Alderman Ward declared a conflict of interest on Cheque No. 39768 because he has a business interest. -6- Additional information was provided on Cheque Nos. 39675 and 39766. ORDERED ou the motion of Alderman Cummings, seconded by Aldrman Janvary, that the report be received and adopted. The motion Carried with Aldermen Chessman, Minsperger and Ward abstaining from the vote ou Chequ~'Nos. 39671, 39627 and 39768 respectively, on conflicts of interest previously recorded; with Alderman Orr voting contrary on Cheque No, 39667; and with all others voting in favour. See By-law No. 89-56. F-89-12 - Chief Adsinistrative Officer - Re: 1989 Interim Tax Levy. The report recommends that Council adopt an Interim Tax Levy for 1989 with two instalmeuts and pass the relevant by-laws appearing ou this eveuing's agenda- During the discussion, Staff was requested to submit the Interim Levy report at an earlier date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-48, and By-law No. 89-49. C-89-08 - Chief Adsinistrative Officer - Re: Conditional Award of Tenders for Services and Goods. The report reviews actions taken with respect to the subject matter and recommends that the information contained therein be noted and the report be received and filed. ORDERED ou the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously, 0-89-09 - Chief AdsinistrativeOfficer ' Re: Kinsmen Park - Northeast Corner of Moutrose Road and McLeod Road. The report recommends that Council declare the twenty-five acres at the above-referenced location to be surplus to the City'8 needs. During the discussion, the Clerk was asked to submit a report in two weeks time containing a list of surplus lands owned by the City. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. 0-89-12 - Chief Administrative Officer - Re: Development of Lands in Drummond/Oldfield Road Area. The report provides background information regard- ing the decision of Council to develop a Commercial/Industrial Park on the east side of Montrose Road; the decision with respect to hearing a developer in Committee of the Whole; and questions relating to the possible rezoniug of lands in the Oldfield Road area; and recommends that the information contained in the report be received and filed. Aldermen Cowan and Ward declared conflicts of interest because of business interests, ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Cowan and Ward abstaining from the vote on conflicts of interest previously recorded; and with all others voting in fayour. FD-8944 (HANDOUT) - EnvironsentalFlanniuK & GreeninS Comaittee- Re: The World Conservation Strategy and the PALS (PreservatiOn of Agricultural Lands Society) Conservation Project (PD-89-37) and Wetlands Planning Policy Statement (PD-89-40), The report recommends that Council approve the recommendations listed in the attached report to the Environmental Planning & Greening Committee, ORDERED on the motion of Alderman Hopkinss seconded by Alderman Janvarys that the report be received and adopted, Carried Unanimously, RESOLUTIONS NO. 15 - C~I~S - OOWAB - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1989, dated February 27, 1989, be adopted as presented in the total estimated amount of $4,012,000.00 with an estimated subsidy of $1,712,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 16 - (~IBCS - COgAN - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1989, dated February 27, 1989, be adopted as presented in the total estimated amount of $144,400.00 with an estimated subsidy of $72,200.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 17 - C~NNINGS - COWAN- RESOLVED that the following Aldermen be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton: - Alderman Wayne Campbell be appointed Acting Mayor from March 2rid to 9th, 1989. inclusive; and - Alderman Paisley Janvary be appointed Acting Mayor from March 10th to 17th, 1989, inclusive ; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7. 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, 89-48 - A by-law to provide an interim levy of taxes. 89-49 - To provide for the collection of interim taxes for the year 1989. No, 89-50 - A by-law to designate certain land not to be subject to part lot control, (Approved by Council April 18, 1988; Report PI)-88-60). No. 89-51 - A by-law to authorize the execution of an agreement with River Realty Development (1976) Inc. amending the Subdivision Agreement for the Charnwood Plan of Subdivision (Registered Plan ~r-53). HO. 89-52 - A by-law to amend By-law No. 79-200, as amended. (AM-36/88, 502759 Ontario Ltd., Mr. S. Mingle, Southwest corner of Victoria Ave. & Roberrs St.; Report PD-88-164 adopted by Council 1988 10 17). Ho. 89-53 - 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 sectlon 40 of the Planning Act, 1983. (AM-36/88, 502759 Ontario Lid,, S. Mingle, Southwest corner of Victoria Ave, & Roberrs St,), No, 89-54 - A byelaw to authorize the execution of a licenee agreement with Ontario Hydro. HOe 89-55 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for engineering consulting services respecting Seneca Street and Falls Avenue trunk storm sewers, No. 89-56 - A by-law to provide monies for general purposes. - 8 - The motion Carried with Aldermen Chessman, Hinsperger and Ward abstaining from the vote onB~-lawNo. 89-56 on conflicts of interest previously recorded under Report No. F-89-11; with Alderman err voting contrarY on By-law No. 89-56 as recorded under Report No. F-89-11; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the following by-laws be now read a second and third time. No. 89-48 - A by-law to provide an interim levy of taxes. No. 89-49 - To provide for the collection of interim taxes for the year 1989. No. 89-50 - A by-law to designate certain land not to be subject to part lot control. (Approved by Council April 18, 1988; Report pD-88-60). No. 89-51 - A by-law to authorize the execution of an agreement with River Realty Development (1976) Inc. amending the Subdivision Agreement for the Charnwood Plan of Subdivision (Registered Plan M-53). No. 89-52 - A by-law to amend By-law No. 79-200, as amended. (AM-36/88, 502759 Ontario Ltd., Mr. S. Mingle, Southwest corner of Victoria Ave. & Robarts St.; Report pD-88-164 adopted by Council 1988 10 17). No. 89-53 - 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 Plannlng Act, 1983. (AM-36/88, 502759 Ontario Ltd., S. Mingle, Southwest corner of Victoria Ave. & Robarts St.). No. 89-54 - A by-law to authorize the execution of a license agreement with Ontario Hydro. No. 89-55 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for engineering consulting services respecting Seneca Street and Palls Avenue trunk storm sewers. No. 89-56 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Minsperger and Ward abstaining from the vote on By-law No. 89-56 on conflicts of interest previously recorded; with Alderman Orr voting contrary on By-law No. 89-56 as previously recorded; and with all others voting in fayour. NEW BUSINESS ITEHS OF ~ONCERB: High~eyNo. 420 Improvesant - Q.E.M. to ~ainbo~ BridSe - A Handout report was received from Alderman Cowan regarding Highway No. 420 Improvement from Q.E.W. to Rainbow Bridge. The report provides information with respect to a meeting held on February 20th, 1989, between Provincial representatives of the M.T.O., Aldermen Cowan and Puttick, Regional Director of Engineering C.H. Eidt, and City Staffs and states that plans for the area would be submitted to the M.T.O. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report ha received and filed. Carried Unanimously. Ontario Good Roads Conference - A Handout report was received from Alderman Cowan regarding the subject conference, held on February 19th to 22nd, 1989, and attaching a resolution that the Treasurer of Ontario reverse the decision not to increase Municipal road funding in 1989, and to fulfill the provincial Goveroment's mandate to provide a safe and economical road system by increasing the funding. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherare that the report be received and filed. Carried Unnimouely. 9 Whirlpool Bridge - Comrclal Traffic - Mayor Smeaton advised that a meeting had been held earlier today with the Bridge Commission and interested parties, including Customs Brokers, the EDA and NPC Staff, and further, that all parties had agreed to immediately begin a review of the commercial traffic and consider plans to relieve the congestion at the intersection this summer. He further advised that the Customs have agreed not to close the bridge to commercial traffic until Labour Day, and further, that a meeting will be held in 3 weeks with the Regional Municipality of Niagara. Police Building - Alderman Cummings requested an update report regarding the old Police building. The Chief Administrative Officer submitted information regarding a meeting with the owners, and advised that at the time of the meeting they were still deslrous of renovating the building. Mayor Smeaton stated that offers to purchase the building had been received. The Chief Administrative Officer will contact the owners for an update report. Sunday Shopping - Alderman Warrington referred to the communication, considered earlier this evening, regarding Sunday Shopping and asked that in conjunction with the Chamber of Commerce, Staff submit a report for the consideration of Council, regarding the subject matter. It was noted that Staff was awaiting information regarding Provincial legislation and would be submitting a report as soon as possible. Ssoki~ at Arenas - Alderman Hinsperger initiated a discussion regarding complaints being received from citizens with respect to the problems created by smoking in the arenas, and the need to enforce the City by-law. His Worship Mayor Smeaton expressed the opinion that action should be taken immediately to enforce the smoking by-law. Alderman Cummings advised that Staff was investigating the matter, and further, that exhaust fans were being installed at the Niagara Palls Arena. Conflict of Interest - Alderman Harrington initiated a discussion with regard to the Conflict of Interest Act. His Worship Mayor Smeaton stated that a copy of the Act was available for her lnforma,tion. IT!~S OF INTEREST: a~O- Special Neering of thoHe~bership in Toreate - Alderman Puttick referred to the Information for Council communication regarding the upcoming Special Meeting scheduled for Thursday, March 30th, 1989, Holiday Inn, Toronto. It was generally agreed that members of Council who were interested and able to do so may attend. Affordable Housix~ Conference/Kitchener - Alderman Harrington expressed appreciation respecting her authorization to attend the Affordable Housing Conference held recently in Kitchener. She stated that a report would be forthcoming. ***** It was moved by Alderman Ward, seconded by Alderman Puttick~ that Council adjourn to Committee of the Whole· Carried Unanimously. READ AND OPTEDs N ITY CLERK - 10 - COMMITTEE OF THE WHOLE Committee Room #1 February 27, 1989 Council met on Monday, February 27th, 1989 at 9:25 p.m. in Committee of the Whole, following a regular meeting· All members of Council, with the exception of Aldermen Chessman, Hopkins and OrrT were present. Alderman Janvary presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting· m,s~- READ AND ADO~gPTED, , CI _ -. COUNCIL MEETING Council Chambers February 27, 1989 Council reconvened in formal session on Monday, February 27th, 1989, following a meeting in Committee of the Whole· All members of Council, with the exception of Aldermen Chessman, Hopkins and Orr, were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND TED T . ' READ~. ENN , CITY CLERK ' '. FOURTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 March 6, 1989 Council met on Monday, March 6th, 1989, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton who was on vacation, and Alderman Hinsperger, were present. Alderman Ward presided as Chairman· Following consideration of the item presented, the Committee of the Whole arose without reporting, READ AND P~ED, LRi.... .... MAY 'CAMPB L REGULAR MEETING Council Chambers March 6, 1989 Council met on Monday, March 6th, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of His Worship Mayor Smeaton who was on vacation, and Alderman Hinsperger, were present. Acting Mayor Wayne Campbell presided as Chairman. Alderman Herrington offered the Opening Prayer. WELCOME Acting Mayor Wayne Campbell welcomed Mr. David Wishart, Teacher of Politics at Stamford Collegiate Vocational Institute, and Grade 13 students to the meeting. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the minutes of the meeting held February 27thT 1989, be adopted as printed. Carried Unanimously. PRESENTATIONS ACHIEveMENT AWARDS - Miss Julia Ho~es & Ms. Ruth Hunks - Acting Mayor Campbell congratulated Miss Julia Howes who was nominated to the Canadian Hall of Fame on November 15th, 1988, for outstanding achievements in local music competitions; and has been invited to participate in the United States Collegiate Wind Band's Tour of Europe this summer. Me presented an Achievement Award to July Howe,T and the Award of Ruth HunksT Band Director at A.N. Myer Secondary School, and wished her future success. Ontario Junior Championships - NiaRara Falls Badminton Club Players - Acting Mayor Campbell extended congratulations and presented Achievement Awards to the following| - Jeff CarterT Ontario Under 14 Boys' Doubles Champion; - Kathleen HuntT Ontario Under 16 Ladies' Doubles Champion AND Ontario Under 19 Mixed Doubles Champion; - Mark Nelson~ Coach; AND - Chris Durdans Ontario Under 14 Boys' Doubles Champion; - Ross Durdan~ Coach. -2- DEPUTATIONS FEASIBILITY STUDY - WILLOUCgBY HISTORICAL MUSKIlN- Comunication No. 10g - City of Niagara Fails Board of Nnseums - Re: Feasibility Study for Willoughby Historical Museum. The communication attaches a copy of the Study and requests a meeting with the Finance Con~aittee to discuss future plans for capital improvements to the Lundy's Lane and Willoughby Historical Museums. Mr. Sherman Zavitz, Chairman of the Board of Museums, provided a brief historical summary of the Feasibility Study for the Redosign or Relocation of the Willoughby ttistorical Museum, and responded to questions raised with regard to the budgetary and time frame requirements. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and referred to the Finance Committee. Carried Unanimously. COlelITTEr OF ADJUSTNKNT APPLICATION - 7130 RIDCKWOOD CRESC!~rr- Comaunicatibn No. 109 - Joe Salvetore - Re: Committee of Adjustment Application - 7130 Ridgewood Crescent. The communication refers to the Committee's decision to allow a reduced front yard setback of 17.5 feet at the above named address, and Council's decision on February 20th, 1989, to appeal the decision; attaches sketches of the existing and proposed front yard elevation; states that the neighbouts were in support of the application; refers to the danger of the existing condition; and asks Council to rescind lts former decision to appeal. Mr. Salvatere reviewed the information contained in the communication, referred to his lack of prior knowledge of the report to Council, discussed other properties on the street with reduced front yard setbacks; and responded to questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the matter be referred to Staff to contact the neighbouts for additional information. The motion was Defeatedwith the following vote: AYE: Aldermen Cummings, Chessman, Hopkins and err. NAYE: Aldermen Cowan, Herrington, Janvary, Puttick, Sherat and Ward. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that Council ratify its decision to appeal the Committee of Adjustment decision to approve the reduced setback. The motion Carrie.~dwith the following vote: AYE: Aldermen Chessman, Cowan, Herrington, Hopkins, Janvarys err and Ward. NAYE: Aldermen Cummings, Sherat und Puttick. ST, PAUL AVENUE W~r~PgOBLEH& REALTIi Er~kCTS - Acting Mayor Campbell advised that Mr. Wayne Pine would not be attending the meeting. UNFINISHED BUSINESS CITY OFMXLLAND- LYON'St'~I~WA1~Nk~x~x~' ~smunieationNoo 110 - City of Weband - Re: Lyon~s ~eek ~atershed. The communication advises that a resolution was adopted requesti~ the Niagara Peninsula Conservation Authority to revie~ the proposed fill lines with the City of Welland Planning Staff, recommend modifications based upon present-day land uses and elevations, and arrange a Joint public meeting with the City of Niagara Falls for informational purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman~'that the communication be received and filed. Carried Unanimously. TELEPHONE EXCHAI~E IN PARTS OF MARDS 3 & 4 - Re~ort of Alderman Cowan- Re: Proposed Telephone Changes in Wards 3 & 4. The report recommends that City Council support the proposal by Bell Canada to change the telephone numbers of all Niagara Falls residents presently served by the Welland exchange to the Port Robinson exchanges subject to CRTC approvals 3 and attaches a letter from Bell Canada advising that the company was prepared to transfer the customers to the Port Robinson exchange, subject to CRTC approval and attaching a resolution that the Council of the City of Niagara Falls support the proposal. It was noted that Mrs. Carolyn M. Reid, Regional Manager of Bell Canada, Mr. Domehie Peonease and other interested residents were in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See Resolution No. 20. COMMUNICATIONS do. 111 - Niagara l~ansit - Re: Appointment. The communication advises that Mr. A.J. (Sandy) Casey has been appointed as General Manager of Niagara Transit. It was noted that the retirement party for Joe McMahon, Manager~ is scheduled for Friday, March 10th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimousl~ No. 112 - Niagara Falls Knights of Columbus - Re: 1989 Exemplification Convention Parade - June 10the 1989. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 113 - Ninistry of Numicipal Affairs - Re: Land Use Controls Along Niagara Parkway. The communication attaches a revised agreement/Memorandum of Understanding and background report, regarding the subject matter, for approval. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be referred to Staff for examination of the revised document, with a report on its contents to be presented within three weeks. Carried Unanimously. No. 114 - P.A. Pasquet, P. Eng. - Re: Official Plan Amendment By-law 88-148, Zoning By-law 88-149; Proposed Hotel, Belmont Avenue. The communica- tion requests Council's consideration regarding Bus, commercial and automobile parking on Belmont Avenue, and participation of residents in the Site Plan Agreement. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the communication be referred to Staff. Carried Unanimously~ do. 115 - Niagara District Airport Cosmission- Re: 1989 Budget, The communication submits the proposed 1989 Budget of the Commission for approval. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward~ that the communication be referred to the Finance Committee for consideration. · Carried Unanimously. No. 116 - Niagara Child Development Centre - Re: Niagara Falls YWCA "Fit for Life" Program. The communications asks Council to support the program. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the communication be referred to the final budget deliberations. Carried Unanimously. During the discussion, it was pointed out that the affect of poverty on children was cyclical and "debilitating", and suggested that Council request, from the Social Planning Council, a brief summary of the report prepared by the Social Assistance Review Committee, entitled "Transitions". ORDERED on the motion of Alderman Harrington, seconded by Alderman Cummings, that the Social Planning Council be asked for a one page summary of the Social Assistance Review Committee~s report, entitled "Transitions", as soon as possible, The motion Carried with the following vote: - 4 - AYE: Aldermen Chessman, Cowan, Cummings, Herrington, Hopkins, Janvary and Ward. NAYE: Aldermen 0rr, Puttick and Sherat. No, 117 - Niagara Falls Brewing Company - Re: City Logo. The communication requests the permission of Council to use the City's Logo on one of the Brewing Company's products. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be denied. Following a discussion regarding prior use of a similar logo by the Economic Development Agency, it was moved by Alderman Ward, seconded by Alderman Puttick, that the matter be tabled for one week for clarification. The motion Carrie__~dwith the following vote: AYE: Aldermen Cowan, Cummings, Harrington Hopkins, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman Chessman. No. 118 - Regional Niagara Chief Administrative Officer - Re: Peninsula GIS Group. The communication attaches a Distribution List and Questionnaire in order to assist in determining membership on the Management Group which will direct the feasibility study and overall programm implementation of a peninsula wide geographical information system (GIS). ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be referred to Staff. Carried Unanimously. No. 119 - Niagara Home Builders' Association - Re: Development Charge Act. The communication requests Council's support in opposing the Act which would permit local Municipalities and School Boards to levy developers and builders of new homes and apartments for up to 100% of the Municipal share of the cost for new school construction. Alderman Chessman declared a conflict of interest because he is employed by the Board of Education. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council support the position taken by the Home Builders' Association to oppose the Act. The motion Carried with Alderman Chessman abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 120 - Betty Morden- Re: Niagara Palls Public Library. The communication expresses support of the Niagara Falls Public Library, and protests the decision of Council to lower the gcant to the Library. Alderman Chessman declared a conflict of interest because his wife is employed by the Board. ORDERED on the motion of Alderman Cummingss seconded by Alderman Orr, that the communication be referred to the final Budget deliberations. The motion . Carried with Alderman Chessman abstaining from the vote on a conflict of interest previously recordads and with all others voting in fayour, REPORTS a)-89-14 - Chief Adsinistrative Officer - Re: Surplus Hydro Property Between Moatrose Road and Queen Elizabeth Way. The report recommends that Ontario Hydro be advised that the City of Niagara Falls has no concerns with the proposed sale of a surplus parcel of property located between Moatrose Koad and the Queen Elizabeth Way. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Cummlngs~ that -the report be received and adopted, Carried Unanimously, - 5- R-89-08 - Chief Administrative Officer - Re: Firehall Theatre. The report recommends that Council approve, in principle, the renovations to the Firehall Theatre, and further approve an application to the Ministry of Culture and Communications, cultural facilities improvement program, for financial assist- ance regarding renovations to the Firehall Theatre. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. B-89-09 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Two Storey Commercial Building; S/S Thorold Stone Road, Lot 17, Plan 200 A-19/85. 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 1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 2nd, 1989, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimousiy. B-89-10 - Chief Administrative Officer - Re: Appointment of Camping & Trailer Camp Inspectors. The report recommends that the resolution on tonight's agenda to appoint Mr. Wayne Allan, Mr. Ronald Waters and Mr. Jack Milne as Camping Establishment and Trailer Camp Inspectors, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. NM-89-29 - Chief Administrative Officer - Re: Residential Packer No. 337; Fire Damages, January 26, 1989. The report recommends the following: 1) That Staff be authorized to purchase a replacement 1988 model SHU-PAK one man side loading residential packer from Amertek Incorporated for the total sum of $99,543.60, including P.S.T.; and 2) That Staff be authorized to transfer the sum of $36,913.32 ($37,000.00) from the Equipment Reserve Fund to support the insurance settlement for the purchase of the residential packer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. F-89-13 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $473,090,29 for the period ending March 6th, 1989 be approved by the passing of the by-law appearing later on the agenda, Alderman Harrington declared a conflict of interest on Cheque Nos. 39822 and 39864 because she is associated with the organization. Alderman Ward declared a conflict of interest on Cheque No. 39913 because · he has a business interest, Additional information was provided on Cheque Nos. 39860 and 39909. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Herrington and Ward abstaining from the vote on Cheque Nos.~39864 and 39913 respectively, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on Cheque No. 39899; and with all others voting in layout. See B~-law No. 89-64, S-89-06 - Chief Administrative Officer - Re: Agreement between P.R.F. Inc. and the City - Thorold Stone Nell Expansion; AND Proposed Land Exchange for St. Nary's Street Extension. The report recommends the following: 1) That Council hear, at tonight's meeting, any person who claims that his or her land will be preJudicially affected by the following two proposed by-laws and who applies to be heardz -6- (a) A by-law to stop up and close and to authorize the sale and conveyance of land acquired for road purposes; (b) A by-law to establish and lay out certain lands as a public highway; 2) That Council also hear, at tonight's meeting, any person who claims that he or she will be adversely affected by the proposed by-law to change the name of Natland Avenue on Registered Plan N-33 to St. Mary's Street and applies to be heard; 3) That if there are no claims referred to in recommendation Nos. 1 and 2, the Council pass the three by-laws listed on tontght's agerids; 4) That Council also pass the resolution appearing on tonight's agerids to authorize an application to the Minister of Municipal Affairs for approval of the by-law to establish and lay out the lands for the St. Mary's Street extension. Following a brief discussion, it was moved by Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 21. See By-law No. 89-59, By-law No. 89-60, and By-law No. 89-61. CD-89-13 - Chief Administrative Officer - Re: AH-29/88, Restricted Area By-law No. 88-291, 414878 Ontario Limited, North Side of Spring Street. The report recommends that Council reaffirm its approval of By-law No. 88-291 in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the by-law and letter of objection to the Board with the request for a hearing. Alderman Sherat declared a conflict of interest because he was a member of the Committee of Adjustment at the time of the hearing. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Sherat abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. O-89-1A - Chief Adainistrative Officer - Re: Bill 187, Police & Sheriffs Statutory Law Amendments Act. The report recommends that the City of Niagara Falls express to the Premier of Ontario its strong objections to the transfer of responsibilities as proposed by Bill 187s without providing corresponding funding to cover the cost of the additional responsibilities. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherat, that the recommendation be amended to read: "That the City of Niagara Falls express to the Premier of Ontario its strong objections to the transfer of responsibilities as proposed by Bill 187". The motion Carried with the following vote: AYE: Aldermen Chessman, Gowan, Barrington, Hopkins, Janvary~ Orrs Putticks Sherat and Ward. NAYE: Aldermen Cummings, RESOLUTIONS No. 18 - ClIEESNAN - C~MMIN~S - RESOLVED that %~tEREAS the City of Niagara Falls has constructed a sanitary sewage pumping station to serve the drainage area of MewburnRoad from Schofield Road to Mountain Road; AND ~HEREAS the pumpiu~ station is now fully operational and in accordance with Regional policy; NOW BE IT THEREFORE RESOLVED that the Regional Municipality of Niagara be requested to assume o~nership and operation of the Mewburn Road Pumping Station; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -7 - No. 19 - (IIEESNAN - CIff~tlN~S - RESOLVED that Mr. Wayne Allan, Mr. Ronald Waters and Mr. Jack Milne are hereby designated as the Camping Establishment and Trailer Camp Inspectors to inspect Camping Establishments and Trailer Camps and carry out any other duties required of the Camping Establishment and Trailer Camp Inspectors, in accordance with and as required by the provisions of By-law No. 76-102 as amended, and further, that the Camping Establishment and Trailer Camp Inspectors may authorize any employee of the Corporation to exercise, on his behalf, any powers or duties required by the Camping Establishment and Trailer Park Inspectors under the aforementioned By-law; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 20 - CHEESMAN - ~I~II~S - RESOLVED that Niagara Falls City Council support the proposal by Bell Canada to change the telephone numbers of all Niagara Falls residents presently served by the Welland exchange, to the Port Robinson exchange, subject to CRTC approval; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl . No. 21 - ~O]~4II~S - ORR- RESOLVED that the Corporation of the City of Niagara Falls make application to the Minister of Municipal Affairs for approval of a by-law to establish and lay out the lands for the St. Mary's Street extension; AND the Seal of the Corporation be hereto affixed. Carried Unanimously_Z-. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-57 - A by-law to amend By-law No. 79-200, as amended. (AM-50/88, 743211 Ontario Inc., M. Carluccio; Pt. Township Lot 188; PD-89-11 approved by Council January 16, 1989). No. 89-58 - 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-50/88, 743211 Ontario Inc., M. Carluccio). No. 89-59 - A by-law to stop up and close and to authorize the sale and conveyance of land acquired for road purposes. No. 89-60 - A by-law to establish and lay out certain lands as a public highway. 89-61 - A by-law to change the name of Marland Avenue on Registered Plan M-33 to St. Mary's Street. No. 89-62 - A by-law to authorize a release and abandonment of easement. 89-63 - A by-law to allow the maintaining and using of a building which encroaches on Morrison Street. No, 89-64 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington and Ward abstaining from the vote on By-law No. 89-64, on conflicts of interest previously recorded under Report No. F-89-13; with Alderman Hopkins voting contrary on By-law No. 89-64 as previously recorded under Report No. F-89-13; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 89"57 - A by-law to amend By-law No. 79-200, as amended. No, 89-58 - 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 f~rction 4 O= subsection 5 of section 40 Of the Planning ACt, 8 - 8 - No. 89-59 - A by-law to stop up and close and to authorize the sale and conveyance of land acquired for road purposes. No. 89-60 - A by-law to establish and lay out certain lands as a public highway. No. 89-61 - A by-law to change the name of Marland Avenue on Registered Plan M-33 to St. Mary's Street. Ne. 89-62 - A by-law to authorize a release and abandonment of easement. No. 89-63 - A by-law to allow the maintaining and using of a building which encroaches on Morrison Street. No. 89-64 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Herrington and Ward abstaining from the vote on By-law No. ~'~7'~on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on By-law No. 89-64 as previously recorded; and with all others voting in fayour. NEW BUSINESS lTl~ OF ~OHCERH: Niagara Falls Ea~dfill Site - In response to questions raised by Alderman Ward, the Director of Municipal Works advised that a draft Certificate of Approval for extension of the City's Landfill Site had been received earlier today, and further, that this could be in effect within the month. He discussed the upcoming application for a "twenty-five year extension", to be forwarded to the Ministry of the Environment for consideration, and the procedure for locating a new site. Chappaws Flooding- Alderman Ward requested information regarding the promotion of the sewer technician, and expressed concern regarding action being taken on resolving the spring flooding in Chippawa. The Director of Municipal Works stated that a replacement was being recruited, and further, that a team of four Staff persons were working on the flooding problem. It was agreed that a Public Meeting would be scheduled as soon as possible, in order that concerned residents might receive an update report of action being taken concerning this matter. S~rplue City Lauds - Alderman Harrington requested that any surplus City land be considered for inclusion in lauds for affordable housing. .,, Late Reports - Alderman Harrington requested that all Staff reports of more than one page be provided to Council members at least 24 hours prior to the Council meeting. IT~ OF XHTEREST: Niagara Parks ComaissionMeetin~- Acting Mayor Campbell advised that a meeting had been scheduled between the Niagara Parks Commission and City Council, to be held prior to the Council meeting on April 3rd, 1989, at Oak Hall. It was moved by Alderman Cummings, seconded by Alderman Chessman, that the meeting adjourn. Carried Unanimously. READ AND A -TED, ~CtERK FIFTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 March 13, 1989 Council met on Monday, March 13th, 1989, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton and Aldermen Campbell and Cummings who were on vacation, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose Co report in open session. READ AND TED, · PLANNING/REGULAR MEETING ACTIN~ ~AO~ PAISLEY JANVARY Council Chambers March 13, 1989 Council met on Monday, March 13th, 1989, at 7:30 p.m. for the purpose of considering Planning and regular business. All members of Council, with the exception of His Worship Mayor Smeaton and Aldermen Campbell and Cummings who were absent on vacation, were present. Acting Mayor Paisley Janvary presided as Chairman. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the minutes of the meeting held March 6th, 1989, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS P1)-89-~8 - Chief Administrative Officer - Re: Zoning Amendment Application 'AM-4/89 St. Andrew's Niagara Housing Development Corporations Part Township Lot 62, East Side Montrose Road, South of Cardinal Drive, North of Thorold Stone Road. The report recommends the following: 1) That Council support the requested change in zoning to the Low Density, Grouped Multiple Dwellings Zone (R4), including a reduction to the parking requirements for seniors' apartments, end that the landscaping provision be provided at 50%; 2) That the applicant enter into a servicing agreement with the Municipality for the extension of services; 3) That matters respecting storm water retention, fencing and buffering, road widening requirements, entranceways, landscaping, sidewalks and boulevard treatment, be resolved to the City's and ReZion's satisfaction through the site plan approval process; 4) That a noise study be undertaken to the satisfaction of the Ministry of the Environment; 5) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 6) That the applicant and the Regional Municipality of Niagara be advised accordingly. - 2- - AND - CosmunleationNo- 121 - Regional Niagara plsnnl~ & Bevelopment Department - Re: preliminary Application AM-4/89, Senior Citizen Apartment, Moatrose Road, north of Thorold Stone Road. The communication supports the application, providing that issues with regard to the impact of noise from the Municipal services, and building and parking lot location and design are resolved; and supports the approval of Consent Application B122/g9 from the Land Division Committee. Acting Mayor Paisley Janvary declared the Public Meeting open and reviewed the procedure to be followed under the Planning Act, 1983. The Clerk advised that the lands were located on the east side of Moatrose Road, south of Cardinal Drive and north of Thorold Stone Road; that the applicant had requested the amendment of the Zoning By-law to permit the development of a 3 storey, 60 unit apartment building for senior citizens; and that the Notices of the Public Meeting were mailed to interested persons on February 9th, 1989. Acting Mayor Janvary received a positive response to her request for an indication of the presence of the applicant or his agent; and a positive response to her request for an indication of the presence of persons in fayour of, or opposed to the application. She 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. 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-89-45: Development proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. It was clarified that the completed project was for 60 units, and that the first stage was for 30 units. Mr. Brian McKeown, agent for the applicants, reviewed actions taken to date regarding this proposal; referred to the need for affordable housing, housing for physically handicapped persons and the study completed by the Social Planning Council; discussed the submission to, and subsequent approval of the Ministry of Housing. He reviewed the difficulty with respect to finding suitable lands, the soil tests and noise study taken on the subject lands, and the appropriateness of this property for the project. Mr. McKeown discussed the two stages of the development, as well as proposed parking for handicapped persons. Alderman Harrington declared a conflict of interest because she is a member of St. Andrew's Church. A discussion followed regarding required and projected parking spaces and an~icipated bus service. Since no further comments were forthcoming, Acting Mayor Janvary declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger~ that the report be received and adopted, and the application approved. The motion Carried with Alderman Harrington abstaining from the vote on a conflict of interest previously recorded, and with all others voting in layout. PI)-89-46 - Chief Administrative Officer - Re: Zoning Amendment Application A~-3/89 E. & P. Lachman, 5570 & 5578 Stanley Avenue. The report recommends the following -' 1) That Council support the requested change in zoning to Tourist Commercial (TC), including the modification to the maximum building height and that no parking be permitted within 3m (10 ft.) of the Buchanan Avenue road allowance; 2) That matters respecting storm water retention, fencing and buffering to protect adjacent residential lands, road widening requirements, entrance- ways, on-site traffic circulation and parking be resolved to the satisfact- ion. of the City and the Region through the site plan approval process; -3- 3) That a 1 metre (3 ft.) road widening strip be dedicated to the Regional Municipality of Niagara along the property's full frontage along Stanley Avenue (Regional Road 102); 4) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Co--unication No. 122 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-3/89, Proposed Motel; Stanley Avenue, north of North Street. The communication states that the Regional Planning Staff have no objections to the approval of this application. Acting Mayor Paisley Janvary declared the Public Meeting open and advised that the procedure be would similar to the previous application. The Clerk advised that the lands were located on the east side of Stanley Avenue, between North Street and Kitchener Street; stated that the Notices of the Public Meeting had veen mailed on February 9th, 1989; and that the applicants, Mr. and Mrs. R. Lachman, had requested that the Zoning By-law be amended to permit the construction of a 3 storey, 40 unit motel. Acting Mayor Janvary received a positive response to her request for an indication of the presence of the applicant or his agent; and a negative response to her request for an indication of the presence of persons in favour of, or opposed to the application. She 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. 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-89-42: 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 ingress and egress, as well as the proposed parking arrangements. There was a negative response to Acting Mayor Janvary's request for comments from persons in support of, or opposed to the application. Mr. Petsr J. Lesdow, Architect, expressed concern regarding the issue of the front yard setback from the centre line of Stanley Avenue. The Director of · Planning & Development stated that Mr. Lesdow had agreed with the recommenda- tions made to Council, and had agreed not to change the building setback. He further stated that the parking arrangements would be dealt with under the site plan. During the discussion, a concern was raised regarding bus parking. The Director of Planning & Development advised that the by-law makes no provision for bus parking, and further, that this issue should be considered in the future. Since no further comments were forthcoming, Acting Mayor Janvary 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-89-47 - Chief Administrative Officer - Rez AN-49/88 and O.P.A. No. 179, Tridea Properties, 6289-6311McLeod Road. The report recommends the following: 1) That Council not support the 0fficial Plan and Zoning By-law amendment applications to permit a 3 storey, 24 unit apartment building; 2) That the applicant be encouraged to explore alternative redevelopmerit opportunities for the subject lands in keeping with the guidelines and policies established within the Clty's Official Plan. ,] -4- - AND - Cos~unication No. 123A - Regional Niagara plnnnin~ &Development Department - Re: preliminary Application AM-49/88, proposed Apartment; McLeod Road, east of Heximer Avenue. The communication states that the Regional planning Staff supports the development of the frontages along this section of McLeod Road for lower density multiple family dwellings; but questions whether the increased densities and the reduced landscaping would be desirable for this site. - AND - Co~sunication No. 123B - Karat & Wayne Walker - Re: Zoning Amendment Application AM-49/88, 6289-6311 McLeod Road. The communication expresses opposition to the application because of increased traffic, noise, etc. Acting Mayor Paisley Janvary declared the Public Meeting open and stated that the procedure would similar to the previous application- The Clerk advised that the lands were located on the north side of McLeod Road, known Municipally as 6289 and 6311McLeod Road; stated that the Notices of the Public Meeting had been mailed on February 9th, 1989, and that a notice was published in the local newspaper regarding the Official Plan Amendment, on February 10th, 1989. He further advised that the applicant was requesting an amendment to the Zoning By-law to permit the construction of a 3 storey, 24 unit walk-up apartment building on the subject lands. Acting Mayor Janvary received a positive response to her request for an indication of the presence of the applicant or his agent; and a positive response to her request for an indication of the presence of persons in favour of, or opposed to the application. She 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. 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-89-43: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. The Planning Department does not recom- mend approval of the application as the amendments do not conform with the intent at the Official Plan and do not adequately address the provisions of the Zoning By-law. There was a negative response to Acting Mayor Janvary's request for comments from persons, other than the applicant and his agent, in favour of the application. The following persons were in attendance to express their concerns regarding the depth of the property, rear yard flooding and the need for catch basins and fencing, high density, increased traffic congestion' and parking requirements, as well as the difficulty in obtaining living accommodation: Karl Dahms, 6321McLeod Road; Pred Martin, 6312 Hawkins Street; Ken Mitchell, 6361 McLeod Road, and others. Ms. Linda Astle, Planner for Proctor & Redfern, and representing the developer, discussed the proposal, stated that a legal survey indicated a property depth of 196 ft., that the developer wished to construct a 3 storey walk-up apartment with 24 units and had requested an increase in density. She stated that the proposed increase was being achieved through a reduction in unit sizes stressed the need for affordable housing, and that because the units were smaller than standard, the fees charged would be lower. Ms. Astle discussed the amenities in the area. She advised that the developer was willing to reduce the number of units to 20, and that a new concept plan has been drafted~ indicating that parking requirements would be met, 38% landscaping area and 10 ft. buffer areas on the east and west sides of the property. A discussion followed regardin~ square feet per unit, total stareye allowable under the Official Plan, additional landscaping and parking. It was noted that fencing and other concerns would be addressed under the site planning process. Since no further coaments were forthcoming, Acting Mayor Janvary declared tho Public Meeting closed. ORDERED on the motion of Alderman Minsperger, seconded by Aldermen Sherat, that the report be received and adopted. The motion Carries with the followin~ vote| -5- AYE: NAYE: Aldermen Chessman, Cowan, Herrington, Hinsperger, Hopkins, Puttick, Shetar and Ward. Alderman Orr. UNFINISHED BUSINESS PUBLIC NEErING TO CONSIDER (}IANClNG FMMRY ST. TO L~NDY'S LANE - Report No. CD-89-15 - Chief Administrative Officer - Re: Public Meeting to Consider Changing the Name of Ferry Street to Lundy's Lane (COUNCIL 1988 10 03). The report recommends the following: 1) That Council hear all Members of Public in attendance either for or against the proposal; 2) That subject to the input received at this Public Meeting, the by-law on tonight's agenda be given three readings and be passed, and registered in the Registry Office for Niagara South. Mr. Vincent Pietrocarlo, Executive Motor Inn, was in attendance, and addressed Council on behalf of persons who had signed the petition. He requested that the name of Ferry Street be changed to Lundy's Lane, because of the confusion caused by the name Ferry Street to thousands of visitors, and because of lack of identity. He asked that the matter be postponed to a later date in order that all Council members might be present, and to allow for a formal request to the Police Department. Mr. Santa Sticca and Mr. Robert Mullet, Co-Chairmen of the Main & Ferry Business Association; Mr. George Seibel, Niagara Falls Historian; Mrs. Diane Canham, China Centre on Ferry Street; Mr. S.L. Zavitz, Chairman of Lundy's Lane Board of Museums and Lundy's Lane Historical Society; Ms. Lynn Valiquette, Chairman, Niagara West Tourist Association; end Mr. Joe Montgomery, an interested citizen and former Industrial Commissioner, Niagara Fmlls Business & Industrial Growth Agency; opposed the changing of Ferry Street to another name, and discussed concerns regarding the requested name change in terms of funds expanded to highlight the area; the Business Association's name change to the Main & Ferry Business Association, representing 100 stores and services which unanimously opposed the requested change because it would cause confusion to local residents. The historical significance of this and four other roads in Niagara Falls was discussed, recognition of the name Ferry Street by tourists, and the need to develop the street using an historical context, as well as the need for additional double-name signing. It was further suggested that the petitioners were unaware of what had been requested on the petition; that thousands of dollars had been spent over the years to promote Ferry Street, end that it would be costly to change brochures, letterhead and envelopes to a new name. It was pointed out that there was a need to sell the historical significance of areas in the City. ORDERED on the motion of Alderman Hopkins, seconded by Alderman art, that the report be received and the request to change the name of Ferry Street be denied. It was further recommended that the matter be referred to Staff for signing and promotion of the area. Carried Unanimously. NIAGARA FALLS BRI~NG CONPANY/CITY LOGO - Report Ha. 0-89-15 - Chief AdMnistrative Officer - Re: Request of Niagara Falls Brewing Company (COUNCIL 1989 03 06). The report recommends that, in response to their recent request, the Niagara Falls Brewing Company be asked to consider the use of the attached graphic symbol on their product rather than the City of Niagara Falls' logo. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that the report be received and adopted· Carried Unanimously. L TOMN OF DUNDAN ~ESOLUTION/LANDFILLING IN QUARRIES ALONG NIAGARA ESCARPHENT - Report No. PD-89-49 - Environmental Pla-ain~ & Creenin~ Cos~ittee - Rez Town of Dundes Resolution Regarding Lendfilling in Quarries Along the Niagara Escarpment (COUNCIL 1989 01 23). The report recommends the followings 1) That Council adopt the attached Resolution; 2) That the Resolution be submitted to the Ontario Minister of the Environment; and i -6- 3) That copies of the Resolution be forwarded to the Town of Dundam. It was requested that recommendation No. 2 be amended to include the submission of the Resolution to the Ontario Minister of the Environment, the Ninister of Natural Resources, A.M.O., and the Niagara peninsula Conservation Authority, It was further requested that the last paragraph of the Resolution be amended to delete the word, "etc.". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr~ that the amended report be received and adopted. Carried UnanimouslY. See Resolution No. 22. COMMUNICATIONS · - F(I~- Re: 52nd Annual Conference - Vancouver, June 9th to 12th~ No 124The communication attaches a preliminarY brochure and information regard- 9 198 · ing the above mentioned conference. ORDERED on the motion of Alderman puttick, seconded by Alderman Orr, that the communication be received and filed, and no one attend. Carried Unanimously. No. 125 - Regional Niagara Public Works Department - Re: Additional Sludge Transfer Facility to Service Port Waller, Port Dalhousie & the future Niagara- on-the-Lake Water pollution Control Plants Class Environmental Assessment. The communication provides information regarding a Public Information Centre at Port Robinson Community Centre, March 16th, 1989, 7:00 p.m. to 9:00 p.m. regarding the subject matter. ORDERED on the motion of Alderman Orr, seconded by Alderman Wards that the communication be referred to Staff. Carried Unanimously. No. 126 - Regional Niagara plnnniJXg & Development Department - Re: Environmental Assessment of a Proposed New Niagara River Hydro-Electric Generat- ing Station. The communication encloses report DPD 2448 regarding the subject matter. ORDERED ou the motion of Alderman Chessman, seconded by Alderman Cowan~ that the communication be received and filed. Carried Unanimously. No. 127 - Kiwanis Club of Stamford Ins, - Re: YWCA Request for Funds, The communication supports the request of the YWCA for City funding. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger~ that the communication be referred to the final 1989 Budget deliberations. Carried Unanimously. No. 128 - SitingTask Force - Re: Delegates to Regional Information Meetings. The communication invites Council to send two delegates to the meetings. ORDERED on the motion of Alderman Sherat, seconded by Alderman Orr~ that the communication be received and filed. Carried Unanimously. No. 129 - Ontario physiotherapy Association- Re: Announcement. The communication asks Council to announce March 19th to 25th, 1989, as "National physiotherapy Week". ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No, 130 - Frank Massurd, Royal CanadisnL~gion, Branch 51 - Re: Convention Reception. The communication expresses opposition to Couucil's decision not to host an opening reception. Alderman Ward declared a conflict of interest because he is a member of the organization, ORDERED on the motion of Alderman Sherat, seconded by Alderman puttick, that the communication be referred to final 1989 Budget deliberations. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interestp"'~ouslY recorded, and uith the following votex -7- AYE: Aldermen Cheesman, Harrington, Hinsperger, Hopkins, Orr, Puttick and Sherat. NAYE: Alderman Cowan. REPORTS B-89-11 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Addition to an Industrial Building, 7868 Oakwood Drive. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed industrial building, and the site plan being drawing Number 1 and filed with the Buildings & Inspections Department of the City of Niagara Falls on March 9th, 1989, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. S-89-07 - Chief Administrative Officer - Re: Quit Claim Deed in favour of Paul David Brooker and Karen Lynn Brooker, 6043 Prospect Street. The report recommends that the City execute a Quit Claim Deed in fayoar of Paul David Brooker and Karen Lynn Brookerj 6043 Prospect Street. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 89-68. O-89-13 - Chief Administrative Officer - Re: Sale of Lot 47, Plan 243, Falls Industrial Park. The report recommends the following: 1) That Council authorize the sale of Lot 47, Registered Plan 243, to 764337 Ontario Inc., at the purchase price of $207,800.00, subject to the Purchaser entering into the City's standard Agreement of Purchase and Sale; 2) That Council enact the by-law to authorize the sale of this lot. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-70. F-89-14 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling 89,145,110.02 for the period ending March 13th~ 1989, be approved by the passing of the by-law appearing later on the agenda. Acting Mayor Janvary declared a conflict of interest on Cheque Nos. 39950 and 40019 because she is employed by the Board. Alderman thee,man declared a conflict of interest on Cheque No. 39941 because he has a business interest; and on Cheque Nos. 39950 and 40019 because he is employed by the Board. Alderman Harrington declared a conflict of interest on Cheque Nos. 39950 and 40019 because her husband is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 39945 and 39946 because he has a monetarY interest, Alderman Ward declared a conflict of interest on Cheque No. 40105 because he has a business interest. Additional information was provided on Cheque No8. 39943, 40002, 40003 and 40043. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted· The motion Carried with Acting Hayor Janvary, and Aldermen Cheesman, Marrington, Minsperger and Ward abstaining from the vote on Cheque Nos. 39950, 40019, 39941, 39945, 39946 and 40105 on conflicts of interest previously recorded; with Alderman Orr voting contrary on Cheque Nos. 39944 and 40034; with Alderman Puttick votit~ contrary on Cheque No. 40034; and with all others voting in layout. See B~-law No. 89-71. P-89-05 - Chief Administrative Officer - Re: Amended Collective Agreement with Niagara Falls Professional Fire Fighters Association. The report, which was considered earlier in Committee of the Whole recommends the following: - 8 - 1) That Council ratify the amended Collective Agreement between the Corporation and the Niagara Falls professional Fire Fighters Association for 1989/90 by passing the by-law appearing on tonight's ageads; 2) That Council approve the attached Legal Services for Employees Policy for inclusion in the Corporation's Policy and procedural Manual. ORDERED on the motion of Alderman Chessman, seconded by Alderman err, that that the report be received and adopted. Carried UnanimouslY. See By-law No. 89-72. O-89-18 - Chief Administrative Officer - Re: proposed Strategic Planning Seminar. The report recommends that Council engage the services of the Ontario Municipal Management Institute to conduct a Strategic planning Seminar for the City of Niagara Falls. ORDERED on the motion of Alderman Ward, seconded by Alderman Herrington, that the report be received and adopted. The motion Carri~ with the following vote: AYE: Aldermen Chessman, Cowan, Harrtngton, Htnsperger, Hopkins and Ward. NAYE: Aldermen Orr, puttick and Sherat. RESOLUTION No, 22 - eRR- MARl}- RESOLVED that WHEREAS the City of Niagara Falls may have no choice but to use a licensed escarpment quarry for sanitary landfill; AND WHEREAS the City of Niagara Falls has experienced leachate contamination of the acquifer at the present landfill site on the escarpment; AND WHEREAS the City of Niagara Falls is concerned about the dangers of landfill in quarries on the escarpment; AND WHEREAS municipalities from across Ontario share concerns about future availability and adequacy of landfill sites and cannot solve these problems unassisted; NOW BE IT THEREFORE RESOLVED that the Minister of the Environment be urged to work with municipalities and the private sector to lead the way in developing innovative technology and alternative methods of disposal such as profitable recycling, temposting, and energy from waste; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: He. 89-65 - A by-law to amend By-law No. 79-200, as amended. (AM-42/88 J.B. Kendall, Pt. Twp. Lot 95; 5775, 5773, 5765 Morrison St.; Report pD-89-31 approved by Council 1989 02 13). Me. 89-66 - A byelaw 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-42/88). NO. 89-67 - A by-law to amend By-law No. 83-149, as amended, being a by-law to appoint Municipal law enforcement officers. No. 89-68 - A by-law to authorize the execution of a Quit Claim Deed. No. 89-69 - Withdrawn. No, 89-70 - A by-law to authorize the sale of land in the Falls Industrial Park to 764337 Ontario Inc. No, 89-71 - A by-law to provide monies for general purposes. No, 88-Y2 - A by-law to authorize an agreement with Niagara Falls professional Fire Fighters Association. The motion Carried with Acting Hayor Janvary, and Aldermen Chessman, Herringtons Hinsperger and ward abstaining from the vote on By-law No, 89-71s on conflicts of interest previously recorded under Report No. F-89-14' with Aldermen 0rr and Puttick voting contrary on By-law No. 88-71 as previousl~ recorded under Report No. F-88-141 and with all others voting in fayour. ORDERED on the motion of Alderman errs seconded by Alderman Hlnspergers that the following by-laws be now read a second and third time: Me. 89-65 - A by-law to amend By-law No. 79-200, as amended. ,,.~9 -9- No. 89-66 - A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas without the approval of pIans and drawings otherwise required under sub,action 4 or sub,action 5 of section 40 of the Planning Act, 1983. No. 89-67 - No. 89-68 - No. 89-69 - A by-law to amend By-law No. 83-149, as amended, being a by-law to appoint Municipal law enforcement officers. A by-law to authorize the execution of a Quit Claim Deed. Withdrawn. No. 89-70 - A by-law to authorize the sale of land in the Falls Industrial Park to 764337 Ontario Inc. No, 89-71 - A by-law to provide monies for general purposes. No. 89-72 - A by-law to authorize an agreement with Niagara Falls Professional Fire Fighters Association. The motion Carried with Acting Mayor Janvary, and Aldermen Chessman, Harrtngton, Mtnsperger and Ward abstaining from the vote on By-law No. 89-71, on conflicts of interest previously recorded; with Alderman err and Puttick voting contrary on By-law No. 89-71 as previously recorded; and with all others voting in favour. NEW BUSINESS IT~ OF CONCERN: Condition - Le~is Avenue - Mrs. Raneta De Benedetti, 5717 Lewis Avenue, expressed concern regarding the condition of Lewis Avenue, and unsuccessful attempts to have the road improved. Acting Mayor Janvary stated that the matter would be referred to the Municipal Works Committee for consideration. FCM Com~unication/Cost-SharingProgram- Alderman Harrington referred to the Information to Council communication from FCM dated March 1, 1989, regarding a proposed Federal-Provincial-Municipal program of cost-sharing to rebuild the deteriorating Municipal infrastructure. ORDERED on the motion of Alderman Uarrington, seconded by Alderman Chessman, that the communication be referred to Mr. Rob Nicholson, M.P., with the request that he provide support of the program at the Federal Government level. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cowan, Harrington, Hopkins and Ward. NAYE: Aldermen Hinsperger, Orr, Puttick and Sherat. · rrel$ OF IBT!~ZST: Region Niagara Tourist Council Meeting- Alderman Harrington provided a report on the Tourist Council meeting held March 8ths 1989 at the Queen,ton Heights Restaurant, with Guest Speakers Doug Jackson from Festival Country, promoting the Southwest Region of Ontario. She stated that Jack McKernan of the Chamber of Commerce had been elected Secretary Treasurer. Council was advised that the Region Niagara Tourist Council had requested a greater involvement from the City. of Niagara Falls. Hastings - - Region Niagara Tourist Council meeting on Tuesday, March 14th, 1989 - to explain the report of the Social Assistance Review Committee - "Translations". - Visitor & Convention Bureau meetings Thursday, March 16th, 1989, Marts MathJason, Womm of tha Yaar, 1989 - Acting Mayor Janvary noted that a letter of appreciation had been received from Hiss Netta Mathieson. Chief Administrative Officer/Vacation- Acting Mayor Janvary indicated that the Chief Administrative Officer was going on vacation. - 10 - D~puty City Clerk/C~ngratnlati~ns ' Acting Mayor Janvary extended congratulations to Deputy Clerk, E.C. Wagg, on receiving his C.M.O. Certificate· It was moved by Alderman Puttick, seconded by Alderman Wards that the meeting adjourn. Carried Unanimously. READ AND AD PTED. , CITY CLERK SIXTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #i March 20, 1989 Council met on Monday, March 20th, 1989, at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cummings who was on vacation, were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open Council· READ AND ADOPTED REGULAR MEETING Council Chambers March 20, 1989 Council met on Monday, March 20th, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Cummings who was absent on vacation, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins offered the Opening Prayer. WELCOME NIAGARA FALLS AIR CADETS - Captain Larry WillJams and a number of representatives of the Niagara Falls Air Cadets were welcomed to the meeting. ADOPTION OF MINUTES Alderman Campbell declared a conflict of interest on Cheque No. 39944, under Report No. F-89-14, in the minutes of the Council Meeting held March 13th, 1989m because the organization is a client. Alderman Janvary advised that Alderman Hopkins had offered the Opening Prayer on March 13th, 1989; and further, that a complaint received from Mrs. Renata De Benedetti, Rena's Italian Restaurant, regarding the condition of Lewis Avenue, had been referred to Municipal Works· She asked that the minutes be amended to include the aforementioned information· ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherar~ that the minutes of the meeting held March 13th, 1989, be adopted as amended· Carried Unanimously· UNFINISHED BUSINESS SOCTAT. 1~I~ (~OUNCIL STUDY - 'TRANSITIONS' - CosmunieationNo. 131A - Nrs. Julie A. Darnay, RY_~eutive Director, Social Planning Council - Rez 'Transitions' Summary. The communication discusses the Soetal Assistance Review Committee (SARC) study entitled, 'Transitions', the similarity in findings between the SARC report and the poverty investigation of 1987, as well as the Project S.H.A.R.E. philosophy; refers to the community workshop on SARC held March 15th, 1989~ the proposed presentation of the report to the Chamber of Commerce, Visitor & Convention Bureau, and other business groups; and attaches a synopsis of the report's findings and recommendations.~ - AND - Cosmuni~atioc No. 131B - Alderman Herrington - Re: SARC Report. (COUNCIL 1989 03 06). The communication discusses the high rate of child abuse and poverty in Niagara Falls~ refers to the 'Transitions' report and recommended change in the Social Assistance system in Ontario; requests a brief from from the Social Planning Council and asks City Council to urge the Premier of Ontario to implement the first stage of the SARC report reaommendations. -2- -AND - Co--unication No, 131C -TheHunicilmlity of Hetropolitan Toronto - Re: The Community Services & Housing Committee - 'Transitions'. The communication attaches information regarding Metropolitan Toronto's response to the report of the Social Assistance Review Committee, expresses support in principle and includes recommendations* Mrs. Julie Daynay, Executive Director of the Social Plauniug Couucil, and Mrs. Amy Biguucolo, president of the Social Planntug Council's Board of Directors, were in atteudance. Mrs. Bignucolo reviewed serious taken regarding the *Trausitiona' report, provided background information regarding social assistance in the Proviuce of Ontario, and urged Council to eudorse the report. . Ms. Donna .Eberhardt, Ms. Joaune Hepburn and Mary Elleu Du Pon were granted permission to speak on the motion of Aldermau Cheesman, seconded by Alderman Hinsperger. They encouraged Council to pass phase sue of 'Transitions' in order to assist the working poor, elderly and handicapped persons to become self- reliant. ORDERED ou the motiou of Alderman Cheesman, seconded by Alderman Harrington, that the communications be received, the SARC report be endorsed and the provincial Government urged to proceed with the first stage of the report. The motion was amended on the motion of Aldermau Campbell, seconded by Aldermau Sherat, to iuclude the request that the Province provide the necessary funding to implement the recommendations in the SARC report. The amended motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Herrington, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. NAYE: Alderman Orr. Communication No. 132 - Charles Gill & Jolm Sibbald - Re: Bell Canada - Telephone Exchange Rates. (COUNCIL 1988 08 29). The communication requests permission to address Couucil and to present opposition to Bell Canada changing phone exchanges from Welland to Port Robinson. Alderman Hinsperger declared a conflict of interest because he has a monetary interest. The following concerned resideuts were tu attendance: Charles Gill, 13681 McEenuey Road, (R.R. No. 4, Welland); John Slbbald, R.R. No. 4, Welland; Doug Cowx, R.K. No. 4s Welland; John Ruicci, 8388 Netherby Road; Susan Schisler, R.R. No. i, Wellcud; John DeRuyte, R.R. No. I, Wellaud; Harry Sch~sler, R.K. No. l, Wellcud; and others. They expressed conceru that they had not been participauts 'in the discu881ou8 with Bell Cauada representatives regarding the chauge from Welland to Port Robiusou and lack of uotificatiou when the matter had been considered by City Council; that there mould be us advantage to a number of residents iu the affected area becau8e the change would not accommodate their nece88ary calls; and further, that exceptious were made for some residents. A petition was submitted with the names of 68 person8 opposed to the change. Nr. Domehie Paonessa, R.K, No. 1, Welland; and Suuday Henderson, 7739 Ridge Rd. (R.R. No. 4, Welland) stated that the vast majority of residents in the affected area were in fayour of the decision for a change, that flyers had been distributed; that the matter was publicized in the hem,paper in the area, as well as on the radio; and suggestions made that the residents who were opposing the change should make a resolution to the CRTC via Bell Canada, and 'contact the Councils in the area to voice their concerns and resolve the situation. Mrs. Marie Stastak, Staff Manager, and Hiss Susan Sproules Area Manager for Bell Canada, were in attendance. They responded to questions raised regarding the procedure for setting telephone tariffs and matching exchange houndaries, explained rules and regulations which must be adhered to by Bell Canada, discussed Extended Area Service (EAS), and advised that the CRTC had already been approached with a request to move the boundary as proposed by the majority of residents in the affected area of Wards 3 and 4. -3- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that the correspondence be received and the matter referred to Staff to contact Bell Canada, and submit a report to Council. The motion Carried with Alderman Htnsperger abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Chessman, Harrington, Hopkins, Janvary, Orr, Puttick and Ward. NAYE: Aldermen Campbell, Cowan and Sherat. DUMPING & TOP SOIL REMOVAL, UPPER'S LANE - Report No, PD-89-50 -- ~lief Administrative Officer - Re: Dumping & Top Soil Removal, Upper's Lane (COUNCIL 1988 11 28). The report recommends that Council consider the earlier Staff report, No. PD-89-33 dated 1989 02 06, and its recommendations. The Director of Municipal Works advised that Miss Jean Grandoni had been unable to attend this meeting, and had asked that the following information be conveyed to Council: If Council endorses the recommendation in the report and allows illegal use to continue, she is prepared to sue the City, because she feels the information is incorrect. Mr. J. Brugman, 6304 Ker Street, discussed the efforts he has made to clean up the litter, accumulated over many years by previous owners, on the property which he purchased two years ago; referred to improvements being made to his property; and asked permission to remove the balance of the aforementioned household rubbish to the City landfill site. Mr. Brugman provided information regarding the incident of the fire on his property, and his involvement with the Fire Department. The Director of Municipal Works agreed that something could be worked out with respect to receiving the rubbish at the landfill site. Brugman further discussed the parking of a truck on his property, and was advised that the storing of commercial vehicles on his property was an incorrect use of rural land. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that the reports be received and adopted. Carried Unanimously~ (~0NPLATt*Fr BY RESIDENTS OF CRYSLER AVENUE & PARK STREET - Report No. (}-89-16 - Chief Administrative Officer - Re: Complaint by Residents of Crysler Avenue and Park Street (COUNCIL 1988 12 19). The report .provides information regarding action taken with respect to the subject matter, states that the Niagara Regional Police Force had been asked to investigate the prostitution problem, that a Staff investigation had not confirmed the illegal parking of trucks, and recommends that the information contained in the report be noted and the report received and filed. Mr. Luigi Pullano, 4547 Crysler Avenue, was in attendance to again express his concerns regarding prostitution in the area, and suggested that he might contact a lawyers and contact the Federal Government with respect to the prostitution problem which is still present. During the discussion, it was suggested that the Social Planning Council iuvestigate the problem and submit suggestions for a resolution to the situation. ORDERED on the motion of Alderman Putticks seconded by Alderman Hiusperger, that the report be received and adopted. Following further discussion, it was moved by Alderman Harrington, seconded by Alderman Orr, that the matter be tabled in order that the attachment, referred to in the report, might be submitted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cowan, Harrington, llinsperger, Hopkins, Janvary, Orr, Puttick, Sherat and ~ard. AldermanChessman. -4- FRZFMRKEDRYDRO RATES FOR NORTHERN NUNICIPALITIBE - Report No. C-89-17 - Chief Adsinistrative Officer - Re: Preferred Hydro Rates for Northern Municipalities. The report advises that the request of the Northern Hunicipelities for preferred hydro rates had been rejected by the Association, and recommends that the information be noted and the report received and filed. ORDERED ou the motion of Alderman Orrs seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS · o. 133 - City of Etobicoke- Re: Young Offenders Act. The communication asks Council to support a resolution requesting the Prime Minister and Solicitor General of Canada, to undertake a major review of the Youug Offenders Act. ORDERED on the motion of Alderman Orr, seconded by Alderman Jauvary, that the resolution be supported. Carried Unanimously. No. 13~ - Niagara Wosen in Crisis - Re: "Book Riot" - Skylea Tower, May 17th to 22nd, 1989. The communication requests permission to hang a banner across Stanley Avenue. ORDERED on the motion of Alderman Janvary, seconded by Alderman errs that the request be approved subject to the approval of the Regional Municipality of Niagara and the Niagara Falls Hydro Commission. Carried Unanimously. No. 135 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality, Monthly Report for January 1989. The communication attaches Report DEP-2911 for the information of Council. ORDERED ou the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. No. 136 - Pater D.A. Warwick, Niagara Representative, Transport 2000 Ontario - Re: VIA Rail Canada. The communication asks Council to support action to save the passenger train service, and to contact the Federal and Provincial Governments regarding the issue. ORDERED on the motion of Alderman Marringtoni seconded by Alderman Ward, that the Regional Director of VIA Rail be invited to attend e Council meeting for a discussion of correspoudeuce end concerns, and further, that the communication be forwarded to the local Member of Parliament with a request for support. Carried Unanimously. No, 137 - Nrs. W.A.R. Lo~e - Re: YWCA Funding. The communication expresses support of the YWCA request for $130,000.00 from the City. ORDERED on the motion of Alderman Orr, seconded by Alderman Hiuspergers that the communication be referred to the final 1989 Budget deliberations. Carried Unanimously. Me. 138 - Regional Niagara Childrenes Services Committee- Re: 1989 Operating Grant Request - YWCA of Niagara Falls. The communication urges Council to consider the request of the YWCA for funding, ORDERED on the motion of Alderman err, seconded by Alderman Minspergers that the communication be referred to the final 1989 Budget deliberations. Carried Unanimously. No. 139 - Canadian Cancer Society - Re: Proclamation. The communication asks Council to proclaim the month of April 1989 as '*Cancer Month", and asking that their flag be raised by City Staff to fly at City Hall during April. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the requests be approved subject to established policy. Carried Unanimously. Me. 140 - CollaenXsrshsw, President, MisSera Fails Olmnastie Club- Re: BlaSe Liceace Policies. The communication asks Council to reconsider its decision-of June 22ads 1987, regarding a weekly hinge licenceo - 5- Alderman Ward declared a conflict of interest because he is a member of an organization which conducts bingos. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the matter be referred to Staff for a full report. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. NI - The Canadian Tribute to Human Rights - Re: Monument. (COUNCIL 1989 01 09). The communication asks that the City participate in the program. ORDERED on the motion of Alderman err, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously_:.. No. 142 (HA~UT) - Kinsmen Club of Niagara Falls - Re: "Mini-Putt Tavern Tour". The communication invites Council and Staff to participate on April 2ud, 1989. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. Z-· No. 143 (HANDOUT) - City of Niagara Falls Non-Profit Rousing Corporation- Re: Non-Profit Housing Board. The communication invites Council to attend the next Board Meeting, on April 4th, 1989, to exchange ideas and to receive an update on activities and future projects. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously.~. REPORTS B-89-12 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for February 1989. The report provides information regarding Permits Issued and Highlights for February 1989, as well as March Proposals, and recommends that the report be received and filed. Staff was commended for the report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. R-89-10 - ~rontion Commission- Re: Ice Boards Stamford Memorial Arena. The report recommends that Council agree in principle to authorize the Stamford Figure Skating Club to advertise on the Stamford Arena Ice Boards, pending a detailed report from Staff. -ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Cowan, Hopkins, Janvary, err, Puttick and Ward. NAYE: Aldermen Campbell, Herringtons Minsperger and Sherat. R-89-11 - Chief Administrative Officer - Re: Ministry of TourJam & Recreation Grant - Coronation Recreation Centre. The report recommends that Council approve the resolution appearing on this eveningJs agenda confirming that the City will proceed with renovations to the Coronation Recreation Centre. ORDERED ou the motion of Alderman Chessmen, seconded by Alderman Hinspergers that the report be received and adopted. Carried Unanimously. 0-89-10 - Chief Adalnistrative Officer - Re: Part of Lot 53, Plan 243, Designated as Part 1, Plan 59R-4981, Falls Industrial Park. The report recommends that Council authorize the sale of Part of Lot 53s Registered Plan 243, designated as Part I on Reference Plan 59R-4981, to Vann Outdoor Advertis- ing at the price of $36,600,00 subject to the purchasers entering into an Agreement of Purchase and Sales and that Council enact the by-law to authorize the sale of this lot. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowarts that the report be received and adopted, The motion Carried with the following vote: AYE: Aldermen Campbell, Chessmans CowanN Hinspergers Hopkinss Janvary, Orr, Putticks Sherat and Ward. MAYEr Alderman Herrington. See BT-law No. 89-78. -6- MW-89-38 - Chief Administrative Officer - Re: Encroachment Onto a City Easement, Lot 17, R.P. M-124; 4849 Tara Avenue. 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 Hopkins, that the report be received and adopted. Carried Unanimously. Mg-89-39 - Chief Administrative Officer - Re: Encroachment Onto a City Easement, Lot 27, R.P. M-129 - Fieldstone Avenue - Mr. & Mrs. Palermo. 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 tlderman Chessman, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. Hg-89-40 - Chief Adainistrative Officer - Re: Encroachment Onto a City Easement, Lot 21~ R.P. M-129 - Swan Street. 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 Hopkins, that the report be received and adopted. Carried Unanimously. MW-89-42 - MunicipalWorks COmmittee - Re: Committee Reports. The report recommends that City Council permit the formation of an AD-MOC Committee to deal with the following Mandate; 1) To develop better waste management and recycling procedures in the City of Niagara Falls; and 2) To oversee and ensure the proper management and development of policies for the landfill site (in light of the 18 month Emergency Certificate of Approval for the City's Mountain Road Landfill Site). ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted, and Alderman Ward be appointed Chairman of the Committee. Carried Unanimously. NM-89-~3 - Chief Administrative Officer - Re: Program of Proposed Expenditures for Highway Improvements for the Year 1989 - Ministry of Transport- ation Form MR-A-16. The report recommends that the Program of Proposed Expenditures for Highway Improvements for the year 1989, dated March 20, 1989, be adopted as presented in the tots1 estimated amount of $6,009,000.00, with an estimated subsidy of $2,560,000.00. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. NW-89-44 - Chief Administrative Officer - Re: 1989 Tender for Extermination of Rats, Groundhogs, Skunks & Bees. The report recommends that the tender of Niagara Pest Control in the amount of $5,760.00 for the elimination of rats~ groundhogs, skunks, and bees, commencing April 1, 1989, be accepted. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with the followin~ vote: AYE: Aldermen Campbell, Chessman, COwan, Harrington, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. NAYE: Alderman Janvary. Resolution No. 25. See By-law No. 89-74. h~g-89-4J - Chief Administratiwe Officer - Re: 1989 Tender for Equipment Rental - Landfill Site. The report recommends that JCJ Contractin~ he awarded the tender for the rental of one crawlet bulldozer at $32.60 per hour and one · crawlet loader at $32.60 per hour. ORDERED on the motion of Alderman COwan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Resolution No. 26. See By-law No. 89-75. -7- MW-89-46 - Municipal Works Committee - Re: Committee Report: Hydrogeological Studies for the Environmental Assessment Board Hearing on Expansion of Mountain Road Landfill Site. The report recommends that Morrison Bentry Limited be engaged to complete the necessary Hydrogeologic Studies for the Environmental Assessment Board Hearing on the expansion of the Mountain Road Landfill at an estimated cost of $146,000.00 ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimousl~. NW-89-47 - Chief Administrative Officer - Re: Tender for Hydraulic Cleaning of Sewers and Culverts. The report recommends that the tender submitted by Bob Robinson & Son Construction for the Hydraulic Cleaning of Sewers and Culverts, be accepted. ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. See Resolution No. 27. See By-law No. 89-76. MW-89-48 - Chief Administrative Officer - Re: 1989 Tender for T.V. Inspection of Sewers. The report recommends that the tender submitted by Trams- Video Inspection Ltd.~ for the Television Inspection of Sewers, be accepted. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Cowan, that the report be received and adapted. Carried Unanimously. See Resolution No. 28. See BF-law No. 89-77. MW-89-50 (HANDOUT) - Chief Administrative Officer - Re: Tree Branch Pickup. The report recommends that this advisory 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. F-89-15 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $697,120.58 for the period ending March 20th, 1989, be mpproved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 40156 because he has a business interest. Alderman Hinsperger declared a conflict of interest on Cheque No. 40161 because he has a monetary interest. Alderman Ward declared a conflict of interest on Cheque No. 40261 because he has a business relationship. : Additional information was provided on Cheque Nos. 40222 and 40301. ,. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with A1;dermen Chessman, ~ Hinsperger and Ward abstaining from the vote on Cheque Nos. 40156, 40161 and · 40261 respectively, on conflicts of interest previously recorded; and with all t others voting in fayour. See BF-law No. 89-80. F-89-06 - Chief Administrative Officer - Re: John Collucci, Ontario Human Rights Code Complaint. This report which was considered earlier this evenin~ in Committee of the Whole, recommends that Council approve the re-employment of John Collucci for the period of March 27, 1989, to August 31, 1989. ORDERED on the motion of Alderman Janvary, seconded by Alderman ltinsperger, that the report be received and adopted. The motion Carried with the followin~ vote: AYE: Aldermen Campbell, Cheesman, Cowan, Harrington, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. NAYE| Alderman Orr. -8- RESOLUTIONS No, 23 - C~EESMAN - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late R. Tod Billingsley, President of the Board of Directors, Economic Development Agency, a well known and highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 24 - JANrACY - HINSP~nmgR- RESOLVED that the Council of the City of Niagara Falls does hereby support an application to the Ministry of Tourjam and Recreation for financial assistance towards the cost of renovations to the Coronation Recreation Centre, according to the "Terms and Conditions of the Application Grant Program"; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 25 - HINSPE~EI- COWAN- RESOLVED that the untt prices submitted by Niagara Pest Control for the 1989 Tender for Extermination of Rats, Groundhogs, Skunks and Bees, at the low tendered amount of $5,760.00, 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. 26 - COWAN - HIMSPritES- RESOLVED that the unit prices submitted by J.C.J. Contracting for the 1989 Tender for Equipment Rental at the Landfill Site, of one crawlet bulldozer at $32.60 per hour, and one crawlet loader at $32.60 per hour, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 27 - COWAN - S!tE~- RESOLVED that the unit prices submitted by Bob Robinson & Son Construction, for the 1989 Tender for Hydraulic Cleaning of Sewers and Culverts at the low tendered amount of $17,650.00, be accepted; the Seal of the Corporation be hereto affixed. Carried Unanimously. AND No. 28 -HINSP~cE~- COWAN- RESOLVED that the unit prices submitted by Trans-Video Inspection Ltd., for the 1989 Tender for T.V. Inspection of Sewers, at the low tendered amount of $31,720.00, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: ~ No, 89-?3 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (OPA No. 178, AM-52/88, Brian Sterritt; s/s McLeod Road). No. 89-74 - A by-law to authorize the execution of an agreement with NIagara Pest Control Ltd. for rodent control services. No. 89-?5 - 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 Cltyts Sanitary Landfill Site. !io. 89-76 - A by-law to authorize the execution of an agreement with 284612 Ontario Limited c.o.b. as Bob Robinson & Son ConstruCtion for the hydraulic cleaning of sewers and culverts. · Ho. 89-77 - A by-law to authorize the execution of an agreement with Trans-Video Inspection Limited for the television inspection of sewers. No. 89-78 - A by-law to authorize the sale of land in the Falls Industrial Park to Larry Vann. 89-79 - A by-law to authorize a release and abandonment of easement. (Pt, 1s Ref, Plan 59R-6282 - Edward Bruce Arnold and Linda Arnold), -9 - No. 89-80 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law No. 89-741 with Alderman Herrington voting contrary on By-law No. 89-78; with Aldermen Cheesman, Hinsperger and Ward abstaining from the vote on By-law No. 89-80 as previously recorded under Report No. F-89-15; and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-?3 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 89-74 - A by-law to authorize the execution of an agreement with Niagara Pest Control Ltd. for rodent control services. No. 89-75 - 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. No. 89-76 - A by-law to authorize the execution of an agreement with 284612 Ontario Limited c.o.b. as Bob Robinson & Son Construction for the hydraulic cleaning of sewers and culverts. No. 89-77 - A by-law to authorize the execution of an agreement with Trans-Video Inspection Limited for the television inspection of sewers. No. 89-78 - A by-law to authorize the sale of land in the Falls Industrial Park to Larry Vann. No. 89-79 - A by-law to authorize a release and abandonment of easement. No. 89-80 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law No. 89-74; with Alderman Herrington voting contrary on By-law No. 89-78; with Aldermen Chessman, Htnsperger and Ward abstaining from the vote on By-law No. 89-80 on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITI~S OF Furnishings - Reception Offices of Hayor & Administration- Alderman Janvary initiated a discussion regarding the above mentioned item which had been considered at the last meeting of Council. Mayor Smeaton stated that the cost of furnishings for the reception offices had been in the amount of $12,000.00s and the $4,000.00 balance had been used in other parts of City Hall. Hydrant Flags - Comer/Drummond Road & Balmoral Avenue - Alderman Campbell referred to a complaint he had recently received with regard to a child being injured by a flag placed on top of a fire hydrant in the above mentioned area. Alderman Janvary advised that the flags were placed to identify the fire hydrants during winter snow removal· His Worship Mayor Smeaton advised that this matter would be referred to Staff· GeleAT Contest Promotions - Alderman Herrington referred to a communication recently received from Glenn Timaks requesting the approval of Council to use the Niagara Falls name in the promotion of a Miss Swimwear Niagara Falls bikini contest· - 10 - ORDERED on the motion of Alderman Herrington, seconded by Alderman Campbell, that a communication be forwarded to Mr. Tfmak, advising that the City does not promote exploitation of women· Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Puttick, that the matter be tabled. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Hinsperger, Hopkins, Janvary, Orr, Puttick, Ward and Sherat. NAYE: Alderman Harrfngton. Appreciation - His Worship Mayor Smaaton expressed appreciation to Aldermen Campbell and Janvary for acting on his behalf, while he was absent on vacation. It was moved by Alderman meeting adjourn. READ AND ADOPTED, &. 'WAG Campbell~ s kl& A,, seconded by Alderman Hopkins, that the SEVENTEENTH MEETING SPECIAL MEETING April 3, 1989 Council met on Monday, April 3rd, 1989, at 6:15 p.m. in Oak Hall, with members of the Niagara Park Commission. All members of Council, with the exception of His Worship Mayor Smearart, and Aldermen Mtnsperger who was on vacation, and Alderman Orr, were present. "ONTARIO NIAGARA PARKS - PLANNING THE SECOND CENTURY" Ms. Pamela Vetrill Walker, Chairman, The Niagara Parks Commission welcomed the members of Council and City Staff to the meeting. She stated that The Niagara Parks Commission was established in 1885, with 12 Provincially appointed members, and four members nominated by the Region and confirmed by the Province. Ms. Vetrill Walker explained that, as Chairman, she was responsible to the Ministry of Tourism under a Memorandum of Understanding, and outlined the Commission's mandate, participation of the Province, as well as the Commission's relationship with the Region and local Municipalities. She reviewed activities and goals of the Commission, explained the distribution of revenues, as well as land owned by the Parks Couuntssion, and planning for adjacent lands. Ms. Vetrill Walker referred to the study completed by Moriyama & Teshima Planners Limited, entitled "Ontario Niagara Parks, Planning The Second Century", and the participation of area Municipalities~ relevant Ministries and the public. Mr. James Harris, Director of Planning, Niagara Parks Commission, provided an overview of the Moriyama/Teshtma report, and discussed a slide presentation of the area 100 years ago and proposed changes. Mr. Dennis Schafer, General Manager, Niagara Parks Commission, stated that free coupons would be available to local residents to give them the opportunity of vowing the Parks system prior to the season's opening. Me referfred to the proposed addition of two new bus units, a major fireworks display on Canada Day, the Great Gorge Adventure, a new service centre towards Chippawn, new irrigation system~ and major changes to old landmarks. Mr. Harris discussed the increased capacity of boats, the removal of the existing Princess Elizabeth building and construction of a new structure below ground level. He submitted slides, and discussed a model of the proposed structure, pedestrian walkways, diverted Niagara Parkway, new access to scenic tunnels, reorganized information centre, as well as a Hall. Mr. Harris advised that the design was a Joint venture by MacDonald & Zuberec and Colanna Associates, both of St. Catharines; and the Mall by Chapman Murray Associates of Niagara Falls. Me stated that construction would commence in September 1989, and the planned completion date being May 16th, 1990. Ms. Verrill Walker referred to the Niagara Transit system as "one of the finest transit systems in Ontario"; discussed the proposed extension to the Niagara Aero Car; referred to the Gateway concept; and discussed long range plans with anticipated support from the local Municipalities and agencies. The meeting adjourned at 7:15 p.m. READ AND ADOPTED, ~, CITY CLERK EIGHTEENTH MEETING REGULAR MEETING Council Chambers April 3, 1989 Council met on Monday, April 3rd, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Hinsperger who was absent on vacation, were present. His Worshlp Mayor Smeaton presided as Chairman. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the minutes of the meeting held March 20th, 1989, be adopted as printed. Carried Unanimously. DEPUTATION BUglNESS PARK Mr. Dennis C. Szechy, P. Eng., Inducon Consultants, Mr. C. Chataway, Director of Economic Development, E.D.A., as well other representatives of Inducon Consultants and Acres International were in attendance. Aldermen Cummings and Sherat declared conflicts of interest because they are employed with Acres. Mr. Szechy discussed the following information contained in the Montrose Road Business Park Feasibility Study: acreage, zoning, environmental aspects, watercourse, engineering, cost benefits, and recommendations with respect to the City proceeding with the proposed Moatrose Business Park. He reviewed the economic impact, as well as the anticipated employment benefits and Municipal revenue, and advised that Inducon and Acres were satisfied with the feasibility of the project. Mr. Szechy responded to questions raised regarding the report. Mr. Chataway responded to questions raised regarding contacts with River Realty and nearby land owners. During the discussion, a letter was submitted by Alderman Puttick, dated April 14th, 1978 from Cambridge Leaseholds Limited, regarding a proposed residential development adjoining Niagara Square Shopping Centre, which he stated, had not been forwarded to Council. He asked that the communication be duplicated and distributed to Council members. Following further discussion, it was moved by Alderman Ward, seconded by 'Alderman Janvary, that the matter be referred to Staff and the Ad Hoc Committee for further action. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: NAYE| Aldermen Campbell, Cheesman, Cowan, Herrington, Hopkins, Janvary and Ward. Aldermen Orr and Puttick. UNFINISHED BUSINESS GALAXY CONTEST PROttOTIONS - Ms. Diana Cote, a Member of the Board of Directors, Niagara Regional Sexual Assault Centre (CARSA), expressed support of Alderman Harrington's position to deny the request from Galaxy Contest Promotions because of exploitation of women, and asked Council to deny the request. ORDERED on the motion of Alderman Cheesmans seconded by Alderman Cummings, that the request of Galaxy Contest Promotions be denied· Carried Unanimousl~. AH-15/88 IESTRI~ ~l~ei B"/-LAW NO, 88-208, FIREFIGh'~:E.r,S CLUB - Report No, C1)-89-17 - Chief Administrative Officer - Re: AM-15/88 Restricted Area By-law No, 88-208, Recognition of Firefighters Club in Zoning By-law and Additional Parking Facilities (COUNCIL 1989 09 12). The report recommends that the date of the Ontario Municipal Board Hearing be noted, and that this report be received and filed. -2- ORDERED on the motion of Alderman Chessman, seconded by Alderman Cowau, that the report be received and adopted. Carried Unanimously. ~dt-51/88, RESTRICTED AREA BY-LAW NO. 89-44, LARRY KEIGHAN/C~tARLES WOOD - Report No. CD-89-20 - Chief Adstnlstrative Officer - Re: AM-51/88 Restricted Area By-law No. 89-44, Larry Ketghan & Charles Wood (COUNCIL 1989 02 20). The report recommends that Council reaffirm its approval of By-law No. 89-44 in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the by-law and letter of objection to the Board with the request for a hearing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. ME~ORA~ OF UNPR'm-~TANDING FOR LAND USES ALONG THE NIARAGA PARKWAY - Report No. PD-89-54 - Chief Administrative Officer - Re: Memorandum of Understanding for Land Uses Along the Niagara Parkway (COUNCIL 1989 03 06). report recommends the following: 1) 2) The That the Memorandum of Understanding, as submitted by the Ministry of Municipal Affairs, be endorsed by Council and that the by-law to authorize the City's execution thereof be passed; That Staff be authorized to initiate a planning process, including the procurement of financial assistance from Provincial Departments and agencies, for the updating of Official Plan poIicies and zoning by-laws in accordance with the terms of the aforementioned agreement. His Worship Mayor Smeaton referred to the meeting held earlier this evening at Oak Hall between members of Council, members of the Niagara Parks Commission and City Staff, to discuss the "Ontario Nigara Parks Planning the Second Century", prepared for the Niagara Parks Commission by Moriyama & Teshima Planners Limited. His Worship Mayor Smeaton referred to the presence of Mr. James Harris, Director of Planning, Niagara Parks Commission, at the meeting, and discussed the plan as a cooperative effort between senior Covernment officials of Queen's Park, N.P.C. Staff, City Council, the Regional Municipality of Niagara representing involved agencies, City of Niagara Falls officials and other boundary lands. The Director of Planning & Development responded to questions raised with respect to implementation of the program, referred to Provincial concern that tourism development "be a positive growth industry" and their willingness to finance the programs. He advised that a further report woula be submitted by the Planning Department, in the near future, outlining terms of reference for future development in the City. Mr. Gordon Paul, President, Niagara Falls, Canada, Visitor & Convention Bureau, expressed interest in the implementation of the proposed plan, and requested that the private sector participate in the ongoing process. Following a lengthy discussion regarding details in the report, it was moved by Alderman Cummings, seconded by Alderman Chessman, that the matter be referred to Staff and the Solicitor for the submission of a report, including comments from private enterprise, in one month. The motion was Defeated with the following vote: AYE: NAYE: Aldermen Chessman, Cummings and Sherat. Aldermen Campbell, Cowan, Harrington, Hopkins, Janvary, Orr, Puttick and Ward. ORDERED on the motion of Alderman Herrington, seconded by Alderman Campbell, that the report be received and adopted· The motion Carried. with the following vote: AYE: Aldermen Campbell, Cowan, Chessman, Harrington, Hopkins, Janvary, Orr, Puttick and Ward. NAYE: Aldermen Cummings and Sherat. See By-law No. 89-71. - 3- PROeEI)URE FOR PRO(~%a~ATIONS - Report No. CD-89-18 - Chief Administrative Officer - Re: Procedure for Proclamations (COUNCIL 1989 02 27). The report recommends that the policy relating to Procedure for Proclamations, Section 200.27 of the Policy and Procedure Manual be amended as follows: 1) 2) That requests for proclamations will be presented to Council, subject to the requesting organization providing the appropriate wording and absorbing the cost of printing the proclamation in the local newspaper; That the City Clerk's Department will arrange for the proclamation to be published in the local newspaper; 3) That no proclamation will be approved which may be interpreted to be promoting any commercial or business venture. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. REPORT It was agreed that Report No. CD-89-19 be brought forward. (I)-89-19 - Chief Administrative Officer - Re: Proposed Plan of Subdivision Carol Extension; File No. 26T-88035; Owner: R. & L. Matovic. The report recommends that the City Clerk be authorized to process the application for the "Caroi Extension Subdivision" and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. - AND - Communication No. 144 - Vincent Barbarino - Re: Carol Subdivision Extension. The communication opposes the extension. His Worship Mayor Smeaton outlined the procedure for the Public Meeting to provide interested persons with an opportunity for public input. Mr. R.J. Matthews, O.L.S., representing the owners, explained the proposal to develop a plan of subdivision consisting of 14 lots for single family residential use and one block for a 15 unit apartment building and that the apartment would be no higher than 3 stories; and discussed a proposed right-of-way to Portage Road across Ontario Hydro lands, He responded to questions raised regarding the lands owned by Niagara-on-the-Lake, the width of the proposed road, and placement of the apartment building. Mr. William Roach, 5695 Hillcrest Crescent; Sharon Robertson, 5853 Hillcrest Crescent; Vincent Barbarino, 5751 Hillcrest Crescent; and Rocky Nell, 5799 Hillcrest Crescent, submitted a petition containing the names of 85 persons in opposition to the rezoning; and expressed concern regarding the placement of the apartment, its proximity to the railway and impact on adjoining lands, the inadequacy of access and anticipated traffic congestion, the possibility of the soil on the subject lands containing undesirable chemicals, suggested soil testing, referred to the possible inadequacy of hydro services, and to the hazardous condition of the railway bridge. It was pointed out that the current right-of-way was held by a 99 year lease. The Director of Planning & Development referred to an O.M.B. Hearing at which time the Board denied the residents access to Portage Road. Mr. Matthews indicated a willingness to meet with the concerned residents to resolve the concerns. Mayor Smeaton advised that the residents would be advised of the meeting. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that the report be received and the matter referred to the interested persons to discuss and submit a recommendation. Carried Unanimously. ***** His Worship Mayor Smeaton declared a five minute recess at 10:45 p.m. Following the recess, Council reconvened for the balance of the meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the meeting proceed past 11:00 p.m. Carried Unan~ -4- COMMUNICATIONS No. 145 - John Zxler, President, Zack's Famous Frozen Yogurt - Re: Store Opening - April 15th, 1989. The communication requests permission to fly the Zack's blimp over the store for the Grand Opening, ten day period, May 19th to 29th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be grented subject to receipt of a copy of insurance coverage, and the approval of the Ministry of Transport. Carried Unanimously. No. 146 - Harvey H. Fortester, Carnival Chairman, Stamford Centre Volunteer Yiremen*s Association - Re: Annual Carnival - June 14th to 17th, 1989. The communication requests permission to operate the Carnival, and to bring in L.E. Smith Rides and Concessions for the event. Alderman Cummings declared a conflict of interest because he is a member of the organization. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the requests be approved subject to receipt of a copy of insurance coverage. T~e motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 147 - Narg Nagy, Coordinator, Downtown Niagara Falls, Board of Management - Re: Spring Bonnet Parade - Saturday, April 29th, 1989. The communication requests a Parade Permit for the event, the temporary closure of the parade route to traffic, and use of Centennial Square. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the requests be approved. Carried Unanimously. No. 148 - Brian E. Crow, President & CE0, Ontario Motor C~ach Association- Re: VIA Rail Canada Inc. The communication refers to unfair competition from VIA and asks that the City consult with OMCA to understand the position of the bus industry before supporting VIA's position at the inquiry. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Cummings, Herrington, Hopkins, Janvary, Orr, Puttick and Ward. NAYE: Alderman Sherat. No. 149 - Dave Sherlock, Regional Manager, Market Developeen~ & Sales Support, VIA Ontario - Re: Inquiry by National Transportation Agency of Canada. The communication attaches an official notice of inquiry and advises that notice of -intention to participate in the inquiry must be indicated prior to March 23rd, 1989. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that the matter be tabled, pending a representative of VIA Ontario attending Council to discuss correspondence and concerns. Carried Unanimously. No. 150 -!larryN. Oakes, Chairsan, Clifton Hill Board of Management - Re.: Upgrading Sidewalk Areas - Oneida Lane and Clifton Hill/Falls Avenue Intersec- tion. The communication asks Council to support the project. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter be referred to Staff for consideration and report. Carried Unanimously. · o. 151 - The Niagara Peninsula Industry-Education Council - Re: Education Process for Youth in Niagara Peninsula - Second Annual Technical Competition. The communication requests a $50.00 contribution for the proSect. ORDERED on the motion of Alderman Campbell, seconded by Alderman Chessman, that the request for a $50.00 donation be approved. The motion Carried with the following vote: AYE, Aldermen Campbell, Chessman, Harrlngton, Hopkins, Janvary, Orr, Puttick and Ward. NAYEz Aldermen Cowan, Cummings and Sherat. 5 No, 152 - Chippawa Business Improvesent Area Association - Re: Proposed 1989 Budget. The communication request approval of a $15,000.00 grant. agreed that this communication be withdrawn from the agenda. It was No. 153 - B.I.L.D. Colittee - Re: Lot Grading and Drainage Policy. The communication asks Council to adopt the recommendation that the attached Lot Grading and Drainage Policy for subdivisions be approved and effective June 1st, 1989. ORDERED on the motion of Alderman Herrington, seconded by Alderman Chessman, that the communication be received and the recommendations be approved. Carried Unanimously. No, 154 - B,I.L.D. Committee - Re: Site Plan Enforcement. communication recommends the following: 1) The Policy for development under Site Plan Control: The The owner shall provide a letter of credit or cash to the City at the time of issuance of the building permit as a commitment of undertaking that the work shown on the site plan will be completed. The amount shall be the estimated value of the work shown with a minimum of $10,000.00 and a maximum of $60,000.00. When the work is completed, the letter of credit or cash shall be returned. However, if the work is not completed as shown the work will be carried out by the City and the letter of credit used. 2) The City place all industrial lands under Site Plan Control. ORDERED on the motion of Alderman Herrington, seconded by Alderman Chessman, that the communication be received and the first recommendation approved. Carried Unanimously. REPORTS B-89-13 - Chief Adsinistrative Officer - Re: Security Services - City Hall. The report recommends that Council approve the by-law on tonight's agenda authorizing a 4Z increase in payment to the Canadian Corps of Commissionaires for the provision of City Hall Security services for the period commencing April 1, 1989 through March 31, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-89-14 - Chief Adsinistrative Officer - Re: Chippawn ONIP Parking. The report recommends that City Council hire "Martin Engineering & Project Manage- ment Inc.", to prepare plans and specifications and carry out inspections for the improvements to Laura Secord Place which will result in additional parking spaces. Alderman Ward declared a conflict of interest because he has a business relationship. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Nopktns, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. B-89-15 - Chief Administrative Officer- Rez Site Plan Enforcement. The report recommends the following| 1) That City Council approve the recommendation from the BILD Committee that a site plan deposit be submitted for the developments which are under Site Plan Control; 2) That City Council refer to Staff the recommendation from the BILD Committee that all industrial lands be under Site Plan Control -6- ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. 3) - 7 - That the contract alternatives related to the salvage and tense of existing roadway aspbaltic, granular and concrete materials be approved. B-89-16 - Chief Administrative Officer - Re: Building Code Amendment, public Swimming Pools. The report provides information regarding the adminis- trative amendment to the Ontario Building Code which became effective January 1, 1989, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report he received and adopted. Carried Unanimously. B-89-18 - Chief Administrative Officer - Re: Sign Application - Days Inn - Lundyts Lane. The report recommends that City Council approve an application for two ground signs, having a height of 29 feet, on the front and west side of Days Inn. Alderman Hopkins declared a conflict of interest because a member of Ms family has a business interest. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Chessman, Cowan, Herrington, Janvary, Orr, Puttick, Ward and Sherat. NAYE: Aldermen Campbell and Cummings. e-89-21 - Chief Administrative Officer - Re: Part 2s Plan 59R-4981, being Part Lots 53 & 54, Plan 243, Falls Industrial Park. The report recommends the £ollowing: 1) That Council authorize the sale of Part of Lots 53 and 54, Plan 243, to Gary Beck Enterprises, at the purchase price of $22,200.00, subject to the purchaser entering into the City's standard Agreement of purchase and Sale; 2) That Council enact the by-law to authorize the sale of this lot. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. ORDERED on the motion of Alderman Cununings, seconded by Alderman Campbell, 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. P0-89-56 - Chief Adsiniatrative Officer - Re: Proposed Agreement, Robert & Louise Adie, Consent Application B-8/89. The report recommends that Council adopt a by-law to authorize the execution of an agreement with Robert & Louise Adie requiring the construction of a frame of a horse barn prior to the issuance of a building permit for the construction of a residence, in order to satisfy the intent of a condition of severance imposed by the Regional Land Division Committee. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. See By-law No. 89-86. NM-89-51 - Chief Administrative Officer - Re: Contract K.C. 5-89 - Road Reconstruction on Palmet Avenue from Jepson Street to Victoria Avenue, The report recommends the following: 1) 2) That the by-law appearing on tonight's agenda authorizing the temporary read closure of Palmar Avenue to through traffic, from April 17, 1989 to June 30, 1989 between Jepson Street and Victoria Avenues be passed; That the unit prices submitted by the low tenderera Greenwood Contracting Lid,, be accepted and this contract be awarded subject to M,O,E, approvalJ ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 29. See By-law No. 89-89, ~nd..By-law No. 89-90. NW-89-52 - Hunicipal Parking ~mittee - Re: Committee Report: 1989-1990 Agreement with the Canadian Corps of Commissionsires (Hamilton). The report recommends that the services of The Canadian Corps of Commissionaires (Hamilton) be engaged for the period of April 1, 1989 to March 31, 1990 for by-law enforce- ment purposes. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the report he received and adopted. Carried Unanimously. See By-law No. 89-83, and By-law No. 89-84. !Ig-89-53 - Chief Administrative Officer - Re: Contract R.C. 6-89 - Storm Sewer and Road Reconstruction on Seneca Street & Falls Avenue Trunk Sewermain. The report recommends the following: 1) 2) That the unit prices submitted by the low tendeter, Delmar Contracting Ltd. be accepted and this contract, excluding Section 'C' - Combined Sewer Repairss be awarded subject to M.O.E. approval; That the contract alternative related to the salvage and reuse of existing roadway asphaltic, granular and concrete materials to a City Stockpile Site, be approved; and 3) That finances required in excess of by-law debenture authority be funded from our "Contribution to Capital Spending (Urban Service Area)", Account 13102 in our 1989 Operating Budget. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously_L. See Resolution No. 30. See By-law No. 89-88. Ng-89-55 - Chief Administrative Officer - Re: BILD Committee - Lot Grading & Drainage Policy. The report recommends that City Council approve the Lot Grading and Drainage Policy presented by the BILD Committee which will replace the "Lot Grading and Drainage Policy-1982" and that the effective date be June let, 1989. ORDERED on the motion of Alderman Herrington, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. F-89-16 - Finance C~)--sittee - Re: Committee Reports: The report recommends the following: 1) Provincial Command of the Royal CanadianLegion- It is recommended that Council approve assistance to the Provincial Command of the Royal Canadian Legion in the amount of $500.00. Alderman Ward declared a conflict of interest because he is a member of the organization. His Worship Mayor Smeaton and Aldermen Cheesman and Puttick decided not to declare conflicts of interest. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the the request of the Provincial Command, for $2,200.00 be approved. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Mayor Smeaton, and Aldermen Campbell, Cheesmans Orr, Puttick and Sherat, NAYEl Aldermen Cowan, Cummingss Herrington, Hopkins and Janvary. -8- 2) 1989 Pitch-In Campaign- It is recommended that Council approve assistance to the "Pitch-In Campaign" in the amount of $250.00. 3) Fee for Returned Cheques - It is recommended that Council approve a $10.00 fee to be charged for cheques issued to tile City and returned "NSF". 4) Conference & ~nventien 1989 Schedule - It is recommended that Council approve the 1989 Conference & Convention report. 5) General Insurance Report - It t8 recomn,ended that Council approve the additional insurance coverage as outlined at a 1989 cost of approximately $5,400.00. 6) Status of Taxes at December 31, 1988 and February 28, 1989 - It is recommended that Council Receive and file for information, the Tax Status report. 7) Statement of Remuneration & Expenses for Members of Councils Committee of Adjustment and Recreation Commission- It is recommended that Council receive and file for information, the Remuneration & Expense report for Members of Council, Committee of Adjust- ment and Recreation Commission. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and recommendation Numbers 2, 3, 4, 5, 6 and 7 be adopted. Carried Unanimously. F-89-17 - Chief A~uistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3s576,909.87 for the period ending April 3, 1989~ be approved by the passing of the by-law appearing later on the agenda, Alderman Cheesman declared a conflict of interest on Cheque No. 40353 because his wife is employed by the Board; and a conflict of interest on Cheque No. 40483 because he has a business interest. Alderman Hopkins declared a conflict of interest on Cheque No. 40463 because he is directly involved. Alderman Ward declared a conflict of interest on Cheque Nos. 40437 and 40604 because he has a business interest. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that' the report be received and adopted. The motion Carried with Aldermen Chessman, Hopkins and Ward abstaining from the vote on Cheque Nos. 40353, 40483, 40463, 40437 and 40604 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 89-91. M-89-02 - Mayor Sseaton - Rez Tornado Tips. The report attaches information received from the Ontario Solicitor General, and Tornado Tips data, for the information of Council, endorses the Province's concerns and action taken, and asks Council to approve the Province's efforts in declaring April 7th, 1989, as "Tornado Awareness Day". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-89-16 - Chief Adaluistrative Officer - Re: Summer Schedule of Council Neerings. The report recommends that the attached proposed "Summer Schedule of Council Meetings" be adopted by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman tlopkins, that the report be received and adopted. Carried Unanimously. -9- (I)-89-21 - Civic Co"""ittee - Civic Committee Proclamations. The report recommends the following: 1) 2) ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. That Council proclaim April 10-15, 1989 as "Local Government Week" and April 16-22, 1989 as "National Citizenship Week"; That the cost of printing the proclamations in the local newspaper be charged to the Civic Committee 1989 Budget. Carried Unanimo~usly. RESOLUTIONS No. 29 - JANVARy - ClIMESMAN - RESOLVED that the unit prices submitted by Greenwood Contracting Ltd., for Contract R.C. 5-89 - Road Reconstruction on Palmer Avenue from Jepson Street to Victoria Avenue, be accepted, at the low tendered amount of $1,087,529.66, subject to Ministry of Environment approval, and the contract alternatives related to the salvage and reuse of existing roadway asphaltic, granular and concrete materials be approved; AND the Seal of the Corporation be hereto affixed. Carried Unanimously_____J_ No. 39 - JAMARy - COWAN - RESOLVED that the unit prices submitted by Delmar Contracting Ltd., for Contract R.C. 6-89 - Storm Sewer and Road Reconstruction on Seneca Street and Falls Avenue Trunk Sewermain, be accepted and this contract, excluding Section "C" - Combined Sewer Repairs, be awarded, at the low tendered amount of $1,280,800.90, subject to Ministry of the Environment approval, and the contract alternatives related to the salvage and tense of existlng roadway asphaltlc, granuIar and concrete materials to a City Stockpile Site be approved; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-81 - A by-law to allow the maintaining and using of a building which encroaches on Desson Avenue.(Report CD-89-08 approved by Council 1989 02 06). No, 89..82 - A by-law to authorize the sale of land in the Falls Industrial Park to Michael Cormoily. No. 89-83 - A by-law to close portions of Queen Street and Cryslat Avenue. (Spring Bonnet Parade). No. 89-84 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton) respecting the security of City Hall. No. 89--85 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton) respecting the employment of members of the Corps to enforce certain by-laws. No. 89-86 - A by-law to authorize the execution of an agreement with Robert George Adie and Loulse Adle. Moo 89-8? - A by-law to authorize the execution of a Memorandum of Understanding with the Niagara Parks Commission and others for land uses along the Niagara Parkway. Re, 89-88 - A by-law to authorize the execution of an agreement with Delmar Contractin8 Ltd. for trunk storm sewer installation on Seneca Street and Falls Avenue. No, 89-89 - A by-law to temporarily close part of Palmet Avenue from Jepson Street to Victoria Avenue. - 10 - No. 89-90 - To authorize the execution of an agreement with Greenwood Contracting Ltd. for road reconstruction on Palmar Avenue from Jepson Street to Victoria Avenue. No. 89-91 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Shetar voting contrary on By-law No. 89-87; with Aldermen Cheesman, Hopkins and Ward abstaining from the vote on By-law No. 89-91, on conflicts of interest previously recorded under Report No. F-89-17; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: Ro. 89-81 - A by-law to allow the maintaining and using of a building which encroaches on Desson Avenue.(Report CD-89-08 approved by Council 1989 02 06). Ho. 89-82 - A by-law to authorize the sale of land in the Falls Industrial Park to Michael Cormoily. No. 89-83 - A by-law to close portions of Queen Street and Cryslat Avenue. (Spring Bonnet Parade). No. 89-84 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton) respecting the security of City Mall. No. 89-85 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton) respecting the employment of members of the Corps to enforce certain by-laws. 89-86 - A by-law to authorize the execution of an agreement with Robert George Adie and Louise Adie. Ro. 89-87 - A by-law to authorize the execution of a Memorandum of Understanding with the Niagara Parks Commission and others for land uses along the Niagara Parkway. No. 89-88 - A by-law to authorize the execution of an agreement with Delmar Contracting Ltd. for trunk storm sewer installation on Seneca Street and Falls Avenue. No. 89-89 - A by-law to temporarily close part of Palmet Avenue from Jepson Street to Victoria Avenue. No. 89-90 - A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd. for road reconstruction on Palmer Avenue from Jepson Street to Victoria Avenue. No. 89-91 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Sherat voting contrary on By-law No. 89-87; withA"fdermen Cheesman, Hopkins and Ward abstaining from the vote on By-law No. 89-91, on conflicts of interest previously recorded; and with all others voting in favour, NEW BUSINESS IT!~SOF 0-89-18 - Strategic Planning Sesinnr - Aldermatt Cummings expressed his concern regarding the above named report which had been adopted by Council on March 13th, 1989 during his absence, and asked that this be rescheduled to Friday night and Saturday, in order to enable Aldermen with full time Jobs to attend the seminar. The Director of Planning & Development agreed to attempt to reechedule the seminar. - 11 - Affordable Housing Morkshop - Alderman Herrington referred to her recent attendance at the Affordable Housing Workshop in Kttchener and reviewed the report which had been submitted to Council. Non-Profit HousingMeeting- Alderman Ward referred to the Non-Profit Housing Authority's monthly meeting and urged Council members to attend. Alderman Janvary referred to the Information for Council communication received from FCM regarding the Five-Star Community Award Program which "recognizes Canadian communities whose efforts have served to reduce the physical and sociological barriers that restrict the lifestyle options available to people with disabilities". She asked that the Clerk request an application form for completion by this Municipality. IT!~!S OF CONCERN: Oil Spills - Alderman Ward referred to the recent oil spill in the waters off the Alaska coast, the oil leakage this past weekend in Buffalo, and reference made on a recent T.V. newscast regarding the possibility of a similar occurrence with serious effects on the Niagara River. ORDERED on the motion of Alderman Ward~ seconded by Alderman Orr, that the matter be referred to the appropriate Staff to investigate and submit a report. Carried Unanimously. Regional Niagara's Case at OWMC Hearing- In response to a request from Alderman Sherat, His Worship Mayor Smeaton advised that a report would be submitted to members of Council regarding Regional Niagara'a case at the upcoming OWMC Hearing. It was moved by Alderman Puttick, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. (11:55 p.m.) READ AND ADOPTED, .... NINETEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 10, 1989 Council met on Mondays April 10th, 1989, at 7|00 p.m., in Committee of the Whole· All members of Council, with the exception of Alderman Ninsperger who was on Vacation, were present· Alderman Campbell presided as Chairman· Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AN OPTED, ~,~,~,' ~ ~ CITY CLERK //~ PLANNING/REGULAR MEETING CDuncil Chambers April 10, 1989 Council met on Monday, April lOth, 1989, at 7:30 p.m., for the purpose of considering Planning matters and regular business. All members of Council, with the exception of Alderman Hinsperger who was on vacation, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES Alderman Ward asked that an amendment be made to the minutes of the meeting held April 3rd, 1989, Report No. F-89-16, Provincial Command of the Royal Canadian Legion. Alderman Janvary advised that she had voted contrary on the motion· ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the minutes of the meeting held April 3rd, 1989, be adopted as amended. Carried Unanimously. WELCOME His Worship Mayor Smeaton welcomed Regional Councillor Rob Dobrucki to the meeting. REPORT ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that Handout Report No. B-89-23 be brought forward. Carried UnaqimouslT. Rel)ort B-89-23 - Chief Ad~luistrative Officer - Re: Coronation Recreation Centre. The report recommends that City Council accept the tender of Treemac Construction Ltd., of Niagara Falls, to erect an addition to the Coronation Recreation Centre for the tendered price of $739,900.00s and that the necessary by-laws be prepared for Council's approval. Mr. W. Green, President of the Senior Citizens Association was in attendance. He expressed appreciation to Council and City Staff. ORDERED on the motion of Alderman Chessmans seconded by Alderman Campbells that the report he received and adopted. Carried Unanimously. See Resolution No. 31. Alderman Puttick entered the meeting. REPORTS - PLANNING MATTERS I~-89-61 - ~hief Adainistrative Officer - Re: Zoning Amendment Application AM-5/89, J. Dilibero; 3364 Montroee Roads Part Township Lot 54. The report recommends the following: -2- 1) That Council support the requested change in zoning to the Low Density, Grouped Multiple Dwellings Zone (R4) and that the landscaping provision be at 50%; 2) That the applicant enter into a Servicing Agreement wlth the Municipality to assume the required full costs of extending out of phase hard services prior to the passing of the amending by-law; 3) That matters respecting storm water retention, fencing and buffering, road widening requirements, entranceways, landscaping, sidewalks, boulevard treatment and parking be resolved to the satisfaction of the City and the Region through the site plan approval process; 4) That a noise study be undertaken to the satisfaction of the Ministry of the Environment; 5) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 6) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Cos~unication NO. 155A - Regional Niagara Plannix~ & Development Department - Re: Preliminary Application AM-5/89, Proposed Apartment Building, Mootrose Road, north of Cardinal Drive. The communication advises that the Regional Planning Staff would support approval of this rezoning, provided the issues of Q.E.W. noise impact, Municipal services, compatibility with adjacent uses, protection for Shriner's Creek, and road widenings on Mootrose Road are addressed. - AND - Co~ann~ication Me. 155B - John & Hagdale-- Bskarich and Katharina Mikulcic - Re: Zoning Amendment Application AM-5/89. The communication expresses concerns regarding grade elevations between adjacent properties in connection with water drainage, and requests the construction of a retaining wall and fence on the north and east sides of the subject lands. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the procedure to he followed under the Planning Acts 1983. The Clerk advised that the lands were located on the east side of Mentress Road, north of Cardinal Drive end south of Shrfner's Creek; that the applicant was requesting an amendment to the Zoning By-law to permit the development of a 3 storey, 30 unit apartment building; and that the Notices of the Public Meeting were forwarded on March 10th, 1989. His Worship Mayor Smeaton indicated that the applicant, Mr. Joseph Dilihero and Charles Antonio, Design Consultant, were in attendance; received a negative response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application; and asked that 811 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 reveiwed the following information contained in Technical Report No. PD-89-57: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; end Site Plan Review. He discussed the Planning Review Summary from Report No. PD-89-61, and recommended approval of the application as included in the aforementioned report. He replied to questions raised regarding a Q.E.W. sound barriers drainage, storm water control, and costs of services. The applicant indicated his willingness to respond to any questions raised. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessmans seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following votes AYEs Aldermen Cheesmans Cowan, Cummings, Marringtons Hopkins, Janvary, Orr, Sherat and Ward. NAYEl Aldermen Campbell and Puttick. -3- P9-89-62 - Chief Administrative Officer - Re: Zoning Amendment Application AM-6/89, 705336 Ontario Ltd.; Part of Township Lot 70, North Side of Thorold Stone Road. The report recommends the following: 1) That Council support the requested change in zoning to the Low Density, Grouped Multiple Dwellings Zone (R4), including an increase to the maximum building height, and that the landscaping provision be 50%; 2) That matters respecting storm water retention and drainage, fencing and buffering, landscaping, sidewalks, boulevard treatment, entranceways, parking and on-site vehicular movement be resolved to the satisfaction of the City and Region through the site plan approval process; 3) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Coannaication No. 156 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-6/89, Proposed Apartment Buildings, Thorold Stone Road, east of Brookdale Drive. The communication advises that the Regional Planning Staff were not opposed to approval of the proposed rezoning, but suggested that the application should be reviewed in conjunction with the abutting development proposal to the north, the Northwood Plan of Subdivision. 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 advised that the lands were located on the north side of Thorold Stone Road, east of Cardinal Drive, and abutting a tributary of Shriner'e Creek; that the applicant was requesting an amendment to the Zoning By-law to permit the construction of two, three-storey apartment buildings; end that the Notices of the Public Meeting were forwarded on March 10th, 1989. Alderman Harrington declared a conflict of interest because she has an involvement with the proposal. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant; and a positive response to his request for e show of hands indicating the presence of persons iu 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 Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reveiwed the following information contained in Technical Report No. PD-89-53: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He recommended that the application be approved. There were no comments forthcoming from persons, other than the applicant or his agent, in support of the application, and no comments from persons opposed to the application. Mr. Rob Dobruckt, 91 Empire Street, Welland, on behalf of the applicants expressed willingness to respond to questions raised, and stated that the developer was in agreement with the conditions in Report No. PD-89-62, Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motionof Alderman Hopkins, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Herrington abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour, -4- Iq)-89-64 - Chief Administrative Officer - Re: Zoning Amendment Application AM-11/89, 705336 Ontnrio Ltd.; Part of Township Lot 70, Northwood Subdivision, North of Thorold Stone Road. The report recommends the following: 1) That Council support the requested change in zoning, in part to the Residential Single Family 1C Density Zone (R1C) and in part to the Residential Single Family 1D Density Zone (R1D), including the provision of 40% minimum landscaped open space and reducing the provision regulating maximum lot coverage to 35%; 3) That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly- - AND - Cossunication No. 157 - Regional Niagara Planning & Developsent Department - Re: Preliminary Application AM-11/89, Zoning for the Northwood Subdivision Betwee~ Cardinal Drive and Mount Carmel Drive. The communication advises that the Regional Planning Staff were not opposed to the proposed rezoning, suggests that the proposal of a residential zoning for the park block might be more appropriately zoned in a category to reflect intended use as parkland, and further suggests consideration by the City regarding access to abutting lands to the south. His Worship Mayor Smeaton declared the Public Meeting open and stated that the same procedure as in the previous reports would be followed. The Clerk advised that the lands, known as the Northwood draft plan of subdivision, were located north of Thorold Stone Road, between Cardinal Drive and Mount Carmel Boulevard; that the applicant was requesting an amendment to the Zoning By-law to satisfy a condition of draft plan of subdivision; and that the Notices of the Public Meeting were forwarded on March 10th, 1989. His Worship Mayor Smeaton received an indication that Andrew Cameron, Engineer with Matthews & Cameron Ltd., O.L.S., was in attendance on behalf of the applicant; received a negative response to his request for a show of hands by persons, other than the applicant, in favour of, or opposed to the application; and asked that ell 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 revelwed the following information contained in Technical Report No. PD-89-58: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Site Plan Review. lie responded to questions raised regarding entrance to the park, a secondary access, and minimum housing cost. There were no comments received from persons, other than the applicant, in favour of, or opposed to the application. Mr. Cameron commended the Planning Department with respect to the report, and offered to respond to questions raised. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Maeting closed. ORDERED on the motion of Aldermatt Orr, seconded by Alderman Cowan~ that the report be received and adopted. Carried Unanimously. Pi)-89-63 - Chief Adsinistrative Officer - Re: Zoning Amendment Application AM-9/89, and O.P.A. No. 180; Dr. R.J. Maclnnis, 5985, 6003 & 6015 McLeod Road. The report recommends the following| 1) That Council not support the Official Plan and Zoning By-law amendment applications to permit the lands to be used for commercial purposes; - 5- 2) That the applicant be encouraged to redevelop the subject lands according to the guidelines and policies established within the Clty's Official Plan. - AND - Connunication No. 158 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-9/89, Proposed Dental Offices, McLeod Road, west of Alex Avenue. The communication expresses the following concerns: approval of this application would create increased pressures for more commercial development along the north side of McLeod Road; separation of commercial, residential land uses would be lost; decreased housing mix in the area; lack of necessity for additional commercial lands. The communication questions whether approval of the application to allow general comJnercial uses would be in the public interest. His Worship Mayor Smeaton declared the Public Meeting open and stated that the same procedure, as in the previous applications, would be followed. The Clerk advised that the subject property was located on the north side of McLeod Road, and known Municipally as 5985, 6003 and 6015 McLeod Road; that the applicant was requesting an amendment to the Official Plan and Zoning By-law in order to permit the lands to be used for commercial purposes; that the Notices of the Public Meeting were forwarded on March lOth, 1989, and a Notice was published in the local newspaper regarding the Official Plan Amendment on March 10th, 1989. His Worship Mayor Smeaton received an indication that the applicant was in attendance; and a positive response to his request for a show of hands from persons interested in 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 reveiwed the following information contained in Technical Report No. PD-89-51: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Site Plan Review. He advised that the Planning Department was unable to recommend approval because of the following issues: 1) Official Plan - changing the Residential designation to Commercial on the subject lands would undermine the City's planning program to provide multi- family, residential accommodation in this location, and was not in the best interests of the Municipality; 2) Commercial/Office Opportunities Study - Staff did not consider that expansion of the City's commercial inventory on McLeod Road, and in this particular location, as appropriate or necessary; 3) Zoning By-law - changing the zoning on the property from R4 to GC would remove a significant parcel of land from the City's inventory of "prezoned' land for multi-family purposes; the spot zoning of the lands would permit all uses included in this zone category; and considerable expansion follow- ing the standard provision of the requested zone was probable; 4) Site Suitability & Impact - residential lands surround the subject property and would be affected by either site activity or further development; the lands are best suited for multi-family residential use as apartment or townhouses; additional affordable housing is needed and would have a lesser impact upon the neighbourhood than commercial development, and would provide support to commercial development along McLeod Road; 5) Site Design - Site Plan Control would not enable the Municipality to ensure that future development would provide large landscaped areas and appropriate setbacks. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant, in cupport of, or opposed to the application. Dr. Naclnnis, a local dentist, explained the need to expand his services, the difficulty in securing affordable property in a suitable locations the expense of leasing suitable offices in available plazas, the proposed office design with livin~ quarters for himself above the offices, and landscaping. -6- He stated that any increase in traffic would be between 9:00 a.m. and 5:00 p.m. and none on weekends; referred to the impact of the building on the surrounding residential neighbourhood, as lower than an apartment building would be; and stated that he was providing an essential service to children and adults in the area who were unable to drive to a dental clinic. Dr. MacInnts further stated that the nearby residents had not opposed the application- 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 Ward, that the application be approved and site plan control be placed on the development- The motion Cjrrie~ with the following vote: AYE: Aldermen Cowan, Cummings, Orr, Puttick, Sherat and Ward. NAYE: Aldermen Campbell~ Chessman, Herrington, Hopkins and Janvary. PD-89-65 - Chief Administrative Officer - Re: Zoning Amendment Application AM-8/89 George Schneider Holdings Ltd., Pt. Twp. Lot 70, Montrose Manors, West Side of Montrose Road. The report recommends the following: 1) That Council support the requested change in zoning to the Residential, Single Family 1B Density Zone (RIB), including increasing the exterior side yard requirements along Moatrose Road to 9m, decreasing the maximum lot coverage to 35% and providing a minimum landscaped open apace provision of 40%; 2) That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; 3) That the applicant and the Regional Municipality of Niagara be advised accordingly- - AND - - Communication Mo. 159 - Regional Niagara pl~-.lag & Development Department Re: preliminary Application AM-8/89, Montrose Manors Subdivision, Montrose Road, north of Thorold Stone Road. The communication advises that this plan of subdivision was granted draft approval by the Region on January 4th, 1989~ that the proposed zoning amendment would implement the plan of subdivision as draft approved, and that the Regional Planning Staff was not opposed to the proposal, but, suggest that the park block be zoned to reflect its intended use. His Worship Mayor Smeaton declared the Public Meetlag open and advised that the same procedure, aa in the previous applications, would be followed. The Clerk advised that the property, known as the Moatrose Manors draft plan of subdivision, was located on the west side of Moatrose Road between Mount Carmel Boulevard and Thorold Stone Road; that the applicant wa's requesting an amendment to the Zoning By-law in order to satisfy a condition of draft plan approval to permit the land to be developed as a single family residential plan of subdivision; and that the Notices of the Public Meeting were forwarded to interested persons on March 10th, 1989. His Worship Mayor Smeaton received indication that Mr. Andrew Cameron, 0LS, was in attendance on behalf of the applicant, G. Schneider Holdings; received a negative response to his request for a show of hands from persons in attendance who were in fayour of, or opposed to the application; and 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-89-55: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification. Process; and Planning Review. There was a negative response to Mayor Smeaton's request for comments from persons other than the applicant, in fayour off or opposed to the application. Mr. Cameron commended the Planning Director on the report to Council and of[ered to respond to any questions raised. -7 - 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 Orr, that the report be received and adopted. Carried Unanimously. PD--89-66 - Chief Administrative Officer - Re: Zoning Amendment Application AM-10/89 Agent: G.A. Kirkham; Corner of Stanley Avenue & Church's Lane. The report recommends the following: 1) That Council support the requested Zoning By-law amendment application to add a car wash to the list of permitted uses on the subject property; 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, buffering, fencing, lighting, surface treatment, points of ingress/egress, etc.; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 160A - Regional Niagara Planning & Development Department - Re: Preliminary Application AN-10/gg, Proposed Car Wash, Stanley Avenue and Church's Lane, The communication advises that Regional Planning Staff had no objection to the approval of this rezoning, but that the entranceway should be revised to provide a greater separation from the intersection. - AND - Communication Hoe. 160B, 160C, 160D, end 160E - Paul Julian, Ken Baker, R.E. Smith, and Nation Robson - Re: Zoning Amendment Application A~-10/89. The communications oppose the application, and request permission to speak at the Council meeting. - AND - Communication No. 160F - Petition from Residents in the Vicinity of Chureh's Lane - Re: Zoning Amendment Application AM-10/89. The petition, signed by 126 peoples opposes the subject application, and 6 persons express concern. His Worship Mayor Smeaton declared the Public Meeting open and stated that the same procedure, as in the previous applications, would be followed. The Clerk advised that the property was located on the northeast corner of the intersection of Stanley Avenue and Church's Lane; that the applicant was requesting an amendment to the Zoning By-law to permit a building to be used for a car wash; and that the Notices of the Public Meeting were forwarded to interested persons on March 10th, 1989. His Worship Mayor Smeaton indicated that Mr. G.A. Kirkham, Solicitor, was in attendance on behalf of the applicant. There was a positive response to Mayor Smeaton*s request for a show of bends from persons present in fayour of, or opposed to the by-law. 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. Alderman Hopkins declared a conflict of interest because the Solicitor for the applicant is a business partner of a member of his family. 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-89-52: 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 regarding a reduction in permitted uses which were incorporated into Zoning By-law No. 79-200, current uses permitted under the currently designated Industrial zoning~ and recommended support of the application for the following reasons: 1) The proposal promotes the infilling of existing serviced industrial land; 2) Through proper site design, the proposed development can be made compatible with the surrounding area; - g - 3) The site plan indicates the opportunity for providing sufficient parking facilities, landscaped open space and buffering between the proposed car wash and the adjacent residential area; 4) The proposed use of the subject lands as a car wash conforms with the policies of the Official Plan which allows car washes to be permitted in the implementing zoning by-law, provided the proposed car wash is compati- ble with the surrounding area; 5) The proposed use of the subject lands as a car wash is considered to be less offensive to the surrounding area than some of the uses currently permitted in the existing Site Specific Zoning. There was a negative response to Mayor Smeatonts request for comments from persons, other than the applicant or his agent, in support of the application. Mr. Ken Baker, 2837 Fredonia Drive; Mr. R.E. Smith, 5569 Church's Lane; Mr. Paul Julian, 2836 Fredonia Drive; Mrs. Marion Robson, 5559 Church's Lane; Ms. Nancy McKinnon, 2907 Stanley Avenue; Mr. Paul DeVitt, 5590 Levine Street; Mr. Mike Kloss, 5599 Levine Street; Mr. Carmen Fabiani and others, expressed opposition to the proposed car wash facility and discussed the following concerns: overflow vehicles from the St. Paul Avenue car wash driving to the proposed facility along Church's Lane, increasing the vehicular traffic in the area and on Church's Lane, which "is a collector's lane to the north end of the City"; additional truck traffic with accompanying noise and activity; increased traffic hazard to children playing in the area and an increase in accidents in the area; possible health problems in connection with the water system at the car wash; possible problems with drug usage and litter at the facility; devaluation of homes, as well as a serious affect on homes and lifestyles of residents. A traffic count completed by residents in the area was discussed and pictures submitted. The concerned residents asked Council to uphold the decision made by a previous Council for restricted use of the property. Mr. Kirkham reviewed the application, advised that the applicant was willing to deal with a site plan agreement, and discussed the proposal in terms of aesthetic quality~ landscaping and additional setback, and expressed the view that the facility would be "ideal" for the subject lands. He stated that a water problem was not anticipated, and that the majority of customers would be from south of Thorold Stone Road. Mr. Kirkham discussed a traffic study he had made and stated that the "absolute maximum increase of traffic is Just over 3%". He advised that the operator was responsibility for cleanliness and maintenance, and further, that hewas not anticipating a drug problem at the facility. He asked Council to consider the matter on its merits. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the application be denied. The motion Carried with Alderman tlo~kins abstaining from the vote on a conflict of interest previously recorded~ and with all others voting in favour. His Worship Mayor 8meaton declared a five minute recess at 10:10 p.m. Following the recess, members of Council reconvened for the balance of the meeting. Alderman Puttick retired from the meeting. lq)-89-59 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval, Mingle Subdivision; 26T-79006 (Revised), The .report recommends the following: 1) 2) That a Council resolution supporting a further one year 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; That a copy of this report be forwarded to the Regional Municipality of Niagara, Matthews & Cameron Limited and to Slovak~ 8inclair~ Crowe, Manns Stockton & Henderson. gee Resolution No, 32. -9- P1)-89-60 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lots 68, 69 and 70, Pamela Drive, West Meadow Subdivision (Registered Plan M-129). The report recommends that the request from Malcolm A.F. Stockton, on behalf of the owners, to exempt from Part Lot Control Lots 68, 69 and 70, Registered Plan M-129, be approved and that Council pass the approp- riate by-law to designate the lands as exempt from Part Lot Control. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously.. COMMUNICATIONS No. 161 - Peter Watson- Re: Gus Munro Park. The communication requests that the subject park be added to Schedule 'A" of the City of Niagara Falls By-law No. 88-309. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication be received and referred to Staff. Carried Unanimously. No. 162 - Art Somerville, President, Chippawa Sports Association - Re: Slo-Pitch Tournament, June 15th to 18th, 1989, Chippaws Lions Club. The commun- ication requests a Special Occasion Permit for the event. Alderman Campbell declared a conflict of interest because the YMCA, which is mentioned in the communication, is a client. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the request subject to the approval of other authorities. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 163 - Tim Shafleys Chairman, Optimist Respect for law Week - Re: Proclamation. The communication asks Council to proclaim the week of May 1st to 7th, 1989, as "Kespect for Law" week. ORDERED on the motion of Alderman Cummings, seconded by Alderman 5anvary~ that the request be approved subject to established policy. Carried Unanimously, No. 164 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality, Monthly Report for February 1989. The communication attaches report DEP-2920 for the information of Council. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimousl~. No. 165 - Nonourable John Eakins, Minister of Mmmicipal Affairs - Re: Portable Parking Permit for Disabled Persons. The communication attaches a copy of legislation regarding the subject matter. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communication be received and referred to Staff and the Social Planning Council. Carried Unanimously. No. 166 - Association of Nunicipalities of Ontario (AHO) - Re: Bill 113 - An Act to Amend the Retail Business Holidays Act and Proposed Municipal Model By-law. The communication attaches a copy of the subject information, ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings~ that tha communication ba referred to Staff for a report. Carried Unanimousl~. No, 167 (HANDOOT) - D. T. Crosbie, Secretary, The Ontario Traffic Conference - Re: Annual Convention~ 1991. The communication asks the City of Niagara Falls to host the 1991 Convention in lieu of the 1992 Convention, and requests a formal Resolution. ORDERED on the motion of Alderman Campbe11~ seconded by Alderman Cummings, that matter be referred to Staff to draft a formal resolution. Carried Unanimousl~. REPORTS B-89-17 - O.H.R.P. Loan CoBalttee - Re: 5951 Prospect Street~ O.M.R.P. Loan, The report recommends that Council approve the application for the Ontario Home Renewal Program~ Loan No. 2625000826, · . 0 . 10 - 10 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-89-19 - Chief Administrative Officer - Re: Property Standards By-law No. 74-204, 5697 Dunn Street. The report recommends that the Corporation retain a disposal service to forthwith complete the Order of the Property Standards Officer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowau, that the report be received and adopted. Carried Unanimously. B-89-20 - Chief Administrative Officer - Re: Site Plan Approval - Proposed New Addition to an Existing Dental Office; Dr. Little, 6641Lundy's Lane. C. of A. 100/88. The report recommends that the Council approve the slte plan(s) on display at tonlght's meeting, being a proposed dental clinic, and the site plan being drawing Number A1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 6th, 1989, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. 5-89-21 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Commercial Plaza; 4315 Drummond Road West Side, AM-7/88 - By-law 88-116 as amended by the C. of A. 8/89. 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 1 of 1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 23~ 1989, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cunmmings~ seconded by Aldermen Cheesman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesmmn, Cowan, Cummings, Herrington, Janvary, Orr, Puttick, Sherar and Ward. NAYE: Alderman Hopkins. B-89-22 - Chief Ads~nistrative Officer - Re: Site Plan Approval - Proposed Commercial Building, East of Dock Street, South Side of Main Street, former Village of Chippawa. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed commercial building, and the site plan being drawing Number SP-1, and filed with the Buildings and Inspections Department of the City of Niagara Palls on April 6th, 1989, and that such approval be subject to the conditions included in the report. Carried Unanimously. MM-89-54 - Chief Administrative Officer - Re: Parking and Traffic By-law 'No. 89-100 (A.K.A. By-law No. 89-2000)s Provincial Offantes Act Part II. report recommends the following: 1) 2) that the report be received and adopted. The That Council pass By-law No. 89-100, appearing later on this evening's agenda, being a By-law regulating parking and traffic on City roads; and That Council approve the enforcement of the By-law under Part II of the Provincial Offences Act. ORDERED ou the motion of Alderman Janvary, seconded by Alderman Cummings, Carried Unanimously. See By-law No. 89-100. M1~89-57 - Chief Administrative Officer - Re: Drummond Park Village Extension III Subdivision - Stage I. The report provides background information regarding the cubJeer matters and recommends that this advisory report be received and filed. ORDERED on the motion of Alderman Cheesmans seconded by Alderman Cowans that the report be received and adopted. Carried Unanimously. Ng-89-62 (BANDOOT) - Municipal Works Cossittun- Re: Committee Report: Operating Budget for Hew Equipment Tender - Municipal Works Section, The report recommends that the Municipal Works Committee give permission to Staff to , . . , , 11 - 11 - arrange for advertisement of the tender for the 1989 New Vehicle Equipment Purchases. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-89-63 (HANDOUT) - Mmmicipal Works CoMittee - Re: Committee Report: Shrfner's Creek Storm Water Management Study. The report recommends the following: 1) That the Consulting Engineering Firm of Falcone Smith Associates Inc. be retained to carry out the necessary Storm Water Management Studies at an estimated cost of $26,000.00; 2) That the $5,500.00 City share of the cost be financed from the Expansion and Renewal Fund; 3) That award of the Study be conditional on securing financing commitments from the other participants in the Study~ in the amount of their portion of the cost; and 4) That the downstream property owners be made aware of the recommendations of the Study. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously~ F-89-18 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $860,531.27 for the period ending April 10th, 1989 be approved by the passing of the by-law appearing later on the ageride. Alderman Campbell declared a conflict of interest on Cheque No. 40661 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 40646 because he has a business interest. Alderman Ward declared a conflict of interest on Cheque Nos. 40756 and 40757 because he has a business faterest. Additional information was provided on Cheque Nos. 40634, 40662, 40704, 40706, 40726 and 40778. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cheesman and Ward abstaining from the vote on Cheque No,. 40661, 40646, 40756 and 40757 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 89-94. M-89-03 - Mayor Smeaton - Re: Aldermanic Appointment to Board of Control, Illumination of the Falls. The report advises that the first meeting of the Board of Control was scheduled for April 19, 1989, and further, that it is necessary to appoint an Alderman to the Board. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that Alderman Cummings be appointed to the Board of Control. Carried UnanimouslF. C-89-22 (HANIX~T) - Chief Administrative Officer - Re: Public Administration Program, University of Western Ontario. The report, which was considered earlier this evening in Committee of the Wholes recommends that Mr. John MacDonald, Deputy Director of Parks and Recreation, be authorized to participate in the Public Administration Program sponsored by the University of Western Ontario. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. - 12- RESOLUTIONS No. 31 - ~HEESNAN - CANPBMtl. - RESOLVED that the unit prices submitted by Treemac Construction Ltd., of Niagara Falls, to erect an addition to the Coronation Recreation Centre, at the tendered amount of $739,900.00, be accepted and the necessary by-laws be prepared for Council's approval; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 90. 32 - (I~INGS - eRR- RESOLVED that the Council of the City of Niagara Falls supports a further one year extension of draft plan approval for the Mingle Subdivision - File No. 26T-79006 (Revised), and that the Ministry of Municipal Affairs be so advised; conditional upon the applicant maintaining the subdivision sign which concurs with Municipal and Regional requirements; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on be granted time: No. 89-92 - No. 89-93 - 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 stop up and close and to authorize the conveyance of part of the road allowance batwean Township Lots 221 and 222 of the former Township of Stamford, now in the City of Niagara Falls. A by-law to amend By-law No. 89-39, being a by-law to temporarily close part of Queen Street from Cryslat Avenue to Bucklay Avenue/Valley Way. 9a. 89-94 - A by-law to provide monies for general purposes. No. 89-100- (No. 89-2000) - A by-law regulating parking and traffic on City Roads The motion Carried with Aldermen Campbell, Chessman and Ward abstaining from the vote on By-law No; 89-94 on conflicts of interest previously recorded under Report No. F-89-18; and with all others voting in favour. ORDERED on the motion of following by-laws be now No. 89-92 89-93 Alderman Cummings, seconded by Alderman err, that the read a second and third time: - A by-law to stop up and close and to authorize the conveyance of part of the road allowance between Township Lots 221 and 222 of the former Township of Stamford~ now in the City of Niagara Palls. - A by-law to amend By-law No. 89-39, being a by-law to temporarily close part of Queen Street from Crysler Avenue to Bucklay Avenue/Valley Way. No. 89-94 - A by-law to provide monies for general purposes. 9o, 89-100- (No, 89-2000) A by-law regulating parking and traffic on City Roads. The motion Carried with Aldermen Campbell, Chessman and Ward abstaining from the vote on By-law No. 89-94 on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CON_titaN: Traffic - International Bridges - Alderman Campbell expressed concern regarding tile loss of business in the City of Niagara Falls because of the congeared traffic situation at the International 8ridges, - 13 - ORDERED on the motion of Alderman Campbell, seconded by Alderman Chessman, that a formal resolution be drafted, asking Mr. Rob Nicholson, M.P., to appeal to the Federal Government to resolve the situation as soon as possible. Carried Unanimously. Miscellaneous Concerns - Alderman Herrington referred to the following matters of concern and suggested that they should be referred to Staff for a report; i) Tabling motions should be included on the agenda at the meeting following and receive action; 2) The item referred to at a former Council meeting regarding prostitution be placed on the agenda for consideration; 3) Letter from Cambridge Leaseholds, dated in 1978, and referred to at the meeting held on April 3, 1989; 4) Communications from the Regional Niagara Planning Department containing comments for planning items should be received at least 24 hours prior to the meeting. His referred referred Worship Mayor Smeaton advised that the first two items had been to the Solicitor for a report, and that the fourth item had been to the Regional Municipality of Niagara previously. The Chief Administrative Officer and the Director of Planning & Development advised that the letter from Cambridge Leaseholds bed not been addressed to Council, and was therefor not submitted to Council, that it had been a general enquiry, and further, that a response had been provided to the company. lIEN OF Im'~-~MST: Niagara Falls Thunder/Junior "A" Hockey Team- Alderman Cummings referred to the success of the Thunder team, and the possibility of the team's success in the Memorial Cup playoffs. lie encouraged members of Council to attend the upcoming game, and provide moral support to the team. ***** It was moved by Alderman Ward, seconded by Alderman err, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, , MAYSR 'wkf'I;.' s. SM;,A O. .t TWENTIETH MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 17, 1989 Council met on Monday, April 17th, 1989, at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hinsperger who was on vacation, were present. Alderman Harrington presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, CLERK ~ REGULAR MEETING Council Chambers April 17, 1989 Council meton Monday, April 17th, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Hinsperger who was on vacation, were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES Alderman Harrington asked that the minutes of April 10th, 1989, be amended to indicate that the request for amendment regarding the April 3rd, 1989 minutes had been made by Alderman Ward. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the minutes of the Special Meeting held April 3rd, 1989s be adopted as printed. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the minutes of the meeting held April 10th, 1989, be adopted as amended. Carried Unanimously. DEPUTATION SODDING POLICY - Alderman Campbell advised that Mr. Garry Sorleys 6571 Bardette Drive, had been unable to attend the Council meeting, and had submitted a memo to be presented to Council. The correspondence suggests possible alternatives to mandatory soddings and questions the number of problems with new homes in relation to the total of new homes built; as well as the success of alleviating additional fill for rock gardens and raising the grade of the lot. ORDERED on the motion of Alderman Campbelly seconded by Alderman Sherats that the matter be referred to the Municipal Works Committee for a report. Carried Unanimously. ~MI~RO~ND WAx'a~a FLOODIN8 - Alderman Campbell stated that Mr. Donaid Watson, 6483 Merle Crescent, was not in good health and had requested that he be given permission to address Council at a later date. 2 pRESERVING EIiGLISHANON6 CANADIANS EVERY~(P.EoAoC.Eo) ' Cossunication Noso 168A, 168B, 168C & 168D - Mrs° S° Kostecki, EoA° Pert & LillianJo Pert, Jean McCarthy and Batty Whyte - Re: Preserving English Among Canadians Everywhere (P.E.A.C.E.). The communications attach a newspaper article and and express opposition to Bill 8 (French Language Services Act). It was noted that Mrs. Audrey Henry, 4513 Jepson Street, and Mrs. Ruth Stroud, 4984 David Avenue, as well as many other interested citizens were in attendance. Mrs. Henry advised that the group was in attendance to discuss the language problem fn Canada, submitted a petition containing 1,000 names of concerned residents, and stated that there would be "thousands more". Mr. Joe Joy, 2175 Mewburn Road, acted as spoke.person on behalf of the P.E.A.C.E. organization, and concerned residents in attendance. He distributed and reviewed a brief, explaining the concern of citizens of Niagara Falls with regard to the possibility of "making a once unified Canada into a divided nation" and "to voice our strong opposition to Bill 8, The French Language Seryices Act, 1986". He discussed the aforementioned Bill 8 meeting the needs of Francophones in Ontario; the percentage of Members of Parliament present during the passing of the Bill; the Charter of Rights; Equality Rights; and the lack of designation respecting language discrimination. Mr. Joy asked that Council designate the City of NIagara Falls as "officially untltngual, that the official language be English, and that once so designated there be no provision for deletion". Following a lengthy discussion, it was moved by Alderman Cummings,' seconded by Alderman Sherat, that Niagara Falls be designated untlfngual English. His Worship Mayor Smeaton declared a 5 minute recess at 8:15 p.m. Following the recess, Council members reconvened for the balance of the meeting. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the matter be tabled for two weeks, in order to allow an opportunity for Mr. Rob Nicholson, MP, the Honourable Vfnce Kerrto, MPP, and other interested residents to attend the meeting. The motion Carried with the following vote: AYE: Aldermen Campbell, Hopkins, Janvary, Orr, Puttick and Ward. NAYE: Aldermen Chessman, Cowan, Cummings, Herrington and Sherat. O~F~iNIGHT PARKING - Mr. and Mrs. John Angelopoulos, 4583 Ryerson Crescent; and Ms. J'Neene Gautreau, 4534 Third Avenue, were in attendance to voice their concerns with respect to the City By-law restricting overnight parking, and the difficulties they had encountered in this respect. ORDERED on the motion of Alderman Campbell, seconded by Alderman Herrington, that the matter be referred to Staff and the Traffic & Parking Committee for a report. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowans Cummings, Herringtons Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Alderman Puttick. PI~S FOR SE~0NDARY SCHOOL TR~SPER IN NIAGARA FALLS - Mr. Don Jacksons Superintendent, Niagara South Board of Education; and Mr. Brine Watkinsou, Project Architect, were in attendance to explain the new legislation which had necessitated changes in school facilities in the area. Mr. Jackson discussed the upcoming transfer of Lord Elgin Vocational School, effective September 1, 1989, relocatiou of students to three schools iu the Municipality, minor renovations at A.N.Myer and Stamford Secondary Schools and mayor renovations at N.F.C.V.I. Mr. Warkin,on explained the proposed renovations with the assistance of posted sketches, - 3 - His Worship Mayor Smeaton expressed appreciation to Mr. Jackson and Mr. Watkinson. COMMUNICATIONS No, 169 - Regional Niagara Office of the Clerk - Re: Proposed Regional Policy to Prohibit Connection of Foundation Drains & Roof Water Leaders to Sanitary Sewer Systems. The communication attaches Report DEA-350, Item 29, for reference. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the communication be referred to Staff. Carried Una~imously. No, 170 - Regional Niagara Office of the Clerk - Re: Relocatton of Fire Hydrants, Intersection Improvement, Niagara Road 49 (McLeod Road) at Niagara Road 104 (Dorchester Road). The communication attaches Report DEA-350, Item 25, for reference. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. No. 171 - Regional Niagara Office of the Clerk - Re: Fourth Quarter and Annual 1988 Building Permit Activities. The communication attaches Report DF89-37 for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 172 - Regional Niagara Social Services Department - Re: Assisted, Emergency & Supportive Housing Facilities in the Niagara Region. The communica- tion attaches the subject directory and suggests referring to the SPARC Housing Directory for further information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and referred to the Non-Profit Housing Corporation. Carried Unanimously. No, 173 - VIA Rail Canada Inc.- Re: National Transportation Agency Hearings - Windsor and Toronto. The communication provides information regarding the upcoming hearings and requests support. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that a letter be forwarded to VIA Rail Canada Inc., from Mayor Smeaton's office, reiterating Counctl's support of maintaining the existing VIA Rail service into the City of Niagara Falls, with no reduction in passenger service. It was further recommended that a copy of the communication be forwarded to the local MP and MPP, the Federal Minister of Transport, and Transportation 2000. Carried Unanimously. No. 174 - Minister of State for Fitness & amateur Sport - Re: Proclamation. The communication asks that May 26th to June 4th, 1989, be proclaimed "Canada's Fitweek", and requested that Council support the formation of a Canada's Fitweek Committee and assist organizers. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the request approved subject to established policy. Ca.Tried Unanimously. No, 175 - L,E, Jones, R.S., Noble ThirteenL,O.L. 998 - Re: Proclamation. The communication asks Council to proclaim May 1st to 7the 1989, as "Orange Week". ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherat, that the request be approved subject to established policy. The motion Carried with the following vote: .. AYE: Aldermen Campbell, Cheesmans Cowan, Cummings, Hopkfnss Janvary, Orrs Puttick, Sherat and Ward. NAYE: Alderman Harrington. No. 176 - Kis G, Craitor, President, Niagsra Falls & District Labour Council - Re: Proclamation. The communication asks Council to proclaim April 28th, 1989 as "National Day of Mourning", that the flag be flown at hal f masts and further, that Council observe one minutete silence at the Council meeting schoduled for April 24the 1989. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the requests he approved subject to established policy. Carried Unanimously. No. 177 - To~n of Fort Erie - Re: Proclamation. The communication requests that April 22rid, 1989, be proclaimed "Earth Day 20". ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be approved subject to established policy. Carried Unanimously. Ms. 178 - Nike Breaugh, I~P, Oshawa - Re: "Financing Growth-Related Capital Needs". The communication refers to the provincial decision to "flatline" financial support to Municipalities, and requests support in preparing for debates on the subject matter at Queen's Park. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrtngtou, that the communication be referred to Staff for a further report. Carried Unanimously. No; 179 - Hencurable Jim Bradlays Minister of the Environment - Re: Ontario Multi-Material Recycling Inc. The communication attaches letters of apprecia- tion from the Premier of Ontario and the Chairman of OF~I with respect to the City's involvement in the Blue Box recycling program. ttis Worship Mayor Smeaton displayed a plaque commemorating one million households in Ontario receiving a recycling Blue Box. The plaque had been presented to the City of Niagara Falls in recognition of the Municipaiity's contribution in the implementation of the curbside recycling program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 180 - D.L. gyan~ O.D.H.s Managers Welland Parks & ~eleteries Deportment - Re: Welland City Float. The communication advises that the Welland City Float will participate in the Blossom Festival Paraded and requests reciproca- tion in terms of the Niagara Falls Float participating in the Welland Rose Festival Parade on June lath, 1989. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Janvary, that the request be approved. Carried Unanimously. Ms. 181 - G.G. Powell, P.Eng., Presidenit Pollution ~ontrol Association of Ontario - Re: P.C.A.O. Operations Division. The communication advises that full membership in the P.C.A.O. amounts to $39.00, affiliate membership amounts to $10.00 per year, and asks Counctl's support. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the request be denied. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrisgins, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman theeamen. No. 182 - ILldemnNa~rin~ton - Re: "Taking Charge", Course for Local Elected Officials, University of Western Ontario, March 20th to 23rd~ 1989. The communication provides a report on the course. ORDERED on the motion of Alderman Sherar~ seconded by Alderman Cummtngss that the communication be received and filed. Carried Unanimously. REPORTS ]~-g9-24 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for March 1989. The report provides information regarding Permits Issued and Highlights for March 1989, as well as April prnposals, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. -5- B-89-25 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 16-Unit Residential Apartment Building; 6704 & 6684 Thorold Stone Road - C. of A. 11/89. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed apartment building, and the site plan, grading plan and landscape plan being drawing Number A-01, and filed with the Buildings & Inspections Department of the City of Niagara Falls on April 12th, 1989, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously.. B-89-26 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Banquet Hall Expansion; Ameri-Cana Resort Hotel, 8444 Lundy's Lane. The Clerk advised that this report had been withdrawn from the agenda. (I)-89-23 - ~hief Administrative Officer - Re: Proposed Plan of Subdivision Balmoral Court - 26T-89005. The report recommends that the City Clerk be authorized to process the application for the "Balmoral Court" Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information receiveds public input, etc. His Worship Mayor Smeaton reviewed the procedure for the public meeting and asked the developers to explain the proposal. Mr. Andrew Cameron, O.L.S., explained that this proposal was for a small development, and discussed the proposal with the assistance of posted sketches. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. FD-89-02 - Chief Administrative Officer - Re: Joint Powers Agreement. The report recommends that Council approve the by-law appearing on tonight's agenda authorizing the City to execute the "Joint Powers Agreement" between the Regional Municipality of Niagara and the Corporation of the 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 BF-law,No. 89-95. R-89-14 - Recreation Commission - Re: Perks and Athletic Fields Schedule. The report recommends that the attached schedules for special events and regular use of parks, athletic fields and school grounds be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. RM-89-64 - Municipol Works Committee - Re: Committee Reports. The report recommends the following: 1) NM-89-34, Spring Clean-Up - It is recommended that this advisory report be forwarded to Council for information. 2) HW-89-35s Street Light Trends - It is recommended that this advisory report be forwarded to Council for information. 3) NV-89-58t January- March Quarterly Construction Status Reports - It is recommended that the attached construction status reports be received for the information of Council. 4) Hg-89-61, Disposal of Concrete Rubble from City Capital gorks Projects It is recommended that the proposed procedure for the disposal, stockpiling and recycling of concrete rubble from Municipal Works Projects be endorsed by City Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowans that the report be received and adopted. Carried Unanimously. RW-gP-65 - H~nicipal Works flomsittee - Re: Committee Report: Impost Levy and Development Policy Review Study. The report recommends that Philips Planning & Engineering Ltd. be retained to carry out this Study at an upset limit cost of $56,159.00 to be financed from Reserves and the Expansion & Renewal Fund. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. MW-89-66 - Municipal Works Cossittee - Re: Committee Report - Waste Management Committees: i) Waste Management Sub Coselites - It is recommended that Alderman Bruce Ward, Chairman, Alderman Mark Hopkins, Alderman W.A. Hinsperger, Alderman Wayne Campbell and Alderman Margaret Harrington (Alternate) be appointed to the Waste Management Sub Committee. 2> Public Liaison C~maittee for Landfill F~pansion- It is recommended that: v (t) The composition of the Public Liaison Con~nittee for the Landfill Expansion as sugggested in this report, be endorsed; and (ii) Alderman Bruce Cowan and one other Alderman be appointed to the Public Liaison Committee for Landfill Expansion. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowany that the report be received and adopted. Carried Unanimously. MW-89-67 - Municipal Works ~omsittee - Re: Committee Report - Chippaws Pilot Infrastructure Needs Program. The report recommends the following: 1> That City Council authorize Staff to re-apply to the Ministry of the Environment for Lifeline Grant funding of the Phase I Pilot Project Infra- structure Needs Program in the Chippaws Residential Community and Stanley Avenue Industrial Area; 2) That the City commit itself to carrying out Phase II, a City-wide Infrastructure Needs Program phased over a three year period from January 1, 1991, to December 31, 1993, with financing of Phase II to be the subject of a further report; 3> That application for this grant be conditional on arriving at an equitable cost-sharing apportionment of the Study costs between the City and the Regional Municipality of Niagara; and / 4) That $20,000.00 be financed from the Expansion & Renewal Fund for the Phase I Pilot Project Program. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that that the report be received and adopted. Carried Unanimously. NW-89-68 - Municipal MoTks Co~aittee- Re: Committee Report - Development in Chippaws: 1) DevelopsMnt of Four Lots for Mrs, S. FIsher - It is recommended that the request of Mrs. S. Fisher to develop four single family lots within the proposed Heritage Village Plan of Subdivision be granted subject to: (i) The lots be created by Plan of Subdivision; and (it) A condition that prior to the issuance of building permitss an engineering report be prepared and accepted by the M,O.E, confirming that post development flows into the sanitary sewer will be less than~ or equal to, existing flows from the subject lands, 2) Re-evaluation of Development Freeze - It is recommended that: (i) The current Development Freeze for the Chippawa area not be lifted at this time; (if) Reconsideration of lifting the Development Freeze not be undertaken until after the spring of 1990; and (fit)The present application of the Development Freeze continue - that is new plans of subdivision (or new building lots) and major rezonings (where the proposed land use would produce substantially more sewage flows than the land use permitted hy the existing zoning) should be deemed premature until the basement flooding problem is further alleviated. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the report be received and adopted. The motion C~rried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Herrington, Hopkins, Janvary, Orr~ Puttick~ Sherat and Ward. NAYE: Alderman Cummings. MW-89-69 - Chief Administrative Officer - Re: Tourist Area Guide Signs. The report provides background information regarding the establishment of tourist area guide signs, and recommends that this advisory report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried UnanimouRl~. 1tW-89-70 - Chief Administrative Officer - Re: Drummond Park Village Extension III Subdivision. The report recommends the following: 1) That the by-law authorizing the Agreement between 687876 Ontario Limited and the City, in respect to the above-noted Subdivision, be approved; and 2) That the new requirements included in the Subdivision Agreement{ be epproved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unan. imously. gge By-law No. 89-99. MW-89-71 - Municipal Works Committee - Re: Committee Report - Future Development Areas. The report recommends that a meeting(s) be arranged with landowners in the Southwest Industrial Basin and in the Oldfield Road area to discuss future development proposals. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan~ that the report be received and adopted, and further, that a written report be submitted by the Ad Hoc Committee. Carried Unanimously. 1-89-19 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $584~859.35 for the period ending April 17th, 1989, be approved by the passing of the by-law appearing later on the agendao Alderman theeamen declared a conflict of interest on Cheque No. 40801 because he has a business interest. Alderman Ward declared a conflict of interest on Cheque No. 40921 because he has a business relationship. Additional information was provided on Cheque Nos. 40809, 40826s 40867 and 408781 and further information was requested on Cheque No. 40879. ORDERED on the motion of Alderman Janvarys seconded by Alderman Cowan~ that the report be received and adopted, The motion Carried with Aldermen Chessman and Ward abstaining from the vote on Cheque Nos.'~and 40921 respectively~ on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on Cheque No. 409031 and with all others voting in fayour. S~e B~-law No. 89-101, -8- CD-89-22 - Chief Administrative Officer - Re: Transfer of Liceace, Sophia Street. The report recommends that the liceace agreement between the City and William Hoeper, for the uae of the westerly portion of the Sophia Street road allowance, be transferred to Roy Kennedy. ORDERED on the motion of Alderman Cummings, seconded by Alderman Wards that the report be received and adopted. Carried Unanimously. See By-law No. 89-96. PD-89-69 (HANDOOT) - Chief Adainistrative Officer - Rez Arbor Day 1989. The report recommends the following: 1) That Council resolve to declare Friday, April 28, 1989 as Arbor Day; 2) That school groups, private industries and Niagara Falls' citizens be encouraged to plant a tree in henour of Arbor Day; 3) That the Mayor be requested to plant a tree. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 33. RESOLUTIONS No. 33 - C~INGS - JANVARY - RESOLVED that the Council of the City of Niagara Falls, on the seventeenth day of Aprils 1989, agreed that Friday, April 28, 1989, be designated as Arbor Day in the City of Niagara Falls; and WHEREAS the City of Niagara Falls encourages the beautfficatfon of the City by the use of trees; and WHEREAS Arbor Day will stimulate interest in and knowledge of trees; and WHEREAS the City of Niagara Falls encourages the planting, preservation and conservation of trees; NOW BE IT THEREFORE RESOLVED that by and with the approval of the Council of our City, the day of April 28, 1989, is hereby proclaimed as Arbor Day in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-L~IS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to introduce the following by-lawss and the by-laws be read a first time: 89-95 - No. 89-96 No. 89-97 No. 89-98 A by-law to authorize the execution of a Joint Powers Agreement with The Regional Municipality of Niagara and others respecting the 9-1-1 Emergency Telephone Reporting System. A by-law to authorize the execution of a licence agreement with Roy Kennedy. A by-law to authorize an agreement with Kenmore Homes (1987) Inc. respecting the Rainbow Gardens Plan of Subdivision. A by-law to designate certain land not to be subject to part lot control. No. 89-99 - A by-law to authorize a subdivision agreement with 687876 Ontario Limited respecting the Drummond Park Village Extension III. 89-101- A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman and Ward abstaining from the vote on By-law No. ~=T~f'on conflicts of interest previously recorded under Report No, F-89-19; with Alderman Hopkins voting contrary on By-law No. 89-101, as previously recorded under Report No,.F-89-19; and with all others voting in faYOur, 9 ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the following by-laws be now read a second and third time: No. 89-95 - A by-law to authorize the execution of a Joint Powers Agreement with The Regional Municipality of Niagara and others respecting the 9-1-1 Emergency Telephone Reporting System. No, 89-96 - A by-law to authorize the execution of a liceace agreement with Roy Kennedy. No. 89-97 - A by-law to authorize an agreement with Kenmore Homes (1987) Inc. respecting the Rainbow Gardens Plan of Subdivision. No, 89-98 - A by-law to designate certain land not to be subject to part lot control. No. 89-99 - A by-law to authorize a subdivision agreement with 687876 Ontario Limited respecting the Drummond Park Village Extension III. No. 89-101- A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman and Ward abstaining from the vote on By-law No. -l~on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on By-law No. 89-101, as previously recorded; and with all others voting in favour. NEW BUSINESS IT~IS OF CONCF, RN: CttF-0wned Land - Stanley Avenue and Swayze Drive The Chief Administrative Officer referred to an item which had been discussed earlier this evening in Committee of the Whole, with respect to the disposal of a parcel of land, 8.6 acres, Which has been declared surplus by the Municipality. He recommended that Council authorize the Economic Development Agency to invite, by. public advertisement, proposals for the purchase and development of an 8.6 acre parcel of land at the northwest corner of Stanley Avenue and Swayze Drive. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the recommendation be adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Harrington, Hopkins, Janvary, err, Shaver and Ward. Alderman Puttick. Aerlsl Photographs - Proposed Business Park- The Chief Administrative Officer requested authority to proceed with mapping of the proposed Moatrose Business Parks to provide the aerial maps necessary, providing maps are not available at the present time through the City or the Region. Aldermen Cummings and Sherat declared conflicts of interest because they are employed by a company involved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Ward, that the request be approved. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cheesmans Cowan, Harringtons Hopkins, Janvary and Ward. NAYE: Aldermen Orr sad Puttick. Condition of Dorchester Road - Alderman Cummings expressed concern regarding the condition of Dorchester Road, and requested a status update. The Director of Hunicipsl Works advised that the problem had been caused by worn-out sewer Joints which had resulted in stlty conditions. He stated that the program to restore the sewer Joints was planned for this year. - 10 - ~ OF INTEREST: RecreationReview - Alderman Janvary referred to the handout item entitled, Recreation Review, advised that the report would be published quarterly. and Niagara Falls Sports Wall of Fame- Alderman Janvary referred to applications in the local newspaper in connection with the Sports Wall of Fame, and advised that additional applications could be attained at the Recreation office. She suggested that deserving persons should be given an application form. Lundy's Lane Historical Muse,,-- Alderman Puttick referred to a recent article, written by Michael Brown and published by the Niagara FalIs Review, regarding the Lundy's Lane Historical Museum. He commended the reporter and suggested that this information could be provided to the Niagara Falls, Canada, Visitor & Convention Bureau, and for -distribution to bus tour operators. His Worship Mayor Smeaton offered to ~ke the necessary contacts in this respect. It was moved by Alderman Cummings, seconded by Alderman Cowan, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOK WIL S. SMEATON TWENTY-FIRST MEETING REGULAR MEETING Council Chambers April 24, 1989 Council met on Monday, April 24th, 1989, 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 Shetar offered the Opening Prayer. ADOPTION OF MINUTES Alderman Cheesman requested the retraction of a "statement of a slanderous nature" from Alderman Puttick, which hsd been made at the meeting of April 17th, 1989. In response to the question of His Worship Mayor Smeaton, Alderman Puttick denied the request for a retraction. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the minutes of the meeting heId April 17th, 1989, be adopted as printed. Carried Unanimously. ONE MINUTE OF SILENCE A one minnte's silence was held at the request of the Niagara Falls and District Labour Council, in recognition of the workers who have died, or been injured, in the performance of their work duties. DEPUTATION OVERLOADED TRUCKS - Alderman Hopkins reviewed and submitted a petition signed by residents of Ward 3, former Township of Willoughby, expressing concern regarding the deterioration of roads because of the increasing amount of commercial truck traffic travelling on the roads in contravention of the City by-law regarding load restrictions. The petition asks Council to enforce existing overload by-laws through the appropriate powers, and to direct the Engineering Department to determine load ltmlts for certain roads in Ward 3 and report to Council with a view to year round load restrictions. Aldermen Hopkins and Cowan expressed their concerns with respect to this matter. Mr. Cliff Ballinger, 5690 Bosserr Road; and Mr. Ranand Lamentague, 12493 King Road, expressed their concerns regarding the destruction of roads in Wards 3 and 4 by overloaded trucks. Mr. Ballingot referred to previous unsuccessful attempts to have the condition of the roads remedied. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that the matter be referred to Staff for an investigation and report. Carried Unanimously. Coe~nication No. 183 - Ken Slingerland, Chairman, Kinseen Club of Niagara-on- the-Lake - Re: Selling Family Fireworks, Stamford Green Plaza, May 17 - 22, 1989. The communication requests permission to hold the above named fund raiser. Mr. Ken Slingerland, 2870 Olden Avenue; Hugh Garter, Niagara-on-the-Lake Kinsmen Club; and Michael Earle, 6542 Gulp Street, and Past-President of the Niagara Falls Kinsmen Club, discussed the proposal to sell fireworks as a coordinated effort between the Niagara-on-the-Lake and Niagara Falls Kinsmen Clubs, and responded to questions raised. ORDERED on the motion of Alderman Cummings, eeconded by Alderman Hfnsperger, that the request be approved, subject to the Club providing satisfactory insurance coverage. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Puttick, Ward and Sherat. NAYE: Alderman Cheesman, -2- GPa&NTREQUESTS & 1989 BUrGET- F-89-22 - Chief Administrative Officer - Re: City Portion of the Current Operating Budget. The report recommends that Council review the 1989 revenue and expenditure statements and the required tax rates as determined by the Finance Committee. His Worship Mayor Smeaton referred to the efforts of the Finance Con~aittee during the past 5 months, to keep the increase over last year's budget at a reasonable level. He expressed appreciation to Alderman Cummings, Chairman of the Finance Committee, Vice-Chairman Alderman Ward, and members of the Committee. Mayor Smeaton invited the following persons, representing organiza- tions in the community, to speak: Niagara Falls Public Library - Alderman Cheesman declared a conflict of interest because his wife is employed by the Board. Mr. Carmen Dix, Chairman, Niagara Falls Public Library Board; and Mrs. Dorothy Van Slyke, Chief Librarian were in attendance. Mr. Dix reviewed a written submission which had been distributed to Council. The communication suggested a reduction of $37,800.00 in the original estimated Operating Budget of $1s616,783.00, a revised request for $1,578,983.00. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the revised request of $1,578,983.00 be granted. The motion was Defeated with Alderman Chessman abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Herrington, Hopkins, Janvary and Puttick. NAYE: Aldermen Cowan, Cummings, Hinsperger, Orr, Sherat and Ward. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the recommendation of the Finance Committee that a grant to the Niagara Falls Public Library, in the amount of $1,530,300 be approved. The motion Carried with Alderman Chessman abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, Cummings, Hinsperger, Orr, Shetar and Ward. NAYE: Aldermen Campbell, Herrington, Hopkins, Janvary and Puttick. Social Planning Conncil - Mrs. Selina Volpattt, Past President of the Social Planning Council, discussed the "strong working relationship" between the Social Planning Council and City Council; the monetary savings in terms of a consultant's fee for a study; and asked Council to reconsider the recommendation of the Finance Committee. · ORDERED On the motion of Alderman Janvary, seconded by Alderman Chessman, that Council approve a grant increase to the Social Planning Council of 4.1% over 1988. The motion Carried with the following vote: AYE: Aldermen Chessmen, Cowan, Cummings, Herringtons Hopkins, Janvary end Sherat. NAYE: Aldermen Campbell, Hinsperger, Orr, Puttick and Ward. - Project Share - It was moved by Alderman Cheesman, seconded by Alderman Ward, that Mr. A1 Moralinto be granted permission to address Council. The motion Carried with the following vote: Aldermen Campbell, Cheesman, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Janvery, Orrs Sherat and Ward. NAYE:. Alderman Puttick. Mr. A1 MotelInto addressed Council on behalf of Project Share - Anti Poverty Coalition & Coordinated Emergency Services. He discussed the previous Council's recognition of the need for the services provided by the group and asked Council to support the request of $56s608.00 for 1989. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that a grant in the amount of $47,055.00s' as recommended by the Finance Committees be approved. The motion Carried with the following vote: -3- AYE: NAYE: Aldermen Campbell, Chessman, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Ward. Aldermen Orr, Puttick and Shetar. Harmony Singers & Ringers - Mrs. Isabel Olsen, 6947 McGill Street, provided background information on behalf of the Harmony Singers & Ringers, since their inception in 1983 under Mrs. MarJorie Slinn. She referred to their anticipated participation in the International Youth Festival in Harrogate, England, the costs to participate, and fund raising efforts. Mrs. Olsen asked Council to consider this "one time event". ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the Harmony Singers & Ringers be granted $1,000.00. The ~otion was Defeated with the following vote: AYE: Aldermen Campbell, Cheesman, Janvary and Puttick. NAYE: Aldermen Cowan, Cummings, Herrington, Hinsperger, Hopkins, Orr, Sherat and Ward. It was moved by Alderman Puttick, seconded by Alderman Janvary, that a grant of $2,500.00 be approved for the group. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Janvary and Puttick. NAYE: Aldermen Cheesman, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Orr, Sherat and Ward. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the recommendation of the Finance Committee be approved. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Herrington, Hinsperger, Hopkins, Orr, Sherat and Ward. NAYE: Aldermen Campbell, Chessman, Janvary and Puttick. Y.W.C.A. - Mrs. Marilyn Minard, 4651 Pinedale Drive, reviewed the services provided in the community, the programs operating at a profit which is used internally, the recreational programs, and the private residence for women which is a major expense. She discussed Provincial Federal and Winratio funding, affordable housfng and "Fit for Life" program, and asked Counctl's consideration of the reduced grant of $120,657.00. It was moved by Alderman Puttick, seconded by Alderman Campbell, that a grant in the amount of $120,657.00 be approved for the Y.W.C.A. It was requested that the vote 'be recorded. The Clerk Polled the Members of Council as follows: Mayor Smeaton AYE Alderman Cummings NAYE Alderman Janvary AYE Alderman Campbell AYE Alderman Harrington AYE Alderman Orr NAYE Alderman Cheesman AYE Alderman Hinsperger AYE Alderman Puttick AYE Alderman Cowan NAYE Alderman Hopkins AYE Alderman Sherat NAYE ~ Alderman Ward NAYE The motion Carried with a majority vote. ***** His Worship Mayor Smeaton declared a 5 minute recess at 8:40 p.m. Following the recess, Council reconvened for the balance of the meeting. ***** Infomtion Niagara - Mrs. Judy! Wade, Past-President; Rosanna Thoms, Executive Director; and Allan McKenzie, Chairman of the Finance Committee, representatives of Information were in attendance. Mrs. Wade explained the service offered to the community by Information Niagara, referred to the number of enquiries and assistance to low-income residents. She asked Council to consider a grant in the amount of $32,870.00. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the recommendation of the Finance Committee, that a grant in the amount of $31,425.00 be approved. The motion Carried with the following vote: AYE: Aldermen Chessman, Cowan, Cummings, Hopkins, Janvary, Orr, Sherar and Ward. NAYE: Aldermen Campbell, Harrington, Hinsperger and Puttick. provided by the It was moved by Unemployed Help following vote: Niagara Falls Uneaployed Help Centre - Mrs. Cheryl Cooper, Executive Director; and Kim Craitor, President, Unemployed Help Centre, were in attendance. Mrs. Cooper explained the services Centre, and asked that a grant in the amount of $24,000.00 Alderman Herrington, seconded by Alderman Ward, that the Centre be granted $22,000.00. The motion was Defeate~ with the AYE: Aldermen Herrington, Htnsperger, Hopkins, Janvary and Ward. NAYE: Aldermen Campbell, Chessman, Cowan, Cummings, Orr, Puttick and Sherat. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the re~ommendation of the Finance Committee for a grant in the amount of $18,000.00 be approved. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Cummings~ Janvary, Orr, Puttick and Sherat. NAYE: Aldermen Harrington, Hinsperger, Hopkins and Ward. Greater Niagara Big Sister Association- Mrs. Laura Amisson addressed Council on behalf of the Big Sister Association. She discussed the role of the Association, and asked Council to reconsider their request for a grant. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the recommendation of the Finance Committee to deny the grant to the Big Sister Association, be approved. The motion Csrried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman Harrington. Niagara Falls Music Theatre Society Mr. John Anstruther address Council on behalf of the Music Theatre Society, referred to this volunteer operation, the need for renovations to the building and discussed the written handout showing total estimated costs of the renova- tions in the amount of $197,128.20. It was noted during the discussion that the building was owned by the City. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that - $50s000.00 be placed on reserve for renovations to the building. Carried Unanimously. Humane Society of Niagara Falls - Mrs. teah Shovellet, President, Humane Society of Niagara Falls, discussed the contract between the Humane Society and the City of Niagara Falls, referred to the services provided, and requested that Council reconsider the decision of the Finance Committee to approve 4.1% increase in funds. It was moved by Alderman Cheesman, seconded by Alderman Hinsperger, that a grant of 7% increase over the 1988, Budget of the Society be approved. The motion was Defeated with the following vote: AYE: Aldermen Chessman, Hinsperger and Janvary. NAYES: Aldermen Campbell, Cowan, Cummings, Harringtons Hopkins, Orrs Putticks Ward and Sherat. ORDERED on the motion of Alderman Sherat, seconded by Alderman Harrington, that the Humane Society be granted a 4.1% increases plus $1s500.00, The motion Carried with the following votes: -5- AYE: Aldermen Campbell, Chessman, Cowan, Cummings, Herrington, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman Hinsperger. Keiffer Street - Road Condition - Mr. William Chase, 6786 Ketffer Street, and other concerned residents were in attendance to express their concerns regarding the condition of Keiffer Street. During the discussion, the Director of Municipal Works explained the low priority regarding the storm sewer, and further, that the matter would be considered in Municipal Works Committee, in two weeks. Following further discussion, His Worship Mayor Smeaton advised that the concerned residents would be notified when the matter was considered at the Municipal Works Committee meeting in two weeks. It was moved by Alderman Puttick, seconded by Alderman Ward, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. Alderman Campbell declared a conflict of interest regarding the Y.M.C.A. because this organization is a client. Alderman Chessman declared a conflict of interest regarding the Niagara Falls Public Library because his wife is employed by the Board. Alderman Cummings declared a conflict of interest regarding the Stamford Centre Volunteer Firemen's Association because he is a member; and a conflict with regard to the Niagara Promotion Association because his wife is employed with the organization. Alderman Ward declared a conflict of interest respecting the Chippawa Lions Club, Santa Claus Parade grant, because he is a member. A lengthy discussion was held with respect to the suggestion of Alderman Ward that $750,000.00 be approved for reconstruction of roads in the City. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that $750,000.00 be approved for road maintenance. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Puttick and Ward. NAYE: Aldermen Chessman, Cowan, Cummings, Harrington, Htnsperger, Hopkins, Janvary, Orr and Sherar. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the grant to the Niagara Falls Art Gallery be withdrawn from the budget. The motion was Defeated with the following vote: AYE: Aldermen Cowan, Orr, Puttick and Sherat. NAYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Ward. A brief discussion was held regarding the request of the Optimist Club for funds. It was noted that funding for the Club was denied at the Finance Committee meeting held earlier this evening. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that Report No. F-89-22 be received and the 1989 Operating Budget be approved as amended. The motion Carried with.Aldermen Campbells Cheesmans Cummings and Ward abstaining from the vote on conflicts of interest previously recorded; with Alderman Cummings voting contrary on the grants to the Niagara Falls Board of Huseums and the Niagara Falls Art Gallery; with Alderman Orr voting contrary on the grant to the Niagara Falls Museum Board reserve; with Alderman Ward voting contrary on grant to the Niagara Falls Art Gallery; with Alderman Puttick voting contrary; and with all others voting in fayour. It was moved by Alderman Cummings, seconded by Alderman Ward, that Council continue with the balance of the Agenda. The motion Carried with the following votes: -6- AYE: Aldermen Campbell, theesmart, Cowan, Cummings, Hinsperger, Hopkinss Janvary, Sherat and Ward. NAYE: Aldermen Herrington, Orr and Puttick. COMMUNICATIONS No, 184 - Jim Phythian, Vice President, Austin Healey Club of Southern Ontario - Re: Conclave '89 National Convention - Skyline Foxhead & Brock Hotels, June 21st to 25th, 1989, in conjunction with the convention. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the request be granted subject to notification of emergency organizations and approval of the Niagara Parks Commission. Carried Unanimously. No. 185 - Petition from Patrons of Golden Nugget Bingo - Re: Midnight Madness Bingo. The petition requests permission to hold Midnight Madness Bingas on Saturdays and Sundays. Aldermen Cummings, Hopkins and Ward declared conflicts of interest because they are involved with organizations which conduct bingas. ORDERED on the n~tion of Alderman Cheesman, seconded by Alderman Janvary, that the communication be referred to Staff. The motion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with all others voting in invent. No. 186 - T.A. Wilkes, Regional Assessment Commissioner - Re: Annual Report for 1989. The communication attaches the subject report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 187 - Tom Buclt~n~ Executive Director, Y.N.C.A. - Re: Proclamation. The communication asks Council to proclaim the month of May 1989 as "Y.M.C.A. Month". Alderman Campbell declared a conflict of interest becaqse the organization is a client. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the request be approved subject to established policy. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 188 - Regional Niagara Planning & Development Department - Re: Welland Canals Corridor Interim Management Team. The communication attaches the subject report and asks that any comments be forwarded by May 5th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report~be referred to Staff. Carried Unanimously. No. 189 - Regional Niagara Public Works Departst - Re: Construction Progress Report. The communication attaches Report DEP 2923 for information. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 190 - O.B.U. Bayly, Chairman, Niagara Escarpment Commission- Re: Niagara Escarpment Plan Amendment 52/89. The communication attaches the amend- ment end invites comments by July 12ths 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be referred to Staff and the Environmental Committee. Carried'Unanimously, No. 191 - David i. Payson, President, Niagara Falls Professional Firm Fighters Association- Re: John Collueei. The communication submits a grievance, with respect to the above named, to Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessmen, that a special meeting of Council be convened by the Mayor, in accordance with Article XVIII, Saurian 18.4 of the Collective Agreement. Carried Unanimously. -7- No. 192 - Jim BoutiZier, Unit Steward, OPSEU - Re: Niagara District Ambulance Service. The communication advises that the Ambulance Service budget has been cut, and asks the consideration of Council in this matter. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the matter be referred to Staff and the appropriate agencies for a report. Carried Unanimously. REPORTS B-89-26 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Banquet Hall Expansion, Ameri-Cana Resort Hotel; 8444 Lundy's Lane. The report recommends that the Council approve the..site plans on display at tonight's meeting, being a proposed Banquet Hall expansion, and the site plan being drawing Number 1, and the Mechanical Eiectrical Plan being drawing Number ME1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 13, 1989, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. B-89-27 - Chief Administrative Officer - Re: Property Standards By-law No. 74-204; 4128 Broughton Avenue. The report recommends that the Corporation retain a disposal service to forthwith complete the Order of the Property Standards Officer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-28 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 16 Unit Apartment Building; John Kendall, 5775, 5753 and 5765 Morrison Street AM-42/88. The communication recommends that the Council approve the'site plan(s) on display at tonight's meeting, being a proposed apartment dwelling, and the site plan, grading plan and landscape plan being drawing Number A-01, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 19th, 1989, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-89-29 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Commercial Building; South-east Corner of Lundy's Lane & Dorchester Road. The report recommends that the Council approve the site plan(s) on display at tonight's meetings being a proposed commercial building, and the site plan being drawing Number AI, and the landscape plan being drawing Number A2, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 18, 1989, and that such approval be subject to the conditions included in the report. During the discussion, His Worship Mayor Smeaton advised that he would submit a further report with respect to tenancy of the building. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman CoWan, that the report be received and adopted. Carried Unanimously. B-89-30 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Tourist Commercial Building~ North-west Corner of Stanley Avenue & Kitebauer Street. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed tourist commercial building, and the site plan being drawing Number I of 2, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 19, 1989,.and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowans that the report be received and adopted. Carried Unanimously, -8- Mg-89-72 - Chief Administrative Officer '- Re: Lease Agreement with Ministry of Transportation. The report recommends that the by-law appearing later on the Agenda, authorizing a Lease Agreement with the Ministry of Transportation be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 89-106. N~-89-73 - Chief Administrative Officer - Re: 1989 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 $44,035.81, 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. 34. M~-89-~4 - Chief Administrative Officer - Re: Contract S.R. 7-89 - 1989 Sidewalk Repairs. The report recommends that the unit prices submitted by the low tenderer~ Sacco Construction Limited~ be accepted and that the by-law appearing on tonight's agenda, awarding this contract in the upset limit amount of $165,259.00, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger~ that the report be received and adopted. Carried Unanimously. See Resolution No. 35. See By-law No. 89-105. NW-89-75 - Chief Administrative Officer - Re: Consulting Agreement with F.J. Reinders and Associates Canada Limited - Engineering Services for Northwood Subdivision. The report recommends that the Consulting Engineering Firm of F.J. Reinders and Associates Canada Limited be engaged to carry out the engineering design, construction supervision and layout, and contract administration for the Northwood Subdivision, at an estimated cost of $64,000.00 ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the report be received and adopted. Carried Unanimously. S~-89-76 - Chief Administrative Officer - Re: Contract G.C. 4-89 - Underground Services in the Drummond Park Village Subdivision - Extension 3-1. The report recommends that the unit prices submitted by the low tenderer, Alfred Beam Excavating Limited, be accepted and the contract be awarded to this firm, subject to receiving Ministry of the Environment approval of the water and sewer installation for this project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See Resolution No. 36. See By-law No. 89-104. 1~'-89-77 - Chief Administrative Officer - Re: By-law No. 89-102 - Fine Structures and Short Form Wordings, The report recommends the foliowing: 1) That Council pass By-law No. 89-102, appearing later on this evening's agenda, being a by-law to amend By-law Numbers 80-77, 80-114, as amendeds 85-202 and 85-205; and 2) That the fine structures and the short form wordingss attached to this report~ be endorsed, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the report be received and adopted, Carried Unanimously. See By-law No. 89-102. -9- R~-89-78 - Chief Administrative Officer - Re: Dorchester Road Sewer Repairs. A verbal report was presented on this matter. The Director of Municipal Works advised that the repairs on Dorchester Road would begin in July 1989. It was agreed that a written report would be submitted at the next meeting of Council. F-89-20 - Finance Committee - Re: 1988 Special Purpose Reserves. The report recommends that Council pass the resolution on this eventng's agenda, set up the various amounts as reserves at December 31st, 1989. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinspergers that the report be received and adopted. Carried Unanimous17' to See Resolution No. 37. F-89-21 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $514,360.52 for the period ending April 24th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 40976 and 40977 because he has a monetary interest. Alderman Ward declared a conflict of interest on Cheque No. 41050 because he has a business interest. Additional information was provided on Cheque Nos. 41023, 41034 and 41041. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Hinsperger and Ward abstaining from the vote on Cheque Nos.'40976, 40977 and 41050 respectively on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 89-107 RESOLUTIONS No. 34 - CM~S - HINSPMm~-E~- RESOLVED that the unit prices submitted by Demol's Tire Sales & Service Limited, for the 1989 Supply of Tires, Tubes and Repair Service, at the low tendered amount of $44,035.81, be accepted; AND the Seal of the Corporation be hereto affixed. ~arried Unanimously. go. 35 - CDIe[I~CS - BINSPR~eKR- RESOLVED that the unit prices submitted by Sacco Construction Limited, for Contract S.R. 7-89 - 1989 Sidewalk Repairs, at the low tendered amount of $165,259.00, be accepted; AND the Seal of the Corporation be hereto affixed. qarried Unanimously. No. 3~ - CU~IMCS - COWAN - RESOLVED that the unit prices submitted by Alfred Beam Excavating Limited for Contract G.C. 4-89 - Underground Services in the Drummond Park Village Subdivision - Extension 3-1~ at the low tendered amount of $321,374.29, be accepted; subject to receiving Ministry of the Environment approval of the water and sewer installation for this project; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslF. No. ~7 - CIff~!XNCS - ~E~AR- 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. CQ[ried Unanimously. No. 38 - C~I!~S - SBERAR- RESOLVED that WHEREAS notification has been received that the Ontario Traffic Conferences at its Annual General Meeting to be held on ~ednesday, May 3~ 1989s will consider the site of the 1991 Annual Convention; - 10 - AND WHEREAS the City of Niagara Falls, on an earlier occasion, requested the organization to consider the City of Niagara Falls as a site for a future convention; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Niagara Falls formally invite the Ontario Traffic Conference to hold their 1991 Convention in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-102 - A by-law to amend By-law Nas. 80-77, 80-114, as amended, 85-202 and 85-205. No. 89-103 - A by-law to appoint fence-viewers. No. 89-104 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road construction in the Drummond Park Village Extension 3s Stage I Subdivision. No, 89-105 - A by-law to authorize the execution of an agreement with Sacco Construction Limited for 1989 sidewalk repairs. No. 89-105 - A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation. No. 89-107 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hlnsperger and Ward abstaining from the vote on By-law No. 89-107'on conflicts of interest previously recorded under Report No., F-89-21; and with all others voting in favour. ORDERED on the motion of Alderman Cummtngs~ seconded by Aldermen Cowan, that the following by-laws ba now read a second and third time: Ne. 89-102 - A by-law to amend By-law Nos. 80-77, 80-114, as amended, 85-202 and 85-205. No. 89-103 - A by-law to appoint fence-viewers. NO, 89-104 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road construction in the Drummond Park Village Extension 3s Stage I Subdivision. No, 89-105 - A by-law to authorize the execution of an agreement with Sacco Construction Limited for 1989 sidewalk repairs. BOo 89-106 - A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation. 89-107 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Ward abstaining from the vote on By-law No. 89-107~ on conflicts of interest previously recorded; end with ell others voting in fayoUr. - 11 - NEW BUSINESS IT~S OF Dire Straits SloPitch Club - The Clerk referred to a letter from Frank Girhiny, Jr., Tournament Director for the Dire Straits Slo-Pitch Club. The communication advises that the Third Annual "Slo-Pitch Spring Classic" is being held May 5ths 6th and 7th, 1989, at Palmet Park, and requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that Council indicate it has no objection to the issuance of e Special Occasion Permit to the Dire Straits Slo-Pitch Club in conjunction with their third annual "Slo-Pitch Spring Classic" to be held on May 5, 6 and 7, 1989, at Palmet Park, 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. Ad Hoc flomaittee - Proposed Business Park - Alderman Chessman initiated a discussion regarding newspaper reports with respect to a meeting of the Ad Hoc Committee for the proposed Business Park. He advised that the Ad Hoe Committee was authorized by Council, and proceeded according to its mandate and the procedures of Council. He suggested that the Committee be allowed to proceed, and submit a report for the consideration of Council. His Worship Mayor Smeaton commended Alderman Chessman, the Committee and Staff for their efforts regarding this matter. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED~ ' ' ' \ TWENTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 Hay 1, 1989 Council met on Monday, May lstm 1989, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Campbell who was absent on City business, and Alderman Orr who was ill, were present. Alderman Hopkins presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AN PTED, ..... CI.., ~] REGULAR MEETING Council Chambers May 1, 1989 Council met on Monday, May 1st, 1989, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Campbell who was absent on City business, and Alderman Orr who was ill, were present, His Worship Mayor Smeeton presided as Chairman. Alderman Cowan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, that the minutes of April 24~ 1989s page 1, under Adoption of the Minutes be amended to read "the retraction of a statement of a slanderous nature". Carried Unanimously. Alderman Ward asked that page 5 of the minutes be amended to indicate that the motion to approve $750,000.00 was made by Alderman Puttick, seconded by Alderman Ward. Alderman Hopkins asked that page 1 of the minutes, Deputation on Overloaded Trucks be amended to read "truck traffic travelling on the roads in contraven- tion of the City by-law regarding load restrictions". ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the minutes of the meeting held April 24th, 1989, be adopted as amended. Carried Unanimously. UNFINISHED BUSINESS PRESENTATION OF PRESKKVING ~qOLISH ANONGST CANADIANS ~VERYWHERE ORGANIZATION Report No, 0-89-23 - Chief Adsinistrative Officer - Re: Presentation of Preserving English Amongst Canadians Everywhere Organization. The report recommends the following: 1) That Council provide an opportunity to hear a representative of the various groups wishing to address Council regarding the submission of the P,E,A,C,E, organization; 2) That the content8 herein be noted and the report received and filed. - AND - CosSuniCatiOn No. 193A (HANDOUT) - Rob Nicholson, N.P. - Re: Language Rights. The communication discusses language legislation and urges Council not to proceed with the request to declare Niagara Falls unilingual English. -2- - AND - Co~saunication~os. 193B, 193C, & 193D - Helen Mo Oberlein, Ruth & Frederick Stroud, and Dick & Margaret geLcod - Re: Rights of English-Speaking Canadians. The communications express concern regarding Bill 8 and ask Council to declare English to be the official language of Niagara Falls. - AND - Comunicatiun No, 193E - 1~. & Mrs. Daniel Burlean - Re: Language Rights. The communication states that there are a number of people with languages other than English and French. Coss~nqcatton Hog. 193F & 1936 -Regine Bissonnette, President for Canadian Parents for French, and President, Fraucophone Association for the Niag~t-a Penimsula - Re: Language Rights. The communications request permission for the writer, as well as Pat Webster and Tom Reid, to address Council. Comunication No. 193H (HANDOWr) - Dr. & Mrs. George E. Burgman - Re: , Language Rights. The communication expresses concern and suggests an investigation and study of the need to provide French as well as English services- in~ Niagara Falls. Co~sunieution No. 193I - ChaslM~r of Comesroe - Re: Unilingualism. The communication recommends that the Mayor and Council receive the issue on unilingualism with sympathy and understanding of their eoncerus as presented, and receive and file. The Clerk advised that Mr. Rob Nicholson, M.P., and Honourable Vince Kerrio, M.P.P. had been unable to attend. He reviewed the handout communications from Mr. Rob Nicholson, M.P., Dick & Margaret McLeod, and Dr. & Mrs. George E. Burgman. Mr. Van Dyke expressed concern regarding the language problem in Canada, referred to English being spoken in many countries in the world~ and suggested that French language education for children in the schools could overcome the problem. Mr. Rocky Nail discussed the situation, and expressed confidence in Mayor Smeaton and Council. Mrs. Denise Charlebois, 4755 Cryslat Avenue, representing Club Alouette, addressed Council on behalf of French speaking residents of the City. She discussed the Club's participation in activities of Niagara Falls, as well as the benefits to "many non-profit organizations and service clubs". Mrs. Charlebois asked for a positive attitude towards the situation. Ms. Pet Webster, Ontario Director of Canadian Parents for Freethe addressed Council on behalf of the organization. She stated that this was a national volunteer association which provides opportunities for children to learn French as a second languages and discussed statistical information regarding the group. Ms. Webster suggested that it was uuuecessary to pass a resolution for uniltng- ual English, which would provide a "negative message to the rest of Canada". Mr, Tom Reid addressed Council as a volunteer member of the Canadian Parents for French. He referred to Canada as a country with "two official languages"~ discussed the Charter of Rights, and stated that under the Municipal Act, the City had the opportunity to conduct all proceedings in either English or French, and further, that Council was responsible for the decision. Mr. Ronald P, Leitch, National President, AllianCe for the Preservation of English in Canada, reviewed a brief which was submitted to Council containing historical and statistical information with respect to the English/French language in Canada. Ha discussed the French Language Services Act, 1986 (Bill 8) and costs to provide French language services, Mr, Leiteh asked that the following resolution be passed: "that English shall be the Official Language of the Corporation of the City of Niagara Falls for Council, Committees, Boards, other institutions, administration and services". Mrs. Regine Bissonnette, 6872 Hagar Avenue, President of the Canadian French Association of Ontario in the Niagara Peninsula (ACFO Niagara), reviewed a brief which was submitted to Council containing background information with respect to the group, referred to current French services in Niagara Falls, discussed the purpose of Bill 8, and requested that Council not declare the City of Niagara Falls unilingual English. healtMr~drvR~ctehsS~o~dg4arga84FaD~si,d Avenue, discussed the result of Bill 8 on the -3- Following a discussion, it was moved by Alderman Cummings, seconded by Alderman Sherat, that the official working language (oral and written) of the public domain, within the Jurisdiction of Niagara Falls, be in English, and that no public office, business or institution be obliged to acknowledge any correspondence not in the official working language. The motion was Defeated with the following recorded vote: Mayor Smeaton NAYE Alderman Cheesman NAYE Alderman Cowan AYE: Alderman Cummings AYE Alderman Harrington NAYE Alderman Hinsperger AYE Alderman Hopkins NAYE Alderman Janvary NAYE Alderman Puttick NAYE Alderman Sherat AYE Alderman Ward NAYE ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that Report No. C-89-23, and the communications be received and filed. Carried Unanimously. His Worship Mayor Smeaton declared a 5 minute recess at 9:45 p.m. Following the recess, Council reconvened for the balance of the meeting. TELEPHONE EXC~E CH~ES IN WARDS 3 ~ 4 - Report No. CD-89-24 - Chief Administrative Officer - Re: Telephone Exchange Changes in Wards 3 and 4 (COUNCIL 1989 03 20). The report provides background information regarding a delegation of citizens who were opposed to the proposed subject changes, provides information regarding action taken in this matter, and recommends that this report be received and filed for the information of Council. Alderman Hinsperger declared a conflict of interest because he is employed by the company. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. BY-LAW NO. 88-309 (STOOP & SCOOP) - Report No. R-89-15 - Chief Administrative Officer - Re: By-law No. 88-309 (Stoop and Scoop) (COUNCIL 1988 12 12). The report recommends that no additional parks be added to the list on Schedule "A" of By-law 88-309, at this time, until Council and Staff have had the opportunity to evaluate the effects of the By-law on the parks listed on Schedule "A" (attached). ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Report No. Hg-89-78 - C~ief Administrative Officer - Re: Dorchester Road Sewer Repairs (COUNCIL 1989 04 17). The report recommends that the firm of Trow Associates Limited be engaged to carry out geotechnical investigations and recommend remedial design measures for the Dorchester Road sewer repair project. - AND - Coseunication No. 194 - Regional Niagara Public Works Deportseat - Re: Niagara Road 104 (Dorchester Road) Pavement Settlements at Cherrygrove Road Intersection. The communication refers to the hazardous condition and instabil- ity of soil underlying the pavement on Dorchester Road, damage to motor vehicles, and the necessity of closing the above named section of the road; advises that the costs of the repair be charged to the City of Niagara Fallsl requests that the City proceed with remedial action to the existing sewer, investigate and identify other locations reapacting damaged sewer line immediately. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted, and the communication be received and filed. Carried Unanimously. -4- COMMUNICATIONS No. 195 - Benny Trendle, President, Willoughby Volunteer Fire Departcent - Re: Annual Carnival - Saturday, July 15th, 1989, Firehall grounds, 11208 Sodom Road. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Willoughby Volunteer Fire Department in conjunction with their Annual Carnival, to be held on July 15th, 19B9, at 11208 Sodom Road, subject to the approval of the Regional Police Department, the Niagara Falls Fire Depart- ment, the Regional Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 196 - Gary No Zalot, Executive Director, Niagara District Health Council - Re: "Profile of Health in Niagara". The communication attaches the afore- mentioned report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Social Planning Council for information. Carried Unanimously. No. 197 - Regional Niagara Public Works Department - Re: Additional Sludge Transfer Facility to Service Port Weller, Port Dalhouste and the future Niagara- on-the-Lake Water Pollution Control Plants, Class Environmental Assessment. The communication advises of a Public Information Centre at the Niagara Falls Public Library on May 16th, 1989, 7:00 p.m. to 9:00 p.m. regarding the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be referred to Staff. Carried Unanimously. No. 198 - C. Robert Smith, Reeve, Tbe Tommshlp of South Crosby - Re: Provincial Funding. The communication requests the endorsement of a resolution petitionlug the Province to increase funds by 5% for the 1989 Unconditional Grant Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the resolution be endorsed. Carried Unanimously. No. 199 - Freda J. Sinnige, Secretarys The Royal Canadian Legion (Branch 51) -Re: Ontario Provincial Command 36th Biennial Convention - May 14 to 18, 1989. The communication requests a Parade Permit for Sunday, May 14th, 1989~ Alderman Ward declared a conflict of interest because he is a member of Branch 51. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the request be granted subject to the approval of other authorities. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 260 - Frank Nassard, Sub-Committee C~nalrman, The Royal Canadian E~gion (Brmmch 51) - Re: Proclamation. The communication requests that May 14th to 18th~ 1989, be proclaimed "Welcome to Ontario Command Legionunites" week. Alderman Ward declared a conflict of interest because he is a member of Branch 51. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the request be approved subject to established policy. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others votin~ in fayour. No. 201 - ]inns Cotfield, Chairmen, Downtown Niagara Falls Board of Management - Re: Appointments to the Board. The communication asks Council to pass a resolution approving the appointments of Hr, Dick Roger, and Nr, Joseph Henderson, to complete the terms of office of Mr, Don Cartel and Agnus Hung, members of the Board who have resigned, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the request be approvedo Carried Unanimously. - 5 - No. 202 - Harry J. Somerville, Presidents Chippawa Herchants Jr. 'C' Hockey Club - Re: 1988-89 Hockey Season. The communication expresses appreciation to Council and Staff. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed, and a copy forwarded to the Recreation Department. Carried Unanimously. REPORTS B-89-31 - Chief Administrative Officer - Re: Chippawa O.N.I.P. Parking. The report recommends that City Council authorize the calling of tenders for improvement to Laura Secord Place, which will include the provision for additional parking spaces. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. B-89-32 - Chief Adeinistrative Officer - Re: Site Plan Approval - Proposed Extension to Existing Metal & Steel Fabricating Shop; 1255 McKenney Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed extension to an industrial building, and the site plan being drawing number P.I. and filed with the Buildings end Inspections Department of the City of Niagara Falls on April 24th, 1989, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Cowan, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously.. B-89-34 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Parking Structure Extension; Oakes Inn, Buchanan Avenue AM-9-87, By-law 88-133. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed parking structure extension, and the parking layout plan being drawing Number S4, and the concrete steel detail plan being drawing Number S3 and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 6th, 1989, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Htnsperger, seconded hy Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-89-35 - Chief Administrative Officer - Re: Amendment to By-law 76-60. The report recommends that City Council approve an amendment to Schedule "A" of By-Law 76-60, to increase the fees for the various classes of permits relating to building matters. (Copies of existing and proposed schedule of fees are attached). ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-110. (~)-89-25 - ~ef Administrative Officer - Re: Proposed Plan of Subdivision Bonato Estates - File No. 26T-88036 - Owners: Angelo and Ltvia Bonato. The report recommends that the City Clerk be authorized to process the application for the Bonato Estates Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. His Worship Mayor Smeaton declared that this was a Public Meeting for the purposes of reviewing the proposed plan of subdivision and explained the traditional procedure. Mr. Angelo Bonatos and hie agent, Mr. J.L. Nicoletti, Solicitor, were in attendance. Mr. Nicolettt discussed the subject property and explained the details of the proposed development. There was a negative response to Mayor Smeaton's request for comments from persons interested in the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. ..i S-89-08 - Chief Administrative Officer - Re: Exchange of City-Owned Laneway for Road Widening on McGrail Avenue. The report recommends the following: 1) That the by-law appearing on this evening's ageride to authorize an Application to a District Court Judge for the closing of that part of the City Laneway shown as Parts 3, 4, 6 and 7 on the attached draft reference plan, be passed; 2) That the by-law appearing on this evening's agenda to authorize the conveyance of the part of the laneway, referred to in Recommendation No. 1 above, to Rosy O'Grady's Inn Limited in exchange for a conveyance from the aforesaid company to the City, of the land shown as Parts 2 and 8 on the draft reference plan attached hereto, for the future widening of McGrail Avenue, is hereby approved and authorized. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-112, and By-law No. 89-113. FD-89-72 - Chief Ad~nistrative Officer - Re: Street Name Committee, Name Change Request, Portion of Warden Avenue to Harovics Lane. The report recommends that Council authorize the City Clerk to proceed with the required notification and public meeting to consider the name change of Warden Avenues north of Dunn Street, to Marcyits Lane. ORDERED on the motion of Alderman Cowan, seconded by Aldermen Janvary, that the report be received and adopted. Carried Unanimously. PD-89-13 - Chief Adainistrative Officer - Re: Official Plan Amendment 174 and Zoning Amendment Application AM-28/88, Pt. ~p. Lot 174, North-east Corner McLeod and Kalar Roads. The report recommends that Council approve the by-law for lands located on the north-east corner of McLeod and Kalar Roads in accord- ance with the recently approved Official Plan policy changes which were enacted for this area. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law Me. 89-108, and By-law No. 89-109. R-89-17 - Chief Administrative Officer - Re: Morrison Street Extension - Optimist Club. The report recoumaends that Council approve in principle, the conveyance of the westerly portion of Morrison Street, to the Niagara Falls Optimist Club, as indicated on the attached plan. It is further recommended that Staff investigate the details and report back to City Council. A brief discussion followed regarding an east/west route through the City, in this area. ORDERED on the motion of Alderman CumminSs, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. F-89-23 - Finance Coselites- Rex Y.H.C.A. Mortgage. The report recommends that Council pass the appropriate by-law appearing on this evening's ageadd authorizing the City to loan the Y.N.C.A. $305,000.00, to be secured by way of a mortgage on the land and building owned by the Y.N.C.A. ORDERED on the motion of Alderman Cummings, seconded by Alderman Wards that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Cowan, Cummings, Hinsperger, Hopkins, qanvary, Puttick, Sherat and Ward. NAYEz Alderman HarrinSton. See By-law No. 89-111. Ng-[A - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,389,626.37 for the period ending Ray 1, 1989, he approved by the passing of the by-law appearing later on the agenda, Alderman Chessman declared a conflict of interest on Cheque No. 41109 because he has a business interest; and a conflict of interest on Cheque No. 41192 because his wife is employed by the Board. Alderman Uinsperger declared a conflict of interest on Cheque No. 41102 because he is employed by the company. Alderman Ward declared a conflict of interest on Cheque Nos. 41170 and 41201 because he has a business relationship. Additional information was provided on Cheque No,. 41168, 41193, 41209, 41222 and 41252. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Chessman, Hinsperger and Ward abstaining from the vote'on Cheque Nos. 41109, 41192, 41102, 41170 and 41201 respectively, on conflicts of interest previously recorded; with Alderman Puttick voting contrary on Cheque No. 411881 and with all others voting in favour. See By-law No. 8~-115. C-89-24 (ltANDOUT) - Chief Administrative Officer - Re: Gold Lion Development Corporation - Approval of Leases. The report recommends that the City of Niagara Falls approve a lease of properties known as Lots 21 and 22, Plan M-67 to Penn Oxygen Limited and Keel Fire Limited, the said approval being required by the covenants contained in the original conveyance of the subject properties from the City to Gold Lion Development Corporation. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously.. RESOLUTION No. 39 - HOPKINS - 8U/~IMGS - RESOLVED that a message of condolence be forwarded to the family of the late Carolyn McPherson, a 103 years old, highly respected member of the community; and wife of former City of Niagara Falls Streets Department Superintendent, John McPherson; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-108 - A by-law to amend By-law No. 79-200, as amended. (AM-28/88, City of Niagara Falls Non-Profit Housing Corporation, north side of McLeod Rd., east of Kalar Rd.; Report PU-a8-117 approved by Council August 8th, 1988). No. 89-109 - 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 sub,action 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 89-110 No. 89-111 - A by-law to amend By-law No. 76-60, as amended, being a by-law respecting buildings and building permits. - A by-law to authorize a grant to the Young Men's Christian Association of Greater Niagara. No. 89-112 - A by-law to authorize an application for the closing of part of the lane between Magdalen Street and Centre Street. No, 89-113 - A by-law to authorize an exchange of land with Rosy O'Grady's Inn Limited. No. 89-114 NO. 89-115 - A by-law to authorize agreements concerning the addition and alterations to the Coronation Recreation Centre. - A by-law to provide monies for general purposes. -8- The motion Carried with Alderman Harrtngton voting contrary on By-law No. 89-111 as previously recorded under Report No. F-89-23; with Aldermen Chessmans ginsperger and Ward abstainina from the vote on By-law No. 89-115, on conflicts of interest previously recorded under Report No. F-89-24; with Alderman Patrick voting contrary on By-law No. 89-115 as previously recorded under Report No. F-89-24; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-108 - A by-law to amend By-law No. 79-200, as amended. No. 89-109 - 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. No, 89-118 - A by-law to amend By-law No. 76-60, as amended, being a by-law respecting buildings and building permits. 89-111 - A by-law to authorize a grant to the Young Men's Christian Association of Greater Niagara. 89-112 - A by-law to authorize an application for the closing of part of the lane between Magdalen Street and Centre Street. No, 89-113 - A by-law to authorize an exchange of hnd with Rosy O'Grady's Inn Limited· No. 89-114 - A by-law to authorize agreements concerning the addition and alterations to the Coronation Recreation Centre. No. 89-115 - A by-law to provide monies for general purposes. The motion Carried with Alderman Harrfmgton voting contrary on By-law 89-111 as previously recorded; with Aldermen theeamen, Niusperger and Ward abstaining from the vote on By-law No, 89-115 a8 previously recorded; with Alderman Puttick voting contrary on By-law No, 89-115 as previously recorded; and wlth all others voting fn favour. NEW BUSINESS Meleeme- Mrs. Paul J, Brennan- His Worship Mayor Smeaton welcomed Mrs. Brennan, wife of the City Clerk, to the Council meeting, ; Closure - Second Avenue - In response to questions rntsed by Alderman Cummings, the Dlrector of Municipal Works stated that as a result of the construction on Victoria Avenue, and a request by the Ministry of Transports the official closure of Second Avenue was being moved forward. Blossom Festival ~ Alderman Cummings advised that the Blossom Festival Parade was scheduled for Saturday, Nay 6th, 1989s that it was the 30th Anniversary of the Parade, and was being dedicated to the memory of the late Mr. Ken Wellington. Alderman Cummings urged Council Members to participate in the events on Saturday and the events scheduled for the balance of the Blossom Festival, He distributed Blossom Festival caps to Members of Council and Staff. Alderman Cummings advised that the Niagara Promotion Association had received confirmation that the City of Niagara Falls, New Yorks would not be participating in the "Tug-of-War' this year, Me further advised that there . would be TV coverage of the Festival throughout North America. Alderman Ward stated that he would ha riding with the Honourable Vlnce Kerrlos N,P,P, in the Parade, -9- 1m9-89-73 - OPA 170 & Zoning Amendment AN-28/88 - Alderman Patrick referred to the subject report, which had been adopted earlier this evening· In response to questions raised, Alderman Ward provided information regarding adjoining land owners. VIA Rail Meetin~- In response to questions raised by Alderman Harrington, Alderman Janvary advised that the meeting with VIA Rail was scheduled for May 5th, 1989 at 10:00 a.m. in CommftCee Room No. 1. ITEMS OF CONCERN: Late Night Council Meetlugs - Alderman Herrington expressed concern regarding Council meetings continuing to a late hour· Council Handouts - Alderman Sherat expressed concern respecting Council handouts. It was moved by Alderman Patrick, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, TWENTY-THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #1 May 8, 1989 Council met on Monday~ May 8th, 1989, at 7:15 p.m., in Committee of the Whole. All members of Council were present. Alderman Cheesman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~PTED, / ~/~~~ CITY CLERK REGULAR MEETING Council Chambers May 8, 1989 Council met on Monday, May 8th, 1989, 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. ADOPTION OF MINUTES Alderman Campbell declared a conflict of interest on the minutes of May 1st, 1989, Report No. F-89-23 and By-law No. 89-111, because the organization is a client. Alderman Ward asked that the minutes of the meeting be amended to read that the Clerk reviewed "the handout communications from Mr. Rob Nicholson, M.P., Dick & Margaret McLeod and Dr. & Mrs. George E. Burgman". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the minutes of the meeting held May 1st, 1989, be adopted as amended. Carried Unanimously. WELCOME His Worship Mayor Smeaton welcomed Mr. Jim Bearsss husband of the late former Alderman Emma Bearss, to the meeting. PRESENTATION - PAINTINGS Alderman Hopkins referred to paintings of the late Samuel Zimmerman, Founder of Niagara Fallss and Margaret Anne Woodruff his wife, being displayed in the Council Chambers. It was suggested that the paintings~ on loan from the Lundy's Lane Historical Museums be displayed in an appropriate place in City Hall for a few months. DEPUTATIONS Co~-untcation No. 203 - fly McGuigan - Re: City Tenders. The communication requests permission to address Councll regarding the subject matter, Mr. McGuigan discussed his concerns regarding the procedure for tenders in the City, Mayor Smeatons the Chief Administrative Officer and the Director of Buildings & Inspections responded to questions raised and explained the different procedures for tenders and quotations in connection with the R,R,A,P. program, The Director of Buildings & Inspections advised that the enforcement officers were qualified under the Ontario Plumbing Code regulations, His Worship Mayor Smeaton asked that Mr. McGuigan address specific problems to his offices in writings for investigation, 2 OVI~LO~DEI) TRUiX8 IN RURAL AREA- His Worship Mayor Smeaton advised that a report had been received and filed at the Municipal Works Committee meeting held earlier this evening, that Ms. Dawn Kent had been in attendance, and that no action would be taken at this time, with the exception of a request to the Regional Police to be alert to the situation during the spring thaw. N~WS ARTICLE - LANGUAGE RIGHTS - Cossunication No. 204 - Joseph Joy, President of P.E.A.C.E. - Re: Language Rights. The communication'requests permission to address Council regarding articles which had appeared in the Welland Newspaper subsequent to Council's decision ~qt tg.~eclare Niagara Falls Unilingual English. His Worship Mayor Smeaton advised that Mr. Joy had been unable to attend this meeting because of illness. COMMUNICATIONS NO. 205 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality, Monthly Report for March 1989. The communication attaches Report DEP-2928 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 206 - Winston Auld, Longue Clmirmau, Niagara Falls Men'8 Fastball Association - Re: Annual Tourney - July 13 - 16, 1989, at Ker Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Falls Men's Fastball Association in conjunction with their Annual Tourney, to be held July 13th, 14th, 15th and 16th, 1989, at Ker Park, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Beard of Ontario. Carried Unanimously. No. 207A - Glennis Elliotts Secretary, Preserving English Asongst Canadians Everywhere (P.E.A.C.E.) - Re: "Parade of Pride" - Saturday, May 20th, 1989. The communication requests a Parade Permit for the event. - AND - No. 207B (HANDO[Fr) - Glennis Elliott - Re: P.E.A.C.E. Parade. The communication provides information regarding a change in the parade route. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be granted, subject to the approval of the Police and the Region, · and at no cost to the City. Carried Unanimously. No. 208 - Barbara Balm, Director of Fund Raising, Niagara Falls Kinsmen Ringerrs (N.F.K.R,) - Re: Mammoth Bingo. The communication requests a revision of the bingo lottery policy to allow an additional Mammoth Bingo this year for the group. Aldermen Cummings, Hopkins and Ward declared conflicts of interest because' they are members of organizations which conduct biugos. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the communication be referred to Staff. The motion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. No. 209 - Association of Nonieipalities of Ontario (ANO) - Re: 1989 ANO Annual Conference - August 20th to 23rd, 1989~ Toronto. The communication provides information regarding the Conference, It was suggested that members of Council wishing to attend should contact the Clerk. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that ~r[~ntar~fml~s{~.es for four Aldermen be forwarded to AM0 for the Conference. -3- A brief discussion followed, regarding the possibility of a conflict of interest, in connection with land transactions, with respect to Municipal employees. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the matter be referred to Staff to investigate and draft a resolution to be presented to A.M.O. The motion .~rried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Puttick, Shetar and Ward. NAYE: Alderman Chessman. No. 210 - G,N, Mclunes, Principal, Cherrywood Acres School - Re: Walkway Adjacent to Cherrywood Acres Public School from Pettit Avenue to Towers. The communication expresses concern regarding motorcycles and snowmobiles using the walkway. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be referred to Staff for a report. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Puttick and Sherat. NAYE: Aldermen Orr and Ward. No. 211 - Paul Renniek, Chairman, Siting Task Force - Re: Low-Level Radioactive Waste Management - Phase Two of Siting Process. The communication provides a summary of actions taken and asks that any comments be forwarded prior to June 15th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Environmental Committee. Carried Unanimously. No. 212 - The Corporation of The To~n of Oakvilla - Re: Impact of Road Cuts on Urban Streets. The communication asks Council to endorse a resolution requesting the Province "to establish a surcharge for road cuts to be set aside into a special fund for the purposes of repaying of streets". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for a report. Carried Unanimously. REPORTS B-89-36 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Contractor's Shop, 6551Frederica Street; Committee of Adjustment A-25/89. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed contractor's shop and the site plan being drawing Number SP-1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 27, 1989, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Hiusperger, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unan~ouslF. B-89-37 - Chief Adaluistrative Officer - Re: Sign Application - Super 8 Lodge - 5706 Ferry Street. The report recommends that City Council approve an application for two wall signs, having a combined area of 422 square feet, for the Super 8 Lodge Hotel~ on the west and east sides of the building on Ferry Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslF. B-89-38 - Chief Adsinistrative Officer - Re: 1988 Permit Statistics - Buildings & Inspections. The report attaches the subject report and recommends that the report be received for the information of Council. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Hiusperger~ that the report be received and adopted· Carried Unanimousl~. -4- 1~89-07 - Chief Administrative Officer - Re: Workplace Hazardous Material Information System (WHMIS). The report recommends that the WHMIS Plan, outlined in this report, be approved by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. P-89-08 - Chief Administrative Officer - Re: Appointment of Deputy Fire Chief. The report recommends that Council pass the by-law appearing on tonight*s agenda, providing for the appointment of Mr. Peter Cotfield as Deputy Fire Chief for the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-119. 1q)-89-74 - Chief Administrative Officer - Re: Regional Policy Plan Amendment 37 Italo-Canadiau Centennial Club, North-east Corner, Intersection of Lundy's Lane & Thorold Townline Road. The report recommends the following: 1) 2) 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 a recreation complex on lands designated for Agricultural purposes; and That the City hold the application fees for amendments to the Official Plan and Zoning By-law until the Region makes its decision on the proposed Policy Plan amendment. that the report be received and adopted. vote: ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, The motion Carried with the following AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinspergers Hopkins, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman Cowan. PD-89-75 - Chief Administrative Officer - Re: Revisions to the Planning Act 1983. The report provides information regarding revisions to the Planning Act 1983 for the information of Council. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimously. NW-89-81 - Nunlctpal Puking Cossittee - Re: Municipal Parking Committee Terms of Reference and Policy. The report recommends the following: i 1) That the Terms of Reference for the Municipal Parking Committee be amended to include a representative from the Chamber of Commerce; and 2) That Policy Number 100.5 of the City of Niagara Falls Policy and Procedural Manual be amended accordingly. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. Alderman Cowan. MW-89-83 - Chief Adsimistrative Officer - Re: 1989 New Equipment. Purchase of City Vehicles, The report recommends the following: l) That Staff be authorized to purchase the various pieces of equipment described in Appendix "A" from the bidders outlined, having a total value of $763,912.49; 2) ,, That the purchase of Item #11 High Pressure Sewer Cleaning Vehicle not be · purchased at this time, pending a further report from Staff. -5- Alderman Puttick declared a conflict of interest with Item Nos. 2, 3, 8 and 10, because he has a business interest. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted, with the exception of Item Nos. 7, 9 and 12. The motion Carried with Alderman Puttick abstaining from the vote on Items Nos. 2, 3, 8 and 10, and with all others voting in layout. - AND - Item No. 7 - ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, that the unit prices submitted by Archer Truck Service, in the amount of $148,530.24, for (2) 1990 Model Trucks, Cab and Chassis 5-6 C.Y. Frink 85 Spreaders with Power Snowplow and Wing, be accepted. Carried Unanimously. - AND - Item No. 9 - ORDERED on the motion of Alderman Gheesman, seconded by Alderman Ward, that Item No. 9, (1) 1989 Model 16,050 LB GVW Truck Dual Wheels Model 15 Haul-All with Hyd. Door & Vacuum Mounted, be referred to Staff for a report in one week. Carried Unanimously. - AND - Item No. 12 - ORDERED on the motion of Alderman Ward, seconded by Alderman Cheesman, that Item No. 12, (1) Latest Model Diesel Rubber Tire Loader & Backhoe (fully operational and mounted) be referred to Staff for a report. Carrie~ Unanimously. Mg-89-84 - Chief Administrative Officer - Re: Tenders for Asphalt, Stone and Concrete. The report recommends that the supply of the materials listed in the report be awarded as outlined on the Tender Summary. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, with the exception of Item Nos. 3 & 4. Carried Unanimously. - AND - ItemNo. 3 - ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that Item No. 3, Asphalt Cold Patch, be referred to Staff for a further report. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. NAYE: Alderman Orr. - AND - Item No. 4 - ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the unit prices submitted by Ridgemount Quarries, Queenston Quarries and Walker Brothers, in the amount of $7.00, for 5/8" Crushed Gravel or Stone - Class A, be accepted. The motion ~arried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Aldermen Cheesman and Puttick. MW-89-85 - Chief Administrative Officer - Re: 1989 Tenders 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 equipment rate for equipment available and suitable, when required for City operations. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. F-89-25 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,526,590.15 for the period ending May 8th, 1989, be approved by the passing of the by-law appearing later on the agenda. , -6- Alderman Campbell declared a conflict of interest on Cheque Nos. 41260 and 41440 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 41298 because he has a business relationship. Alderman Cummings declared a conflict of interest on Cheque No. 41388 because his wife is employed with the organization. Alderman Hinsperger declared a confllct of interest on Cheque Nos. 41288 and 41289 because he is employed with the company; and a conflict of interest on Cheque No. 41385 because he is a member of the organization. Alderman err declared a conflict of interest on Cheque No. 41382 because she is employed by the Board. Alderman Ward declared a conflict of interest on Cheque Nos. 41307, 41308 and 41309 because he is a member of the organization; and a conflict of interest on Cheque No. 41387 because he has a business relationship. Additional information was provided on Cheque Nos. 41289, 41306, 41307, 41363, 41379, 41393 and 41440. Further information was requested on Cheque No. 41306. It was noted that the explanation for Cheque No. 41379 should read "steam purchase Niagara Falls Arena", and that a further report would be submitted on this matter. ORDERED on the motion of Alderman Cowan, seconded by Alderman Cheesman, that the report be received end adopted. The motion Carried with Aldermen Campbell, Cheesman, Cummings, Hinsperger, err and Ward abstaining from the vote on Cheque Nos. 41260, 41440, 41298, 41388, 41288, 41289, 41385s 41382s 41307, 41308, 41309 and 41387 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 89-121. Alderman err retired from the meeting. RESOLUTIONS No. 40 - CUMMII~IS - COWAN - RESOLVED that the Corporation of the City of Niagara Palls accept the agreement of the General Accident Assurance Company to insure the liability assumed by this Resolution as follows: THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY: 1) ASSUMES THE LIABILITY FOR BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR DESTRUCTION OF PROPERTY OF OTHERSs IMPOSED BY LAW UPON: (a) Members of Council, Commissioners, Trustees, Board gembetas Statutory Officers, Officers, Employees or Volunteer Workers of the CORPORATION OF THE CITY OF NIAGARA FALLS for liability which arises out of the use or operation by such person of a licensed motor vefiicle; or (b) The owner of any licensed motor vehicles for liability which arises out of the use or operation of such licensed motor vehicle by Members of Councils Commissioners, Trustees, Board Memberss Statutory Officers, Officers, Employees or Volunteer Workers of the CORPORATION OF THE CITY OF NIAGARA FALLS; 2) DECLARES THAT SUCH ASSUMPTION OF LIABILITY BE SUBJECT TO THE FOLLOWING LIMITATIONS, EXCLUSIONS AND CONDITIONS: (a) This assumption of liability applies only to the use or operation of a licensed motor vehicle in Canada or the United States of America by Members of Councils Commissioners, Trustseas Board gembetas Statutory Officers, Officerag Employees or Volunteer Workers on behalf of the CORPORATION OF THE CITY OF NIAGARA FALLS including travel to and from work and attendance at meetingss and while acting within the scope of their duties; (b) This assumption of liability applies only in excess of existing insur- ance carried by the owner of the licensed motor vehicle which was being used or operated by Members of Councilss Commissioners~ Trustees~ Board Members~ Statutory Officerag 0fficerss Employees or Volunteer Workers at the time of the accident and does not apply unless the licensed motor vehicle which was being used or operated by such person at the time of the accident is insured for not less than the minimum third Party Liability Limit required by the Insurance Act for the Province of Ontario; -7- 2) (c) This assumption of liability is subject to the agreements, conditions, terms and limit of liability insured in the Non-Owned Automobile Policy issued by the GENERAL ACCIDENT ASSURANCE COMPANY and shall terminate whenever such Non-Owned Automobile Policy is terminated; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ~Y-LAWS ORDERED on the motion of Aldermen Cummings, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-118 No. 89-119 No. 89-120 No. 89-116 - A by-law to amend By-law No. 79-200, as amended. (AM-3/89 R. & P. Lachmans 5570 & 5578 Stanley Avenue; Report PD-89-46 approved by Council on March 13, 1989). No. 89-117 - 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-3/89 R. & P. Lachman, 5570 & 55789 Stanley Avenue). - A by-law to amend By-law No. 79-200, as amended. (AM-8/89 George Schneider Holdings Ltd., West side of gentrose Rd.; Report PD-89-65 approved by Council April 10s 1989). - A by-law to appoint Peter Wayne Cotfield, Deputy Fire Chief. - A by-law to authorize a subdivision agreement with Ascot Woods Ltd. and others respecting the Ascot Woods Extension 3 Plan of Subdivision. No. 89-121 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Chessman, Cummings~ Uinsperger, Orr and Ward ab~tatning from the vote on By-law No. 89-121s on conflicts of interest previously recorded under Report No. F-89-25; and with all others vottn~ in fayour. 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. 89-116 - A by-law to amend By-law No. 79-200, as amended. No. 89-117 - 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. 89-118 - A by-law to amend By-law No. 79-200s as amended. No, 89-119 - A by-law to appoint Peter Wayne Cotfield, Deputy Fire Chief. No. 89-120 - A by-law to authorize a subdivision agreement with Ascot Woods Ltd. and others respecting the Ascot Woods Extension 3 Plan of Subdivision. No. 89-121 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman~ Cummingss Hinsperger, err and Ward abstYning from the vote on By-law No. 89-121, on conflicts of interest previously recorded; and with all others voting in favour. -8- NEW BUSINESS ITEMS OF Info~aation lequests - Alderman Puttick suggested that a motion, made some years ago, which recommended that Aldermen direct all requests for information through the Chief Administra- tive Officer, be rescinded. ORDERED on the motion of Alderman Putticks seconded by Alderman Cheesman, that the motion be brought forward for consideration by Council. Carried Unanimously. Skateboard Br'la~ - Alderman Cheesman referred to concerns submitted to him by a resident of the community regarding enforcement of the skateboard by-law. He requested that the by-law be brought forward for the reconsiderscion of Council. Cendition - Niagara Falls Arena- Alderman Ward referred to a news item, written by Damten Cox, which appeared in the Toronto Star on May 2nd, 1989, regarding the Thunder Hockey Team and the condition of the Niagara Falls Arena. ORDERED on the motion of Alderman Wards seconded By Alderman Rinsperger, that a letter he forwarded to the Editor of the Toronto Stars from the Mayor's office~ requesting that the information concerning the Arena be corrected. It was further recommended that Staff submit a report on the status of the press box, with recommendations for renovations. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Herrington, Hinsperger, Hopkins, Janvarys Orr, and Ward. NAYE: Aldermen Chessmen, Cowan, Puttick and Sherat. M,m~-e SOCiety Board/Conflict of Interest - Alderman Herrington referred to a recent referral to the Attorney General with a request to investigate a conflict of interest on the Humane Society Hoard· Alderman Hinsperger explained that Vincent Barbarino was a member of the Humane Society, but not a member of the Boards that action was being taken to install him as a non-voting member of the Hoard. He further stated that charges were being investigated with a possibility of litigation in this matter. Dangerous Traffic Crossings - Alderman Campbell referred to a dangerous traffic problem in connection with the school crossing at Thorold Stone Road and St. James Avenue. His Worship Mayor Smeaton referred to a similar situation on Main Street at the Guaranty Trust Company. Mayor Smeaton indicated that he would refer these traffic matters to the Regional authoririses expressing the concerns of Council. load Conditions - Palmet Avenue - Alderman Cummings referred to a "massive hole" being present on Palmet Avenue during the week-ends and expressed concern that the road, which was under constructions had not been closed to traffic. The Director of Municipal Works indicated that he would investigate the matter, Fire l~partMt ~sseadetion- Alderman Puttick referred to a letter of commendation, written to Fire Chief Dave Kemp, subsequent to the life-saving efforts of the department in connection with a resident of the City. Mayor 8meaton was asked to send a letter of appreciation to the Fire Chief and the Fire Department. !Isndicapped I~ml - Alderman Janvary referred to the Canadian Wheelchair Rugby Championships held at Westlane Secondary School on May 6th and 7the 1989. Mayor 8meaton was asked to send a letter to Mr. Carl De Me1 and congratulate him and other participants for their 'success in the recent games. -9- Ontario Traffic COnferences Burlington - Alderman Campbell submitted an oral report with respect to his recent attendance at the Ontario Traffic Conference, and discussed traffic innovations in the Burlington area. He advised that the invitation of the City of Niagara Falls to hold the 1991 Ontario Traffic Conference in Niagara Falls, had been accepted. Niagara Falls HOCkey Teams - Alderman Cummings discussed the success of the Niagara Falls Thunder and Junior "B" Canucks in Participating in the Ontario finals during the past season. He asked that recognition and congratulations be forwarded to both Clubs from Mayor Smeaton's office. Blossom Festival Parade - Alderman Cummings discussed the success of the 30th Blossom Festival Parade, held on Saturday, May 6th, 1989. He stated that the parade included 28 Bands, as well as numerous Floats and TV coverage throughout North America. Alderman Cummings offered congratulations to the Niagara Promotion Association and City Staff for their Participation in this a successful event. It was moved by Alderman Puttick, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, \ TWENTY-FOURTH MEETING REGULAR MEETING Council Chambers May 15, 1989 Council met on Monday, May 15th, 1989, 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 Ward offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the minutes of the meeting held May 8th, 1989, be adopted as printed. Carried Unanimously. PRESENTATION PROPOSED NL~_GARA RIVER ~iDRO ELECTRIC D~YELOPNENT - Mr. David Grant~ Community Reiations Department, Ontario Hydro, reviewed a slide presentation with respect to the Niagara River Hydroelectric Development Project. He advised that the proposed development would increase the capacity for diversion of water from the Grass Island Pool, upstream from the Falls, and the hydroelectric generating capacity at the Sir Adam Beck generating station complex, near Queenston, permitting a more efficient use of water storage capacity. Mr. Grant discussed the proposed development schemes to be evaluated on the basis of cost, energy output, technical aspects, effects on the natural environment and local communities. His Worship Mayor Smeaton expressed appreciation to Mr. Grant for his submission. UNFINISHED BUSINESS SHRCg&~_GM FOR ROAD~TS TO BE SET ASIDE FOR REPAVING STRF~S - Cos~unieation No. 212 - The Corporation of the To~n of Oakvilla - Re: Surcharge for Road Cuts to be Set Aside for Repaying Streets (COUNCIL 1989 05 08). The communication asks Council to endorse e resolution requesting the Province to establish the above mentioned surcharge. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger~ that the communication be received and the resolution endorsed. Carried Unanimously. OIL SPILLS - UPPER NIAGARA RI~lm - Report No. tq1-89-03 - Chief Adsinistrative Officer - Re: 0il Spills - Upper Niagara River (COUNCIL 1989 04 03). The report provides information received from the Chief of Port Operations - U.S. Coast Guard, James Cummings, regarding emergency plans should an oil spill occur in Lake Erie; and recommends that this information report be received and filed. ORDERED on the motlon of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously~ 1989 NEg F~IIPH~fE PURClIASES - Report No. Ng-89-93 - Chief Adsiuistretive Officer - Re: 1989 New Equipment Purchases - Item Nos. 9 & 12, Report MW-89-83 (COUNCIL 1989 05 08). The report recommends that the recommendations of Staff in Report MW-89-83, to purchase Item #9 from Vquip Inc. for $50,738.40, and Item #12 from A.H. Van Camp Equipment for $42,210.72, be approved by Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. -2- COMMUNICATIONS No. 213 - Regional Niagara Public Works Department - Re: Improvements to Beaverdams Road & Townline Road, Cities of Niagara Falls & Thorold. The communication attaches a set of drawings indicating the improvements to be made to the above-mentioned intersection. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 214 - Regional Niagara Public Works Department - Re: Construction Progress Report to April 30, 1989. The communication attaches Report DEP-2937 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the commanication be received and filed. Carried Unanimously. No. 215 - N.L. Townsend, Director of Education, Niagara South Board of Education - Re: N.F.C.V.I. to Niagara Falls Secondary School. The communica- tion advises of the aforementioned change of name, as well as the naming of the school auditorium as Lord Elgin Auditorium, and asks Council to form a Joint commission with the Board to study the needs, prospects and Joint responsibility for the maintenance of the auditorium. Mayor Smeaton, and Aldermen Janvary and Sherat volunteered to participate on the proposed Committee. ORDERED on the motion of Alderman Sherat, seconded by Alderman Campbell, that a Committee be formed. Carried Unanimously. No. 216 - Ray Nagys Principal, St. Patrick School - Re: Parking Problems on First Avenue between Maple & Huron Streets. The communication provides informa- tion regarding the existing dangerous situations and asks that a "No Stopping" sign be located on the subject block. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the communication be referred to the Parking & Traffic Committee. Carried Unanimously. No. 211 - John P. Cshlll - Re: Road Condition - Fifth Avenue. The communication discusses concerns regarding the condition of Fifth Avenuep between Morrison and Maple Streets, and asks that the road be resurfaced at the specified section. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be referred to the Municipal Works Committee and that Mr. Cabill be invited to attend the meeting. Carried Unanimously. No. 218 (HANDOUT) - Janet Maddigna, Lioness, Chaire~__n of Hearing Clinic - Re: Proclamation. The communication advises that a Free Hearing Clinic is scheduled for Saturday, May 20th, 1989, at the Chippawn Lions Community Centre; and requests that May 20th, 1989, be proclaimed "Canadian Hearing Day". ORDERED on the motion of A/derman Campbell, seconded by Alderman Sherat, that the request be approved subject to established policy. Carried Unanimously. REPORTS R-89-18 - Re~reation Cons:salon- Re: Summer Ice Schedule. The report recommends that the attached schedule for the use of summer ice hourss at the Stamford Memorial Arena, be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. R-89-19 -AldersanJanvary- Rez Sports Wall of Fame. The report recommends that Council approve the following individuals to sit on the Executive Committee of the Niagara Falls Sports Wall of Fame: Mayor William S. Smeaton - Alderman Paisley Janvary - Alderman Ed Sherat - Kathy Pierson - Cathy Macdonald - Gerald Gibbs - Dick Marrington - Parks & Recreation Staff Member. Honorary Chairman; Executive Committee Chairperson; Director; Director; Era Chairman - Time up to 1950; Era Chairman 1950 - 1970; Era Chairman 1970 - 1990; -3- ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously~ PD-89-76 - Nayor's Cone:tree on Housing- Re: Sale of Surplus Municipal Lands. The report recommends the following: 1) That the Mayor's Committee on Housing indicate to City Council, its interest in having surplus Municipal land, suitable for residentiai devel- opment, made available for affordable housing purposes; 2) That the Municipal policy governing the Disposal of Municipal Property - Surplus Land, be revised accordingly. Mr. Gabe Mallouk provided background information regarding the Committee meeting. Following a lengthy discussion, it was moved by Alderman Chessman, seconded by Alderman Herrington, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Chessman, Harrtngton and Hopkins. NAYE: Aldermen Cowan, Cummings, Hinsperger, Janvary, 0rr, Puttick, Shetar and Ward. ORDERED on the motion of Alderman Ward, seconded by Alderman 0rr, that if and when Municipal surplus lands, suitable for residential purposes, become available, they be referred to Non-Profit Housing groups for comments. The motion Carrie___~dwith the following vote: AYE: Aldermen Campbell, Chessmane Harrington, Hopkins, Orrs Puttick, Shetar and Ward. NAYE: Aldermen Cowan, Cummings, Hinsperger and Janvary. Iq)-89-17 -Chief Adsinistrative Officer - Re: Proposed Agreement, Bernard & Susan Rotten - Consent Application B-162/89. The report recommends that Council adopt the by-law to authorize the execution of an agreement with Bernard & Susan Rotten, as well as the release of the agreement, once the conditions of the agreement are complied with. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-127. PD-89-Y8 - Chief Administrative Officer - Re: Deborah Myers' Severance, 5990 Lyou's Creek Road; Files; B-226/89 and AM-43/87. The report recommends the following: 1> 2> Hinsperger, that the report be received and adopted. That, provided City Council is satisfied that moving the line of severance westerly is not warranted for the protection of Lyon's Creek and the wetlands, the Regional Land Division Committee should be advised that the relocation of the proposed line of severance is no longer necessary and there are no objections to issuing a severance as originally submitted; · That the property owners be advised of City Councll's decision. ORDERED on the motion of Alderman Campbell, seconded by Alderman Carried Unanimously. PD-89-79 - Chief Administrative Officer - Re: Progress Report on Planned Environment Week Activities. The report recommends the following: 1) That Council proclaim "World Environment Day" as June 5, 1989; 2) That Council members consider participating in the Environment Week activities outlined in this report and planned for Niagara Environment Day, June 3rd, 1989; and 3) Tha~ Council provide City Staff with the approval to place a banner over top of a street advertising Niagara Environment Day, subject to the approval of Niagara Falls Hydro and Regional Niagaras if required. . 4 ORDERED on the motion of Alderman Cummings, seconded by Atderman Janvary, that the report be received and adopted. Carried Unanimously. PD-89-81 - Chief Administrative Officer - Re: Expansion of the Region's Sludge Transfer Facility on Chippawn Creek Road. The report recommends that Council note, that if members wish to provide comments to the Region regarding the proposed expansion of the Niagara Falls sewage sludge transfer facility, an opportunity is provided at the May 16, 1989, 7:00 p.m. to 9:00 p.m., public information session at the Niagara Falls Public Library, on Victoria Avenue. His Worship Mayor Smeaton welcomed Mr. Con Eidt, Director of Engineering, Regional Municipality of Niagara, to the meeting. Mr. Eidt explained the requirements of the Ministry of the Environment regarding the facility, and advised that, although two other sites were being considered, this was the preferred site. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report he received end adopted. Carried Unanimously. CD-89-26 - Chief Administrative Officer - Re: Interim Report - City Owned Properties. The report recommends the following: 1) That Staff proceed with the necessary steps to dispose of the six vacant properties acquired by the City through the Tax Registration process and listed as Items 2, 3, 4, 5, 13 and 14 on Appendix '~" of this report; 2) That the Municipality retain those properties shown on Appendix "A" of this report. Their disposal at the present time would be premature because of the use of the properties for future Municipal purposes, i.e., roadways, storm sewer outlets, parks, or in the case of the lots in the Wavefly Heights/Alexander Park subdivision, premature development; s) That environmental tests be conducted on the 25+ acre parcel of land located on the east side of Moatrose Road, north of geLcod Road, being the former "Kinsmen Park", prior to determining the future use of the land. (Thin Property was declared surplus to the City'a needs in a report to Council dated February 27, 1989). Sketch attached - Appendix "C"; 4) That Lots 72, 74, 76 and 78, Plan 251, Bridgewater Street, in the former Village of Chippawn, be retained primarily because of the development freeze now in effect in the subject area. In addition, consideration should be given to the possible use of these lots in conjunction with surrounding Hydro lands. Sketch - Appendix "D"; 5) That Lot 127, Rag. Plan 226, Hawkins Street, be offered for sale on the open market. Sketch attached - Appendix "E"; 6) That City Staff complete a review of the 8 street ends as outlined on Appendix "F" of this report, to determine if they are surplus to the City's needs, and that a further report be presented to Council as to those which may be conveyed, and which may be offered for sale, firstlye to the abutting owners; 7) That an in-depth study be made of each of the properties from the small group of lands categorized as "Residual Lands", to determine the circum- stances under which the property was acquired, if any covenants regarding the disposal or its use are contained in the original deed, and whether the property can be declared surplus to the Clty's needs and be offered for sale on the open market, ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. C~-89-27 - Chief AdainistrativeOffieer - Re: Proposed Plan of Subdivision Mount Carmel North; File No. 26T-89009; Owner: Karen Ann DeGiorgio, The report recommends that the City Clerk be authorized to process the application for the Mount Carmel North Subdivision and that a report be prepared for Counell's further consideration of this plan, based on technical information received, public inputsetc, -5 - His Worship Mayor Smeaton explained the traditional procedure to be followed in this public meeting. Mr. Brfan Sinclair, Solicitor for the applicant, reviewed the proposal and compatibility with the adjacent subdivision, Mount Carmel Subdivision Phase II, on the south side of the subject property; discussed lot sizes; and responded to questions raised. Mr. Peter Grandoni and Miss Jean Grandoni expressed their concerns in terms of drainages the possibility of weeping tile being connected to sanitary sewers, and storm water management. Miss Grandoni suggested that this subdivision was premature prior to information being received regarding road patterns in Mount Carmel Phase II. Mr. Grandoni was assured that the weeping tiles would not be connected to the sanitary sewers in this subdivision. Miss Grandout was advised that concerns with respect to the road outlet would be addressed through the process. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report be received and adopted. Carried Unanimously_. CD-89-28 (REVISED) - Chief Administrative Officer - Proposed Plan of Subdivision "Mount Carmel Phase II"; Owner: River Realty Development (1976) Inc.; File No. 26T-88027. The report recommends that the "Mount Carmel Phase II Subdivision" be approved, subject to the conditions enumerated in this report. Items Nee. 19, 21, 22 and 32 in the Conditions of Approval, Report No. CD-89-28, were discusseds with respect to the necessity for and the possibility of installing sump pumps, the separation of sanitary and storm sewers, the sale of the lots in the subdivisions noise barrier installation, proposed parklands and the possibility of playground equipment being included as a requirement in the subdivision agreement. Mr. Con Eidt, Director of Engineering, Regional Municipality of Niagara, stated that the Kalar Road pumping station provided ample capacity to handle the sewage flow from the proposed subdivision and other proposed subdivisions in this drainage area, to an ultimate population of 12,000 persons. He further advised that there was no overflow facility provided at this pumping station, and therefore, high flows in the sewage system would hack-up into basements. Mr. Ling Rossi, 5491 Robinson Street, discussed the following concerns: Shriner's Creek storm water management (Item No. 21), and flood protection in the subject area; drainage difficulties in connection with the W-5-3 watercourse; funding required from expansion and renewal funds for works on the drainage courses; The Director of Municipal Works advised that there was sufficient funding in the expansion and renewal funds to supply oversizing and to accommodate the Mount Ca~mel subdivision as well as the W-5-3. Mr. Ling Rossi indicated that he did not have a major opposition to the proposal, and that any further concerns could be addressed in the process. Aldermen Orr retired from the meeting. Mr. Peter Grandoui, 4810 Garner Road, discussed concerns with respect to the size of the storm sewer along Kaler Road. The Director of Municipal Works advised that this was a local sewer, was not oversize, and that the storm sewer being constructed in conjunction with Mount Carmel Phase II would not be used to drain into the Shriuer's Creek watercourse. He further advised that there was no intention of diverting any of the waters, and that anything north of the waterway would be going into the Ten Mile Creek system. Mr. Grandoni expressed great concern with the possibility of any diversion of the Ten Mile Creek or water north of it into the Shriner's Creek system; and discussed his concerns with regard to the woodlot, grading of the banks, steps taken to minimize soil erosion, and fertilizer entering the creek. Miss Jean Grandoni, 4810 Garner Road, discussed contradictory information in letters from the Region regarding the Kalar Road pumping stations referred to overflows east of the Q.E.W., and suggested that approval of the proposed subdivision was premature. The Director of Municipal Works adviaed that the anewera to many concerns raised would be contained in the environmental study being conducted. 6 Mr. Stewart A. Branscombe, River Realty Development Inc., Save assurance that the weeping tiles in the proposed subdivision would be connected to storm laterals and that sump pumps, if required, would be installed. He referred to an agreement between City Staff and River Realty that the City would be responsible for Item No, 26; and expressed agreement with ltem No, 27, the installation of a fence, both contained in the revised Report No, 89-28. Mr, Branscombe stated that a letter had recently been received from the Ministry of the Environment with the information that the Ministry would not require a noise attenuation barrier on Lot No, 1 in the proposed development. Following further discussion, it was moved by Alderman Ward, seconded by Alderman Campbell, that the City be responsible for Item No. 26. Carried Unanimously. It was moved by Alderman Ward, seconded by Alderman Campbell, that Item No. 27 be withdrawn. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cunnnings, Harrington and Ward. NAYE: Aldermen theesmart, Cower, Hinsperger, Hopkins, Janvary, Puttick and Sherat. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Sherat, that approval be granted to proceed past 11:00 p.m. The motion Carried with the following vote: ' AYE: Aldermen Campbell, theesmart, rowan, Cummings, Minsperger, Hopkins, Janvary, Puttick, Sherat and Ward. NAYE: Alderman Harriugton. Alderman Harrington retired from the meeting. S-89-09 - Chief Adadnintrative Officer - Re: Stopping Up, Closing and Sale of Road Allowance Between ~p, Lot 9 & Gore Lot 10, of the Former Twp, of Stamford, now in the City of Niagara Falls. The report recommends that Council pass the by-law appearing on tonight's ageads to authorize the stopping up and closing and sale of part of the original road allowance between Township Lot 9 and Gore Lot No. 10 of the former Township of Stamford, now in the City of Niagara Falls, after first hearing any person who claims that his land will be preJudicially affected by the by-law, and who applies to be heard. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-124. B-89-39 - Chief Adalulatrative Officer - Re: The Buildings & Inspections Department Report for April 1989. The report provides information regarding Permits Issued and Highlights for April 1989, aa well as May Proposals, and recommends that this report be received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. N~-~9-90 - Chief Adsinistrati~eOffieer - Re: Quotation for Tree Trimming and Insect Control, The report recommends the following: l) That Davey Tree Experts be retained at a price of $72.00 per hour-for tree trimming services; and 2) That Davey Tree Experts be retained at a cost of $83.00 per hour for spraying of gypsy moth and other tree infested insects. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. -7- MW-89-94 - Municipal Works Coattee - Re: Committee Reports. The report recommends the following: 1) MW-89-g2, Winter Maintenance Costs - It is recommended that this report be received and filed for information. 2) M~-89-87, Subdivision Development Policy Review: Financing - It is recommended that: (t) Council endorse the Staff recommendation to end the practice of public tendering of subdivision development projects as well as the direct financing and accounting for the majority of subdivision development related costs; (u) Municipal Works Staff convene meetings with representatives of the local development industry and heavy construction industry to advise them of the proposed changes and to get their input; and (iit) Municipal Works Staff report back to Council with final recommendations regarding public tendering, financing and accounting for subdivision developments. s) N~-89-88, Household Hazardous Waste - It is recommended that proposals be invited from Tricil, Environmental Services and Woodington Systems Inc. for household hazardous waste services in 1989. The proposals should respond to the requirements of three Saturday mornings at a site suitable to the contractor, once in September, once in October and once in November. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. 1~89-95 - M~niclpal Works Committee- Re: Committee Report. The report recommends the following: 1) That this advisory report be received and filed; and 2) That a copy of the By-law pertaining to heavy vehicles on City roadways be given to any person requesting ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. It was further recommended that the Regional Police Force be asked to investigate and submit a report containing the assurance that all regular haul,re were in compliance with the by-law restric- tions. The motion Carrte~ with the following vote: AYE: Aldermen Campbell, theesmart, Cowan, Cummings, Htnaperger, Hopkins, Janvary, Puttick and Ward. NAYE: Alderman Sherat. ~W-89-97 - Chief A~inistrative Officer - Re: Contract C.C. 8-89 - Underground Services in the Ascot Woods Subdivision - Extension 3A and 3B. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Ltd., be accepted and the contract be awarded to this firm, subject to receiving Ministry of the Environment approval of the water and sewer installation for this project. ORDERED on the motion of Alderman Cummings, seconded by Alderman theeamen, that the report be received and adopted. Carried Unanimously. See Resolution No. 41. See B~-law No. 8~-125. 1-89-26 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $8,292,145.33 for the period ending May 15th, 1989, be approved by the passing of the by-law appearing later on the ageadS. -8- Alderman Campbell declared a conflict of interest on Cheque No,. 41591 and 41592 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 41463 and 41464 because he is employed with the company; and a conflict of interest on Cheque No. 41531 because he is a member of the organization. Alderman Ward declared a conflict of interest on Cheque No. 41542 because he has a business relationship. Additional information was provided on Cheque No,. 41523 and 41583. Further information was requested on Cheque Nos. 41466 and 41484; and a report was requested on Cheque No. 41520. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Campbell, Htnsperger and Ward abstaining from the vote on Cheque No.. 41591, 41592, 41463 41464, 41531 and 41542 respectively, on conflicts of interest previously recorded; and with all others voting in fayour. See By-law No. 89-128. CD-89-29 - C~ef Adsinietrative Officer - Re: Adult Entertainment Patients. The report recommends that the by-law appearing later on the agenda to amend By-law 86-240, which defines the areas in which adult entertainment parleers may operate, be passed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 89-123. 0-89-25 - Chief Administrative Officer - Re: Strategic Action Plan. The report recommends that the members of Council review the attached material and that a special session be held to refine and adopt a "Strategic Action Plan" for the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be deferred to the next meeting of Council. Carried Unanimously. RESOLUTIONS NO. 41 - C~]!MNGS -ClIF~MAN- RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Ltd., for Contract G.C. 8-89 - Underground Services in the Ascot Woods Subdivision - Extension 3A and 3B, be accepted at the low tendered amount of $950~831.00, and the contract be awarded to this firm, subject to receiving Ministry of the Environment approval of the water and sewer installation for this project; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 'No. 42 - Plr~(~- CUIMNCS - RESOLVED that WHEREAS the delay in the processing of traffic using the Rainbow, the Whirlpool Rapids and the Queenston- Lewiston bridges is causing serious inconvenience to motorists using the aforementioned facilities; AND WHEREAS these delays will have serious financial impact on the economy of the City of Niagara Falls particularly during the forthcoming tourist season; NOW THEREPORE BE IT RESOLVED that the City of Niagara Falls formally request its federal representative Mr. R. Nicholson, M.P., to intervene on the City's behalf and appeal to the appropriate Federal Ministry for an immediate resolution to the problem; AND the Seal of',tha Corporation be hereto affixed. Carried Unanimously. No. 43 - PIFr~I- CI~IMSS - KESOLVED 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. -9- BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-122 - A by-law to amend By-law No. 79-200, as amended. (AM-40/88 Liberal Catholic Diocese of Niagara; Report PD-88-161 approved by Council October 17th, 1988). No. 89-123 - A by-law to amend By-law No. 86-240, as amended, being a by-law to define the areas in the City of Niagara Falls in which adult entertainment parleers may operate. No. 89-124 - A by-law to stop up and close and to authorize the sale of part of the original road allowance between Township Lot 9 and Gore Lot No. 10 of the former Township of Stamford, now in the City of Niagara Falls. No. 89-125 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited respecting the Ascot Woods Subdivision Extensions 3A and 3B. No, 89-126 - A by-law to authorize the execution of an agreement with 737062 Ontario Inc. and others. No. 89-127 - A by-law to authorize the execution of an agreement with Bernard Korten and Susan Korten. No, 89-128 - A by-law to provide monies for general purposes. The motion Carried with Alderman Puttick voting contrary on By-law No. 89-122; with Aldermen Campbell, Hinsperger and Ward abstaining from the vote on By-law No. 89-128, on conflicts of interest previously recorded under Report No. F-S9-26; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: NO, 89-122 - A by-law to amend By-law No. 79-200, as amended. No. 89-123 - A by-law to amend By-law No. 86-240, as amended, being a by-law to define the areas in the City of Niagara Falls in which adult entertainment parlouts may operate. No, 89-124 - A by-law to stop up and close and to authorize the sale of part of the original road allowance between Township Lot 9 and Gore Lot No. 10 of the former Township of Stamford, now in the City of Niagara Falls. No. 89~125 - A by-law to authorize the execution of an agreement with P~ovin~ial Construction (Niagara Falls) Limited respecting the Ascot Woods Subdivision Extensions 3A and 3B. No, 89-126 - A by-law to authorize the execution of an agreement with 737062 Ontario Inc. and others. No. 89-127 - A by-law to authorize the execution of an agreement with Bernard Korten and Susan Korten. No. 89-128 - A by-law to provide monies for general purposes. TIle motion Carried with Alderman Puttick voting contrary on By-law No. 89-122; with Aldermen Campbell, Htnsperger and Ward abstaining from the vote on By-law No. 89-128, on conflicts of interest previously recorded; and with all others voting in favour. m m - 10 - TWENTY-FIFfH MEETING NEW BUSINESS ITKNS OF INTEREST: Niss Niagara Pageant - Alderman Cummings advised that the Miss Niagara Pageant, the final event in the Blossom Festival, had been held on Saturday, May 13, 1989, and that the Miss Niagara title had been won by Robin Ouzunoff, daughter of Sandy Ouzunoff an employee in Mayor Smsaton's office. City Colf Tournament - Alderman Campbell announced that the City Golf Tournament was scheduled for Sunday, May 28th, 1989, at Rolling Meadows Golf Course. He urged Council members to attend. IT~S OF CONClgtN: Property Condition/Lyon'a Creek Rood - Alderman Ward referred to complaints he had received with respect to the condition of property on the south side of Lyon's Creek Koad~ between Stanley Avenue and the Bridge. He asked that action be taken to remedy the situation. Property Condition/6621L~ndyts Lane - His Worship Mayor Smeaton referred to the condition of the property at 6621 Lundy's Lane. He requested that action be taken in this matter. 6973 D,-,- Street - Alderman Puttick referred to complaints he had received regarding the grade level in new subdivision lots at the aforementioned site being 3' higher than the adjoining lands. He requested Staff to investigate and report back to the concerned resident. Property Coodition/8873 Moatrose Rood - Alderman Cowan referred to the condition of property at the above mentioned address, and asked that Staff investigate the matter and submit a status report on this matter. It was moved By Alderman Cummings, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. READ AND ADOpTEDs SPECIAL MEETING Committee Room #2 May 29, 1989 Council met on Monday, May 29th, 1989, at 4:45 p.m. in Committee Room No. 2 with representatives of the Downtown Niagara Falls Board of Management. All members of Council, with the exception of Alderman Cowan, were present. The following representatives of the Downtown Niagara Falls Board of Management were present: Mrs. Marg Nagy, Administrator; Mrs. Anne Cotfield, Chairman; Mr. Ross Durdan, Vice Chairman; Mr. David Dancy, Tenant Search Chairman; Mr. Tony Barranca, Treasurer; and Miss Dianna Volst, Assistant to the Administrator. FACADE IHPROVKMENT PLAN AND REVITALIZATIOM STRATE(Iy - Mrs. Anna Cotfield, Chairman of the Downtown Board of Management introduced representatives of the Board who were in attendance. She expressed appreciation to Council for past support and requested further support of the future goals and objectives. Mrs. Cotfield discussed the Tourtam Program with reference to the Niagara Transit bus terminal, the tourist shuttle system and the Niagara Parks Commission people mover system~ and discnssed proposed advertising. She responded to questions raised regarding store opening hours and the shuttle bus service. Mrs. Marg Nagy, Administrator, referred to the Facade Improvement Study which had been completed in September, 1988, end with the assistance of posted snapshots, discussed completed facade improvements of a number of businesses and buildings in the downtown area. She stated that signage was a problem, and responded to questions raised. Mrs. Nagy discussed the Beautification Program in terms of flower baskets. Mr. David Dancy, Tenant Search Chairman, reviewed the Tenant Search objective to achieve a zero vacancy rate of retail and office space in the downtown area, the desire for tenants interested in long term leases, and actions taken to attract them. He referred to their contact with the Ministry of Natural Resources, and the proximity of the City to the international bridge in relation to Free Trade. Mr. Ross Durdan, Vice Chairman, discussed the past and current funding of the BIA, as well as sources of funding and expenditures. A discussion followed regarding interest in vacant buildings in the area, a proposed Civic Centre, the need for improvements to buildings owned by absentee landlordss and the Norwich Study which was completed many years ago, as well as parking meters and uniformity in store opening hours. The enforcement of the Property Standards By-law when a building creates a safety hazard was referred to and the condition of the King Edward Hotel~ the old Police Building, and the Cumberland Mews were discussed. Suggestions were made with respect to downtown activities in other areas. It was agreed that the concerns raised would be considered at the next meeting of the Board. It was moved by Alderman Orr, seconded by Alderman CUmmings, that the meeting adjourn. Carried UnanimoUsly. READ AND ADOPTEDs g " TWENTY-SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 May 29, 1989 Council met on Monday, May 29th, 1989, at 6:00 p.m., in Committee of the Whole. All members of Council were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ ADOPTED, , ITY CLERK S. SMEATON REGULAR MEETING Council Chambers May 29 s 1989 Council met on Monday, May 29th, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council were present. His Worship Mayar Smeaton presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTEg ORDERED on the mmtion of Alderman Cheesman, seconded by Alderman Hinsperger, that the minutes of the meeting held May 15th, 1989, be adopted as printed. Carried Unanimously. ACHIEVEMENT AWARDS RECIPIENTS OF ~llI~ SCOUTS AWARDS - Mr. Bob Carlaw, Executive Director, Niagara District Scouts Council; and Chief Scouts David Ovens, Tob McCahe, John Amos, Marc J. Warren, Inn Billing,lay and Christopher Amos were in attendance. His Worship Mayor Smeaton presented Achievement Awards to Marc J. Warren, Ian Billingsley and Christopher Amos and congratulated them on receiving their Chief Scouts Awards. DEPUTATIONS BUHANE SOCIETY OF NIAIIARA FALLS - Mr. Vincent Barberino, 5751 Hillcrest Crescent, reviewed his concerns regarding the Conflict of Interest Act in connection with Dr. P.K. St. John, Veterinarian, end the Humane Society Board. He discussed the City's financial interest in the Humane Society building, City funding to the Society, and his intention of appealing to the Human Eights Commission. Mrs. Leah Shovellets Humane Society Board, was in attendance. During the discussion it was noted that Dr. St. John, who is on the Humane Society Boards will declare a conflict of interest for payment of services. CIT~ TaDns - Cossunication~o. 219 - eyNcGuigsn- Re: City Tenders. The communication requests permission to address Council. Mr. McGutgan expressed appreciation for receipt of tender forms, referred to the bid he had submitted as the lowest tender, discussed his contacts with the Director of Parks & Recreation, and indicated that there was a questionable connotation in connection with this matter, 2 His Worship Mayor Smeatou advised that any correspondence between Mr. McGuigan and the Director of Parks & Recreation was of a personal nature. The Chief Administrative Officer reviewed his written explanation with respect to this matter and explained the policy regarding tendering. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Htnsperger, that Staff action taken to date on this matter be reaffirmed. Carried Unanimously. UNFINISHED BUSINESS BINCOOPERATIONS 1NNIAGARAFALLS - Report No, CD-89-32 - Ohief Administrative OffiCer - Re: Biugo Operations in Niagara ~alls,. 'The report recommends the following: 1. That the 5 year eligibility requirement regarding bingo licensing be maintained; 2. That the ban on busing remain in effect; 3. That the policy relating to group committees of bingo licensees be reaffirmed; 4. That the policy defining an auxiliary, as it relates to lottery licensing, be reaffirmed; (a) That the policy, outlined in this report, be adopted to establish a pro-approval process for bingo; (b) That the policy, outlined in this report, be adopted to establish a list of pre-approved organizations; 6. That the prize board structure, as outlined, be approved; 7. That the event calendar, as outlined, be approved; 8. That the City's policy, relating to banking procedures, be reaffirmed; 9. That accredited minor sports leagues and associations, as established through the Recreation Commission, become eligible to obtain a bingo licenee, subject to the criteria enumerated in this report; 10. That the policy, relating to penalties for non-compliance of Provincial and Municipal regulations, be reaffirmed; 11. That the Provincial Bingo policy be adopted, as revised. Aldermen Cummings, Hopkins and Ward declared conflicts of interest because they are members of organizations which conduct bingos. Mr. Paul R. Heath, Solicitor, and Mr. Fenwick, representing Niagara Symphony, were In attendance. Following a discussion regarding notification of interested persons, it was moved by Alderman Orr, seconded by Alderman Puttick~ that the matter be tabled for one week to provide an opportunity for further notification. The motion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote on con~ts of interest previously recorded; and with the following vote: AYE: Aldermen Campbell, Cheesman~ Cowan, Hinsperger, Janvary, Orrs and Sherat. NAYE: Alderman Marrington. Puttick COMMUNICATIONS No. 220 - Ron Pietrobon, Niagara Falls Cataracts Tournament Committee - Re: Eighth Annual Niagara Falls Cataracts Oldtimers Slo-Pitch Tournament - July 14th to 16th, 1989, Chippawa Lions Re11. The communination requests a Special Occas- ion Permit for the event. - 3- ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara Falls Cataracts Oldtimers Hockey Association in conjunction with the Eighth Annual Niagara Falls Cataracts Oldtimers Slo-Pitch Tournament, to be held on Friday, July 14, 15th and 16th, 1989, at the Chippaws Lions Hall, 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. 221 - Duane Thibert, Tournament Chaimn, Chippawa Volunteer Firefighters Association - Re: Molson's Slo-Pitch Tournament - July 6th to 9th, 1989, Chippaws Fire Hall. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a special occasion permit to the Chippaws Volunteer Firefighters Association in conjunction with the Molson's Slo-Pitch Tournament, to be held on July 6th, 7th, 8th and 9th, 1989, at the Chippaws Fire Hall~ 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, 222 - Joe MnLaugMin, Fund-Raising Chairman, Niagara Falls Family Y.M.C.A. - Re: Slo-Pitch Tou~uameut - August 11th and 13th, 1989 - Cupolo Sports Park Complex. The communication requests a Special Occasion Permit for the event. Alderman Campbell declared a conflict of interest because the organization is a client. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara Falls Family Y.M.C.A. in conjunction with the Y.M.C.A. Slo-Pftch Tournament, to be held on August llth, 12th and 13th, 1989, at Cupolo Sports Park, 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. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 223(A) - Candace N. Paris, Executive Director, Niagara Rehab - Re: National Access Awareness Week. The communication advises that June 4th to 10th, 1989, is National Access Awareness Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimo~7. No. 223(B) & (C) - Niagara Disabled Sports Association, and a~lB - Re: Proclamation. The communications ask that the week of June 4th to 10th, 1989, be proclaimed "National Access Awareness Week" in the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr~ that the proclamation be approved, and that the coat of printing it in the Niagara Falls Review be charged to the Civic Committee budget. Carried Unanimously. No. 224 - RonLisema, Meager, Niagara Fails Mmmne SOCiety - Re: Proclamation. The communication asks Council to proclaim June, 1989, as "Adopt-A-Cat Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be approved subject to established policy. No. 225 - TheRegional Municipality of Nsmilton-gentworth - Re: Bill 162, An Act to Amend the Workers' Compensation Act. The communication opposes the charges under Bill 162, and asks the Province to withdraw the Bill and introduce a new Bill to Amend the Workers' Compensation Act. ORDERED on the motion of Alderman Cumminga~ seconded by Alderman Minsperger, that the communication be referred to the Regional Niagara Social Services Department for action. Carried Unanimously. .% -4- Ro. 226 - Regional Biagara Office of the Clerk- Re: 1989 Regional Tax Levy, The communication attaches By-law 5530-89, A By-law to Levy Against the Area Municipalities for the Sums of Money Required During the Year 1989 for the General Purposes of the Regional Corporation. ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. Ro. 227 - Dour ~"", Parade Chairsan, Chippaws Liens Club - Re: Festival of Lights - Annual Santa Claus Parade - November 26th, 1989. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the request be approved subject to the approval of other authorities- Carried Unanimously. No. 228 - Lucian Bouchard, Ministry of the Environment - Re: Environment Week - June 4 - 10, 1989. The communication requests a proclamation. It was noted that World Environment Day, June 4th, 1989, was approved by Council May 15th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. No. 229 - Petition from Pettit Avenue &AreaResidents - Re: Bocci Ball Courts. The petition asks that Bocci Ball Courts be installed at the Municipal Park, known as Block "A", east side of Pettit Avenue near Dawson Street. Mr. Joe Cuviello represented Mr. Vito Cuviello, 6628 Dawson Street, at the meeting. He requested Council to approve the request. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the petition be referred to Parks and Recreation Staff for consideration in the 1990 budget. Carried Unanimously. Ro. 230 - Elisabeth Teunis, g~nOrganizer, Terry Fox Run- Re: Annual Terry Fox Run. The communication asks permission to host the event on September 17th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be granted subject to the approval of other authorities, and that Staff be authorized to coordinate the event. Carried Unanimously. No. 231 - City of Guelph- Re: Bell Canada Telephone Directories. The communication requests endorsement of a resolution that Bell Canada Enterprises Inc., be asked to initiate a program to develop telephone directories for recycling, in conjunction with Provincial and Municipal redycling programs. Alderman RimsparRot declared a conflict of interest because he is employed with the company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the resolution be endorsed. The motion Carried with Alderman Hiusperger abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 232 - Rob Richolson, N.P. - Re: Municipal Infrastructure. The communication attaches a copy of a speech by an Environment Canada official to the recent Canadian Conference on Municipal Infrastructure, which was co-sponsored by the F.C.M. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and.filed., Carried Unanimously. No. 233 - RioSara Falls Pmblic Library- Rez Expansion - Victoria Avenue Library. The communication requests funding. Alderman Cheesman declared a conflict of interest because his wife is employed by the Board. -5- · ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherar, that the communication be referred to the Finance Committee's discussions with regard to the Five-Year Capital Forecast. The motion Carried with Alderman Cheesmsn abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 234 - Ministry of the Environment - Re: Lifelines Construction Grant. The communication advises that the request of the City of Niagara Falls for the aforementioned grant, for St. Clair Avenue watermain replacement, has been denied. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orrs that the communication be received and filed. Carried Unanimously. No. 235 - Hinistry of Nemimipal Affairs - Re: Program for Renewal, Improvement, Development and Economic Revitalization (PRIDE) - Application for the 1989-90 Program Year. The communication advises that $300,000.00 has been allocated to the City of Niagara Falls for the aforementioned, and further, that formal acceptance of the allocation is June 1, 1989. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the Council approve the resolution later on the agenda, and the matter be referred to Staff. Carried Unanimously. REPORTS PD-89-84 - Chief Administrative Officer - Re: Request for Building Permits - Frank Maraldo; Reference Plan 59R-2627 (Parts 3 & 5), Miller Road (South Side) West of Willoughby Drive. The report recommends that the request for building permits for Parts 3 and 5 of Plan 59R-2627 be approved, provided that prior to the issuance of any building permit; 1) An agreement be entered into with the owners of the subject lots relative to the Ctty's requirements; and 2) The required approvals and permits from those agencies referenced in the report are obtained. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adapted. Carried Unanimously. See BT-law No. 89-141. PD-89-86 - Chief Adsduistrative Officer - Re: Request for Building Permit - Sal DiPietro; Reference Plan 59R-2627 (Part 2), Miller Road (South Side), West of Willoughby Drive. The report recommends that the request for a building permit for Part 2 of Plan 59R-2627 be approved, provided that prior to the issuance of the building permit; 1) An agreement be entered into with the owner of the subject lot relative to the City's requirements; and 2) The required approvals and permits from those agencies referenced in the report are obtained. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See B~-law No. 89-142. B-89-33 - Chief AdsiuistrativeOfficer - Re: Site Plan Approval - Proposed Commercial Complex; N/W Corner of Montrose Road and Thorold Stone Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Commercial Complex, and the site plan being drawing Number RB-l, and filed with the Buildings & Inspections Department of the City of Niagara Falls on May 23, 1989, and that such approval be subject to the conditions included in the report. Council members expressed concern regarding the proposed ingress/egress to Thorold Stone Road because of a traffic hazard. -6- ORDERED on the notion of Alderman Puttick, seconded by Alderman Sherat, that the report be received and adopted, subject to comments from the Regional Municipal- ity of Niagara regarding the concerns of Council with respect to the ingress and egress. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. NAYE: Alderman Janvary. B-89-40 - Chief Adsiu/strative Officer - Re: 1989 Tender for Mowing of Private Lots and for Chemical Weed Control. The report recommends that the tender submitted by Niagara Commercial Cutting, for the mowing of private lots, be accepted. It is further recommended that the tender submitted by Chemlawn, St. Catharines, for chemical weed control, be accepted. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-41 - Chief Administrative Officer - Re: Jack Bell Arena Reconstruction of Zamboni Room. The report recommend8 that City Council accept the tender of Walker Diggon Construction Ltd. of Niagara Falls, to reconstruct the Zamboni room at the Jack Bell Arena, for the tendered price of $59,999.00, and that the necessary by-laws be prepared for Council's approval. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-42 - Chief Administrative Officer - Re: Fast Tracking - Building Permits. The report provides information regarding the fast tracking system for building permits which was implemented to meet the needu of those builders who need fast service and were willing to pay an extra fifty percent over the normal applicable permit fee, and recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvery, that the report be received and adopted. Carried Unanimously. B-89-43 - Chief Administrative Officer - Re: Site Plan Approval - Existing Howard Johnson's Motel, 5905 Victoria Avenue; AM-7/86, By-law 81-255 & Land Division Committee Application B-152/89. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being an existing hotel, end the site plan being drawing Number 1A and filed with the Buildings & Inspections Department of the City of Niagara Falls on May 25th, 1989, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-44 - Chief Administrative Officer - Re: Site Plan Approval - Existing Days Inn Hotel, 5943 Victoria Avenue; AM-8/84, By-law 84-229 & Land Division Application B-152/89. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being an existing hotel, and the site plan being drawing Number 1B, and filed with the Buildings & Inspections Depart- ment of the City of Niagara Falls on May 25th, 1989, and that such approval be subject to the conditions outlined in the report. ORDERED on the notion of Alderman Hinsperger, seconded by Alderman SheEar, that the report be received .and adopted. Carried Unanimously. H~-89-92 -Chief Administrative Officer - Re: Shriner's Creek Study. The report recommends that the by-law appearing on tonight's agenda, authorizing ~he execution of the Consulting Services A~reement with Falcons Smith Associates Inc. in the amount of $26s000.00 for the Shriner's Creek Study, be approved. ORDERED on the motion of Aldernan Chessman, seconded by Aldernan'Minsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-138. !e-89-102 - Chief Administrative Officer - Re: Hunter Heights Subdivision Engineering Agreement. The report recommends that the by-law appearing on tonight's ngenda, authorizing the execution of the Consulting Services Agreement with V. & S. En inssting Group Ltd. in the amount of $16,000.00, for the engin- eering design o[ the Hun er Heights be approved. Subdivision t Studys ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report he received and adopted. Carried Unanimously. See BT-law No. 89-137. H~-89-103 - Chief Administrative Officer - Re: Northwood Subdivision Engineering Agreement. The report recommends that the by-law appearing on tonight's agenda, authorizing the execution of the Consuiting Services Agreement with F.J. Reinders and Associates, in the amount of $64,000.00 for the engineering design of Northwood Subdivision, 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. 89-135. F-89-27 - Chief Administrative Officer - Re: 1989 Operating Budgets & Tax Rates. The report recommends that Council pass the by-laws appearing on this evening's agend8 to: 1) Provide for the appropriations for the year 1989; 2) 'Fix the rates of taxation for 1989 and to provide for the levying of taxes; 3) Provide for the collection of taxes for the year 1989. Alderman Cowan expressed concern regarding the lack of Municipal control over the Regional and School Board budgets, which raised the total budget increase. His Worship Mayor Smeaton explained that the Municipality can control its own budget, and further, that the "Region and School Board have absolute control over their budgets" which must be collected by the Municipality. Appreciation was expressed to the Finance Committee and Staff for their efforts in preparing the budget. Alderman Campbell declared a conflict of interest regarding the Y.M.C.A. because the organization is a client. Alderman Cummings declared a conflict of interest with respect to Niagara Promotion Association because his wife is employed with the organization; and a conflict of interest regarding the Stamford Centre Volunteer Firemen's Association because he is a member of the group. Alderman Ward declared a conflict of interest with respect to the Chippawa Lions Santa Claus Parade grant because he is a member of the organization. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings and Ward abstaining from the vote on ~nfltcts of interest regarding organizations previously recorded; with Aldermen Orr and Puttick voting contrary on the Holy Family Emergency Youth Accommodations, the Niagara Falls Art Gallery and the Niagara Falls Unemployed Help Centre Inc.; with Alderman Cowan voting contrary; and with All others voting in favour. F-89-28 - Fierce Cosmittmm - Re: the following: Committee Reports. See By-law No. 89-129, By-law No. 89-130 and BF-law No. 89-131. The report recommends l) City of Niagara Falls Bsnking Services - It is recommended that Council award the banking services for the City of Niagara Falls to the Bank of Nova Scotia for the period July 1~ 1989 to JUne 30, 1992. 2) ORnERED on the motion of Alderman Cummings, seconded by Alderman Hineperger that the recommendation be received and adopted, qarried UnanimouslF, Eaployee Purchase/Payment Plan for Personal Computers - It is recommended that Council approve the employee purchase/payment plan for personal computers· 3> 4) -8- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the recommendation be received and adopted. Carried Unanimously. Hunicipsl parkingCosmittee- 1989 parking Fund Budget - It is recommended that Council approve the 1989 Parking Fund Budget. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the recommendation be received and adopted. Carried Unanimously. 1989 Nater Budget - 1989 Nater Rates & Serv~ee~hargea - It is recommended that Council approve the 1989 Water Budget, and further that Council approve the 1989 Water Rates and Service Charges. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger that the report be received and the recommendation adopted. Carried Unanimously. F-89-29 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,252,980.15 for the period ending May 29th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 41702 because the organization is a client. Alderman Chessman declared a conflict of interest on Cheque No. 41615 because he has a business interest; and a conflict of interest on Cheque No. 41664 because his wife is employed by the Board. Alderman because he is Alderman because he is 41661 because Cummings declared a conflict of interest on Cheque No. 41691 a member of the organization. Hinsperger declared a conflict of interest on Cheque No. 41611 employed By the company; and a conflict of interest on Cheque No. he is a member of the Association. Alderman Ward requested additional information regarding Cheque No. 41693 and asked that the cheque be held. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Puttick, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cheesman, Cummings and Hinsperger abstaining from the vote on Cheque Nag. 41702, 41615, 41664, 41691, 41611 and 41661 respectively, on conflicts of interest previously recorded; with Alderman Puttick voting contrary on Cheque No. 41658; with the exception of Cheque No. 41693; and with all others voting in fayour. See By-law No. 89-140. C9-89-33 - Chief Adslnietratlve Officer - Re: Reconstruction of Laura Secord Place from Bridgewater Street to Hath Street. The report recommends that Council pass the by-law appearing on tontght's agenda to authorize the recon- struction of Laura Secord Place, from Bridgewater Street to Main Street (Chippaws), after first hearing any person who claims that his land will be preJudtctally affected by the by-law, and who applies to be heard. ORDERED on the motion of Alderman Htneperger, seconded by Alderman arts that the report be received and adopted. Carried Unanimously. See By-law No. 89-139. B-89-46 - Chief A~minlstrative Officer - Re: Buildings & Inspections Department. The report, which was considered earlier this evening in Committee of the Whole, recommends that City Council approve the following: 1) The creation of a new non-union position of Manager of Inspections; 2) The creation of a new union position of Senior Plan Examiner; '3) The creation of a new non-union position of Office and Accounts Manager; 4) The creation of a new union position of Site Plan Inspector. ORDERED on the motion of Alderman Orrs seconded by Alderman Janvary9 that the report be received and adopted, Carried Unanimously. 9 P-89-08 - Chief Administrative Officer - Re: Personnel Department. The report, which was considered earlier this evening in Committee of the Whole, recommends the following: 1) That the Director of Personnel be authorized to hire a Health & Safety Officer, effective August 1, 1989; 2) That the Director of Personnel be authorized to replace the existing position of Clerk-Steno/Receptionist, with a Personnel Clerk and a Secretary, effective July 1, 1989; 3) That the title of Personnel Department be changed to Human Resources Department, and subsequently, the Director of Personnel be changed to Director of Human Resources. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously.. RESOLUTIONS No. 44 - C~II~S - OaR- RESOLVED that the Council of the City of Niagara Falls approve the application to the Ministry of the Environment, under the Ministry'e 'Life Line' Program, for an Infrastructure Needs Study in the Chippaws Community and Stanley Avenue Industrial area, as the first Phase of a Sewer Infrastructure Rehabilitation Needs Study for the City, to be implemented over a two-year period from January, 1989s to December 1990, with a cost scheduling as follows: 1989 City Share Region Share Ministry Share Total $29,185.75 $29,185.75 $58,371.50 $116,743.00 1990 20,853.00 20,853.00 41,706.00 83~12.00 $50,038.75 $50,038.75 $100,077o50 $200,155.00 ; AND the Seal of the Corporation be hereto affixed. Carried Unanfmousl~. No. 45 - OaR- CUIMNaS - RESOLVED that the Ministry of Municipal Affairs be advised of the formal acceptance by the City of Niagara Falls of a Provincial grant in the amount of $300,000.00 for the 1989-90 PRIDE Program, and that the City of Niagara Falls contribute a like amount, for a total of $600s000.00, to be allocated to the Downtown PRIDE project; AND the Seal of the Corporation be hereto affixed. Carried Unantmousl7. No. 46 - C~I!~S - BINSPMER- RESOLVED that WHEREAS a native of the City of Niagara Falls has distinguished himself and brought banour to the City of Niagara Falls by establishing a new record in sailing from New York around the treacherous Cape Horn to San Francisco in 76 days, 23 hours, 20 minutes, 17 seconds; AND WHEREAS in setting the record for the 23,000 kilomarts marathon, the crew of the "Great American" has acted as ambassadors for Canada and for the City of Niagara Falls; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls extends congratulations to Mr. George Kolesnikovs, a native of Niagara Falls, for his accomplishments and for the excellent way he has represented his Country and his City; AND BE IT FURTHER RESOLVED that the congratulations and best wishes of the City be forwarded to Mr. Kolesnikovs and his crew as qulakly as possible; AND the Seal of the Corporation be hereto affixed. CarTted UnaQ~mo~sl~. - 10 - BY-LAWS ORDERED on the motion of Aldermen Orr, seconded by Alderman Hinsperger, that the following by-law be now read a third time: No. 88-272 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvements Act. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: Hm. 89-129 - A by-law to provide for the appropriations for the year 1989. Hn. 89-130 - A by-law to fix the rate of taxation for 1989 and to provide for the levying of taxes. Me. 89-131 - A by-law to provide for the collection of taxes for the year 1989. H~. 89-132 - A by-law to authorize the execution of an agreement with 705336 Ontario Limited for the payment of consulting engineering services rapsacting the proposed Northwood Plan of Subdivision. Me. 89-133 - A by-law to amend By-law No. 79-200, as amended.(AM-6/89 705336 Ontario Ltd., N. Side Thorold Stone Rd.; Report PD-89-62 approved by Council April 10, 1989). No. 89-134 - 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-6/89). Me. g9-135 - A by-law to authorize the execution of an agreement with F.J. Reindata end Associates (Niagara) Ltd. respecting engineering services for the Northwood Plan of Subdivision. Me. 89-136 - A by-law to authorize the execution of an agreement with 743211 Ontario Inc. for the payment of consulting engineering services respecting the proposed Hunter Heights Plan of Subdivision. No. 89-137 - A by-law to authorize the execution of an agreement with The V. & S. Engineering Group Ltd. respecting engineering services for the Hunter Heights Plan of Subdivision. Me. 89-138 - A by-law to authorize the execution of an agreement with Falcone Smith Associates Inc. respecting engineering services for the Shriner's Creek Watershed Storm Water Management Study. No, 89-139 - A by-law to authorize the reconstruction of Laura Secord Place from Bridgewater Street to Main Street (Chippaws). No. 89-140 - A by-law to provide monies for general purposes. No. 89-141 - A by-law to authorize the execution of an agreement with Frank Naraldo. No. 89-142 - A by-law to authorize the execution of an agreement with Sal Dipietro. The motion Carried with Aldermen Campbell, Cummings and Ward abstaining from the vote on By-law Nos. 89-129, 89-130 and 89-131 on conflicts of interest previous- ly recorded under Report No. F-89-27; with Aldermen Orr and Puttick voting contrary on B~-law Nos. 89-129, 89-130 and 89-131 as previously recorded under Report No. F-89-27; with Alderman Cowan voting contrary on By-law Nee. 89-129, 89-130 and 89-131; with Aldermen Campbell, Cheesman, Cummings and Hinsperger abstaining from the vote on By-law No. 89-140 on conflicts of interest previously recorded under Report No, F-89-29; with Alderman Puttick voting contrary on By-law No. 89-140 as previously recorded under Report No, F-89-29; and with all others voting in fayour, ,...11 - 11 - ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-129 - A by-law to provide for the appropriations for the year 1989. No. 89-130 - A by-law to fix the rate of taxation for 1989 and to provide for the levying of taxes. No. 89-131 - A by-law to provide for the collection of taxes for the year 1989. No. 89-132 - A by-law to authorize the execution of an agreement with 705336 Ontario Limited for the payment of consulting engineering services rapsacting the proposed Northwood Plan of Subdivision. No. 89-133 - A by-law to amend By-law No. 79-200, as amended. No. 89-134 - 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. 89-135 - A by-law to authorize the execution of an agreement with F.J. Retnders and Associates (Niagara) Ltd. respecting engineering services for the Northwood Plan of Subdivision. Me. 89-136 - A by-law to authorize the execution of an agreement with 743211 Ontario Inc. for the payment of consulting engineering services respecting the proposed Hunter Heights Plan of Subdivision. No. 89-13Y - A by-law to authorize the execution of an agreement with The V. & S. Engineering Group Ltd. respecting engineering services for the Hunter Heights Plan of Subdivision. No. 89-138 - A by-law to authorize the execution of an agreement with Falcons Smith Associates Inc. respecting engineering services for the Shriner's Creek Watershed Storm Water Management Study. No. 89-139 - A by-law to authorize the reconstruction of Laura Secord Place from Bridgewater Street to Main Street (Chippawn). No. 89-140 - A by-law to provide monies for general purposes. No. 89-141 - A by-law to authorize the execution of an agreement wlth Frank Maraldo. No. 89-142 - A by-law to authorize the execution of an agreement with Sal Dipietro. The motion Carried with Aldermen Campbell, Cummings and Ward abstaining from the vote on By-la~os. 89-129, 89-130 and 89-131 on conflicts of interest previous- ly recorded; with Aldermen Orr and Puttick voting contrary on By-law Nos. 89-129, 89-130 and 89-131 as previously recorded; with Alderman Cowan voting contrary on By-law Nee. 89-129~ 89-130 and 89-131; with Aldermen Campbells ~heesman, Cummings and Hinsperger abstaining from the vote on By-law No. 89-140 on conflicts of imterest previously recorded; with Alderman Puttick voting contrary on B~law No. 89-140 as previously recorded; and with all others voting in favou~, ' ~"~'~,~- ~ · . , NEW BUSINESS IT~ OF I]~T: Great Lakes Conference - His Worship Mayor Smeaton clarified comments which had been made at the recent Great Lakes Conference held in Niagara Falls and had bean misunderstood, and referred to the positive attitude of delegates. Alderman llarrington discussed the success of the Conference, - 12 - Environment Day - Alderman Herrington referred to the events taking place on Environment Day, Saturdays June 3rd, 1989. ITEKS OF COtICKRN: Federal Budget - Alderman Herrington referred to the recently released Federal Government Budget with respect to the Tax Reform Rebate, Municipal Infrastructures VIA Rail, R.R,A.P., and the Unemployment Insurance changes. ORDERED on the motion of Alderman Herrington, seconded by Aldermen Cummings, that the R.R.A.P., and Unemployment Insurance changes be referred to the Social Planning Council for comments on the impact of these changes on the City. Carried Unanimously. Centennial Square Pool - Alderman Hopkins referred to a small child having been playing in the Centennial Square pool earlier this evening, unaccompanied by an adult. He discussed the desirability of having a sign installed to absolve the City of any liability iu case of an accident. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cheesmans that the matter be referred to Staff for a report. Carried Unanimously, Region-Wide Harket Value Based Assessment - Alderman Cheesman referred to the Information for Council letter received from Regional Niagara, advising of a meeting to be held in the Council Chambers at the Regional Headquarters on June 15th, 1989, at 4:30 p.m, He asked that a member of Staff attend the meeting. Hestia~ Niagara Falls Meaerial Ar--n - Alderman Sherat referred to his previous request for a report regarding heating costs at the Niagara Falls Memorial Arena, and the agreement with Nabisco Brands. The Director of Buildings & Inspections advised that a report was being prepared. Paint Signs - Centennial Square - Alderman Ward referred to the bilingual wet paint signs on benches in Centennial Square. Weleose - Ronald L, ZuVsn & Son - His Worship Hayor Smeaton welcomed Nr. Ronald L. Zupans Personnel Manager of Nabisco Brandes and his son to the meeting. t It was moved by Alderman Orr, seconded by Alderman Puttick~ thkt ~he meeting adjourn, Carried Unanimously, READ AND TEDs · TWENTY-SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 June 5, 1989 Council met on Monday, June 5th, 1989, at 6:50 p.m., in Committee of the Whole. All members of Council were present. Alderman Hinaperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOP REGULAR MEETING Council Chambers June 5, 1989 Council met on Monday, June 5th, 1989, 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 Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummingss seconded by Alderman Orr, that the minutes of the meeting held May 29th~ 1989, be adopted as printed. Carried Unanimously. DEPUTATIONS Comaunication No, 236 - Environmental Plannin~ & 6reening Cosmittee - Re: The City's Environment Week Activities. The communication provides information regarding the subject matter. Alderman Hopkins, Chairperson of the above named Committees provided a brief verbal report regarding the City of Niagara Falls Environment Day, which was conducted on June 3, 1989 at the Coronation Centre. His Worship Mayor Smeaton expressed appreciation to Alderman Hopkins and his Committee. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that a letter of appreciation be forwarded to the Canadia~s for a Clean Environments and all who were involved in making the day a success. Carried Uuanimousl~. ARTR~tARISS FUND- The Clerk advised that Mrs. Lori Schoenhals had been unable to attend this meeting and had requested that she be allowed to address Council at a future meeting. UNFINISHED BUSINESS BXRGO OPIATIO~S IN NIAG&~A FALLS - leport ~o. CD-Sg-32 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls, (TABLED COUNCIL 1989 05 29). The report recommends the following| ,t -2- 1. That the 5 year eligibility requirement regarding bingo licensing be maintained; 2. That the ban on busing remain in effect; 3. That the policy relating to group committees of bingo licensees he reaffirmed; 4. That the policy defining an auxiliary, as it relates to lottery licensing, be reaffirmed; 5. (a) That the policy, outlined in this report, be adopted to establish a pro-approval process for bingo; (b) That the policy, outlined in this report, be adopted to establish a list of pre-approved organizations; 6. .That the prize board structuEc, as outlined, be approved; 7. That the event calendar, as outlined, be approved; 8. That the City's policy, relating to banking procedures, be reaffirmed; That accredited minor sports leagues and associations, as established through the Recreation Commission, become eligible to obtain a bingo litonce, subject to the criteria enumerated in this report; 10. That the policy, relating to penalties for non-compliance of Provincial and Municipal regulations, he reaffirmed; 11. That the Provincial Bingo policy be adopted~ as revised. Aldermen Cummings, Hopkins and Ward declared conflicts of interest because they are members of organizations which conduct bingos. Mrs. Julie McCauley, Bingo Country; Mr. Paul Heath, Boy's & Girl's Club; Mrs. Eloise McArthur, Niagara Falls Gymnastics Club; and Mr. John Ventresca~ Club Italia, were in attendance to express their concerns. Mr. Heath discussed the possibility of an amendment to Policy Number ll(e) respecting Provincially licensed bingos making no donation to any organization presently running Municipally licensed btngos. Hrs. HcCauley expressed agreement with the recommendations. Howevery she suggested that Policy No. 3 be amended as follows: "that the head of each group committee be advised at least two working days prior to the Council meeting", to allow groups to discuss the matter prior to the meeting. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the head of each group committee be advised of upcoming ConBell reports one week prior to the meeting. The mmtion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and . with all others voting in favour. A concern was raised by Mrs. McCauley and Mrs. McArthur, regarding the pro-approval of groups making application to run biugos, and asked that the number be limited. The Lottery Licence Inspector discussed the "fairness" of the policy. Iu response to questions raised regarding approval of applications for a 6 month period, the Deputy Clerk expressed the view that the policy was considered a "fair" one and discussed the possibility of requirir~ a "draw". ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote on conflicts of interest previously recordads and with sll others voting in fayour. Following further discussion regarding Policy No. ll(e), it was moved by Alderman Puttiek~ seconded by Alderman Janvary~ that the Clerk's office work with Mr. Heath, regarding the matter~ and a further report be submitted. The motion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote on conflier interest previously recorded~ and with the following vote: AYE; NAYE,' Aldermen Campbell, Chessman, Cowan, Harrington, Hinsparger, Janvary~ Puttick and Sherat. Alderman Orr. -3- COMMUNICATIONS No. 237 - Tim Nasterson & Gerry Chip,an, Cupolo Sports Canucks - Re: Slo-PitCh Tournament - June 9th to llth, 1989, Niagara Sports Centre. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Cupolo Sports Canucks, in conjunction with the Slo-Pitch Tournament to be held June 9th, 10th and llth, 1989, at the Niagara Sports Centre, 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. 238 - Bob Hs.ns, Past Presidents Greater Niagara Baseball Association (~'NBA) - Re: Three-Pitch Tournament - August 12th and 13th, 1989, at Houck Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Greater Niagara Baseball Association, in conjunction with the Three-Pitch Tournament to be held August 12th and 13th, 1989, at Nouck Park, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licens- ing Board of Ontario. Carried Unanimously. No. 239 - Andray Sirta,~i, Spiritual Assenbly of Bahai's of Niagara Falls - Re: Proclamation. The communication asks that the week of September 17th to 23rd, 1989, be proclaimed as "Peace Week". ORDERED on the motion of Alderman Cummtngs~ seconded by Alderman Orr, that the request be approved subject to established policy. Carried UnanimousIF. REPORTS P-89-09 - Chief Administrative Officer - Re: Long Service/Retires Recognition Night. The report recommends that Council authorize a Long Service Retires Recognition Night to be held on November 4~ 1989, at the German Village and an expenditure of $2,500.00 towards the operating costs. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unan_~mously. R-89-20 - Chief Adsinistrative Officer - Re: Swimming Pool Chemicals. The report recommends that Staff be given approval to place an order with Flexo Products Limited for the purchase of Chlorine and other chemicals for the operation of the swimming pools. The cost of this order, including taxes, will be $21,029.71, which has been allocated in the 1989 Operating Budget. ORDERED on the motion of Alderman Cummings, seconded by Alderman HinSperger, that the report be received and adopted. Carried Unan&mous17. R-89-21 - Civic Comm4ttee - Re: Canada Day Celebrations - Proclamation. The report requests Council to approve the printing of a proclamation in the local newspaper respecting events to he held on July 1st, 1989, to honour Canada*s 122ud Birthday, ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted, Carried Unanimously, R-89-22 - Civic Cosmittee - Re: Canada Day - Free Swimming. The report recommends that City Council agree to free swimming at the four Municipal Pools on Saturday, July lat~ 1989~ as part of the celebrations planned for Canada's 122nd Birthday. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted, Carried Unanimously. -4- R-89-23 - Civic Committee - Re: Canada Day Parade. The report recommends that Council approve the Canada Day Parades to be held ou July 1sts 1989. ORDERED ou the motion of Alderman 0rr, seconded by Alderman Janvarys that the report be received and adopted. Carried Unanimously. B-89-47 - Chief Administrative Officer - Re: Lot Grading & Drainage Policy. The report provides background information regarding the Lot Gradin~ and Drainage Policys for the iuformation of Council. ORDERED on the motion of Alderman Janvarys seconded by Alderman Sherare that the report be received and filed. Carried Unanimously. B-89-48 - Chief Adm~nlstrative Officer - Re: Chippawa 0NIP - Laura Secord Place. The report recommends that City Council accept the tender of Steed and Evans Limited of Niagara Falls to reconstruct Laura Secord Place for the tender price of $88,102.75s and the necessary by-laws be prepared for Council's approval. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MM-89-109 (BANI~) - Municipal Works Committee - Re: Committee Report: Materials Tender. The report recommends that the supply of cold patch material be awarded to T.C.G. at $98.55 per tonne~ f.o.b. plant and $101.85 per tonne f.o.b. the Service Centre for Q.P.R. 2000. It is further recommended that regular cold patch material~ when required, be provided by Red-D-Mix Concrete at $56.00 per tonne at their plant and $60.75 per tonue f.o.b. the Service Centre. This is the low price submitted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowans that the report be received and adopted. Carried Unanimously. NM-89-110 (BANDeLft) - Municipal Works Comeittee- Re: Committee Report: 1989 Tender for Supply & Application of Traffic Marking Paint. The report was withdrawn from the ageride. F-89-30 - Cl~ef Ad~nistrative Officer - Re: Employee Purchase Payment Program. The report recommends that City Council approve the by-law appearing later on this Agenda. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hinspergers that the report be received and adopted. Carried Unanimously. See By-law No. 89-147. F-89-31 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,980,243.20.'for the period ending June 5ths 1989s be approved by the passing of the by-law appearing later on the ageads. Alderman Cheesman declared a conflict of interest on Cheque'No. 41766 because of a business interest. Alderman Hinsperger declared a conflict of interest on Cheque Nee. 41752 and 41753 because he is employed with the company. Alderman 0rr declared a conflict of interest on Cheque No. 41876 because she is employed by the Board. Additional information was provided on Cheque No. 41711. The Chief Admin- istrative Officer was asked to provide further information regarding the Ontario Arenas Conferences and photocopiers. ORDERED on the motion of Alderman Cummings~ seconded by Aldermen Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Chessmane Hinsperger end Orr abstaining from the voteon~que Nee. 41766~ 41752, 41753 and 41876 respectively, on conflicts Of interest previously recordedi with Alderman Orr voting contrary on Cheque Nos. 41711~ 41834 and 41886; and with all others voting in fayour, See By-law No. 89-148. -5- BY-LAWS ORDERED on the motlon of Aldermsn 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. 89-142A - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 180). No. 89-143 - A by-law to amend By-law No. 79-200, as amended. (AM-9/89 Robert J. MacInnts, Pt. Twp. Lot 1731 Report PI}-89-63 approved by Council April 10, 1989). No. 89-144 - 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 subjection 4 or subsection 5 of section 40 of the Planning Acts 1983. (AM-9/89 Dr. Robert 3. Maclnnis). No. 89-145 - A by-law to amend By-law No. 79-200, as amended. (AM-11/89 705336 Ontario Limited, East Ends of Foxe Dr. & Northwood Dr.; Report PD-89-64 approved by Council April 10, 1989). No. 89-146 - A by-law to amend By-law No. 75-20s as amendeds 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. 89-147 - A by-law to authorize the application of moneys in a reserve fund for a purpose other than that for which the fund was established. No. 89-1A8 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington~ Hopkins and Janvary voting contrary on By-law NF142A~ 89-143 and 89-1441 with Aldermen Chessman Hinsperger and err abstaining from the vote on By-law No. 89-148s on conflicts of interest previously recorded under Report No. F-89-31; with Alderman Orr voting contrary on By-law No. 89-148 as previously recorded under Report No. F-89-31; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 89-142A- A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 89-143 - A by-law to amend By-law No. 79-200. No, 89-144 - 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 1989. No. 89-145 - A by-law to amend By-law No. 79-200, as amended. Moo 89-146 - A by-law to amend By-law No. 75-20~ as ameaded~ 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. 89-14Y - A by-law to authorize the application of moneys in a reserve fund for a purpose other than that for which the fund was established· No. 89-148 - A b~-law to provide monies for general purposes. The motion Carried with Aldermen Marrington~ Hopkins and Janvary voting contrary on B~-law Nos."ai'~-142As 89-143 and 89-144~ with Aldermen Chessman, Hinsperger and Orr abstaining from the vote on By-law No. 89-148s on conflicts of interest Previously record with Alderman err voting contrary on No· as ky and all in favour 6 -6- NEW BUSINESS ITIMS OF ~ONCZ~: Bsmbi Subdivision - Alderman Cummings discussed a phone call he had received from a resident of the Bambi Subdivision, expressing concerns regarding construction trucks not using the road which had been opened for that purpose, from Moatrose Koad into the subdivision. He stated that the roadway being used by the trucks was impacting unfavourably on the Subdivision, and asked that the matter be resolved. Hotel ParkinS - Victoria Avenue - Alderman Harrington expressed concern regarding a Notice of a Committee of Adjustment meeting with respect to an hotel on Victoria Avenue, containing a proposal to reduce parking from 100 to 60 spaces for a temporary period. The Chief Administrative Officer advised that the hotel owner was providing temporary off site parking across the road, until construction has been completed. Dog WalkinS - Valleyway - Alderman Pntttck expressed concern regarding people allowing their dogs to defecate in the beautified area of ValleSndeys between Morrison Street and Fourth Avenue, Me requested that a sign be installed to instruct people not to walk their dogs in the area. NinSara Falls Public Library- FundinS- Alderman Puttick discussed his concerns regarding the cessation of computer programs for 742 pre-achool children because of reduced funding by the City. expressed the understanding that the required funding for thin program was $5,500.00. He Alderman Cheesmau declared a conflict of faterest because his wife is employed by the Board. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the Niagara Falls Library Board be asked to verify the required funding for the program, and a further report on this matter be submitted to Council. The motion Carried with Alderman thee,man abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: NAYE: Aldermen Campbell, Cowan, Harrington, Hinsperger, Hopkinss Janvary, Orrs Puttick, Sherat and Ward. Alderman Cummings. BeiJinS, China- Be**acre - Alderman Puttick referred to the recent events in BetJing and the slaughter of unarmed civilians by Chinese troops. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessmans that letters of concern be forwarded, through Mayor Smeaton's office, to The Honourable Joe Clark~ Minister of External Affairs, supporting him in a forceful approach; to The People's Municipal Government of Yingkou City, whose representatives visited Niagara Falls in December 1987, and who had invited recripocal visitation in 1988; and to the Federation of Canadian Municipalities (FCM) to review its public relations programs in an effort to modifys extends or reduce them at this time. Carried Unanimously. Days Ion -River Road- Alderman Janvary dincussed a complaint she bed received regarding site plan control at Days lnn. The Director of Buildings & Inspections advised that a visit has been made to the site earlier today with the landscaping contractor, whose intention it was to continue immediately with landscaping and curbing requirements. He explained that action had been delayed because of the weather,' Alderman Hopkins declared a conflict of interest on this matter because a member of his family has a business relationship. -7- News Release - Companies Turned Away by EDA - Alderman Ward expressed concern regarding the news item in today's Niagara Falls Review entitled "Four Companies Turned Away by EDA", because their needs could not be accommodated. He advised that he had contacted Mr. Charles Chataway, the Director of Economic Development, and reviewed a letter of response received from Mr. Chataway. Alderman Ward expressed the opinion that the situation had been handled "very professionally" by the EDA, and furthers that this situation "shows the seriousness of the lack of industrial land in Niagara Falls". Niagara Fs/ls Memorial Arena - Improvements - Alderman Cummings referred to his previous request for a report regarding the need for improvements to the Niagara Falls Arena. He asked that a verbal report be submitted regarding the ceiling at the Arena. The Director of Parks & Recreation advised that the matter was being investigated in terms of cost of painting, and frequency of rapslating, and further, that a report would be submitted. Regional & School Board Taxes - Alderman Cummings asked for a report from Staff regarding the possibility of changes in the responsibility for collection of taxes on behalf of the Region and the School Boards. ABe Conference - In response to questions raised by Mayor Smeaton, it was agreed that Aldermen Cowan, Harrington, Janvary and Puttick would attend the upcoming AgO Conference, and would provide information to the City Clerk regarding pertinent details. (Subsequently Alderman Janvar~ withdrew her name in fayour of Alderman Hopkins). Optimist' 'Clu~ ~ ~unding Request - Mr. Ran Fanselate, Chairman of Slo-Pitch & Park Development, Optimist Club; Paul Cares, Holson's Promotion Coordinator; Nail O'Farrell, Light Construction; and Bob Hayward, Landscape Architect, were in attendance together with other interested residents. Mr. Fanselate reviewed a request for funding from the City of Niagara Falls in the form of a $500,000.00 interest free loan, in order to provide an updated first-class sports facility within the City. He discussed the provision of lighting; resolving the concerns of neighbouts; provision of a barrier; security safeguards on the fence line; proper drainage; a controlled schedule through the Recreation Department; restriction of games to 10:00 p.m. for soccer and 11:00 p.m. for baseball; and the provision of additional security and clean-up during tournaments. Re stated that the loan would be secured by a mortgage of the property, dated from 1990 with the first payment to be made in 1991, end continued over a 10 year period. Mr. Fenselate asked that when new storm services and sanitary sewers were installed in the adjacent area on Close Avenue, that these be extended to the north-west section of the Optimist Club property, and across the parking lot to the new field house. He referred to an engineering design and proper elevations for the drainage. Mr. Paul Ceres, Molson's representative, expressed concern regarding the number of Class "A" diamonds for use in Ontario Championship games. He stated that 250 tournaments qualified to come to Niagara Falls for the Championships, and anticipated 300 teams. However, with the upcoming, merger he expressed the view that the qualifying tournaments would increase, end subsequently the teams would be in excess of 600. Mr. Cares requested assurance that the expansion of the Optimist Club would receive the approval of the City. He advised that the teams enjoyed coming to Niagara Falls, on a regular basis, referred to the continuity in the program, and discussed their request for facilities through the Optimist Club or the Recreation Department. A discussion was held regarding the cost of extending hard services to the property~ repayment of the requested funds, the required approval of the Ontario Nunieipal Board if funds had not bean budgetted, the possibility of approval in principle, as well as approval subject to a 5 year agreement with Moleone, ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the request for a $500s000.00 interest free loan be approved, and the Chief Administrative Officer submit a report with ~eapect to repayments services and other concerns. -2- No. 436 - Environment Canada Conservation & Protection - Re: Niagara River Toxics Management Plan. The communication advises that the Niagara River Coordination Committee will meet December 5th, 1989, Niagara Falls, New York. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 437 - Niagara District Health Council - Re: Profile of Health Care Services in Niagara: A Summary of Report #2.2. The communication attaches the report. ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the communication be referred to Social Planning Council. Carried Unanimously. No. 438 - Regional Niagara Public Works Department - Re: Welland Sludge Storage Facility. The communication attaches the subject report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the communication be received and filed. It was further recommended that the Region be apprised of the name of the new City Clerk. Carried Unanimously. No. 439 - Walker BrothersQuarries Limited - Re: Application for Quarry Licence. The communication suggests that Council have a guided tour of the facilities prior to the meeting scheduled for December 18th, 1989, respecting the application to expand Walker Brothers facilities. Alderman Campbell declared a conflict of interest because his parents are involved in a group which is opposing the expansion of Walker Brothers Limited. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be responded to in a positive manner, and that Walker Brothers be asked if the neighbours could be included in the tour. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, Cummings, Uarrington, Hinsperger, Janvary, Orr, Sherar and Ward. NAYE: Alderman Puttick. REPORTS P1)-89-179 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 55/88, Ritz Motel Ltd. (Parkview Hotel), Buchanan AvenUe. The report recommends the following: 1) That City Council, prior to the passing of the amending by-law for the Parkview Hotel, determine by resolution, in accordance with Section 34(16) of the Planning Act, that the changes to the proposal, after the holding of the public meeting, will not require the giving of a further notice; 2) That the Council enact the amending by-law in accordance with Section 34(17) of the Planning Act; 3) That Council determine that the $250,000.00 Letter of Credit is not required. ORDERED on the motion of Alderman Orr, seconded by Alde.rman Sherat, that the report be received and adopted, and that the Letter of Credit not be required· Carried Unanimously. See Resolution No. 66. See By-law No. 89-301. B-89-95 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 18 Unit Condominium Buildings - w/s Portage Road, n/s Althea Street. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being proposed condominium buildings, and the site and landscape plan being drawing Number 1, and the site servicing plan being drawing Number -4 - Cowan, Hinsperger and Janvary abstaining from the vote on Cheque Nos. 53414, 53283 and 53376 respectively, on conflicts of interest previously recorded; with Alderman Cowan voting contrary on Cheque No. 53376; and with all others voting in favour. See By-law No. 89-306. RESOLUTIONS No. 66 - WARD - ORR - 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-55/88, Ritz Motel Ltd., Parkview Hotel), south-west corner of Buchanan Avenue and Murray Street, for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 67 - WARD - ORR - 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 1989, in the amount of $89,700.00 for the Capital Assistance Programme, and $73,000.00 for the Transit Operating Assistance Programme; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cu~ings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-301 - A by-law to amend By-law No. 79-200, as amended. (AM-55/88 Parkview Hotel/Ritz Motel; PD-89-179 approved by Council January 30/89). No. 89-302 - A by-law to establish certain one foot reserves as public highways. No. 89-303 - A by-law to authorize a release and abandonment of easement. No. 89-304 - A by-law to authorize the sale and conveyance of a public walkway being Block 1 on Registered Plan M-59 and designated as Parts 1, 2, 3 and 4 on Reference Plan 59R-6349. No. 89-305 - A by-law to authorize the execution of an agreement with Niagara Falls Canucks Hockey Inc., o/a Niagara Falls Junior"B" Hockey Club. No. 89-306 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cowan, Hinsperger and Janvary abstaining from the vote on By-law No. 89-306 on conflicts of interest previously recorded under Report No. F-89-56; with Alderman Cowan voting contrary on By-law No. 89-306 as previously recorded under Report No. F-89-56; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-301 - A by-law to amend By-law No. 79-200, as amended. (AM-55/88 Parkview Hotel/Ritz Motel; PD-89-179 approved by Council January 30/89). No. 89-302 - A by-law to establish certain one foot reserves as public highways. No. 89-303 - A by-law to authorize a release and abandonment of easement. No. 89-304 - A by-law to authorize the sale and conveyance of a public walkway being Block 1 on Registered Plan M-59 and designated as Parts 1, 2, 3 and 4 on Reference Plan 59R-6349. -g- The motion was amended on the motion of Alderman Campbell, seconded by Alderman Ward, that approval be given for the requested loan, subject to a 5 year agreement between Molson's and the Optimist Club. The amended motion Cardted with the following vote: AYE: Aldermen Campbell, Cummings, Hinsperger, Janvary, Puttick, Sherat and Ward. NAYE: Aldermen Chessman, Cowan, Herrington, Hopkins and The original motion to approve the $500,000.00 interest free loan Carried with the following vote: AYE: Aldermen Campbell, Cummings, Hinsperger, Janvary, Puttick, Sherat and Ward. NAYE: Aldermen Chessman, Cowan, Herrington, Hopkins and Orr. It was moved by Alderman Chessman, seconded hy Alderman Hinsperger, that t~e meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR S. SMEATON TWENTY-EIGHTH MEETING SPECIAL MEETING Council Chambers June 6, 1989 Council met on Tuesday, June 6th, 1989, at 4:30 p.m., for the purpose of considering the proposed Montrose Business Park. All members of Council were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. PROPOSED MONTROSE BUSINESS PARK Codaindication No, 240 - Chief Administrative Officer - Re: Special Council Meeting - June 6, 1989. The communication advises of the special meeting to consider the proposed Montrose Business Park, contains recommendations arising from the Corporate Planning Session held earlier by Council and Staff, and attaches a report from the Business Park Committee regarding the Montrose Business Park, including the following recommendations: 1) That Council exercise the option to purchase the lands from Welland Securities to establish a business park; 2) That Council develop the goutrose Business Park as a Municipally owned and operated business park; 3) That Council retain the consulting firm of Inducon/Acres to complete the remaining Phase II report at an upset limit of $43,800.00 (See Attachment "B" which lists the tasks to be completed); 4) 5) 6) That Council proceed with the archeological study of the proposed site; That Council proceed with the preparation of the reference plan; That the 5 year capital budget reflect the development of this site as a Municipal project end further that the required debt authority documents be submitted to the Regional Municipality of Niagara, and the Ontario Municipal Board for approval; 7) That Council petition the Region of Niagara and the Provincial Government for financial assistance on this Municipal development; g) That a report and recommendations be submitted to Council upon the completion of Phase II works. - AND - Comunieation No. 241 - Charles C. Chataway, Director, Nisgars Falls Economic Development Agency - Re: Gary Sorley. The communication provides information regarding actions taken by the Agency with respect to lack of available industr~.al l~nds in the City of Niagara Falls. Aldermen Cummings and Sherat declared conflicts of interest because they are employed with the firm involved in the study regarding this matter. Alderman Chessman, Chairman, Business Park Committee, discussed preparation of the above named report and advised that Mr. D.C. Czechy, P. Eng., Inducon Consultants of Canada Ltd., was in attendance. The following representatives of the Board of Directors, Economic Development Agency, were in attendance: Mr. John Corffeld, President; Mr. Frank Leslie, Vice President; Mr. Gabs Mallouk, Secretary; Mr. Ilenry Muller, and Mr. G.E. Fartell, Members of Board of Directors; Mr. C. Chataway, Director, and Ms. Janie Stafford, Assistant Director, E.D.A. Mr. Cotfield expressed the desire to proceed with the proposed business park. Alderman Hopkins asked that the appropriate amounts of $5,000.00 and $10,000.00, be added to Recommendation No,. 4 and 5 respectively, in the report. A lengthy discussion was held with respect to a proposed "charge back" amount based on the "benefit to the user of the property". -2- In response to questions raised, the City Treasurer advised that the funding required for the purchase of the property would be included in the capital budget and approval would be requested from the Ontario Municipal Board· The Solicitor pointed out that the exercise of the Option could not take place until approved by the O.M.B., and since the deadline for the Option is September 30th, 1989, he suggested that a by-law to authorize purchase of the property be forwarded to the O.M.B. as soon as possible. The Director of Planning & Development advised that the Consultants bed recommended the establishment of the Business Park, with controls to regulate the type of development. He discussed the possibility of an amendment to the Official Plan with respect to rezontng the lands "beyond normal industrial park uses". It was noted that a meeting between the developers and land owners had been scheduled for July lOth, 1989. A discussion was held regarding cost sharing and a proposed area benefit by-law with respect to |mrd services· ORDERED on the motion of Alderman Cheesman, seconded by Alderman Nopkins~ that approval be granted to proceed with the proposed Montrose Business Park. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflic~ntereet previously recorded, and with the following vote: AYE: Aldermen Campbell, Cheesman, Herrington, Hinsperger, Hopkins, Janvary, and Ward. NAYE: Aldermen Cowan, 0rr and Puttick. Aldermen Janvary and Puttick retired from the meeting. STRATEGIC ACEION PLAN The Chief Administrative Officer referred to the Strategic Planning Seminar held April 14th and 15th, 1989, and Report No. C-89-25 regarding this matter. ORDERED on the motion of Alderman Curamings, seconded by Alderman Ward, that the Strategic Planning Seminar report be received and adopted. Carried Unanimously. It was moved by Alderman Ninsperger, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED,k '_ · wiLg , TWENTY-NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 June 12, 1989 Council met on Monday, June 12th, 1989, at 6:45 p.m., in Conuntttee of the Whole. All members of Council were present. Alderman Shetar presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND PTED, , CITY CLERK ~ PLANNING/REGULAR MEETING WILL Council Chambers June 12, 1989 Council met on Monday, June 12th, 1989, at 7:30 p.m., for the purpose of considering Planning matters and regular business. All members of Council were present. Hie Worship Mayor Smeeton presided as Chairman. Alderman Herrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the minutes of the Special Meeting held May 29th, 1989, and the meeting held June 5th, 1989, be adopted as printed. Carried Unanimousl~.. REPORTS - PLANNING M~ERS VD-89-88 - Chief Adalulstrative Officer - Re: Zoning Amendment Application AM-13/89 - AND - O.P.A. No. 181 - Gary Niven (In Trust); 4015 Dorchester Road, South-west Corner Dorchester & Thorold Stone Roads. The report recommends that Council not support the request to change the designation of the subject lands from Residential to Commercial and the Zoning from Residential Single Family IC Density (RIC) to General Commercial (GC) with special site specific provisions limiting the use of the lands for a food store (supermarket). - AND - ~omsmlnic~tien No. 242A - R.I. Smiths Solicitor - Re: Public Meeting for an Official Plan and its Zoning By-law Amendment; OPA No. 181 - AM-13/89 - Proposed Supermarket at Thorold Stone Road and Dorchester Road, The communication expresses opposition to the proposal because "there is no demonstrated need for additional supermarket space in the City of Niagara Falls", and requests permission to address Council, - AND - CosmmicationNo. 242B - Joan Riekard - Re: Zoning Amendment Application A~-13/89. The communication opposes the application because of increased traffic congestion, noise, parking lot lights, unsightly garbage and truck docking areas, devaluation of adjacent homes, as well as lack of need for additional mix of commercial units in residential areas and this particular facility, - AND - CosmmioationNo. 242C - Ready M. GrimesT Directors IBI Group - Official Plan Amendment - Paramount Properties for the Southwest Quadrant of Thorold Stone Road and Dorchester Road. The communication advises that "the proposal should not be considered by the City for reasons associated with market and planning issues"s and expresses the desire to discuss the matter in Council, -2- - AND - Co--unication No, 242D -MaryL. Adsme - Re: 0.P.A. #181 & AM-13/89. The communication submits objection to the amendments at 4015 Dorchester Road for the foliowing teasass: lack of increase in residential population and vacant commercial buildings in the area, and the suggestion that the development should be considered in the Northwest area, west of the Q.E.W., as provided in the Northwest Community Secondary Plan; lack of overall City growth requiring a large supermarket; increased traffic problems; the proposal is contrary to the Commercial/Office Opportunities Study adopted by Council in 1988; and the communication states that the site should remain residential because of campati- bility with surrounding areas. - AND - Co-munlcatton No. 242E (HANDOUT) - Allan R. Goat, P. Eng. · Group 2 Development Lislted- Re: O.P.A. No. 181 & AM-13/89. The communication expresses opposition to the application on behalf of the company and merchants in the Town and Country Plaza because of low sales increases in the Plaza; declining gross sales ih food ~ales at 'the Plaza; three major food stores end a small food store within one mile of the subject site; stable population east of the Q.E.W.; previously zoned and approved commercial sites not built up; anticipated decreased sales when shopping is available west of the Q.E.W.; and further, that the application is contrary to the recently completed Commercial/Office Opportunities Study. 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 lands were located on the southwest corner of the Intersection of Thorold Stone Road and Dorchester Road, known Municipally aS 4015 Dorchester Road; that the applicant was requesting an amendment to the Official Plan and Zoning By-law to permit the construction of a 30,000 square foot supermarket on the subject lands; that the Notices of the Public Meeting were forwarded on Nay 12th, 1989; and that a Notice was published in the Niagara Palls Review, regerdingthe Official Plan Amendment, on May 12th, 1989. He further stated that a letter had been recelved this evening from Joe Marerrs, Joe Marerrs Investments Ltd., opposing the application because of "an over-supply of commercial land" and current vacant commercial space in the City. Alderman Puttick declared a conflict of interest because a member of his family works for the Oshawa Group. Alderman Ward declared a conflict of interest because of a business relationship. 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 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 not{ca 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 ]ands with the assistance of posted sketches~ and reviewed the following information included in Technical Report PD-gg-85: Development Proposal; Official Plan; Zoning By-law; Surrounding Land use; Comments From the Public Notification Process; and Planning Review. He advised that Staff was unable to recommend approval because of the following issues: The subject lands have been designated for residential purposes in the City's Official Plan since 1969, end were zoned for single family resident- is1 use since 1960. The property could he developed under the existing zoning for an eight lot subdivision. e Any commercial status the property may have had in the past was lost approximately 4 years ago when the Monroe*s Farm Market was destroyed by fire and commercial activities on the property ceased. Ample opportunities exist in the Stamford Centre area for commercial development and recent interest in commamini development to serve the northern portion of the City has been directed to this node. An applica- tion is currently being processed for a supermarket in the Stamford area. -3- Commercial development existing at the Thorold Stone and Dorchester Road intersection is considered to be neighbourhood commercial in nature. On this basis, expansion of the node has been resisted in the past in fayour of directing new commercial development to properly designated areas in keeping with Official Plan policies. The Commercial/Office Opportunities Study, adopted by Council in July 1988, identifies the Northwest Community as an area of growth, with a need for a supermarket facility. The subject application undermines the principle aim of the study which promotes the strengthening of existing commercial nodes, rather than the expansion of neighbourhood commercial uses to serve greater market areas. A retail market study, prepared by Emrik H. Suichies and Associates, as supporting material for the proposed amendments, does not support the recently adopted Commercial/Office Opportunities Study adopted by Council and appears to overestimate the Prospective expenditures on supermarket goods and the potential market size. 5 The Northwest Community Secondary Plan adopted by Council in 1982 directs the provision of a centrally located nefghbourhood shopping centre to provide the primary focus for commercial and retail services in the North- west Community. A full service supermarket is to be promoted as an Janchar' for this neighbourhood shopping centre together with a variety of convenience goods and service outlets· 0. The proposed commercial use of the property will adversely impact the surrounding residential land uses including disturbances from truck deliv- eries using a driveway along the south and west property lines, noise and fumes generated by on-site vehicular movement, garbage removal and lighting. Further, the site's topography, with a difference in elevation of approximately 3m (10 ft.), will likely require significant grading changes and will reduce the potential for adequate buffering. Prom a trafflc perspective, no apparent assessment of these two 4-lane arterial roadways and their intersection has been made. The introduction of a major commercial use at this corner from a traffic ingress and egress point of view is less than desirable and will warsen existing conditions. The City's Commercial Study states that only one supermarket is required in the Northwest Community and that it should be included in a planned shopping centre where the generating of traffic can be addressed and integrated into the overall community design and road network. The Building Department has indicated that 17 parking spaces along the north property line are located within the proposed street llne and cannot be used as required parking. Based on figures provided by the applicant, the elimination of these spaces will result in a deficiency in parking. A supermarket facility on this site will likely have little effect in recapturing expenditures leaving the City or capturing expenditures flowing outside the Municipality. The way to recapture lost expenditures is not to develop single use facilities but t~ough a planned shopping centre with a collection of commercial uses and a . apermarket as one of the anchor stores. 25 The arguments in favour of the site for commercial development by Mr. O'Dell are contrary to the City's Commercial Study prepared by the same consultant which called for a strategically located community shopping plaza in the Northwest Community to accommodate the community shopping needs of residents within that planning district~ as well as to recapture lost dollars. Concern has been expressed that the dwelling which currently exists on the subject lands has historical significance and should be maintained for future museum purposes. If the subject lands were developed as a residen- tial single family plan of subdivision, the existing dwelling could be preserved on one of the lots. The Director of Plannin8 & Development stated that the Planning Department did not recommend the development, .{ -4- His Worship Nayor Smeaton received n negative response to his request for comments from persons, ether then the applicant or his agent, iu support of the application. Mr. R,I. Smith, Solicitor for the 0shawa Croup; Robert Gnuthief, 4068 NcKinless Crescent, representing residents in the uetghbourhood of the subject lands; Randy M. Grimes, Director of IBI, representing River Realty; Allen R. Gear, P. Eng., Group 2 Development Limited; and many other concerned citizens were in attendance. They expressed agreement with the recommendations and concerns included in Report No. PD-89-88, submitted a petition opposing the application, and expressed opposition to the application in terms of increased traffic congestion, neise~ gasoline fumes, lights, security aspect, and adequacy of food stores in the Stamford area. Mr. Grimes referred to the recommendations in the Commercial/Office Opportunities Study with regard to approval of a shopping centre as a "major anchor", and the proposed application placing the lands of River Realty "in Jeopardy". Mr. Gear referred to the declining sales in existing food stores in the area. Mr. I.J. Lord, Solicitor, representing Gary Niven in Trust, reviewed sections of a written submission containing background information regarding the application~ including meetings with City Staff and builders, contacts with developers of a commercial nature and food store operators, as well as contacts with immediate neighbeurs. He submitted 60 letters of support (without addresses). Mr. Lord stated that the application had been submitted prior to the completion of the Commercial/Offices Opportunities Study, and discussed the recognition of a need for sensitivity in this application, the necessity to here the docking area indoors, landscaping, trees, and site plan control. He discussed the market opportunity for food store space in the Stamford node, and stated that a commercial centre west of the Q.E.W. was "not in the imminent future". Mr. Lord advised that he would be willing to resolve matters of concern and expressed appreciation to Staff for their consideration. Mr. Ken Troughton, Manager of Market Development, LOEB, referred to his independent study during the past 2 1/2 years, and stated that the subject property was the "only piece of real estate that we have to consider as potential". Mr. Robert Gilchgrist, P. Eng., PaP Transteah Inc., discussed the traffic impact study completed for the proposed commercial development, traffic characteristics and arterial street system. Mr. Bob O'Dell, Miller O'Dell & Paul, Planning Consultants, discussed the Commercial/Office Opportunities Study, stated that there was "sufficient population to support a supermarket in this netghbourhood", referred to an alternative "poorly located" market site on Drummond Road, and stated that the commercial development was compatible with adjoining lands. Mrs. Isobel Walker, 6971 Thorold Stone Road; Mrs. ViFky Savciga, 4078 McKinless Crescent; and Mr. Greg Scobie, 7064 Burbank Crescent, discussed concerns regarding the current traffic and access problems in the area, Following further dlscussion~ Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted and the application denied. The motion Carried with Aldermen Puttick and Ward abstaining from the vote on conflicts of interest previously recorded, end with the following vote: AYE: NAYE: Aldermen Chessman, Hartlegion, Mopking, Janvary, Orr and Sherat. Aldermen Campbell, Cowan, Cummings and Minsperger. His Worship Mayor Smeaton declared a 5 minute recess. Following the recess Council reconvened for the balance of the meeting. 1q1-89-89 - Chief A6ainistretiveOffieer - Rei Zoning By-law Amendment AM-7/89~ D. DiCienzoJ 7857 Niagara River Parkway (Inn-on-the-Parkway). The report recommends that Council not support the Zoning By-law amendment application to parmita high-rise hotel development in the Chippaws area. - 5- - AND - Cosmunication No, 243A - Mrs. Jean Reuccio - Re: Zoning By-law Amendment Application AM-7/89. The communication opposes this application, and "any other such applications in the Village of Chippaws", because of the desire to preserve the Chippaws community atmosphere; states that the increased visitors to an hotel in the area would have an undesirable effect on the beach area and Chippaws Creek; and refers to Increased traffic problems and the currently "over-taxed sewer system". - AND - ~o$~unication No. 243B - D. Shawn Bates - Re: Zoning By-law Amendment ApplicattonkM-7/89. The communication advises that over 1500 residents in the Chippaws area have signed a petition opposing the application. - AND - Coslunicstion No. 243C - Doug Fanblares, President, Chippaws Business Association- Re: Zoning Amendment Application AM-7/89. The communication advises that the Association unanimously opposes the rezoning, since the high- rise structure was "not compatible with the historic old world ambience of Chippaws" nor with a previous study, and recommends that the application be denied, or approval postponed, pending a long range development and revitalize- ties study. Communication No, 243D (HANDOUT) - Ministry of the Environment - Re: Zoning Amendment Application AM-7/89. The communication provides the following infor- mation regarding a previous letter: "A comprehensive program to limit any further (and ultimetel7 eliminate) direct discharges of raw sewage to the Welland River from the Chippaws community is in place". Alderman Cummings declared a conflict of interest because a member of his family is employed by the applicant. Alderman Ward declared a conflict of interest because he has a business relationship. Mis Worship Mayor Smeaton declared the Public Meeting open and stated that the procedure would be similar to the previous application. The Clerk stated that the subject lands were located on the southeast corner of the intersection of the Niagara River Parkway and Rapids View Drive, known Municipally as 7857 Niagara River Parkway; and that the application was requesting an amendment to the maximum height limit of the Zoning By-law~ to allow the construction of two 14 storey hotel buildings, retain four existing motel structures containing 41 units and an existing restaurant facility. He further stated that the Notices of the Public Meeting had been forwarded on May 12th, 1989. His Worship Mayor Smeatou stated that the applicant and his representative were in attendance~ and received a positive response to his request for a show of heads of persons interested in 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 discussed the following information contained in Technical Report No. PD-89-87: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments Prom the Public Notification Process; and Planning Review. Me stated that the following analysis highlights the concerns with respect to this proposal: The property is not located in the area identified for high-rise hotels by the Motel Study Interim Guidelines. The site has a large lot area and should be able to provide exceptional site design featureas whereas the proposal only meets the minimum standards of the Hotel Study, which are intended for much smaller properties in the tourist commercial core. Extendin~ the high-rise hotel development boundaries to include this area is contrary to the planned approach to strengthen the core area by directin~ high rise development to a central location where oars would remain parked at the hotel while visitors walk between attractions and tourist services. -6- 3, The proposal is contrary to the Laumer-Femeo Study and Tourism Economic Impact Study Strategy, which encourage8 different kinds of tourism devel- opment in different areas. High-rise hotel development in this area would only repeat a form of development occurring elsewhere in the City. 4. The Tourism Strategy promotes themad tourist areas. This proposal does not reflect the low-rise scale and village character of the Chippawa area. 5. The proposed 321 room development does not include resort hotel features (unique entertainment facilities, conference centre, specialized recrea- tional services) which the Tourism Strategy suggests are necessary to serve a8 demand generators. 6. The proposal is premature until the proposed comprehensive tourtam plan, based on past studies and a Provincial agreement is developed which will address tourist accommodation and the height issue. 7. Chippawa provides a unique waterfront setting with an interesting historical background which this proposal does not recognize. The proposed development is intended to take advantage of views downstream toward the falls. 8. The capacity of the sanitary sewage system appears to be inadequate to accommodate waste generated by this development. An engineering study has been requested. The Ministry of the Environment does not support this pro- posal because of servicing concerns. 9. The Engineering Department requires that a study b~ undertaken of the road system and the effects traffic, generated by the hotel, will have. It does not appear that the proposed driveway to the Niagara Parkway is satisfact- orily located. The Deputy Director of Municipal Works confirmed the information previously recorded with respect to underground sanitary sewer capacity, recommended a traffic study regarding the impact with respect to residential roads, as well as increased curbs, gutters and sidewalks, and storm sewer system. He stated that condition of approval would include recommendations regarding the storm drain system, and that downstream sewers and flooding would not be adversely affected by the development. A discussion was held regarding the present zoning, solutions to storm drainage, the current freeze on new development in the Chippaws area, and the possibility of an interim control by-law. His Worship Mayor Smeaton received a negative response to his request for comments from persons, other than the applicant or hia agent, in support of the application. Mr. Doug Emhleton, President of the Chippawa Business Associations discussed concerns regarding incompatibility of the proposal in the area, flooding problems in homes on Rapids View Drive, inadequacy of the sewer system, and open ditches on Rapids View Drive. Mr. Lon Robertson, 8143 Sarah Street~ expressed concern regarding the sewage systems and recent flooding damage to homes in the area. Me urged Council to deny the application, and submitted a petition signed by 800 residents in the area who were opposed to the application. Mr. Rick Frigault, 3584 Rapids View Drive; Bill Boasleigh, 2552 Bridgewater Street; Keith Hilborn, 8019 Sarah Street; Judy Lavey, 3585 Rapids View Drivel and Des Sullivan, Solicitor on behalf of residents of Pmpids View Drive, expressed opposition to the application in terms of height intrusion, traffic hazard, lack of sidewalks, ditches, and lack of play area for neighbourhood children. Reference was made to the anticipated over-crowded beach condition, noise pollution, buses with motors running throughout the night, change in the characteristic of the Village, basement flooding, proximity to a single family residential development of high quality homes as well as an older development, and access problems. Council was asked to consida~ the cumulative aspects and not support the application, -7- Mr. Victor Muratori, Solicitor for the applicant, distributed and reviewed a written submission. He stated that the application was requesting a change in height restriction only, to transfer densities from horizontal to vertical in the form of two towers containing a total of 280 units. Mr. Muratori discussed the current zoning, proposed setback, impact on adjacent residents, and stated that the proposal was a better development from a quality point of view. tle suggested methods of controlling the water problem, and stated that his client was willing to work towards having a minimum affect on the neighbouts. It was moved by Alderman Hfnsperger, seconded by Alderman Sherat, that approval be granted to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cummings, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Aldermen Cowan, Herrington and Puttick. Council continued with consideration of Report No. PD-89-89. Following further discussion, His Worship Mayor Smeaton declared the Public Meeting closed. It was moved by Alderman Puttick, seconded by Alderman Orr, that approval be granted. The motion was Defeated with Aldermen Cummings and Ward abstaining from the vote on conflicts of~nterest previously recorded, and with the following vote: AYE: Aldermen Cowan, Orr, Puttick and Sherat. NAYE: Aldermen Campbell, Chessman, Harrtngton, Hinsperger, Hopkins and Janvary. It was moved by Alderman Hopkins, seconded by Aldermen Hinsperger, that the report be received and adopted, and the application denied. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of' interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Chessman, Herrington, Hinsperger, Hopkins and Janvary. NAYE: Aldermen Cowan, Orr, Puttick and Sherat. PD-89-90 - Chief Administrative Officer - Re: Zoning Amendment Application AM-14/89, Aiello Holdings Ltd.; 3640 & 5658 Stanley Avenue and 5659 Buchanan Avenue. The report recommends that Council not support the requested change in Zoning from the Tourist Commercial (TC) and Deferred Tourist Commercial (DTC) zones to the Tourist Commercial (TO) zone with special site specific provisions for the construction of an hotel, having a height of 19.93m (65.39 it.), as the subject lends are situated outside the Development Zone of Council's Hotel Study Interim Guidelines and will adversely impact the surrounding residences. - AND - Cosmunication No, 244 (HAIM) - MininiL-7 of the Environment - Re: Zoning Amendment Application AM-14/89. The communication advises that the Ministry is unable to support this application unless it can be assured that sanitary sewage flows from the development do not cause problems with the sewage collection system and to the natural environment or sewage pumping stations. His Worship Mayor Smeaton declared the Public Meetin~ open, end stated that the procedure would be as in the previous applications. The Clerk advised that the property was located on the southeast corner of the intersection of Stanley Avenue and North Street, and a portion of the subject lands front on the west side of Buchanan Avenue, known Municipally as 5640 Stanley Avenue. He stated that the applicant was requesting an amendment to the Zoning By-law to permit the construction of a 7 storey, 84 unit hotel once the existing 2 storey motel structure and a residential dwelling are demolished; and further, that Notices of the Public Meeting were forwarded to interested persons on May 12ths 1989. -8- His Worship Hayor Smeaton noted that Mr. W. Slovak, Solicitor, wee in attendance on behalf of the applicant[ 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; and 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-89-82: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Planning Review; and Site Plan Review. He stated that the proposed amendments to the Zoning By-law should not be approved, and discussed the following issues taken into consideration: The proposed high-rise hotel is considered premature as the site is located outside the Queen Victoria Park Tourist area where high-rise hotel development is intended to be promoted as recommended by the Lanmer-Fenco Study and the Hotel Study Interim Guidelines. The proposal does not promote the tourism planning objective of the Lsnmer-Fenco Study regarding the creation of an integrated pedestrian orientsted tourist core environment, comprised of centralized high-rise accommodation facilities, shopping areas and visitor attractions. Approval of the application will weaken the image and identity of the established tourist co~unereial core by allowing dispersed development to occur. The site is removed from the areas which provide unique views or vistas considered to be desirable for high-rise hotels. The orientation of the proposed high-rise hotel and the configuration of the subject lands will reduce the privacy of area residences. Lands to the east of the subject site are presently zoned Deferred Tourist Commercial (DTC) and contain a residential neighbourhood which should be protected from the expansion of tourist commercial uses. The proposal will remove an existing structure which currently provides a certain degree of privacy and noise protection to abutting residences. The site is presently situated in the periphery of the core tourist commercial area. While the redevelopmeet of the subject lands for continued accommodation purposes can be supported, at this point it should follow current zoning standards. Shadows cast by the proposed 7 storey betel will likely impact on the adjacent residential properties, especially those situated immediately to the east of the site. 8. The redevelopmeet potential of the five abutting residential properties to the east are not coatemplated by the proposal and the 7 storey hotel will significantly alter the existing skyline of the neighbourhood. His Worship Mayor Smeeton received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application. Mr. Vincent Mancuso, 5653 Buchanan Avenue, addressed Connull on behalf of persons present who were in opposition to the application. He discussed the shadowing effect, the recommendations of the Hotel Study and Lanmer-Fenco report, and referred to the prematurity of the proposal. Mr. Hancuso stated that the proposed high-rise hotel would impinge on the privacy of urea residente~ that there have been problems with the sewers which were not adequate for extra sewage; that the roads would not ~mndle extra traffic and stated that North Street was "little better than a dirt road and Buchanan Avenue had deteriorated because of the traffic". Mr. Slovak distributed reduced sketches of the subject lands, and discussed the request for a reduced high-rise application from 8 to 7 stories containing 84 units. He stated that landscaping bed been increased and a buffer strip added; and that an attempt had been made to reduce the intensity of the development on the site and alleviate traffic concerns regarding Buchanan Avenue. He referred to the Lanmer-Fenco Study as a guideline only~ and discussed precedents to this application. -9- Mr. Guntar Sommerfeldt, Guntar gommerfeldt Inc., Design Consultant, discussed shadowing of the proposed hotel On adjoining lands in terms of seasonal changes. Mr. Slovak advised that the residents on Buchanan Avenue would be only minimally affected by shadowing. Following a further discussion regarding acquisition of properties on Buchanan Avenue, bus parking and sewage problems, Mayor Smeaton declared the Public Meeting closed, ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the applfcatiou be approved subject to a provision in the Site Plan Agreement regarding the parking of buses. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessmen, Cowan, Hiespatter, Orr, Puttick and Ward. NAYE: Aldermen Cummings, Harrington, Hopkins, Janvary and Sherat. PD-89-91 - Chief Administrative Officer - Re: Zoning Amendment Application AM-15/89 and O.P.A. No. 179, Tridea Properties; 6289-6311McLeod Road. The report recommends the following: 1) 2) 3) 4) That Council support the request to amend the Official Plan and change the Zoning to Residential Apartment 5B Density Zone (RSB), including the requested reduction to the provision respecting minimum lot area per dwelling unit~ and that provisions respecting maximum floor area per dwelling unit be included in the amending by-law; That matters respecting storm water retention, fencing, buffering, road widening requirements, entranceways, landscaping, lighting, etc., be resolved to the satisfaction of the City and the Region through the Site Plan approval process; That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and stated that the procedure would be similar to that followed in the previous applications. The Clerk stated that the property was located on the north side of McLeod Road and known Municipally as 6289 and 6311 McLeod Road; that the Notices of the Public Meeting had been forwarded on May 12th, 1989 and a Notice published in the Niagara Falls Review, regarding the Official Plan Amendment, on May 12th, 1989. His Worship Hayor Smeaton received a positive response to his request for an indication of the presence of the applicant or hie agent, and a show of hands indicating the presence of persons interested in 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 foliowing information contained in Technical Report No. PD-89-80: Official Plan, Zoning By-law; Surrounding Land Use; Comments From the Public Notification Process; and Planning Review. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in fayour of the application. Mr. Art Mitchell, 6361McLeod Read; and Mr. Fred Martin, 6312 Hawkins' Street, discussed the condition of the property, pending in the rear yard, uncut grass, the driveway made of crushed battery boxes, adequacy of proposed parking spaces, lack of sidewalks, and requested a catch basin at the north end of the property as well as fencing. Mr. Terry Willick, tenant on the subject lands, discussed his attempts to clean up the property, reviewed the vehicles and equipment parked on the lands, and discussed his compliance with property standards. m m , - 10 - Mr. R. Brady, Proctor & Redfern Group, Consulting Engineers & Planners, addressed Council on behalf of the applicant. Re stated that the materials in the driveway had been placed there by the tenants, that there would he sufficient parking spaces, and that this would be a rental structure containing units with relatively small square footage. Mr. Brady agreed to the require- ments of the Planning Department and suggested that the subject location "was particularly well suited to this type of application", in terms of bus routes and a major park nearby. During the discussion, it was noted that the need for a rear yard catch basin and fencing would be addressed durir~g site plan considerations. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger~ that the report be received and adopted, and approval granted. Carried Unanimously. REPORTS (1)-59-34 - Chief Administrative Officer - Re: Proposed Plan of Subdivision T.G. Bright Business Park, File: 26T-88034. The report recommends that the T.G. Bright Business Park Subdivision be approved subject to the conditions enumerated in this report. Aldermen Cummings and Sherat declared conflicts of interest because they are employed by a company within the subject area. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded and with all others voting in fayour. (I)-89-35 - Chief Ad~uistrative Officer - Re: Proposed Plan of Subdivision "Balmoral Court", File= 26T-89005. The report recommends that the Balmoral Court Subdivision be approved subject to the conditions enumerated in this report. ORDERED on the motion of Alderman Chessman, seconded by Alderman err, that the report be received and adopted. Car=led Unanimously. HN-89-98 - Chief A~mhfistrative Officer - Re: Geetechnical Consulting Services for Dorchester Road Sanitary Sewer Repairs. The~ report recommends that the by-law appearing on tonight's agenda authorizing the execution of the consulting services agreement with TROW Ontario Ltd., at an estimated cost of $24~525.00, to provide geotechnicel services for repair of the Dorchester Road sanitary sewer~ be approved. ORDERED on the motion of Aldermen Puttick, seconded hy Alderman 0rrs thet the report be received and adopted. Carried Unanimously. See ST-law No. 89-151. Ng-89-111 -Chief Adsinistretive Officer - re: 1989 Capital Budget Project Repairs on Dorchester Road from Thorold Stone Road Southerly to Approximately Morrison Street. The report recommends that the by-law appearing on tonightts agerids be passed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orrs that the report be received and adopted, Carried Unanimously. See By-law NO. 89-152. - 11 - NW-89-114 - Municipal Works Committee - Committee Report: 1989 Tender for Supply and Application of Traffic Marking Paint. The report recommends that the supply end application of traffic marking paint be re-tendered and that consid- eration be given to splitting the tender into two separate parts. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. F-89-32 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2~954s795.01 for the period ending June 12th, 1989, be approved by the passing of the by-law appearing later on the agerids. Alderman Campbell declared a conflict of interest on Cheque No. 42115 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 41992 because he has a business relationship. Alderman Hlnsperger declared a conflict of interest on Cheque Nos. 41987 and 41989 because he is employed with the company. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. The motion Carried with Aldermen Campbell, Chessman and Hinsparger abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. See By-law No. 89-154. CD-89-36 -Chief Administrative Officer - Re: Public Meeting re Name Change Request - Portion of Warden Avenue to Hateric, Lane. The report recommends that subject to input received at this public moeting~ the by-law on tonight's agenda be given 3 readings and be passed, and that the by-law be registered in the Registry Office for Niagara South. There was a negative response to Mayor Smeaton's request for comments from persons interested in this matter. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 89-149. S-89-10 - Chief Administrative Officer - Re: Stopping Up and Closing of Those Parts of Second Avenue (formerly Second Street) at Highway No. 420 (Robert, Street). The report recommends that Council pass the by-law appearing on tonight's agerids to authorize the stopping up and closing of those parts of Second Avenue (formerly Second Street) at Highway No. 420 (Robert, Street)s according to Plan 746 for the former Town of Niagara Falls~ now known as Plan 9, after first hearing any person who claims that his land will be preJudicially affected by tim by-law, and who applies to be heard. There was a negative response to Mayor Smeatonts request for comments from persons interested in this matter. ORDERED on the motion of Alderman Chessman, seconded by Aldermen Janvarys that the report be received and adopted. Carried Unanimously. See B~-law No. 89-153., BY-LAWS ORDERED on the. motion of Alderman Cummings, seconded by Alderman Orr, that leave b~ gr~nted to introduce the following by-laws, and the by-laws be read a firmt tl~e~. No, 89-149 -A by-law to change the name of pert of Warden AVeuue~ lying north of Dunn Street to Herovies Lane. 89-150 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for reconstruction of Laura accord Place from Bridgewater Street to Main Street. - 12 - 89-151 - A by-law to authorize the execution of an agreement with TROW Limited respecting geotechnical consulting services for Dorchester Road sanitary sewer repairs. No, 89-152 - A by-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. No, 89-153 - A by-law to stop up and close those parts of second Avenue (formerly Second Street). No. 89-154 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Chessmen and Hinsperger abstaining from the vote on ~y-law No. 89-154, on conflicts of interest previously recorded under Report No. F-89-32; and with all others voting in fayour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Puttick, that the following by-laws be now read a second and third time: 89-149 - A by-law to change the name of part of Warden Avenue, lying north of Dunn Street to Herovice Lane. 89-150 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for reconstruction of Laura Secord Place from Bridgewater Street to Main Street. Moo 89-151 - A by-law to authorize the execution of an agreement with TROW Ontario Limited respecting geotechnical consulting services for Dorchester Road sanits.ry sewer repairs. 89-152 - A by-law to authorize the contruction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. 89-153 - A by-law to stop up and close those parts of Second Avenue (formerly Second Street). No. 89-154 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Chessman and Hinsperger abstaining from the vote o~ ~y-law No. 89-154, on conflicts of interest previously recorded; and with all others voting in layout. It was generally agreed that the balance of the Agenda would be considered st the next meeting of Council. It was moved by Alderman Janvary, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, 'FV . WWqq THIRTIETH MEETING COMMITTEE OF THE WHOLE Committee Room #1 June 19, 1989 Council met on Monday, June 19th, 1989, at 7:00 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Puttick who was absent on City business, and Alderman Orr were present. Alderman Cowan presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ A OPTED, - . : .... REGULAR MEETING Council Chambers June 19, 1989 Council met on Monday, June 19th, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Puttick who was absent on City business, and Alderman Orr were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held June 12th, 1989, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS FROM JUNE 12~H, 1989 COMMUNICATIONS No. 245 - Regienal Niagara Planning & Development Department - Re: Bill 211 The Rental Housing Protection Act, 1989. The communication attaches Report DPD 2491. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be referred to Staff for information. parried Unanimously. No. 246 - Regional Niagara Planning & Development Department - Re: Draft Policy Statement on ~etlands Under The Planning Act. The communication attaches Report DPD 2493. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimouel~. No. 247 -OntarioBydro - Re: Niagara River Hydroelectric Development Transmission Incorporation Environmental Assessment Study. The communication provides information regarding the project. Alderman Cummings and Sherat declared conflicts of interest because they are employed by a company involved. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the communication be received and filed. The motion Cartled with Aldermen Cummings and Sherat abstaining from the vote on conflicts of ipterest previously recorded, and with all others voting in fayour. No. 248 - J,A, Bastedos Sales & Marketing Buffers Hands Fireworks Ins, - Re: 1989 Canada Day Fireworks Display. The communication advises that the Niagara Parks Commission has asked the Company to set up and fire the display. - 2- ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the City Clerk be authorized to issue the necessary permit subject to the applicant submitting proof of Liability and Property Damage Insurance. Carried Unanimously. No, 2&9 - Sendra Hatmr, Sri Cktumoy O~enese-Home- Re: Peace Run '89 - International Global Relay. The communication requests permission to have the run pass through Niagara Falls on Wednesday, June 21, 1989, and asking that the Mayor present the runners with a proclamation of peace at Table Rock at 6:30 a.m., to be presented to the Prime Minister on Canada Day, in Ottawa. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the requests be granted subject to established policy, and approval of other authorities. Carried Unanimously. No. 250A - Regional Niagara - Re: Summary of 1989 Provincial & Federal Budgets' ~mpa~ ~b~eport DF89-72 Impact on Federal and Provincial Budgets. - AND - No. 250B (HANDOOT) - Mayor William $. gmeaton - Re: Regional Municipality of Niagara Finance Department Reports - Summary of 1989 Provincial & Federal Budgets Impact and Impact of Federal and Provincial Budgets. The communication advises that these reports are for information only. ORDERED on the motion of Alderman Cu~u~ings, seconded by Alderman Htnsperger, that the communications be received and filed. Carried Unanimously. No. 251 - Gregory g. Soto, President, Ontario Public Service FapZoyeee Hnlon (OPSE~) - Re: Ambulance Service Cutbacks. The communication asks Council to endorse a resolution "condemning the cutbacks in the Ministry of Health ambulance services", expressing concern, and asking that the cutbacks he halted and full ambulance coverage be re-instituted. Mr. Jim Boutfiller, Unit Steward OPSEU L215, was in attendance to express concern regarding the shortage of time. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the matter be referred to Staff for further information, and the Clerk be directed to phone the Ministry of the Health for information. Carried Unanimously. NO. 252 - ILleta M. Me, Sales Manager, The Buffalo Ne~s - Re: Friendship Festival '89 - inviting participation By purchasing an advertisement to this special issue. During the discussion it was generally agreed that Mayor Smeaton would purchase an advertisement in the amount of $230.25 from his contingency fund. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. REPORTS NM-89-79 - Chief Adainistrative Officer - Re: Procedure for Dealing with Encroachment, onto City Easements and Easement Encroachment Lot 147, Plan 59M-77 Drummond Park Village Subdivision. The report recommends the following: 1) That the procedure dealing with Municipal easement encroachment,, as outlined heroin, be adopted; 2) That the City easement rights be lifted on Lot 147, Plan 59M-77 a8 shown on the attached Plan 59R-6387, subject to the procedures outlined herein. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. · 1~89-112 - Bunieipal Works Comittna- Re: Committee Report: Purchase of 1989 Model ~oblle Catchbasin and High Velocity Sewer Cleaner. The report recommends that a mobile catchbasin and high velocity sewer cleaner not be purchased as a new piece of equipment and that the high pressure cleaninE of sewers continue to be done hy contract for 1989 and 1990, ORDERED on the motion of Alderman Cheesmanm seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimouslye -3- !~89-113 - Municipal Works Committee - Re: Committee Reports: The report recommends the following: 1) NW-89-104, Fifth Avenue Surface Condition - It is recommended that Fifth Avenue be considered in the 1989 Overlay Program. 2) the Ng-89-108, Walk~ay Adjacent to Chert~ood Acres School Between Pettit Avenue & To~er's Plaza Parking Lot - Walkway No. 20 - It is recommended that fencing be installed at both ends of Walkway No. 20 in order to discourage the use of the walkway by motorized vehicles. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that report he received and adopted. Carried Unanimously. MW-89-115 - Municipal Workn Committee - Re: Committee Report: Keiffer Street Local Improvements. The report recommends the following: 1) That the requested sidewalk and road improvements (road works and curbs and gutters) be undertaken in conjunction with the trunk storm sewer construc- tion and that these works be undertaken as one project in 1990; That the 1990 Capital Budget include the necessary allocations to allow these works to proceed and that the necessary by-laws be approved early enough in the year to allow the project to proceed in 1990; and That the road improvements (road works and curbs and gutters) be subject to approval of the necessary Local Improvement Act By-law. ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherat, the report be received and adopted. Carried Unanimously. 2) 3) that JUNE 19, 1989 UNFINISHED BUSINESS BREAK-OPEN LOTtERy LICENCE/ONTARIO HEAD INJURy ASSOCIATION - CO-89-&0 - Chief Administrative Officer - Re: Break-Open Lottery Ltcence Ontario Head Injury Association. The report recommends that an exemption be granted to Sections #3 and #4(b) of the "Terms and Conditions under Which a Break-Open Litonce is Issued", to permit the Ontario Head Injury Association to sell Break-Open Tickets on July 17, 1989 st the Wills-Dell golf Course during the Golf Tournament and associated events. Aldermen Cummings and Hopkins declared conflicts of interest because they are members of organizations which conduct btngos. ORDERED on the motion of Aldermmn Htnsperger, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Cummings and Hopkins abstaining from the vote on confli~ interest previously recorded, and with the following vote: AYE: Aldermen Cheesmau, Cowan, Herringtons Hinsperger, Janvary and Ward. NAYE: Aldermen Campbell and Sherat. BINCO OPERATIONS IN NIABARA FALLS - CD-89-41 - Chief Administrative Officer - Re: Bingo operations in Niagara Falls, The report recommends that Report CD-89-42 be tabled for one week to allow for proper notification of the heads of each bingo committee. Aldermen Cummings, Hopkins and Ward declared conflicts of interest because they a~e members of organizations which conduct hinges. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote onco"~icte of interest previously recorded, and with all ethers voting in layout, I - AND - -4- CD-89-42 - Chief Administrative Officer - Re: Bingo operations in Niagara Falls. The report recommends that the event calendar for late night btugo be maintained and that there be no additional events granted £or the late night Friday and Saturday time slots. Aldermen Cummings, Hopkins and Ward declared conflicts of interest because they are members of organizations which conduct hinges. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and filed. The motion Cartie4 with Aldermen Cummings, Hopkins and Ward abstaining from the vote sn conflicts of interest previously recorded, and with all others voting in fayour. COMMUNICATIONS No. 253 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality, Monthly Report for April 1989. The communication attaches Report DEP-2947. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No, 254 - Regional Niagara Public Works Department - Re: Combined & Sanitary Sewer Overflows/Regional Municipality of Niagara. The communication attaches Report DEP-2944. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hiasperger, that the communication be referred to Staff. Carried Unanimously. No. 255 - Ministry of the Environment - Re: Innovative Waste Management Technology & Alternative Waste Disposal Methods. The communication responds to a letter received from the City of Niagara Falls urging a cooperative working relationship between the Ministry, Municipalities and the private sector. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the commumicatton be received and filed. carried Unanimously, No. 256 -Harry A. Hill, Chairman, Indianl)efenae League of America (IDIA), · ~xecutive Committee - Re: Annual Border Crossing Parade & Celebration - Saturday, July 15th, 1989. The communication requests a Parade Permit. Mr. Harry Hill was in attendance to respond to questions raised. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the request be granted subject to the approval of other authorities. Carried Unanimously. He, 257 - Tim Ferret, Race Directors Tour Du e~nada - Re:. Niagara Classic - Niagara Region, August 14th, 1989. The communication requests a Parade Permit. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the communication be referred to Staff. Carried Unanimously. Re. 258 - C. Bryce Ruhnke, Directors Grey County Economic Development Department - Re: Adventure in Friendship Relay "Running for Reading"~ June 28th to July 4th, 1989, from Pittsburgh, Pennsylvania, to Menford, Ontario. The con~unication advises that the relay race will pass through Niagara Falls on July 1st, 1989 and requests the participation of the City. During the discus- sion Alderman Cummings questioned the reason for placing this communication on the ageads. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. No. 259 - Association of Neaicipslitiea of Ontario (leO) - Re: Resolution re Freeze on Unconditional Grants. The communication requests a one-time special contribution of 1/27, or 1% per capita of population towards development and implementation of a public communications program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Finance tomdeities. Carried Unanimously. ~5- No. 260 - Rob Nicholson, M.P. - Re: VIA Rail. The communication advises that the occupancy rate on the Toronto-Niagara Falls corridor is below the national average and asks Council to encourage rail service. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unani~ously. REPORTS R-89-25 - Chief Adsiniatrative Officer - Re: Authorization for Landscape and Cemetery Design Architect. The report recommends that Council accept the lowest quotation and authorize Staff to acquire Mr. Peter J. Smith as the landscape and cemetery design architect, as par quotation of $8,550.00. ORDERED On the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanime.u. slF. R-89-27 - Chief Administrative Officer - Re: Oaks, Park Track Tender. The report recommends that MPMS Sealcoating Ltd. be awarded the contract to repair and resurface the Oaks, Park running track at the quoted amount of $44,239.50. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimoujly. B-89-49 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for May 1989. The report provides information regarding Permits Issued, Highlights for May 1989 and June Proposals, and recommends that the report be received and adopted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Una_nimously. B-89-50 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Dufferin Place Apartment Building; Southeast Corner of Dorchester Road & Dawson Street; AM-37/86 - By-law 87-79. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Apartment Building, and the Landscape Grading Plan being drawing Number A-O, the Site Plan (mechanical plan) being drawing Number M-1 and the Underground Parking Level (plumbing & drainage) Plan being drawing Number M-3 and the Risers (schedules & details) Plan being drawing Number M-10, filed with the Buildings & Inspections Department of the City of Niagara Falls on June 13th, 1989, and that such approval be subject to the conditions outlined in the report. Aldermen Cummings end Shetar declared conflicts of interest because they are employed with a company in the subject area. Mr. Harry Lyons, 5737 Mentress Road, was in attendance to express his concerns regarding underground parking. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflict~ of interest previously recorded, and with all others voting in fayour. B-Bg-5I -Ghief Administrative Officer - Re: Centennial Square Pool. His Worship Mayor Smeaton advised that the report had been withdrawn from the ageads.' Ng-89-116 - Chief Administrative Officer - Re: Contract R.C. 11-89 - Curbs and Gutters and Base Asphalt Construction in the Forest Glen Estates and Hillsdale Estates Subdivisions, The report recommends that the unit prices submitted by the low tendeter, Steed & Evans Limited, be accepted and this contract be awarded. ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Sherat, that the report be received and adopted, Carried Unanimously, See BY-law No. 89-156. + ~W-89-I17 - Chief Administrative Officer - Re: Consulting Services Agreement for Impost Levy and Development Policy Review Study. The report recommends that the by-law appearing on tonight's agenda authorizing the execution of the Consulting Services Agreement with Philips Planning & Engineer- ing Limited, in the amount of $56,159.00, for carrying out the Impost Levy and Development Policy Review Study, be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. See By-law No. 89-159. F-89-33 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $855,971.58 for the period ending June 19th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 42134 because of a business interest. Alderman Hinsperger declared a conflict of faterest on Cheque Nos. 42124 end 42125 because he is employed with the company. Additional information was provided on Cheque No. 42152. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Chessman and Hinsperger abstaining from the vote on Cheque Nos. 42134, 42124 and 42125 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 89-160. (~)-89-38 - Chief Administrative Officer - Re: Procedural By-law. The report recommends that Council pass the by-law appearing later on the agenda, which consolidates the original Procedural By-law and its Amendments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. See By-law No. 89-155. C-89-26 (!IANI~) - Chief Adsinistrative Officer - Re: Niagara Transit Commission purchase from Lupia - 4382 Bridge Street, and closing of part of Ontario Avenue (unopened). The report recommends that the necessary legal steps be proceeded with to close and convey to Mr. Emilio Lupia, the small portion of Outarlo Avenue (unopened) located to the rear of his property described as 4382 Bridge Street, subject to the payment of the Ctty's out-of-pocket expenses. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Uuauimou§ly. I'!).-89-.94 (~ANDOUT) - Chief Adainistrative Officer - Re: Interim Control By-law - 7857 Niagara River Parkway. The report, which was considered earlier this evening in Committee of the Whole, recommends that the attached resolution and by-law be enacted for the property Municipally addressed as 7857 Niagara River Parkway. Aldermen Cummings declared a conflict of interest because a member of his family hue a business interest. Alderman Ward declared ~a conflict of interest because he haa a business relationship. ORDERED on the motion of Alderman Hinsperger~ seconded by Alderman ltopkins~ that the report be received nnd adopted. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote'- AYE: Aldermen Chessman, Marrington~ Hinsperger, Hopkins and Janvary, NAYEz Nayor Smeaton and Aldermen Campbell~ Cowan and Sherat, -7- RESOLUTION No, 47 - CHEESMAN- HINSPMRCER - RESOLVED that WHEREAS it is deemed desirable that a study be undertaken in respect of the land use planning policies for those lands which are designated and are tourist commercial and lie on the westerly side of the Niagara River Parkway shown hatched on the Plan Schedule, attached to this resolution; NOW THEREFORE BE IT RESOLVED that the Director of Planning and Development is hereby directed to undertake e review or study in respect of the land use planning policies for the area of the City of Niagara Falls on the westerly side of the Niagara River Parkway shown hatched on Plan Schedule, attached hereto and zoned tourist commercial; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Chessman, Herrington, Hinsperger, tlopkins and Janvary. NAYE: Mayor Smeaton and Aldermen Campbell, Cowan and Sherat. BY-LAWS ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherar, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-155 - A by-law to provide for the Standing Rules of Council. No. 89-156 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for curbs, gutters and base asphalt construction in the Forest Glen Estates and Hillsdale Estates Subdivisions. No. 89-157 - A by-law to authorize the execution of an agreement with ChemLawn Inc. for chemical weed control. No. 89-158 - A by-law to authorize the execution of an agreement with Niagara Commercial Cutting for mowing weeds on private lots. No. 89-159 - A by-law to authorize the execution of an agreement with Philips Planning & Engineering Limited to carry out an Impost Levy and Development Policy Review Study. No. 89-160 - A by-law to provide monies for general purposes. No, 89-161 - A by-law to prohibit certain uses of land in the TC (Tourist Commercial) Zone on the westerly side of the Niagara River Parkway. The motion C,rried with Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 89-160, on conflicts of interest previously recorded under Report No. F-89-33; with Aldermen Cummings and Ward abstaining from the vote on By-law No. 89-161 on conflicts of interest previously recorded under Report No. PD-89-94; with Mayor Smeaton and Aldermen Campbell, Cowan and Sherat voting contrary on By-law No. 89-161; and with all others voting in favour. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 89-155 - A by-law to provide for the Standing Rules of Council. ~oo 89A1~6 - A by-law to authorize the execution of an agreement with Steed ~ · and E~ans Limited for curbs, gutters and base asphalt construction \*~ in~-th~Porest ~len Estates and Hillsdale Estates Subdivisions. No. 89-157 - A by-law to authorize the execution of an agreement with ChemLawn Inc, for chemical weed control. No. 89-158 - A by-law to authorize the execution of an agreement with Niagara Commercial Cutting for mowing weeds on private lots. -8- No, 89-159 - A by-law to authorize the execution of an agreement with Philips Planning & Engineering Limited to carry out an Impost Levy and Development Policy Review Study. No, 89-160 - A by-law to provide monies for general purposes. No. 89-161 - A by-law to prohibit certain uses of land in the TC (Tourist Commercial) Zone on the westerly side of the Niagara River Parkway. The motion Carried with Aldermen Cheesman and Hinsperger abstaining from the vote on By-law No. 89-160, on conflicts of interest previously recorded; with Aldermen Cummings and Ward abstaining from the vote on By-law No. 89-161 on conflicts of interest previously recorded; with Mayor Smeaton and Aldermen Campbell, Cowan and Sherat voting contrary on By-law No. 89-161; and with all others voting in favour. NEW BUSINESS ITENS OF CONCRY: School Crossing Guards - Alderman Cummings discussed his concerns regarding the remuneration received by School Crossing Guards, because the amount and hours of work are not sufficient to meet Unemployment Insurance standards. He discussed the system of crossings used in other cities, and expressed concern regarding the Clty's position in case of an accident. During the discussion, the Director of Buildings & Inspections reviewed the current procedure of notifying the school principals when crossing guards were not available. Alderman Campbell, Chairman of the Municipal Parking & Traffic Committee will be submitting n report on the matter. Property Standards Enforcement - His Worship Mayor Smeaton referred to a communication forwarded to members of Council regarding the enforcement under the Property Standards Act, in connec- tion with the poor condition of a number of properties in the City of Niagara Falls. He discussed action taken with respect to two properties on Lundy's Lane and other problems in the City. Alderman Cheesman advised that the BILD Committee would be submitting a report to Council regarding the enforcement under the Property Standards Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the matter be referred to Staff for a report. Carried Unanimously. IT~OF INTEREST: Housing Conference/Quebec City - Alderman Herrington referred to the Housing Conference held recently at Quebec City, and requested a report from the Planning Department regarding this matter. It was moved by Aldermen Cummings, seconded by Alderman Minspergers that the meeting adjourn. Carried Unanimously. READ AND ADO TEDs ERKITY THIRTY-FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #1 June 26, 1989 Council met on Monday, June 26th, 1989, at 6:30 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Puttick who was absent on City businees, and Alderman Campbell, were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Conunittee of the Whole arose to report in open Council. REGULAR MEETING Council Chambers June 26, 1989 Council met on Monday, June 26th, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Puttick who was absent on City business, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held June 19th, 1989, be adopted as printed. Carried Unanimously. DEPUTATIONS TAX INCaEASE Comsunication So. 261 - Steve g. Skolney - Re: Tax Increase. The communication requests permission to express opposition to the high tax increase, at the Council Meeting on June 26th, 1989. Mr. Skolney was not in attendance. APARTHENT BUILDING TAXES/5775 VINE STREET- Mrs. Maria Tkachyshyn, 1170 Vansickle Road, St. Catharines, had requested permission to address Council regarding the increase in taxes on the subject property owned by herself and Mr. Rocco DiFruscia. Mr. Tkachyshyn and Mr. DiFruscia were in attendance to express concern regarding the rapid increase in property taxes on the subject apartment at 5775 Vine Street. They submitted information regarding taxes over the past four years on the 43 unit apartment building, and discussed the hardship caused by the increase, The increased cost in services to the community, as well as the increase in School Board and Regional Taxes to be collected by the City, were explained to the concerned residents. His Worship Mayor Smeaton stated that a review of the tax increase would be made and invited the property owners to contact hie office for a further discussion on this matter. Alderman Campbell entered the meeting· -2- UNFINISHED BUSINESS NIAGABAFALLSNENORIALARENA/RENOVATION - ]}-89-52 - Chief Administrative Officer - Re: Niagara Falls Arena - New Press Box (COUNCIL 1989 05 08). The report recommends that Council approve an expenditure not exceeding $950.00 to cover the cost of fees for Chapman Murray Associates to provide a preliminary proposal and cost estimate to build a new press box on the easterly side of the Niagara Falls Arena. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. BINGO OPERATIONS IN NIAGARA FALLS - (11-89-42 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls (COUNCIL 1989 06 19). The report recommends that the event calendar for late night.hinge be maintained and that there be no additional events granted for the late night Friday and Saturday time slots. Aldermen Cummings, Hopkins and Ward declared conflicts of interest because they are members of organizations which conduct bingo,. Mr. Paul R. Heath, Solicitor, addressed Council on behalf of the Golden Nugget Bingo Hall, and requested that additional time slots be approved for late night Fridays and Saturdays, to groups which meet the Provincial and Municipal requirements. He questioned "the rights of Council to regulate and deny liceurea to people who otherwise meet the requirements", in terms of "a point of law". The Solicitor responded to questions raised regarding the legal issue referred to above, and stated that he was unaware of a decision of the Courts whether or not Council has the authority, under s Provincial Order in Council, to control the number of events. Be advised that he would take the matter under advisement. Mrs. Julia McCauley, Committee Chairman for Bingo Countryl and Mrs. Nancy Clayton, representing Friday late night bingo at the Monte Carlo, expressed opposition to extended time slots. ORDERED on the motion of Alderman err, ascended by Alderman Hinsperger, that the report be received end adopted, and furthers that the legal issue be referred to Staff and the Solicitor for a further report. The motion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote on conf"fi'~'of interest previously recorded, and with all others voting in favour. COMMUNICATIONS No. 262 - G. Prate, Chairman, Greater Niagara Transit Comission- Re: Bus Replacement Program. The communication requests approyal of the preparation of tender documents for two new forty-foot buses to he delivered in 1990. Mr. Guy Prate, Chairman; Mr. R. Meuser, Board Member; and Mr. Sandy Casey, General Manager of the Greater Niagara Transit Commission, were in attendance to review the request and respond to questions raised. ORDERED on the motion of Alderman err, seconded by Alderman Cheesman, that tile necessary approval be granted. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Herringtons Hfnsperger, Hopkins, Janvary, err, Sherat and Ward. NAYE: Alderman Cummings, No. 263 - Association of Xuaicilmlities of Ontario (AM) - Re: 1989-90 ANn Board of Directors. The communication requests a nomination to the Board prior to July 28th, 1989. OKDERED on the motion of Alderman Campbe11~ seconded by Alderman Cummings, that Alderman Cheeeman's name be submitted for nomination to the Board of Directors 'of AM0. Carried Unanimously. No. 264 - Russmll Nestarson Amateur Athletic Association - Re: Sin-Pitch Tournament - July 7 - 9, 1989, Niagara Sports Centre. The communication requests a $pecial 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 Russell Master,on Amateur Athletic Association, in conjunction with its Sic-Pitch Tournament, to be held July 7th, 8th and 9th, 1989, at the Niagara Sports Centre, 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. 265 -Doainic Gilbertl, Mannget, Club Itslie Lodge No. 5, Order of Sons of Itldy Of Ontario - Re: Annual Picnic, July 9, 1989. 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 Club Itslie Lodge No. 5, Order of the Sons of Italy of Ontario, in conjunction with its Annual Picnic, to be held on July 9th, 1989, at the Club Itslie grounds, 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. 266 -TraceyLubys V.P. of External Affairs, Student Administrative Council, Niagara College - Re: Proclamation. The communication asks Council to proclaim September 14th, 1989 as "Shinerams Day". Alderman err 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 spproved subject to established policy. The motion Carried with Alderman err abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. No. 267 - Petition from Residents/Businesses of Centre Street - Re: Parking. The petition requests the removal of 2 metered parking spaces on the west side of Centre Streets at 5008 Centre Street (Niagara Tavern); and 1 metered parking space at 5007 Centre Street (Super Souvenirs). Alderman Campbell, Chairman of the Municipal Parking Committee, advised that the sugges- tions submitted in the petition would "greatly enhance the ability of the tourist to recognize viable area and open traffic up". ORDERED on the motion of Alderman Campbells seconded by Alderman err, that the request for removal of the parking meters be approved. Carried Un. animously. No. 268 - Jean Johnston, Chaired_n, NIagara District Airport Consission - Re: Municipal Agreement. The communication advises that Transport Canada has renewed their lease with the Commission for two ten-year periodss and asks that Courtell approve a further extension of the Municipal agreement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the matter be referred to Staff. Carried Unanimously. Re. 269 - Ron Fenselate, Chairman, Niagara Falls Optimist Club - Re: Park Development Pco~ect - Funding. The communication advises that a contract has been established between the Niagara Falls Optimist Club and Nelson Ontario Brewers, from 1989 to 1994. During the discussion, members of Council expressed the wish to be apprised of the terms of the agreement, and the desire to have the City "protected" with respect to funding arrangements with the Optimist Club. The City Solicitor advised that although he and the Chief Administrative Officer could review and present information regarding the agreement, between the Optimist Club and Moleones to members of Council, they could do nothing to ensure protection for the City under the terms of the agreement since the City was not a party to the agreement, ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be received and referred to the Chief Administrative Officer and the Solicitor to review and provide Council with information with respect to the terms of the agreement. Carried Unanimously, , -4- REPORTS B-89-51 - Chief Administrative Officer - Re: Safety - Centennial Reflection Pool. The report advises that subsequent to a meeting held with the representative of the City's Insurance Company, it was agreed that two signs would be placed in the pool ares to inform the public that the reflective pool must not be used for purposes other than viewing; and recommends that the report be received and filed. Following a discussion regarding the uses of the pool, it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed, and that Staff be directed to install signs reading: "Use At Your Own Risk". Carried Unanimously. PD-89-92 - Chief Administrative Officer - Re: Increase in Municipal Planning Fees. The report recommends that the proposed tariff of user fees for the processing of applications and special requests made on planning matters, be approved and adopted by by-law. There was a negative response to Mayor Smeaton's request for comments from persons interested in the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. CD-89-37 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision, Mount Forest Condomintam - File 26CD 89006(1); Owner: 642217 Ontario Ltd.s Mr. Herman Damore. The report recommends that the City Clerk be authorized to process the application for the Mount Forest Condomtnium Subdivision and that a report be prepared for Counctl'8 further consideration of this plan, based on technical information received, public inputs etc. His Worship Mayor Smeaton reviewed the traditional procedure to be followed with respect to this matter. Mr. R.J. Matthews, O.L.S., explained the proposal on behalf of the applicant, and advised that a "signed Site Plan Agreement was registered September 1988". Mr. H. Demote, applicants who was in attendance did not wish to comment. There was a negative response to Mayor Smeaton's request for comments from persons interested in this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the report be received and adopted. Carried Unanimously. MW-89-119 - Nunicipa~ Works Committee - Re: Committee Reports. The report recommends the following: 1) Mg-89-101, Parking Restriction- Valley Way - ~ It is recommended the following: (t) That perking be restricted at all times on the north side of Valley Way from Drummond Road to a point 185 metres east of Drummond Road; (ii) That parking be restricted from 8:00 a.m. to 6:00 p.m., Monday to Saturday inclusive~ on the south side of Valley Way from a point 70 metres east of Binmonte Parkway (east intersectiou). ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the recommendation be received and adopted. Carried Unanimously. 2) Parking Request - Crialnal Hall of Fa~e- It is recommended that the request from Mr. J. Lombardi (Criminal Hall of Fame, 5751 Victoria Avenue), to park an "old fashioned car" in a metered space in front of his business from June 15 to September 15, 1989, at a cost of $1,200.00, be approvedt and that the matter be,reviewed by the Municipal Parking Committee after this time period. It was moved by Alderman Orr, seconded by Alderman Cowan, that the recommendation be received and adopted. The motion was Defeated with the following vote: AYE~ Aldermen Cowan, Marrington, Hopkins, Janvary and Orr. NAYE: Aldermen Campbell~ Cheesman~ Cummings~ Minsperger~ Sherat and Ward. - 5- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the recommendation be amended to read: "at a cost of $546.00", and that the amended recomendation be received and adopted. The motion Carried with the following vote: 3) AYE: Aldermen Campbell, Cheesman, Cummings, Hinsperger, Sherat and Ward. NAYE: Aldermen Cowan, Herrington, Hopkins, Janvary and Orr. Parking Meter Rate Increase - It is recommended that the parking meter rate in area #4 (Centre), area #5, (Lower Ferry) and area #8 (Hospital) be increased from 25 cents per hour to 50 cents per hour. During the discussion the following requests were made: 1) That the parking lot on Ellen Avenue be repaired; 2) That the metered hours of parking on Centre Street be decreased during the off season; and 3) That meters be installed in the parking lot across from the bus depot, on the west side of Park Street. ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. NW-89-120 - Chief Administrative Officer - Re: Contract A.P. 13-89 - Asphalt Patching; Contract C.M. 14-89 - Cold Mix Open Graded Resurfacing; and Contract S.T. 15-89 - Surface Treatment. The report recommends the following: i) That the unit prices submitted by the low tendeter, Circle P Paving Company Limited, for Contract A.P. 13-89 be accepted and this contract be awarded; 2) That the unit prices submitted by the low tendeter, NorJohn Contracting Limited, for Contract C.M. 14-89 be accepted and this contract be awarded; 3) That the unit prices submitted by the low tendeter, NorJohn Contracting Limited, for Contract S.T. 15-89 be accepted and this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, Carried U~animously. that the report be received and adopted. See By-law Nos. 89-162, By-law No. 89-164, and By-law No. 89-165. HW-89-121 - Chief Administrative Officer - Re: Contract R.C. 12-89 - Base Road Construction in the West Meadow Subdivision and Finished Road Construction in the Ascot Woods Ext. II, West Meadow, Parkway Gardens Phase III and Herovies Subdivisions. The report recommends that the unit prices submitted by the low tendererr Northland Bitulithic Limited, be accepted and this contract be awarded. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimoual~ See By-law No. 89-166. Hg-89-118 (HAM) - Municipal Works Cosmittee - Re: Dust Control. The report recommends that Staff be authorized to purchase 170 tonnes of liquid calcium chloride at a cost of $252.33 per tonne. It is further recommended that Staff be authorized to purchase approximately 225,000 littea of Tembind~ at a cost of 136 per litre from Proviro Systems. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Janvary~ that the report be received and adopted. Carried Unanimo~ F-89-34 - Finance Comaittee - Re: Committee Reports. The report recommends that Council receive and file for information the following reports: 1) Information Report on the Impact of the 1989 Federal & Provincial Budgets; 2) Niagara Peninsula Conservation Authority Report to Finance Committee and 1989 Budget; -6- 3) Niagara Falls Humane Society Financial Report, April 1989, and Statistics for the Year 1988; 4) Canadian Council for Peace in Freedom; 5) Preview Magazine. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report be received and adopted. Carried Unanimously. F-89-35 - CMef Administrative Officer - Re: Municipal Accounts. The report raceunhands that the accounts totalling $9,832s658.28 for the period ending June 26ths 1989, be approved by the passing of the by-law appearing later on the ageads. Alderman Hinsperger declared a conflict of interest on Cheque No. 42280 because he is employed with the company. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Cowan, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. See By-law No. 89-168. C~89-39 - Chief Ads~niatrnttve Officer - Re: Revised Schedule of Fees - Licensing By-law No. 76-102. The report recommends that the proposed schedule of licence fees on the attached chart be adopted by Council and a by-law prepared to amend By-law No. 76-102. ORDERED on the motion of Alderman Chessmen, seconded by Alderman Hopkins, that the report be recelved and adopted. Carried Unanimously. (~89-27 - Chief Administrative Officer - Re: Acquisition of Lands - Proposed Mentress Business Park. The report recommends that the by-law appearing on tonight's egenda be given First and Second Readings and forwarded to the Ontario Municipal Board for approval. Aldermen Cummings and Sherat declared conflicts of interest because they are employed by a company involved. ORDERED on the motion of Alderman Chessman, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded and with the following vote: AYEz Aldermen Campbell, Cheesman, Cowan, Uarrington, Hinsperger, Hopkins, Janvary and Ward. NAYE: Alderman Orr. See By-law No. 89-167_._ riM-89-122 (~) - Chief Adainistrative Officer - Re: Municipal Works Department Staff Requirements. The reports which was considered earlier this evening in Co~unittee of the Whole, recormnends that Council approve the following: Hiring of a new Drainage & Development Technician~ 1) 2) 3) that the report be received and adopted. Hiri~ of a new Traffic Analyst; and Reclassification of the Design & Drafting Co-Ordinator's Union Position to a Design & Drafting Supervisor - Non-Union Position. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger~ Carried Unanimously. -7- BY-LAWS ORDERED on granted to time: the motion of Alderman Orr, seconded by Alderman Ward, that leave be introduce the following by-laws, and the by-laws be read a first No. 89-162 - A by-law to authorize the execution of an agreement with Circle P Paving Ltd. for asphalt patching. No. 89-163 - A by-law to establish certain one foot reserves as public highways. (West Meadow). No. 89-164 - A by-law to authorize the execution of an agreement with NorJohn Limited for the 1989 cold mix open graded resurfacing program. No. 89-165 - A by-law to authorize the execution of an agreement with NorJohn Limited for surface treatment of roads. No. 89-166 - A by-law to authorize the execution of an agreement with Northland Bitulithtc Limited for base roads in West Meadow Subdivision and finished roads in Ascot Woods Extension II, West Meadow, Parkway Gardens Phase 3 and Hateric, Subdivisions. No. 89-167 - A by-law to authorize the acquisition of land for industrial sites. 89-168 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on By-law No. ~9-167, conflicts of interest previously recorded under Report No. C-89-27; with Alderman Orr voting contrary on By-law No. 89-167; with Alderman Hinsperger abstaining from the vote on By-law No. 89-168 on a conflict of interest previously recorded under Report No. F-89-35; and with all others voting in layout. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the following by-law be now read a second time: No. 89-167 - A by-law to authorize the acquisition of land for industrial sites, The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded; with Alderman err voting contrary; and with all others voting in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman 0rr, that the following by-laws be now read a second and third time: No. 89-162 - A by-law to authorize the execution of an agreement with Circle P Paving Ltd. for asphalt patching. No, 89-163 - A by-law to establish certain one foot reserves as public highways. 89-164 - A by-law to authorize the execution of an agreement with NorJohn Limited for the 1989 cold mix open graded resurfactng program. No. 89-165 - A by-law to authorize the execution of an agreement with NorJohn Limited for surface treatment of roads. No. 89-166 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited for base roads in West Meadow Subdivisinn and finished.roads in Ascot Woods Extension II,'West Meadow, Parkway Gardens Phase 3 end Harovics Subdivisions. No. 89-168 - A by-law to provide monies for general purpqses. -8- The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 89-168 on a cjnflict of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITI~SOF INTEREST: Niagara Falls Environmental Inventory, 1989 - Alderman Hopkins referred to the handout report from Mayor Smeaton with attached letter from the Honourable Jim Bradley, Minister of the Environment, advising that the City's request for financial assistance has been approved, and enclos- ing a cheque in the amount of $14,500.00. He stated that at a G.I.S. Conference at Brock University during the past week-end~ the Honoursble Vince Kerrio, Minister of Natural Resources, had provided the information that a further $7,500.00 would be forwarded for the Environmental Inventory Program to the City of Niagara Falls. 9 It was moved by Alderman Cummings, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~ ~TY CLERK .... Wall of Fame-- Nominations - Alderman Janvary reminded Council members that this was the last week for nominations to the Wall of Fame. P~nsda Day- 122nd Birthday- ilderman Janvary stated that 43 Canadian citizens would receive awards on Canada Day. She discussed the numerous events planned locally to celebrate Canads's 122rid Birthday, and requested $1,000.00 to cover the shortfall. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that a further $1,000.00 be granted to the Civic Committee to finance events for Canada Day. Carried Unanimously. Niagara Falls Roses - Alderman Herrington referred to a letter from Niagara Falls Homes, expressing appreciation to Council and Staff for their support of cooperative housing. She invited Council to participate in the upcoming Tour of Housing Cooperatives in the Niagara Region. ITIM OF CONCERN: VIA Rail Service - Toronto to Niagara Falls - Alderman Hopkins referred to the handout communication from Mr. Don. T. Carmichael, Regional Director, VIA Ontario, and further~ to newspaper reports regarding comparison subsidies on the Niagara Fall~-Toronto corridor, versus other routes. He asked that Mayor Smeaton request a written comment from VIA Rail regarding the cost effectiveness of the Niagara Falls-Toronto route. His Worship Mayor Smeaton stated that Mr. Carmichael was not at liberty to comment. ~emelot lmm- Alderman Harrington referred to Report No. PD-89-90, Application for Rezoning, Camelot Inn on Stanley Avenue, which was approved hy Council on June 12~ 1989~ and to the request of the Ministry of the Environment for assurance that the development would not cause a problem in terms of sanitary sewage flows from 'the hotel. She asked that the Engineer submit a report regarding this matter. Meads - Vacant Lot/Valleyway - Alderman Herrington referred to the condition of weeds in the above named vacant lot~ and other areas in the City. She asked that the weeds be cut. THIRTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 July 10, 1989 Council met on Monday, July 10th, 1989, at 6:15 p.m., in Committee of the Whole. All members of Council were present. Alderman Ward presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AN~.DOOPjE~D..~./ E.C. WAGG, DEPUTY CITY CLERK PLANNING/REGULAR MEETING Council Chambers July 10, 1989 Council met on Monday, July 10th, 1989, 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 Cummings offered the Opening Prayer. ADOPTION OF MINUTES Alderman Cummings asked that the minutes of the Special Meeting held June 6th, 1989, be amended to include the conflicts in the vote. ORDERED on the motlon of Alderman Hfnsperger, seconded by Alderman Cowan, that the minutes of the Special Meeting held June 6th, 1989, be adopted as amended and the minutes of the meeting held June 26th, 1989, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS ~D-89-46 - Chief Administrative Officer - Re: Zoning Amendment Application AM-18/89 Thorstone Properties Inc., South Side Thorold Stone Road. The report recommends that the request of the applicant for an adjournment of the Public Meeting be granted. It is further recommended that the applicant be informed that the cost of additional circulations made necessary by this adjournment will be at his expense. Comuuication No. 270A - Robert T. Sorley, Vice President & General !~anager, Lubrizol Canada Limited - Re~ Zoning Amendment Application AN-18/89 Thorstone Properties, 5900 Thorold Stome goad, The communication asks that the hearing of this proposal be delayed until all technical details can be made available to the writer, - AND - Comunicatiou No. 2Y0B - Glen Barker, Senior Planner, Nillot O'Dell & Paul - Re: Application for Zoning By-law Amendment~ Thorstone Properties Incorporated, 5881 Thorold Stone Road. The communication asks that the hearing be rescheduled to August 14th~ 1989. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the procedure to be followed under the Planning Act~ 1983. He stated that a request had been made to withdraw the application from this agendao The Deputy City Clerk advised that the property was located on the south side of Thorold Stone Road, being part of Township Lot 77, and that the Notices of the Public Meeting had been forwarded on June 9th~ 1989. -2- Alderman Ward declared a conflict of interest because he is a party to the application. His Worship Mayor Smeaton indicated the presence of Mr. Victor F. Muratori, Solicitor for the applicant; and received a show of hands indicating the presence of persons in favour of, or opposed to the application. Re 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. Mr. Muratori referred to meetings with the Planning Department, stating that a report had recently been prepared by the consultants with additional marketing information, and requested that the matter be adjourned to August 14th, 1989, to provide an opportunity to review the report. 'His Worship Mayor Smeaton received a negative response to his request for comment.~s.fre.m..' i~terested ~persons. He declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communications be received and filed and the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting ~n favour. PD-89-98 - Chief Administrative Officer - Zoning Amendment Application AM-54/88, River Realty Development (1976) Inc.; Part of Township Lots 53 & 63, the Mount Carmel Plan 2, Plan of Subdivision. The report recommends the following: 1) That Council support the requested zoning by-law amendment to implement the various land uses and regulations intended for the Mount Carmel Plan 2, Plan of Subdivision; 2) That matters respecting fencing, landscaping, grading, lighting, entrances, parking areas, etc., for the two multi-family blocks be resolved through the Site Plan Control process; 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 to be followed would be under the Planning Act. 1983. The Deputy Clerk advised that the applicant was requesting the amendment to implement various land uses and regulations intended for the subdivision, to be developed for single family and milti-family residential purposes. He further advised that the property was located on the east side of Kalar Road, being part of Township Lots 53 and 63; and that the Notices of the Public Meeting were forwarded on June 9the 1989. His Worship Mayor Smeaton noted the presence of Mr. Stewart Branscombe for River Realty Development Inc., received a positive response to his request for a show of hands of persons interested in the amendment, and noted that Hiss Jean Grandonl was in attendance. 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 and reviewed the following information contained in Technical Report No. PD-89-95: 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 requested amendment to the Zoning By-law fulfills a condition attached to draft plan approval; that the provisions proposed, satis- factorily address the concerns of possible impacts of development on the environments end in particular, the Shriner's Creek and Ten Mile Creek Watershed areas; and furthers that the proposed development was compatible both with the rural areas to the north and wests as well as similar residential development approved previously to the south, -3- His Worship Mayor Smeaton received a negative response to his request for comments from persons, other than the developer, in support of the application. Miss Jean Grandoni, 4810 Garner Road, distributed and reviewed a written submission, expressing concerns with respect to diversion of storm water runoff from Ten Mile Creek into the Shriner's Creek; referred to the Falconi & Smith Engineering analysis; made allegations that misrepresentation and errors had been made in the Regional Report; and asked Council to "refuse this rezoning until the Consultants complete their drainage study, or refer the matter to the O.M.B." Mr. Branscombe stated that the Study had been requested in order to utilize new techniques; that the Niagara Peninsula Conservation Authority was on record as indicating that the minor system could enter Shriner's Creek, and the "major system must go overland". He further stated that Peter Grandoni's concern was for "everything that's going in there", and that "many of hls objections had nothing to do with our subdivision". Mr. Branscombe advised that the concerns had been addressed, the study would be completed by September 1989, and the recommendations in the study adhered to. The Deputy Director of Municipal Works advised that the study was financed Jointly by various developers, the Conservation Authority, Line Grosst and the City of Niagara Falls; and that the amendment would not affect the study. The Director of Planning & Development stated that the Water Study was a condition of draft plan approval. The Director of Municipal Works, in response to questions raised, expressed the opinion that the outcome of the study was not holding up any other developer in the area. During the discussion, concern was expressed regarding the increase of water through Shriner's Creek. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman err, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesmans Cowan, Cummings, Hinsperger, Hopkins, Janvary, err, Sherat and Ward. NAYE: Aldermen Campbell, Herrington and Patrick. ORDERED on the motion of Aldermen Herrington, seconded by Alderman Puttick, that s meeting be scheduled between the Niagara Peninsula Conservation Authority, Staff, and interested land owners in the area, to ascertain the objectives of the water study. Carried Unanimously. PD-89-97 - Chief Administrative Officer - Re: Zoning Amendment Application AM-16/89 - AND - Official Plan No. 182; Fiere Lupia, 6788 Thorold Stone Road. The report recommends that Council not support the Official Plan and Zoning By-law amendments to permit the expansion of a neighbourhood commercial facility into a strip plazas proposed to serve a larger market area. His Worship Mayor Smeaton declared the Public Meeting open and explained that the procedure would be similar to that followed in the previous applications. The Deputy Clerk advised that the applicant was requesting amendments to the Official Plan and Zoning By-law to permit construction of a separate 8 unit, 8s880 square ft. commercial plaza on the east portion of the site; and that the property was located on the southwest corner of Thorold Stone Road and Confeder- ation Avenue. He further advised that the Notices of the Public Meeting had been forwarded on June 9ths 1989, and a notice was published in the Niagara Falls Review with respect to the Official Plan Amendment on June 9th, 1989. -4- His Worship Mayor Smeaton noted that Mr. Guy Ungaro, Solicitor for the applicant~ was in attendance; received a positive response to his request for a show of hands of persons in attendance who were in favour of or opposed to the application; and advised 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. 89-93: Development Proposal; Official Plan; Zoning By- Law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. He advised that the application was not recommended for appro- val because of the following concerns: 1) The site is presently designated for residential purposes in the Official Plan and ideally suited for medium density housing. The site provides direct access to a umJor street, is situated on the periphery of an area of lower density, is served by public transit and is within walking distance of convenience commercial uses, Stamford Centre, churches, banks and park facilities. Removal of the subject lands from the inventory of vacant, prozoned lands for medium density residential purposes is contrary to the City's planning program which attempts to strengthen commercial centres with supporting residential development. 3) 4) Additional opportunities for further neighbourhood commercial development exist at the intersection of Dorchester and Thorold Stone Road on vacant and underdeveloped sites already zoned Neighbourhood Commercial (NC). The applicant has not provided the required study to demonstrate the need for additional commercial floor space in this particular location, as well as indicating that it will have no adverse effect either on existing or planned commercial centtee. The expansion of existing neighbourhood commercial facilities through the redesignation of the subject lands as Commercial represents an intrusion of a major commercial facility into a residential area where such a use is not intended. 5) The subject site is situated between the future commercial node in the Northwest Community at Thorold Stone and Moatrose Roads and Stamford Centre at the five corners. Designating the site Commercial to permit a strip commercial development compromises the intent of the Official Plan to keep the neighbourhood serving commercial uses at Dorchester Road separate from the Stamford commercial node where abundant development opportunities still exist. 6) The proposed development undermines the recently adopted Commercial/Office Opportunities Study which establishes a commercial hierarchy and promotes the strengthening of existing and planned commercial nodes, rather than the expansion of existing convenience commercial areas. 7) The market which the applicant proposes to capture from the northwest portion of the City will soon be served. A 24,305 sq. ft. commercial plaza to serve this area has received all necessary approvals and will meet the immediate needs of the Northwest Community. 8) The proposed intensification of a commercial use on the property will adversely impact upon the residences to the south because of the noise, exhaust fumes and dust generated by vehicular movement along the driveway abutting the southern edge of the site, The entrance onto Confederation Avenue will introduce commercial traffic onto a local road serving the residential subdivision. Further~ the proposed commercial development does not provide adequate opportunities for planted landscaping which may buffer these impacts. 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. -5- Alderman Ward declared a conflict of interest because he is involved in a possible rezontng in the area. Mr. Frank J. Kostelac, 6743 Crawford Street; Mrs. Angellna Gualtieri, 6773 Crawford Street; and Mrs. J. Spadafora~ 6751 Crawford Street, expressed concerns regarding the impact of the proposed development on the adjacent residential neighbourhood, unpleasant garbage odour from the existing operation, the inclu- sion of certain commercial uses and expressed agreement with the construction of a condominium on the site. Mr. Ungaro referred to past attempts to have the property rezoned commercial and discussed the intent of other businesses rezoning to commercial. He reviewed the historical background of the subject lands with regard to planning, expressed the opinion that "people in Niagara Falls don't want to live in a condomtntum with traffic out front", and therefore, the property could be successfully developed. Mr. Ungaro referred to the proposal as a "mews" rather than a strip plaza, stated that the unpleasant odour referred to by Mr. Kostelac was emitting from a restaurant and would not be produced by the proposed development. He suggested that a 3-storey multiple dwelling would have a greater impact on adjacent homes in terms of reduced privacy, and advised that the developer was willing to consult with the homeowners, erect a fence and provide landscaping. In reply to questions raised, Mr. Ungaro stated that he was sure his client would restrict certain uses which would be included under commercial zoning. During the discussion it was noted that the proposed development might necessitate delivery by tractor trailers. In response to questions raised, the Director of Planning & Development stated that commercial use was essentially incompatible with a residential use. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman err, that the application be approved, subject to consultation with the Planning Department, and the concerns of nearby residents. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest ~reviously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, err, Puttick, and Shetar. NAYE: Aldermen Chessman, Herrington, Hopkins and Janvary. PD-89-96 - Chief Administrative Officer - Re: Report on the Access to Housing Conference. The report provides information regarding the 1989 Access to Housing Conference sponsored by the Canadian Housing & Renewal Associations and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings~ seconded by Alderman errs that the report be received and adopted. Carried UnanimouslZ. PD-89-99 - Chief Adsdnistrattve Officer - Re: Application for Exemption from Part Lot Control; Lot 71, Pamela Drive~ West Meadow Subdivision (Registered Plan M-129). The report recommends that the request from Malcolm A.F. Stockton, on behalf of the owner~ to exempt from Part Lot Control Lot 71, 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 Cummings~ seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously. PD-89-100 - Environsanta1 Pla~ix~ & Greeni~ Committee - Re: A Landscape Architect for J.N. Allan Park, The report recommends that Staff be authorized to acquire quotations for a landscape architect to prepare the final plans required to develop and complete the J.N. Allan Park. ORDERED on the motion of Alderman Cummingss seconded by Alderman Hinspergers that the report be received and adopted, Carried Unanimously. DEPUTATIONS INTERIN OONTROL BY-LAWNO. 89-161 - 7857 NIAGARA RIV~I~PARKWAY - ~omunieation No. 271 - V.F. Nuratori, Solicitor - Re: Interim Control By-law 89-161 - 7857 Niagara River Parkway. The communication expresses object- ion to the passing of the subject by-law, to the lack of notice of intent and "undue haste" in passing the by-law, refers to the statement made at s previous meeting that the problem of servicing would be addressed, asks Council to reconsider this matter, and reqaests permission tu address Council on July lOth, 1989. His Worship Mayor Smeaton advised that Mr. V.F. Muratori, Solicitor for Mr. Oino DiCienzo, owner of 7857 Niagara River Parkway, was in attendance and requesting to address Council. He requested the City Solicitor to provide legal information regarding the matter of the Procedural By-law. Aldermen Cummings declared a conflict of interest because a member of his family has a business interest. Alderman Ward declared a conflict of interest because he has a business relationship. The Solicitor advised that Rule 28 of Council's Procedural By-law No. 89-155 reads as follows: "If the motion for reconsidersCion be not made until the next meeting, the question shall not be reconsidered unless a majority of the whole Council votes therefore. No question shall be reconsidered more than onces nor shall a vote to reconsider be reconsidered". He further stated that "if this rule was to be strictly observed, for reconsidersCion to take places there would first have to be a motion passed by the majority of the whole Council (i.e., 7 members of the 13 member Council) in fayour thereof". He further noted that because Council included a majority of the whole Council rather than members present or in conflict, a strict interpretation would mean 7 of the 13 members. The Solicitor stated that if Mr. Murator wished to debate only the section of the Procedural By-law referred to above, he should be allowed to do so. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that Mr. Muratori be granted permission to address Council, provid- ing that he restrict his comments to the use of Council's Procedural By-law. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: NAYE: Aldermen Campbell, Chessman, Cowan, Herrington, Hinaperger, Hopkins, nets Puttick and Sherat. Alderman Janvary. Mr. Muratori referred to the Statute of Interpretations Act, which states that "laws should be interpreted in remedial fashion". He expressed the opinion that the by-law waa illegal herause if 7 members of Council should declare s conflict of interest the matter could never come before Council for reconsideration as long as the number of officials remains constant. Mr. Muratnr further stated that if 7 members declared a conflict of interest, the interpretation of the Conflict of Interest Act would be defeated. Me suggested that it was necessary to look at the by-law and the intent of Council. Following a discussion regarding interpretation of the by-law, the serious impact upon the developers the infrastructure of the Chippawn sector, and the advice of Staff to take urgent action to counter the drainage problem, His Worship Mayor Smeaton asked the support of Council in ruling that because of the strict verbages the Procedural Rule No. 28 reads 7 of the whole Council. The ruling was Defeateds with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Chessman, llarrington, Hopkins and Janvary. · NAYE: Aldermen Campbell, C~wan, Hinsperger~ Orr, Puttick and Sherat. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orrs that the the matter reconsidered. The motion ~arried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Mayor Smeaton and Aldermen Campbell, Cowan, Orrs Puttick and Sherat. NAYE: Aldermen Chessman, Herrington, Hinsperger, Hopkins and Janvary. During the discussion, the Chief Administrative Officer provided the information that if the interim control by-law was repealed on the subject property, another interim control by-law on this property could not be imposed for three years. In response to expressed concern regarding discrimination against one property owner, it was noted that an interim control by-law for Chippawn and Stanley Avenue areas was listed later on the ageads. Mr. Muratori reviewed the history of action regarding the rezoning application for the subject property, in particular with respect to the proposed freeze on the Chippawa area, and stated that information had been received that this property would not be included in the freeze because the application had been made by reason of a height restriction. He referred to issues raised by the Ministry of the Environment, and the willingness of his client to address the problem prior to proceeding with the development; discussed the Building Code Act, Ontario Water Resources Act and Environmental Assessment Act, and stated that a building permit would not be issued unless there was compliance with the laws. Mr. Muratori further referred to the section in the Planning Act wherein projects may be held in abeyance until questions of services were resolved and his cltent's willingness to do so, and expressed objection to the interim control by-laws. Mr. ion Robert,on, 8143 Sarah Street, discussed concerns with the long term flooding problem in the Village of Chippaws, funds expanded by the City and the Region to resolve this problem, and discussed the affect of additional develop- ments prior to a solution. He further discussed the current need to pump from the sanitary sewer into the Welland River during a storms and referred to the numerous meetings between the City, the Region, Ministry of the Environment representatives, Council members and interested citizens. He referred further to the infrastructure study and the serious nature of the basement flooding. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the interim control By-law No. 89-161 be repealed. The motion was Defeated with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with the foilowing vote: AYE: Mayor Smeaton and Aldermen Cowan, Orr, Puttick and Sherat. NAYE: Aldermen Campbell, Chessman, Herrington, Htnsperger, Hopkins and Janvary. REPORT It was general agreed by Council that Report No. MW-89-141 be brought forward. Mb89-141 (HANDOIIT) - Chief Administrative Officer - Re: Interim Control By-law for Chippaws/Stanley Avenue Areas. The report recommends that Staff be directed to prepare the necessary resolution and by-laws in order to enact interim control for the Chlppawa and Stanley Avenue areas, which will include considerations for exemptions. Mr. John Holer, President, Marinelands expressed sympathy with the drainage problem suffered by the people in Chippawn. He suggested that since there was a problem only when it was raining the sewage system was "more than sufficient" and it was a problem of drain water getting into the sanitary sewer which must be solved. He discussed the smoke testing of storm sewers on the Marineland parking lots and referred to the amount of water entering the combined sanitary sewer system from the Carborundum pipes. Mr. Holer further discussed the detrimental affect the development freeze for Chippswa would have on his operations which is currently under expansions under discussion with City Staffs and "impossible to stop". He referred further to the affect this development freeze would have on the City of Niagara Falls' tourtam industry. During further discussion on this matter, His Worship Mayor Smeaton asked that it be recorded that the action being taken was a "most extreme action", and that hews, opposed to this development control freeze, -8- In reply to questions raised, the Solicitor advised that under a subsection of the Planning Act, "it does contemplate that an area covered by the interim control by-law may be reduced", ... "could be less than a year"~ if desired, and "if Council hasn't passed a zoning by-law". Further discussion ensued regarding the impact upon the economy and future development, flooding in other areas of the City, and exemptions to the by-law. It Was moved by Alderman Cummings, seconded by Alderman Ward, that leave be granted to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Sherat and Ward. NAYE: Aldermen Orr and Puttick. The Council continued with discussions under Report No. MW-89-141 - Re: Interim Control By-law for the Chippawa/Stanley Avenue Area. Further discussion noted the temporary nature of the proposed by-law, pumpera being installed by the Region in March 1990 which would solve a major part of the problem, the seriousness of the problem and action, and recommenda- tions with respect to densities being accommodated through improvements to the infrastructure. The Solicitor pointed out that the problems with respect to 7857 Niagara River Parkway were twofold: the problem of services and densities presently available, as well as setbacks and a study of the development standards. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Harrington, Htnsperger, Hopkins, Janvary and Ward. Mayor Smeaton and Aldermen Cowan, Cummings, 0rr, Puttick and Sherat. DEPUTATION REQUEST PERMIT FOR *BI]SKING' - Communication No. 272 - DiMe Azcroft - Re: Busking Permit. The communication requests permission to have a "busking" permit for playing bagpipes ou the street to solicit donations, in Niagara Falls for the period of July to September 1989. Ms. Ascroft was in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr~ that the request be denied. The motion Carried with the following vote: AYE: Mayor Smeaton and Aldermen Chessman, Cummings,~ Janvary, Orr, Puttick and Ward. NAYE: Aldermen Campbell, Cowan, Herrington, Hinsperger, Hopkins and Sherat. UNFINISHED BUSINESS BINGO OPERATIONS IN NIAGARA ~ALLS - CD-89-47 - Chief Adsinistrative Officer - Re: Bingo Operations in Niagara Falls. The report provides background information regarding Report CI)-89-32 with respect to reaffirmation of the Provincial Bingo policy, and recommends that Council adhere to the existing policy. Aldermen Cummings, ltopkins and Ward declared conflicts of interest because they are members of organizations which are involved in bingo~. Mr. Paul Heath, Solicitor for the Boys' and Girls' club, stated that no other group was in a position to have a licence approved in the specific period of time in question, that the Club had budgetted to include the Provincial bingo,, and requested that the Club be given permission to run the Provincial bingo, in July and November 1989. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Puttick, that the request be approved. The motion was Defeated with Aldermen Cummings, Hopkins and Ward abstaining from the vote on conflicts of interest previously recordads and with the following votes -9- AYE: Aldermen Chessman, Cowan, Hinsperger and Puttick. NAYE: Aldermen Campbell, Nsrrington, 3artvary, 0rr and Sherat. COMMUNICATIONS No. 273 - Cl~rls Brucks Empire Motel & Residents and Businesses in CliftmmHill Area- Re: Petition for Signage. The communication requests signage indicating the Centre Street Tourist Area, and Ferry Street Tourist Area, to be installed on Clifton Hill. Ms. Bruck was in attendance to respond to questions raised. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that the Regional Municipality of Niagara be petitioned for the requested signage. Carried Unanimously. No. 2Y4 - Chris Bruck, Empire Motel & Businesses on Centre St. & Ellen Ave. - Re: Petition for Banner. The communication asks Council to approve a banner across Centre Street, indicating the Centre Street Tourist Area. During the discussion it was suggested that an artist's conception of the requested banner should be submitted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be approved for the balance of the 1989 tourist season. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cummings and Sherat. NAYE: Aldermen Chessman, Cowan, Harrington, Hinsperger, Hopkins, Janvary, Orr, Puttick and Ward. REPORTS I)-89-54 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 52-Seat Restaurant; Northwest Corner of Cummtngton Square & Main Street. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Restaurant, and the site plan being drawing Number 1 of 3, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 7, 1989, and that such approval be subject to the conditions included in the report. Alderma~ Orr declared a conflict of interest because a member of her family owns ~roperty ~n the area. It was moved by Alderman Puttick, seconded by Alderman Cowan, that the report he received and ~dopted. Following a brief discussion, it was moved by Alderman Janvary, seconded by Alderman Cheesman, that the matter be tabled for a report from Staff regarding the interim control by-law. The motion to table, which took precedence, Carried with Aldermen Hinsperger and Orr abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Harrington, Hopkins, Janvary, Shetar and Ward. NAYE: Aldermen Cummings and Puttick. R-89-28 - Recreation Commission - Re: 1989/90 Winter Ice Schedule for Municipal Arenas. The report recommends that the attached schedules for special events and regular use of winter ice for 1989/90 at Municipal arenas, be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimousl~. CD-89-43 - Chief Administrative Officer -Ret Cancellation and Refund of Taxes, Section 496(a) Municipal Act. The report recommends that a cancellation of taxes amounting to $273,07 for 1987 and $290.51 for 1988 be made for Seven Star Import and Export Limited of 4616 Erie Avenue - AND - That a refund of taxes amounting to $251.89 for 1986 and $264.46 for 1987 be made to Jennie BitEell of 3007 St. Andrew Avenue. .... 10 - 10 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Wards that the report be received and adopted. Carried Unanimously. ITE~ OF ~ONC~I: NEW BUSINESS Parking Let/Niagara Falls Memorial A~ena - Alderman Cummings initiated a discussion regarding the possibility of allowing the Niagara Palls Thunder Hockey Team to man the parking lot at the Niagara Falls Memorial Arena, with proceeds to be submitted to an educational fund. During the discussion it was agreed that this would not include employees or scheduled events. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the Niagara Falls Thunder Hockey Team he given authority to man the parking lot at the Niagara Falls Memorial Arenas subject to liability insurance and an under- takipg. Carried Unanimously. - 11 - AYE: Aldermen Campbell, Cheesman, Cowan, Harrington, Hinsperger, Hopkins, Janvary, err, Puttick, Sherat and Ward. NAYE: Alderman Cummings. See By-law No. 89-179. It was moved by Alderman Orr, seconded by Alderman Cummings, that Council adjourn to Committee of the Whole. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 89-179 - A by-law respecting sick leave, pensions and other benefits for employees. The motion Carried with Alderman Cummings voting centfury, and with all others voting in favour. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the following by-law be now read a second and third time: COMMITTEE OF THE WHOLE Council Chambers July 11, 1989 Council met on Tuesday, July llth, 1989 at 12:15 a.m. in Committee of the Whole, following a regular meeting. Ai1 members of Council were present. His Worship Mayor Smeaton presided au Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open Council. No. 89-179 - A by-law respecting sick leave, pensions and other benefits for employees. The motion Carried with Alderman Cummings voting contrary, and with all others voting in favour. It was moved by Alderman Chessman, seconded by Alderman Cummings, that the meeting adjourn, and the balance of the agenda be completed on Wednesday, July 12th, 1989, at 4:30 p.m. Carried Unanimously. READ AND ADOPTED, SMEATON COUNCIL MEETING tCouncil Chambers July 11, 1989 Council reconvened in formal session on Tuesday, July llth, 1989, at 12:30 a.m., following a meeting in Committee of the Whole. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. REPORT HR-89-11 (HAIeIOWI) - Chief Administrative Officer - Re: Non-Union Salaries and Benefits for 1989 and 1990. The report, which was considered earlier this evening in Committee of the Wholes recommends the following: 1) , 2) That Council authorize a 4.5% salary increase for non-union employees effective January 1, 1989, a 0.35% salary increase effective September 1, 1989 and a 5% salary increase effective January 1, 1989; and That By-law 88-285 be repealed and the by-law appearing on tonight's agenda respecting sick leaves pensions and other benefits for employees be passed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Minsperger, that the report be received and adopted. The motion ~arrled with the following vote: THIRTY-THIRD MEETING SPECIAL MEETING Council Chambers July 12, 1989 Council met on Wednesday, July 12th, 1989, at 4:30 p.m., for the purpose of considering the balance of the agenda which had not been completed on July 10th, 1989. All members of Council, with the exception of Alderman Campbell, were present. Aldermen Hopkins and Sherat entered the meeting late. His Worship Mayor Smeaton presided as Chairman. Alderman Cheesman offered the Opening Prayer. DEPUTATION FENCE- 6485 ~ STREET- Communication No. 275 - Michael MeNenemy- Re: Fence. The communication requests permission to address Council regarding the subject property. Mr. McMenemy was not in attendance. Council was advised that the matter concerning a fence on the property which was not in compliance with the fence by-law. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to Staff for investigation and a report. Carried Unanimously. UNFINISHED BUSINESS Coeaunication No. 276 - Nrs. Julie A. Darnay, Executive Director, Social Plnnntng Council of Niagara Falls - Re: "Profile of Health in Niagara - Report No. 2.1". The communication attaches the subject study for the informa- tion of Council. ORDERED on the motion of Alderman Herrington, seconded by Alderman Orr, that the communication be received and filed, and the Social Planning Council commended on their efforts. Carried Unanimously. Report No. CD-89-44 - Chief Adainistrative Officer - Re: Lottery Licence Fee Schedule. The report recommends the following: 1) 2) s) That the fee charged for a raffle licence be set at 1% or the value of prizes, with aa minimum charge of $5.00; That the fee charged for a bingo licence be set at 2% of the value of prizes, with a minimum charge of $10.00; That the by-law appearing later on this agenda be approved. Aldermen Cummings and Ward declared conflicts of interest because they are members of organizations which conduct bingos. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the report be received and adopted. The mation Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. See By-law No. 89-172. Report No. 0-89-29 - Chief Adsinistrative Officer - Re: Formation of Committee to Study Long Term Needs of the N.F.C.V.I. Auditorium. The report recommends that the Council of the City of Niagara Falls agree to participate in a Joint Committee with the Niagara South Board of Education, to study the immediate and long term needs of the N.F.C.V.I. Auditorium and to study the prospects of Joint responsibility for the future maintenance of the auditorium; AND FURTHER, That the City's representatives be as follows: Mayor Smeaton, Alderman P. Janvary, Alderman E. Sherat, a Staff representative of the Buildings & Inspections and the Parks & Recreation Departments. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unanimously, -2- COMMUNICATIONS No. 277 -Nlntetry of Natural Resources - Task Force on Integration- Re: Horizontal Control Surveys in Integration of Infrastructure. The communication invites the Municipality to submit a brief and meet with the Task Force. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be referred to Staff for information. Carried Unanimously. No. 278 - Regional Niagara - Re: First Quarter 1989 Building Permit Activities. The communication attaches Report DF89-71. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 279 - John NcCullum, President, Transport 2000 Ontario - Re: The Future Shape of Canada's National Rail Passenger System Network. The communication attaches a statement of principles and objectives regarding the subject matter. Council members expressed concern regarding the impact of the proposal on the tourist industry in this area. Alderman Sherat entered the meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed, and further, that a copy be forwarded to the Niagara Falls, Canada, Visitor & Convention Bureau and Niagara Transit, expressing Council's concern. Carried Unanimously. No. 280 - Teen of Fort Erie - Re: Use of Term "Councillor" vs. "Alderman". The communication asks Council to support a request to the Province, through Regional Council, that an amendment be made to the Municipal Act with respect to the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Chessman, Cowan, Cummings, Hinsperger, Janvary, Orr, Puttick, Sherat end Ward. NAYE: Alderman Herrington. Ro. 281 - Regional Niagara Office of the Clerk - Re: Smoking in Bingo Halls. The communication asks Council to consider a request to examine the possibility of instituting a by-law to establish non-smoking areas in bingo halls. Aldermen Cummings and Ward declared conflicts of interest because they are members of organizations which conduct bingos. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be referred to Group Committees for comment. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with all others voting iu favour.' No, 282 - Region Niagara Public Motks Department - Re: Water/Sewage Flows by Municipality for May 1989. The communication attaches Report DEP-2951. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. No. 283 - City of Toronto - Del~irtment of t~m City ~le~k - Re: Use of Certified Copies of Municipal By-law Consolidations. The communication asks 'Council to support the petition. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the petition be supported. Carried Unanimously. No. 284 - Piety Stewart, President, Volunteer Bureau - Re: 1989 Funding Schedule. The communication attaches a letter to the Director of Finance, and advises that the office will be closed during the month of December 1989 because of lack of funds. Alderman Hopkins entered the meeting. ORDERED on the motion of Alderman 0rr, seconded by Alderman Janvary, that the communication be received and Staff authorized to discuss alternative cost-saving measures. Carried Unanimously. REPORTS CD-89-45 - Chief Ad~mistrative Officer - Re: Lot 127, Plan 226, South Side of Hawkins Street. The report provides background information regarding unsuc- cessful action taken to sell this surplus City-owned property, and recommends that the contents of this report be noted and that it be received and flled. ORDERED on the motion of Alderman Chessman, seconded by Alderman ttinsperger, that the report be received and adopted. Carried Unanimously. B-89-53 - Lo~nRevlew Co~ttee - Re: O.H.R.P. Loan, Lot 247, Plan 40. The report recommends that Council approve the application for the Ontario Home Renewal Program Loan No. 2625000 824. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously_~. R-89-29 - Chief Ad~nistrative Officer - Re: Renovations to Niagara South Arena. The report provides information regarding renovations and bleachers at the Niagara South Arena, recommends that this information be received and filed, and further recommends that Niagara South Recreation Association be acknowledged for the financial contributions towards the renovations at the Niagara South Arena. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, )fi/-89-127 - Chief Adsinistrative Officer - Re: Release and Abandonment of Easement; Lots 91 & 92, Registered Plan M-77, Crimson Drive. The report recommends that Council approve the by-law authorizing the release and abandon- ment of the City's easement traversing Lots 91 & 92 on Crlmson Drive within Registered Plan M-77. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harriugton, that the report be received and adopted. Carried Unanimously. See By-law No. 89-177. Hg-89-128 - Mmmicipal Works Cossittee - Re: Committee Reports: The report recommends the following: 1) rN-89-91, Mountain Road Lmmdfill Public Liaison Cosmittee - Appointment of Citizen Representatives - · It is recommended that: (i) The number of citizen appointees to the Landfill Public Liaison Committee be increased from five (5) to six (6); and (ii) The citizen appointees suggested in tbis report, be endorsed. 2) Ng-89-125, 1989 Pavement Harklug Program- It is recommended that: (i) The Regional Municipality of Niagara, in conjunction with City Staff, undertake the supply and application of traffic marking paint in 1989; (ii) Traffic Staff re-evaluate the entire Pavement Marking Program and tendering process for 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unanimously. [ [ -4- NW-89-129 - Munieipal Works Committee - Re: Committee Report: Subdivision Policy Review: Administration & Fin.nee procedures. The report recommends that, subject to amendments relating to concerns submitted by Mr. S. Branscombe and Mr. A. Goat, the following procedures be implemented for future subdivisions with a target implementation date of January 1, 1990, or earlier, if the supporting changes to the development agreement and procedures can be completed prior to this date. ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. HW-89-130 - Municipal Works Committee - Re: Acoustic Barrier in Bambi Subdivision. The report recommends the following: 1) That approval in principle be granted to the City's participation in a cost sharing arrangement for completion of the acoustic harrier in the Bambi Subdivision; 2) That Staff be authorized to negotiate with the owner of the vacant lots on Nasrullah Crescent (Lots 75, 76, 77 and 78, Plan M-58) with respect to this cost sharing arrangement; 3) That a further report be presented concerning the details of the cost sharing arrangements and the financing source of the City's share; 4) That the Province be requested to provide financial assistance for completion of the harm; and 5) That a chain link fence ha installed to connect the northerly end of the acoustic harm/wall (constructed in conjunction with Rainbow Gardens Subdivision) to the Q.E.W. fence, to resolve the potential City liability situation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cowan, Cuwmings, Herring,on, Hinsperger, Hopkins, Janvary, Orr, Shetar and Ward. NAYE: Alderman Puttick. HW-89-131 - Municipal Works Committee - Re: Committee Report: Status Report on Chippawn Flooding - Remedial Works. The report recommends the following: 1) That the status report be received and filed for information; end 2) That the infiltration into manholes, as identified, be corrected as quickly as possible, with Staff using their discretion relating to costs. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted, Carried Unanimously. RW-89-137 - Chief Administrative Officer - Re: Belleview Estates Subdivision Design Engineering Services, The report recommends that Gore and Storrie Ltd. be retained to provide the engineering design services for the above-noted Subdivision conditional on the Developer depositing the required funds, ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Hartlag,on, that the report be received and adopted, Carried Unanimously, NW-89-143 (~) ' Mtmieipal Works Cosstittee - Re: Committee Report: Servicing Cost Sharing Between City and River Realty (1976) Inc. - St. Andrew's Mort-Profit Housing Site. The report recommends the following recommendations in attached Report No. MW-89-132,' 1) That River Realty Development (1976) Inc.z (1) Grant the City an easement for that portion of the sanitary sewer located on the future road allowance east of Moatrose Road; 5 (ii) Provide the City with an undertaking to grant the City a right-of-way east of manhole 1A and easement to the north for the purpose of extending the oversized sanitary sewer; (iii) Provide the City with an undertaking allowing the City to construct the oversized sanitary sewer prior to the development of Mount Carmel III Subdivision and reimburse the City for the Developer's share of the sewer cost. 2) That Katherine Mikulcic and John Bakerich (owners of the lands north of River Realty Development (1976) Inc. lands): (i) Provide the City with an undertaking to grant the City an easement at a mutually agreed location through their land, free of charge, for the purpose of constructing the oversized sanitary sewer and an outlet for the major overland storm system; (ii) Provide the City with an undertaking allowing the City to construct the oversized sanitary sewer at a mutually agreed upon alignment prior to the development of these lands, if required, and that the Developer reimburse the City for the Developer's share of the sewer cost. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. MW-89-144 (HANDOUT) - Municipal Works Committee - Re: Committee Report: Contract R.C. 16-89 - Miller Road Reconstruction. The report recommends that the attached Report No. MW-89-139 be approved as follows: 1) That the unit prices submitted by the low tenderer, Hugh Cole Construction Limited, be accepted and this contract be awarded in the amount of $79,001.90, subject to receiving securities in the amount of $112,000.00 from the Developer; 2) That Staff review the road and watermain standards required for "Rural Estate Community" developments of this nature. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Hinsperger, Janvary, Orr, Sherat and Ward. NAYE: Aldermen Cheesman, Herrington, Hopkins and Puttick. See By-law No. 89-176. F-89-36 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,954,158.53 for the period ending July 10th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest with Cheque No,. 42419 and 42420 because he has a business interest. Alderman Hinsperger declared a conflict of interest with Cheque Nos. 42412, 42413, and 42414, and 42551, 42552 and 42553s because he is employed with the company. Additional information was provided on Cheque Nos. 42417, 42441, 42453 and 42458. Further information was requested on Cheque No. 42458. ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherat, that the report be received and adopted. The motion Carried with Aldermen Cheesman and Hinsperger abstaining from the vote on Cheque Nos. 42419, 42420, 42412, 42413, 42414, 42551, 42552 and 42553 respectively, ou conflicts of interest previously recorded; with Alderman Orr voting contrary on Cheque No,. 42493, 42663, and 42707; and with all others voting in layout. .I - 6 - CD-89-48 - City Clerk & Returning Officer - Re: 1988 Municipal Election - Financial Statements- The report provides a list of Candidates for the 1988 Municipal Election including contributions and expenses, and recommends that the contents of this report be noted and that it be received and filed for informa- tional purposes. Aldermen Janvary and Sherat pointed out concerns with the Financial Statement. Alderman Janvary advised that she had taken offante to the newspaper reportj and advised that the statement should have been listed as "zero". (The Mayor advised that there was no provision in the Act for this). Alderman Sherat referred to an error in his statement and asked that the statement be checked. (The error was in the Candidate's Statement, not the Clerk's Report). ORDERED on the motion of Alderman Cummings~ seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. C13-89-49 - Cider Administrative Officer - Re: AM-29/88, Restricted Area By-law No. 88-291, proposed Hotel; North Side of Spring Street. The report recommends that the date of the Ontario Municipal Board Hearing be noted, AND that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, ~hat the report be received and adopted. Carried Unanimously- RESOLUTIONS No. 48 - CHF.,ESM&N- HINSPERCER- resolved that the following Aldermen be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton: - Alderman Margaret Herrington be appointed Acting Mayor from July 16th to 22nd, 1989, inclusive; and - Alderman Patrick Cummings be appointed Acting Mayor from July 24th to 31st, 1989, inclusive ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 49 - CItKKSHAN- JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late John Alexander Cameron, a respected resident of Kirkland Lake; and brother of Jeanne E. Fry, Council Secretary 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 Orr, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-169 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. No, 89-170 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 89-171 - A by-law to amend By-law No. 85-204, being a by-law to provide for the use of parking meters on streets. No, 89-112 - A by-law to amend By-law No. 86-215. (Raffle & Bingo Licenoes). No. 89-113 - A by-law to amend By-law No. 83-161, a by-law to prescribe a tariff of fees for the processing of applications,made in respect of planning matters. No. 89-174 - Withdrawn. No, 89-175 - Withdrawn, ~o, 89-176 - A by-law to authorize the execution of an agreement with Hugh Cole Construction Limited for Miller Road reconstruction. 89-177 - A by-law to authorize a release and abandonment of easement. (Lots 91 & 92, Plan M-77 - Crlmson Drive). No. 89-178 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on By-law No. 89-172, on conflicts of interest previously recorded under Report No. CD-89-44; with Alderman Hopkins abstaining from the vote on By-law No. 89-172 because he is a member of an organization which conducts bingos; with Aldermen Cheesman, Harrington, Hopkins and Puttick voting contrary on By-law No. 89-176 as previously recorded under Report No. MW-89-144; with Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 89-178 on conflicts of interest previously recorded under Report No. F-89-36; with Alderman Orr voting contrary on By-law No. 89-178 as previously recorded under Report No. F-89-36; and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-169 - A by-law to amend By-law No. 89-2000, belng a by-law to regulate parking and traffic on City Roads. No. 89-170 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 89-171 - A by-law to amend By-law No. 85-204, being a by-law to provide for the use of parking meters on streets. No. 89-172 - A by-law to amend By-law No. 86-215. 89-173 - A by-law to amend By-law No. 83-161, a by-law to prescribe a tariff of fees for the processing of applications made in respect ~ .of,planning matters. No. 89-174 - Withdrawn. No. 89-175 - Withdrawn. No. 89-176 - A by-law to authorize the execution of an agreement with Hugh Cole Construction Limited for Miller Road reconstruction. No. 89-177 - A by-law to authorize a release and abandonment of easement. No. 89-178 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Hopkins and Ward abstaining from the vote on By-law No. 89-172 on conflicts of lnterest previously recorded; with Aldermen Chessman, Herrington, Hopkins and Puttick voting contrary on By-law No. 89-176; with Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 89-178 on conflicts of interest previously recorded; with Alderman Orr voting contrary on By-law No. 89-178 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Computer Course/Niagara Falls Public Library- Alderman Puttick referred to his previous request for a report regarding the continuance of a computer course for children at the Niagara Falls Public Library. The Chief Administrative Officer advised that a report would be submitted. Proposed Narimm/Welland River - Alderman Puttick discussed contacts he tmd received with reference to the possibility of a Marina being constructed on the Welland River~ and the benefits to the community of such an operation, His Worship Mayor Smeaton advised that discussions were currently taking place with respect to this matter and that a report would be submitted to Council, -8- Transport 20000~tario - Alderman Hopkins presented a sticker entitled, "I'D RATHER BE ON THE TRAIN", and discussed the possibility of membership in the organization. He submitted the information to Mayor Smeaton for a recommendation. His Worship Mayor Smeaton advised that the Visitor & Convention Bureau would be approached regarding this matter. Dire Straits Slo-Pfteh Classic - The Deputy Clerk referred to a communication received from Frank Girhiny Co-Tournament Director, Dire Straits Slo-Pftch Classic, Athletic Warehouse Factory Outlet, requesting a Special Occasion Permit for the Tournament to be held from July 14th to 16th, 1989, because the previously scheduled Tournament had been rained out. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a Special Occasion Permit for the Dire Straits Slo-Pitch Classic to be held on July 14th, 15th and 16th, 1989, at Palmar Park, 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. ~arried Unanimously. It was moved by Alderman Chessman, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.C. 'WiG ,'D;,PdT THIRTY-FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 July 24, 1989 Council met on Monday, July 24th, 1989, at 6:00 p.m., in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. ~D ADOPTED, " cLE / REGULAR MEETING Council Chambers July 24, 1989 Council met on Monday, June 24th, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of His Worship Mayor Smeaton, were present. Acting Mayor Patrick Cummings presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES Alderman Campbell, who was absent during the July 12th, 1989 Special Meeting, declared a conflict of interest on Cheque No. 42417, under Report No. F-89-36 and By-law No. 89-178, because he is involved. ORDERED on the motion of Alderman Sherat, seconded by Alderman Hinsperger, that the minutes of the meeting held July 10th, 1989, and Special Meeting held July 12th, 1989, be adopted as printed. Carried Unanimously. WELCOME Acting Mayor Cummings welcomed the former Alderman, Mr. Richard Harrington, and his guest, Miss Melanfe Jalbert, from Rfmouski, Quebec, to the meeting. DEPUTATIONS ~ NJ~ARA EX~TEN6J: PIa~NNING FOR TltE l~'r~l{E - C8ILDREN'S RESIDENCES - Cosmmieation Nos. 285A & 285B - Social Planning Council - Re: The Niagara Experience: Planning for the Future - Children's Residences. The communica- tions refer to the subject report, which is attached, and advise that a formal presentation will be made at the upcoming Council meeting, and further, credit David Heyworth, Planner I, for his assistance. The following members of the Social Planning Council attended the meeting: Mrs. Julia Darnay, Executive Director; Janice Wiggins, Researcher; Sheila Rebstock, Board Member end Chairman of the Committee; and the following Board and Committee Members: Dennis Bray, Margaret Veall and Florence Robertson. Mrs. Darnay reviewed the subject report which included the following recommendations with respect to group homes: Official Plan Policies, Definitions, Differentiation Between Foster Homes and Group Homes, Locational Needes Distance Separation, By-law Compliances Parking and Supervision. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that the communications be received end the information forwarded to Staff and the Mayor's Group Housing Committee. It was further recommended that the Social Planning Council be commended on the report. Carried Unanimous1b -2- UNFINISHED BUSINESS NIAGARA F~.LSMEMORIAL ARenA- CONDITION - Communication No. 286 - Phil Bingleys Sports Editors The Toronto Star - Re: Niagara Falls Memorial Arena (COUNCIL 1989 05 08). The communication responds to Council's communication regarding the Toronto Star news item with respect to the Niagara Falls Memorial Arena. During the discussion it was suggested that the person who made the erroneous comments regarding the Arena being "dilapidated" be contacted for an apology. ORDERED on the motion of Alderman Wards seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. NIAGARA FALLS PUBLIC LIBRARY - ~UNDING - Report C-89-31 - Chief Administrative Officer - Re: Niagara Falls Public Library (COUNCIL 1989 06 05). The report recommends that Council indicate if it wishes to reconsider the 1989 Budget allocation to the Niagara Falls Library Board, in order to provide for the reinstatement of the computer programs previously made available by the Niagara Falls Public Library Board. Alderman Chessman declared a conflict of interest because his wife is employed by the Library Board. ORDERED on the motion of Alderman Putticks seconded by Alderman Orr, that the report be received and a grant in the amount of $5,500.00 he approved for the computer programs. The motion Carried with Alderman Chessman abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. SITE PLAN APPROVAL - PNDPOSND 52 SEAT RESTAURANT- Report No. B-89-S& - Chief Administrative Officer - Re: Site Plan Approval - Proposed 52 Seat Restaurantl Northwest Corner of Cummington Square & Main Street (TABLED/COUNCIL 1989 07 10). The report recommends that the Council approve the site plan(s) on display at tonight's meetings being a proposed Restaurant, and the site plan being drawing Number I of 3, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 7th, 1989, and that such approval be subject to the conditions outlined in the report. - AND - Communication No. 281A - Randall J. Krebss Solicitor - Re: B-89-54, Site Plan Approval. The communication requests that the matter be returned to the Council Agenda for July 24th, 1989. - AND - Communication No, 287B - Donato A. Colangelos C.E.T. - Re: Proposed 52 Seat Restaurant. The communication attaches a petition signed by a number of resideuts who express the opinion that the development will enhance the area without additional adverse effects to existing sewer services dud associated problems. Alderman Hinsperger declared a conflict of interest because a member of his family is part owner of a business in the area. Alderman Orr declared a conflict of interest because a member of her family owns property in the area. The Chief Administrative Officer discussed the historical background with regard to the subject applications explained that the impact of the development on the sewer system may be lessened through the Site Plan; discussed blocking up the grease pits redirectiou of the drain spouts, drainage of the proposed parking lot into the "Little Mississippi", provision of an easement on the "Little Mississippi" drain by the applicant, at the cost of the Citys and the construction of a canopy over the basement stairwell. Mr. Patrick Little, Solicitor for the applicants stated that the applicant · intends to seal off the grease and oil drainage pit, and install a new catch basin, He indicated agreement to the proposed Site Plan Agreement, During the discussion, concern was expressed regarding toilets on the property and sealing of the lateral in the property line, blocking of the oil and grease interceptor, and storm water drainage. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the report be received and adopteds subject to the aforementioned concerns. The motion Carried with Aldermen Hinsperger and Orr abstaining from the vote on conflicts of interest previously recordeds and with the following vote: AYE: Aldermen Campbell, Cheesman, Harrington, Hopkins, Janvarys Puttick and Ward. NAYE: Aldermen Cowan and Sherar. COMMUNICATIONS No. 288 -Julie Darnay, Executive Directors Social Planning Council of Niagara Falls - Re: Bingo Licences. The communication advises that it is premature to access the impact of changes in the by-law with respect to bingo licences. It further advises that a report will be submitted regarding the United Way perspective on bingo operations. The Clerk's Department was asked to provide the Social Planning Council with information regarding changes in the bingo regulations. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger~ that the communication be received and filed. Carried Unantmousl7. No. 289 - Regional Niagara Public Works Department - Re: Construction Progress Report to June 30, 1989. The communication attaches Report DEP-2960. During the discussion questions were raised regarding the cost of seeding; and Staff was asked to contact the Ministry of Transport with respect to renovations at the Q.E.W./Thorold Stone Road interchange, as well as the condition of the Drummond Road bridge. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. No. 290 - Frances Airds Clerk-Administrator, Township of Hope - Re: Conservation Authority Regulations. The communication provides information regarding a possible irregularity with respect to the regulations. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the communication be referred to Staff for a report. Carried Unanimously. No. 291 - Larry Simpson, Clerks To~n of Georgiun- Re: Dog Owners' Liability Act. The communication requests support of a resolution to amend the Act. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the communication be received and the request approved. Carried UnanlmouslT. No. 292 - Mrs. Sandy Herkimer - Re: Traffic Condition - Sinnicks Avenue and Thorold Stone Road. The communication requests that this be a controlled intersection. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that the matter be referred to the Regional Municipality of Niagara for consideration. Carried Unanimously. No. 293 - D. Gordon Pauls President~ Niagara Falls, Cansdes Visitor & Convention Bureau - Re| Resolution No. 242. The communication asks that City Council include funds, in the 1990 Budget, to cover the cost of installing sidewalks on Lundy's Lane, past all tourist establishments including campark resorts. Mrs. Win Valiquette, 8405 Lundy's Lane, was in attendance to express concerns regarding the lack of sidewalks in the subject area, and "urge Council to act on this matter as soon as possible". ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the matter be referred to the 1990 Budget discussions. Carried UnanimouslF.. -4- No. 294 -Mrs. Narg Nagy, DowntownNiagara Falls, Board of Management - Re: Membership Meeting - August 8, 1989. The communication requests the permission of Council to hold the aforementioned meeting at the Centennial Square, and furthers asks permission for the use of a table. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the request be approved. Carried Unanimously. No, 295 - Lily I Sherizen Q.C. - Re: Leon Sharon, Lands at Front & Norton Streets; Plan 251, Parts Lots 10 and 11, RP 59R-142, Part 1. The communication requests an exemption from the land freeze in Chippawn. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that the communication be referred to Staff. Carried Unanimously. REPORTS C~-89-52 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Mountaingate Estates, Phase 2; File No. 26T-89012; Owners: Chemical Properties Inc. The report recommends that the City Clerk be authorized to process the application for the Mountaingate Estates, Phase 2 Subdivision, and that a report be prepared for Council's further consideration of this plan, based on technical information received, public input, etc. Acting Mayor Cummings reviewed the traditional procedure to be followed with respect to the Public Meeting for this application. Mr. Eric Henry, representing Chemical Properties, stated that the intent of the applicant was to extend Mountain Gate Estates. He requested that the appli- cation be endorsed, and offered to respond to questions raised. During the discussion, questions were raised regarding the Ministry of the Environment's conditions of approval with respect to sewage treatment capacity and sewage flows, as well as soil testing. It was noted that a meeting had been scheduled for July 27th, 1989 with Ministry representatives and the applicant, and furthers that these concerns would be addressed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. CD-89-53 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision, Coventry Park; File No. 26CD 89007(1); Owner: Coventry Park of Niagara Ltd., Robert J.L. Laurence, President. The report recommends that the City Clerk be authorized to process the application for the Coventry Park Condo- minium Subdivision and that a report be prepared for Couucil's further consider- ation of this plan, based on technical information received, public inputs etc. Acting Mayor Cummings stated that the procedure for this meeting would be similar to that followed in the preceding application. Mr. Robert J.L. Laurences representing Coventry Parks explained the proposal, referred to Blocks As B and Cs and stated that all of the units had been sold as condominiums, and were 30Z owner occupied. He explained that plans had been made respecting balance of colours and landscaping. Mr. Pat Luciani, 6821 Buckingham Drive; Tom Murray~ 7963 Regent Court; and Garry Foster~ 6831 Buckingham Drive; expressed concerns regarding the density of the buildings on the subject property, individual ownership of the unitst management controls and wood fencing. The Director of Planning & Development advised that 120 units per acre was under the maximum density, that the Site Plan Control covers landscaping, end · that the City's land use does permit Site Plan Agreements. He further advised that the reason for the Public Hearing was for public input. The Solicitor stated that a Provincial statute covers the individual condominium declarations rules and regulations. ORDERED on the motion of Alderman Hinspergers seconded by Alderman Cheesmans that the report be received and adopted. Carried Unanimously. C~-89-54 - Chief Administrative Officer - Re: Amendment to Subdivision Agreement, Registered Plan M-91 (Monroe Subdivision Ext. 1). The report recommends that the by-law appearing later on tonight's agenda to authorize an agreement with Gary and Colleen Brazeau, be passed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 89-186. PD-89-101 - Chief Administrative Officer - Re: Application for Exemption from Pnrt Lot Control; Lots 129 through 133 - Alex Avenue, Registered Plan M-77, Drummond Park Village. The report recommends that the request from Group 2 Development Ltd. on behalf of the owner, to exempt from Part Lot Control Lots 129 to 133 inclusive, Registered Plan M-77, 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 Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-183, PD-89-102 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval, Drummond Park Village Extension - 26T-80003 (Revised). report recommends the following: The 1) That a Council resolution supporting a one year extension to the remainder of 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 appropriate subdivision sign which complies 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 Cheesman, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 52. PD-89-104 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lot 72 - Pamela Drive; West Meadow Subdivision (Registered Plan M-129). The report recommends that the request from John 3. Simon, on behalf of the owner, to exempt from Part Lot Control Lot 72s 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 Alderman Hinsperger, seconded by Alderman Hopkinss that the report be received and adopted. Carried Unanimously. See By-law No. 89-181. PD-89-105 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Controls Palmar Avenue, West side, South of Jepson Street; Lots 12s 13s 14, 15 and 16s Plan 285. The report recommends that the request from R.A. Diltss on behalf of the ownerr to exempt from Part Lot Control Lots 12 to 16 inclusivep Plan 285 ~ 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 Hopkins, seconded by Alderman Sherars that the report be received and adopted. Carried Unanimously. See By-law No. 89-182. PD-89-103 - Chief Administrative Officer - Re: Niagara Escarpment Plan - Amendment No. 52/89. The report recommends the following: 1) That Council express support for the intent of the Niagara Escarpment Plan; 2) That Council not support Amendment No. 52/89; -6- 3) That this report be submitted to the Regional Municipality of Niagara as the City's input to the Region's coordinated response to the Niagara Escarpment Commission; and 4) That copies of this report be sent to the City of Thorold, NECs MNR and Walker Industries. - AND - Comunication No, 296 - City of St, Catharines - Re: Niagara Escarpment Plan Amendment No. 52/89, Deletion of Landfills As a Permitted Use. The communication advises that the City of St. Catberthas is opposed to the amendment. ORDERED on the motion of Alderman Chessman, seconded by Alderman Ward, that the report be received and adopted. Following a brief discussion, it was moved by Alderman Puttick~ seconded by Alderman Sherat that the matter be tabled until the return of Mayor Smeaton. The motion Carried with the following vote: AYE: Aldermen Campbell, Harrington, Hinsperger, Ropkinss Puttick and Sherat. NAYE: Aldermen Chessman, Cowan, Janvary, Orr and Ward. PD-89-106 - Chief Administrative Officer - Re: Lyon's Creek Fill Line Registration. The report recommends the following: 1) That Council resolve to support the registration of fill lines for the Lyon's Creek watershed; and 2) That a copy of this report and Councll's resolution be submitted to the Niagara Peninsula Conservation Authority, the Regional Municipality of Niagara and the City of Welland. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 50. PD-89-107 - Chief A4ainistrative Officer - Re: Proposed .Agreement, George W. Foster, Consent Application B-310/87 & B-311/87. The report recommends that Council adopt the by-law to authorize the execution of an agreement with George & Grace Foster and Larry & Marilyn Vann, as well as the release of the agreement once the conditions of the agreement are complied with. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-185. 1~>-89-108 - Chief Administrative Officer - Re: Proposed Agreement, B. Visca, Consent Application B-110/89. The report recommends that Council adopt the by-law to authorize the execution of an agreement with Bernardo Visca. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the report be received and adopted· Carried Unanimously. See By-law No. 89-187. R-89-30 - Chief Administrative Officer - Re: Public Swimming - Y.M.C.A. The report advises that the public swimming pool attendance from the period of January 1s 1989 to June 30, 1989, in comparison to last year's. attendances is up 13%s and recommends that Council receive and file the information. Alderman Campbell declared a conflict of interest because he has a business relationship. ORDERED on the motion of Alderman Wards seconded by Alderman ginspergers that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. -7- I]-89-55 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for June 1989. The report provides information regarding Permits Issued and Highlights for June 1989s as well as July proposals, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherar, that the report be received and adopted. Carried Unantmousl7. B-89-56 - Chief Administrative Officer - Re: Painting Underside of Roof, Niagara Falls Memorial Arena. The report recommends that Council consider the painting of the interior roof of the Niagara Falls Memorial Arena, together with the supporting structure, in conjunction with the 1990 Budget estimates. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously.__~. B-89-57 - Chief Administrative Officer - Re: A By-law to Authorize a Parking Agreement, Niagara Imperial Motel Limited; 5851 Victoria Avenue; Committee of Adjustment, A-43/89. The report recommends that Council pass the by-law on tonight's agenda authorizing the City to enter into an agreement with the Niagara Imperial Motel Limited. During the discussion, concern was expressed regarding the condition of the rear lots on Ellen Avenue. Staff was asked to take action with respect to this matter. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See BT-law No. 89-194. NW-89-115 - N~nictpal Works Coattee- Re: Committee Report - Ketffer Street Local Improvements. The report recommends the following: 1) .That the requested sidewalk and road improvements (road works and curbs and gutters) be undertaken, in conjunction with the trunk storm sewer construc- tion and that these works be undertaken as one project in 1990; 2) That the 1990 Capital Budget include the necessary allocations to allow these works to proceed and that the necessary by-laws be approved early enough in the year to allow the project to proceed in 1990; and 3) That the road improvements (road works, curbs and gutters) be subject to approval of the necessary Local Improvement Act By-law. There was a negative response to Acting Mayor Cummings' request for comments from persons present. Alderman Campbell asked that a letter of notification be forwarded to interested persons. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimousl7· 1~-89-126 - ~ef Administrative Officer - Re: Contract G .C. 10-89, Underground Services in Hunter Heights Subdivision. The report recommends that the unit prices submitted by V. Gibbons Contracting Ltd., be accepted and this contract awarded to this firm subject to: 1) Receiving Ministry of the Environment approval of the water and sewer installation for this project; 2) Passing the accompanying by-law appearing on tonight's agenda, authorizing . the award of this contract to V. Gibbons Contracting Limited; 3) ~'Signing of the Subdivision Agreement by the developer in a form satisfactory to the City; 4) Execution of an Indemnity Agreement by the..deve~oper with respect to registration of the Plan of Subdivision, - AND - Cosmunication No. 297 - 743211 Ontario Inc. - Re: Contract G.C. 10/89 - Underground Services in the Hunter Heights Subdivision. The communication advises that the two lowest tenders had been reviseds that the second lowest [fiend~[d ~[oo~i~l~IncC~{taXncsttiro~c~lomni.ted, is now the lowest, and asks approval of -8- ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the developer, Mr. Michael Carluccio, be permitted to speak. The motion Carrie~ with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Harrington, Hinsperger, Hopkins, Janvary, Puttick and Sherat. NAYE: Aldermen Orr and Ward. Mr. Carluccio expressed the desire to carry out clearing of brushes on the site himself, and therefore, asked that the second low bidder, Provincial Construction Ltd. (Niagara Falls), be awarded the contract, since this company would then be the low bidder at $201,200.00. He responded to questions raised regarding the grubbing. Following a discussion regarding the upcoming subdivision development policy, it was moved by Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Hinsperger, Hopkins, Janvary, Orr and Ward. NAYE: Aldermen Campbell, Chessman, Cowan, Harrington, Puttick and Sherat. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and that Provincial Construction Limited be awarded the contract at a low bid of $201,100.00. It was further recommended that the report and by-law on tonight's agenda, be amended accordingly. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cowan, Harrington, Hinsperger, Janvary, Puttick and Sherat. NAYE: Aldermen Hopkins, Orr and Ward. See By-law No. 89-188, and By-law No. 89-189. NW-89-136 - 6hief Administrative Officer - Re: Contract G.C. 17-89 - Underground Services in the Moatrose Manors Subdivision. The report recommends that the unit prices submitted by the low tendeter, Alfred Beam Excavating Limited, be accepted and the contract be awarded to this firm subject to: 1) Receiving Ministry of the Environment approval of the water and sewer systems required for this project; 2) Passing the accompanying by-law appearing on tonight's ageads authorizing the award of this contract to Alfred Beam Excavating Limited; 3) Signing of the Subdivision Agreement by the developer in a form satisfactory to the City; 4) Payment of all monies to the City as specified in the Subdivision Agreement; 5) Execution of an Indemnity Agreement by the developer with respect to registration of the Plan of Subdivision. ORDERED on the motion of Alderman Hinsparger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. Sea By-law No. 89-190, and By-law No. 89-191. !iN-89-145 - Ntmiclpal Pszking C~mittee - Re: Committee Report - Parking Lot 2B - Park Street and Erie Avenue. The report recommends that Council approve the installation of parking meters in Municipal Parking Lot 2B, situated in the south-west corner of Park Street and Erie Avenue (sketch attached). ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. 111/-89-146 -Chief Administrative Officer - Re: Belleview Estates Subdivision Engineering Agreement. The report recommends that the by-law appearing on tonfght's agenda, authorizing the execution of the Consulting Services Agreement with Core & Storrfe Limited, in the amount of $37,000.00 for the engineering design of the Belleview Estates Subdivision, be approved. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unantmousl7. See By-law No. 89-192. 1~89-148 - Hunlclpal Works Committee- Re: Committee Reports. The report recommends the following: 1) NW-89-134, Carmet Road Railway Crossing- Installation of Stop Signs - It is recommended that: Council approve the installation of stop signs at the Garner Road C.N.R. Railway Crossing (situated south of Warner Road) as an interim measure, until such time as crossing signals and gates are installed however, not longer than 1 year; and (ii) Council approve the expenditure of approximately $14,000.00 representing the City's share (12 1/2%) for the installation of railway crossing signals and gates on Garner Road, at the C.N.R. Crossing, south of Warner Road (Mile 6.35 Grimshy Subdivision). ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the recommendation be received and adopted. Carried Unanimously. 2) Nk~89-142, Recycling Diversion Credit Fee - It is recommended that City Council be requested to pass the necessary by-law to amend our agreement with Niagara Recycling, to increase the diversion credit from $20.00 per tonne to $65.00 per tonne, to be effective July 1st, 1989. ORDERED on the motion of Alderman Ward, seconded by Alderman tlinsperger, that the report be received and the recommendation received and adopted. Carried Unanimously. F-89-37 - Chief AdsrEnistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $14,638,302.21 for the period ending July 24th, 1989, be npproved by the passing of the by-law appearing later on the agenda. Acting Mayor Cummings declared a conflict of interest on Cheque No. 42945 because a member of his family is employed with the organization. Alderman Campbell declared a conflict of interest on Cheque No. 42943 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 42877 because he has a business relationship with the'firm. Alderman Hinsperger declared a conflict of interest on Cheque Non. 42731 and 42732 because he is employed with the firm. Additional information was provided on Cheque Nos. 42714, 42776 and 42937. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Acting Mayor Cummings and Aldermen Campbell, Chessman and Hinsperger abstaining from the vote on Cheque Nos. 42945, 42943, 42877, 42731 and 42732 respectively, on conflicts of interest previously recorded; with Aldermen Orr and Puttick voting contrary on Cheque No. 42798; and with all others voting in fayour. See By-law No. 89-197. - 10 - CD-89-50 - Chief Administrative Officer - Re: Cancellation and Refund of Taxes, Section 496(a), Municipal Act. The report recommends that a refund of taxes, amounting to $105.79 for 1987, and 6112.54 for 1988, be made to Mr. Howard Grtffiths of 7001Lundy*s Lane, Miagara Falls, Ontario. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. CD-89-51 - Chief Administrative Officer - Re: Insurance Claims, Notice by Claimant. The report provides information regarding the accurate record made with respect to inquires of Staff or Aldermen, pertaining to insurance claim matters, and recommends that the contents of this report be received and filed for the information of Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 89-186. 3-89-11 - Chief Administrative Officer - Re: Stopping Up, Closing and Conveyance to Emilio Lupia of Part of Ontario Avenue. The report recommends that Council pass the by-law appearing on tonight's agenda to authorize the stopping up, closing and conveyance of part of Ontario Avenue, after first hearing any person who claims that his land will be preJudicially affected by the by-law, and who applies to be heard. There was a negative response to Acting Mayor Cummings* request for comments from persons present. ORDERED ou the motion of Alderman Hopkins, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. See By-law No. 89-195. H~-89-12 (HANDOUT) - Chief Administrative Officer - Re: Employee Group Benefits. The Chief Administrative Officer advised that the report was considered and approved earlier this evening by the Finance Committee. The report recommends that employee group benefits be renewed at an increased cost of $85,650.00 per annum for the benefit year, September 1, 1989 to August 31, 1990. Alderman Janvary declared a conflict of interest because her husband has a business interest. ORDERED on the motion of Alderman Campbell, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. F0-89-09 (HAMIMMT) - CIder Administrative Officer - Re: Capital Budget 1989 to 1993. The Chief Administrative Officer advised that the report was considered and approved earlier this evening by the Finance Committee. The report recommends that the attached draft copy of the 1989-93 Capital Budget, which was revised by the deletion of the hospital expenditure for 1989, be adopted. ORDERED ou the motion of Alderman Chessman, seconded by Alderman Hiusperger, that the report be received and adopted. Carried Unanimously. PD-89-111 (K&leo~r) - Chief Adsinistrative Officer - Re: Strategy to update the Official Plan - Supplementary Report. The report~ which was considered earlier this evening in Committee of the Whole, recommends the following: 1) 2) That this report be received and filed for information. That the Official Plan Strategy Report PD-89-71, as amended, be forwarded to Council for formal adoption. that the report be received and adopted. vote: ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, The motion Carrie~ with the following - 11 - AYE: Aldermen Campbell, Cheesman, Cowan, Harrington~ Hlnsperger, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Alderman Puttick. RESOLUTIONS No. 50 - HOPKINS - WARD - RESOLVED that the Council of the Corporation of the City of Niagara Falls does accept the fill lines shown by the Niagara Peninsula Conservation Authority on schedules for Lyons Creek, dated April 1989, and supports the registration of the fill lines, pursuant to Section 28 of the Conservation Authorities Act and Ontario Regulation 82/86; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 51 - ORR- JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Gluseppina Iorfida, a highly respected member of the community; and mother of Sam Iorfida, Research & Development Supervisor for the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7. No. 52 - CHEESMAN- HINSPERGER - RESOLVED that the Council of the City of Niagara Falls supports a one year extension to the remainder of the Drummond Park Village Extension draft plan of subdivision - (File No. 26T-80003) (Revised), conditional upon the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 89-180 - A by-law to designate certain land not to be subject to part lot control. (Lot 71, RP 598-129). No. 89-181 - A by-law to designate certain land not to be subject to part lot control. (Lot 72, RP 59M-129). No. 89-182 - A by-law to designate certain land not to be subject to pert lot control. (Palmar Avenue, W/s South of Jepson St.). No, 89-183 - A by-law to designate certain land not to be subject to part lot control. (687876 Ontario Ltd., Drummond Park Vlge. RP M-77). NO. 89-184 - 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. (RP M-77). No, 89-185 - A by-law to authorize the execution of an agreement with George Foster and Grace Foster and others. No. 89-186 - A by-law to authorize the execution of an agreement with Gary Brazeau and Colleen Brazeau. No. 89-187 - A by-law to authorize the execution of an agreement with Bernardo Visca and with Leonard Cashmore for vehicular access to and from the property described therein. 80, 89-188 - A by-law to authorize a subdivision agreement with 743211 Ontario Inc. respecting the Hunter Heights Plan of Subdivision. No. 89-189 - A by-law to authorize the execution of an agreement with Provincial Construction Limited (Niagara Falls) for sewermaine, watermains and base road construction in the Hunter Heights Subdivision. 89-190 - A by-law to authorize a subdivision agreement with George Schneider Holdings Limited respecting the Montrose Manors Plan of Subdivision. .... 12 - 12 - No, 89-191 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road construction in the Montrose Manors Subdivision. No. 89-192 - A by-law to authorize the execution of an agreement with Gore & Startie Limited respecting engineering services for the Belleview Estates Plan of Subdivision. No. 89-193 - A by-law to authorize the execution of an agreement with 800460 Ontario Limited for the payment of consulting engineering services respecting the proposed Belleview Estates Plan of Subdivision. No. 89-194 - A by-law to authorize the execution of an agreement with Niagara Imperial Motel Limited. No. 89-195 - A by-law to stop up and close and to authorize the conveyance of part of Ontario Avenue. No. 89-196 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment No. 179). No. 89-197 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Orr and Ward voting contrary on By-law Nos. 89-188 and~'~as previously recorded under Report No. MW-89-126; with Alderman Cheesman voting contrary on By-law No. 89-196; with Acting Mayor Cummings and Aldermen Campbell, Chessman and Ninsperger abstaining from the vote on By-law No. 89-197 on conflicts of interest previously recorded under Report No. F-89-37; with Alderman Orr and Puttick voting contrary on By-law No. 89-197 as previously recorded under Report No. F-89-37; and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the following by-laws be now read a second and third time; No, 89-180 - A by-law to designate certain land not to be subject to part lot control. No, 89-181 - A by-law to designate certain land not to be subject to part lot control. Ha. 89-182 - A by-law to designate certain land not to be subject to part lot control. No, 89-183 - A by-law to designate certain land not to be subject to part lot control. No. 89-184 - A by-law to suthorize the execution of an agreement with 687876 Ontario Limited and others amending the Subdivision Agreement for the Drummond Park Village Plan of Subdivision. (RP M-77). 89--185 - A by-law to authorize the execution of an agreement with George Foster and Grace Foster and others. No. 89-186 - A by-law to authorize the execution of an agreement with Gary Brazeau and Colleen Brazeau, No. 89-187 - A by-law to authorize the execution of an agreement with Bernerda Vises and with Leonard Cashmore for vehicular access to and from the property described therein, No. 89-188 - A by-law to authorize a subdivision agreement with 743211 Ontario Inc. respecting the Hunter Heights Plan of Subdivision, 89-189 - A by-law to authorize the execution of an agreement with Provincial Construction Limited (Niagara Falls) for sewermains, watermains and base road construction in the Hunter Heights Subdivision. No, 89-190 - A by-law to authorize a subdivision agreement with George [ ,.,oldin s timlied rasp. tl-8 the Montro.e Hu.ors plan of vso, - 13 - No, 89-191 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road construction in the Montrose Manors Subdivision. No. 89-192 - A by-law to authorize the execution of an agreement with Gore & Startie Limited respecting engineering services for the Belleview Estates Plan of Subdivision. No. 89-193 - A by-law to authorize the execution of an agreement with 800460 Ontario Limited for the payment of consulting engineering services respecting the proposed Belleview Estates Plan of Subdivision. No. 89-194 - A by-law to authorize the execution of an agreement with Niagara Imperial Motel Limited. No. 89-195 - A by-law to stop up and close and to authorize the conveyance of part of Ontario Avenue. No. 89-196 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment No. 179). No. 89-197 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Orr and Ward voting contrary on By-law Nos. 89-188 and 89-189 as previously recorded; with Alderman Cheesman voting contrary on By-law No. 89-196; with Acting Mayor Cummings and Aldermen Campbell, Cheesman and Hinsperger abstaining from the vote on By-law No. 89-197 on conflicts of interest previously recorded; with Alderman Orr and Puttlck voting contrary on By-law No. 89-197 as previously recorded; and with all others voting in favour. NEW BUSINESS ITI~S OF INTI~ST: Nunictpal Marks Coeeittee - At the request of Alderman Janvary for a consensus of opinion, it was generally agreed that the next meeting of the Municipal Works Committee would be scheduled for Monday, July 31st, 1989. Sir Adam Beck No. 3 Hydro Station - Alderman Campbell initiated a discussion regarding the location of the Sir Adam Beck No. 3 Hydra Station, being in Niagara Falls rather than in Queenston. City of Niagara Falls - Float - Acting Mayor Patrick Cummings referred to the Information for Council communication, received from the Parade Chairman of the Welland Rose Festival, with the information that the City Float had been awarded a $500.00 prize in the Welland Rose Festival Parade. He stated that the Welland Float had not "shown up" for the City of Niagara Falls Blossom Festival Parade, and requested that the City of Welland be contacted for an explanation. ITENS OF CONRRe~: Traffic Congestion - StAnley Avenue & N~y. 420 - Alderman Puttick discussed the traffic congestion at the intersection of Stanley Avenue and Highway 420, and asked that Staff contact the authorities with the suggestion that an additional lane be constructed. He requested that a verbal report be submitted. NlsZara Parks Comesion- Alderman Campbell referred to the exemption of the Niagara Parks Commission from environmental assessment, and the construction in the Niagara gorge. tle suggested that the City Council of Niagara Falls, New York, be contacted with respect to the aforementioned concerns, and further, that sn agreement be completed between Niagara Palls, New York, and Niagara Falls, Ontario regarding construction between the Rainbow Bridge and the base of the Falls. The Chief Administrative Officer advised that this item would be placed on the Agenda for the next Joint Meeting of the two Councils. · · , , - 14 - During the discussion, reference was made to the 100-Year Plan of the Niagara Parks Connnission, and the installation of additional canals through the City of Niagara Falls· Overnight Pazking - Alderman Campbell initiated a discussion regarding the overnight parking of vehicles on City streets· It was moved by Alderman Campbell, seconded by Alderman Puttick, that the Regional Police Force be asked to desist from ticketing vehicles parked overnight on City streets until October 1, 1989. The motion was Defeated with the following vote: AYE: Aldermen Campbells Herrington and Puttick. NAYE:. Aldermen Cheesman, Cowan, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the matter be referred to Staff for a report in three weeks. The motion Cart.led with the following vote: AYE: Aldermen Campbell, Cowan, Harrtngton, Hinsperger, Hopkins, Janvary, Puttick and Ward· NAYE: Aldermen Cheesman, Orr and Sherat. Rock Concert - Acting Mayor Cummings discussed complaints received during the past week-end with respect to a concert held Sunday, July 23rd, 1989, entitled, "Falls Rock '89" and featuring Brighton Rock. He requested that an investigation be made. The Chief Administrative Officer advised that the concert had been sponsored by an outside organization, with proceeds going to the landowner. He further advised that when contacted, the spokesperson had been "apologetic", that the matter had been referred to the Police Department for investigation, and that charges may be pending. In response to questions raised, he stated that there would be no other concerts. At 9:45 p.m. Acting Mayor Cummings declared a recess. At 10:00 p.m. Council members reconvened for an additional item. ***** REPORT HR-89-13 (HANDOUT) - Chief Administrative Officer - Re: Amended Collective Agreement with the Canadian Union of Public Employees, Local 133. The report recommends that Council ratify the amended Collective Agreement between the Corporation and C.U.P.E., Local 133 for 1989/90s by passing the by-law appearing on tonight's agenda. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orrs that the report be received and adopted, Carried Unanimously. See By-law No. 89-198. BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that leave be granted to introduce the following by-laws and the by-law be read a first time: No, 89-198 - A by-law to authorize an Agreement with the Canadian Union of Public Employees Local 133, Carried Unanimously. - 15 - ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the following by-law be now read a second and third time: 89-198 - A by-law to authorize an agreement with the Canadian Union of Public Employees Local 133. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, THIRTY-FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 August 14, 1989. Council met on Monday August 14, 1989, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Wayne Campbell who was on vacation, were present. His Worship Mayor Smeaton 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 August 14, 1989. Council met on Monday, August 14, 1989, 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 on vacation, were present. His Worship Mayor Smeeton presided as Chairman. Alderman Sherat offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hopkins wished to be recorded in the minutes of July 24, 1989, as being opposed to the awarding of the Contract for Provincial Construction Ltd. (Niagara Falls). ORDERED on the motion of Alderman C,,mm~ngs, seconded by Alderman Hinsperger that the minutes of the meeting held on July 24, 1989, be adopted as amended, Carried Unanimously, PLANNING MATTERS PD-89-116 - Chief Administrative Officer - Re: Zoning Amendment Application AM-22/89 Hospltality Motels Ltd. and V. & I DiCosimo. The report recommends the following: l) That Council support the requested amendment to the Zoning By-law to permit off-site parking through a change in zoning on a portion of the lands from Tourist Commercial (TO) to Parking (P). That the amending by-law reflect minor reductions to the interior and exterior yards of the proposed parking area and that the proposed hotel not be constructed any closer to th~ westerly interior side yard than 4m (13 ft.) as presently proposed; 2) That the applicant provide daylighting triangles to the satisfaction of the City's Municipal Works Department~ 3) That the applicant design and provide an internal storm sewer system to handle the drainage from both properties and that approval be obtained from the Niagara Parks Commission to discharge the storm flow to the Niagara River; 4) That Staff be directed to prepare the necessary amendment to the Zoning By-law for enactment at a subsequent Council meeting; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - CcmsunicationNo. 298A- Regional Niagara F~-4-g & Development Depa~;-ent - Re: Preliminary Zoning By-law Amendment AM-22/89, 4067 River Road (Rapids Motor Inn), and 4327 Ferguson Street. The communication advises that Regional Planning Staff have no concerns with the proposal subject to recommendations of the Hotel Study Interim Guidelines; and further advises that the Regional Public Works Staff have no objections. - AND - Cosmunication No. 298B - ]t{nistry of the Envlromment - Re: Zoning Amendment Application AM-22/89. The communication advises that the Ministry is unable to Support the Zoning Amendment By-law Appllcatlon unless it can receive assurance regerding.addltlonal sewage flows as indicated in the communication. - AND - Coemunication No. 29gC - Claude & Msrjorie Scott - Re: ~_M-22/89 DiCosimo. The communication opposes the application because of reduced privacy and suggests conditions regarding the rear wall, kitchen exhaust fans, a retaining well, garbage bins, and parking lot be included if approval is granted. - AND - Communication No. 298D - Doree~ Schulta and W~lllml Thomson - Re: AM-22/89 DiCoslmo. The communication opposes the application because of increased parking and traffic problems. - AND - Communication No. 298M - Richard Campbell - Re: AM-22/89 DiCosimo. The communication expresses concern regarding the aesthetics of the proposed motel, inadequacy of parking, poor location and suggests a setback of 20 to 25 ft. on Elgin Street. - AND - Communication Hoe. 298F & G - G & W. Hawk/ns and Howard Martin - Re: AM-22/89. The communications advise that the writers will be in attendance at the Council meeting on August 14, 1989. Alderman Hopkins declared a conflict of interest because the applicant is a client of a family member. Alderman Orr declared a conflict of interest because the applicant is a client of a f~mily member, His Worship the Mayor declared the Publlc Meeting open and advised that the procedure to be followed would be as outlined in the Planning Act, 1983. The Clerk advised that the property was located on the west side of River Road between Elgin Street and Fer~uson Street and a second parcel was located at the north west corner of Glenview Avenue and Ferguson Street. The application was to demolish the Rapids Motor Inn and construct e new 4 storey, 96 unit hotel providing 24 perking spaces on the property in order to meet the mln4mum 68 parking spaces required. The Clerk further advised that the Notices of the Public Meeting had been forwarded on July 14, 1989. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches end reviewed the following information contained in Technlcsl Report No. PD-89-109: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments From The Public Notification Process; Planning Review; and Site Plan Review. Mayor Smeaton indicated the presence of Mr. Dante Marineill, Solicitor, on behalf of the appllcant; end received a positive response to his request for a show of hands by persons interested in the application. Mr. Dante Marineill on behalf of the applicant, reviewed the proposal and requested Council's approval. Mr. Claude Scott, 4233 Elgin Street; Mr. Wally Hawkins 4053 Glenview Avenue| Mr. Howard Martin 4336 Leader Lane; and Mr. Richard Campbell, 4536 Ferguson Street, were in attendance to express concerns outlined in their communications recorded previously, Further concerns were expressed regarding devaluation of property, During the discussion it was suggested that because of increased construction, a market study should be completed. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Aldermen Ward, seconded by Alderman Cowan that the communications be received and filed and the report be received and adopted. It was further recommended that residents be included in the site plan agreement discussion. The motion Carried with Aldermen Hopkins and Orr abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: NAYE: Aldermen Chessman, Cowan, Cummings, Hinsperger, Puttick, Sherat and Ward. Aldermen Harrlngton and Janvary. PD-89-114 - Chief Administrative Officer - Re: Zoning Amendment Application AM-19/89, R. Lefebvre; 5429 & 5439 McRae Street. The Report recommends the following: l) That Council support the requested Zoning By-law amendment permitting additional lands to be used for parking purposes and the storage of a metal refuse bin in conjunction with an existing non-conforming specialty contractor's office and storage building; 2) That the maximum size of the buildings be included in the amending by-law and that no outside storage be permitted. with the exception of one metal refuse bin at the rear of the subject lands; 3) That the applicant provide a 2.4m (8 ft.) wooden privacy fence and a 1.bm (5 ft.) landscaped buffer around the perimeter of the proposed parking area; 4) That the perking area not be graded any higher than the surrounding properties and be maintained in a dust-free gravel condition; 5) That matters respecting fencing, landscaping, grading, lighting, parking and surface treatment he addressed through the Site Plan Control process; 6) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Councll meeting; 7) That the applicant and the Regional Municipality of Niagara be advised accordingly. -AND - Communication No. 299A- Regional Niagara Pl--ning & Development Department - Re: Preliminary Zoning By-lawAmendment AM-19/89, 5429 & 5439 McRae Street. The communication advises that Regional Planning Staff does not object to the proposal but expresses concern regarding compatibility with adjacent residential uses, the proximity of the garbage bin and parking area to residences to the north, and expansion of non-conforming use in view of existing characteristics associated with the operation. The communication further indicates that Regional Public Works Staff have no objections. - AND - Communication No. 299B - Ministr~ of the Environment - Re: Zoning Amendment App1IcationAM-19/89. The communication advises that the Ministry has no objections to the passage of the Zoning Amendment but that the proponent should make provision for a dust suppresion program in the parking area. Alderman Cummings declared conflict of interest because his family resides nearby. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be as outlined in the Planning Act, 1983. The Clerk advised that the property was located on the north side of McRae Street and east of Stanley Avenue containing p~emises known as 5429 and 5439 McRae Street; and the application proposes to extend the land area used for an existing non-conforming use that being a specialty contractor's office and storage building. The Clerk further advised that the Notices of the Public Meeting had been forwarded on July 14, 1989. .! -4- The Director of Plannlng & Development discussed the subject lands with the assistance of posted sketches and reviewed the following information contained in Techinlcal Report PD-89-110: Development Proposal; Offlcial Plan; Zoning By-law; Surrounding Land Use; Comments From The Public Notification Process; Planning Review; and Site Plan Review. His Worship Mayor Smeaton indicated that the applicant's agent was in attendance. There was a negative response to Mayor Smeetonws request for a show of hands indicating the presence of persons ~nterested in the application. Since no further comments were forthcoming Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the communications be received and filed, and the report be received and adopted. Tne motion Carried with Alderman Cummings abstaining from the vote on a conflict of prevlously recorded, and with all others voting in fayour. FD-89-118 - Chief Adsia~stratlve Officer - Re: Zoning Amendment Application AM-20/89, 577793 Ontario Limited, 6455 Buchanan Avenue, (Ramada Fallsvlew Inn). The report recommends the following: 1) That Council support the requested amendment to the Zoning By-law to permit the construction of 4 additional storeys, containing 68 hotel suites, to the existing 13 storey hotel, including a reduction to the maximum lot coverage and the provision of 25% landscaping, and to permit the construction of a 2 storey building addition utilizlng leased lands, including an increase in the maximum building end e reduction to the minimum northerly side yard; 2) That the applicant have a traffic impact study prepared to satisfy the concerns of the Cltyts Munlcipal Works Department; 3) That the applicant satisfy the City that a long-term lease with Ontario Hydro has been obtained prior to the passing of the amending by-law; 4) That Staff be directed to prepare the necessary amendment to the Zoning By-law for enactment at a subsequent Councll meeting; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly; - AND - C~mumlcatlon Nos. 300A & B - Raglone1 Niagara Pla,v~img & Development Depa=~amt - Re: Prellminary Zoning By-law Amendment AM-20/89, 6455 Buchanan Avenue (R-m~da Fallsview Inn). The communications advise that Regional Plannlng Staff have no objections to the proposal subj act to recommendations regarding height reductions, and proportlonsl reductlons~in buildlng coverages, setbacks, end further, that Regional Public Works Staff indicate no obaections. Alderman Hopkins declared a conflict of interest because a member of his family has a business association. Alderman Janvary declared a conflict of interest because a member of her family is employed at Ramada Fallsvlew Inn. His Worship Heyor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be as in the previous applications. The Clerk advised that the property was located at the northwest corner of Buchanan Avenue and Dixon Street and that the appllcant proposes to construct e two storey building addition for a new foyer, service area and ballroam. The appllcation also proposes to construct four eddltional floors to the existing Rnmade Inn. The Clerk further advised that the Notices of the Public Meeting had been forwarded on July 14, 1989. The Director of Plannlng & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-89-113z Development Proposall 0fficiel Plan; Zoning By-Lewl Surrounding Land Use; Comments From The Public Notification Process| Planning Review and Site Plan Review, _5 _ His Worship Mayor Smeaton noted the presence of Mr. Dante Marinelli, Solicitor, on behalf of the applicant: and received a positive response to his request for a show of hands of persons interested in the application. Mr. Dante Marineill addressed Council on behalf of the applicant, and requested that Council approve the proposal. During the discussion. the Director of Municipal Works indicated his agreement that a traffic study would not be necessary in this case. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. 0RDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communications be received and filed, and the report be received and adopted with recommendation No. 2 deleted. The motion Carried with Aldermen Hopkins end Janvary abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. PD-89-121 - Chief Administrative Officer - Re: Zoning Amendment Application AM-21/89, Modern-Airs Inns Inc., 6663 Stanley Avenue, Quality Inn Modern-Airs. The report recommends the following: l) That Council support the requested amendment to the Zoning By-law to permit the construction of a 13 storey (49m) hotel addition to the existing 3 storey motel, providing a minimum of 25% landscaping and a reduced maximum lot coverage of 30% and that no structures be permitted to be constructed within 6.6m (21.8 ft.) of the Dunn Street road allowance, after the required road widening; 2) That the applicant dedicate a 1 metre (3.2 it) road widening strip to the Regional Municipality of Niagara along the property's M0~TI{eR~ frontage on Dunn Street (Regional Road 35) of 46m (151 ft.); 3) That the applicant provide an interconnectedwBter.supply system and a separated sewer system to the satisfaction of the City'a Municipal Works Department; 4) That Staff be directed to prepare the amending by-law for enactment at a subsequent Council meeting; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly; -AND - 8ommunlcatlon No. 301A - Regloaml Niagara Planning & Development Department - Re: Prellmlnary Zoning By-law Amendment AM-21/89, Quality Inn Modern-Airs, 6663 Stanley Avenue. The communication advises that the Regional Planning Staff have no objections to the proposal subject to Hotel Study - Interim Guldellnes. - AND - Communication No. 301B - Regional Niagara Planning & Development Department - Rez Prellminary Zoning By-law Amendment AM-21/89. The communication attaches a copy of Reglonal Publlc Works comments indlcatln~ that they have no objectlong. -AND - Co~munlcatlon No. 301C - Ministry of the Environment - Re: Zoning Amendment Application AM-21/89. The communication advises that the Ministry will be unable to support the amendment application unless assurance is received regerdlng sanitary sewage flows. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be slmilar to the previous applications. The Clerk advised that the property was located at the southwest corner of Stanley Avenue and Dunn Street containing the Quality Inn - Modern-Airs Motel, The epplicetlon proposes construction of a 13 storey 130-unit hotel addition immedlately west of the e~istlng motel. The Clerk further advised that the Notices of the Public Meetings were forwarded on July 14, 1989. e 6 Mr. Dante MarineIll, Solicitor for the applloant, was in attendance. There was a negative response to Mayor Smeaton's request for a show of hands indicating the presence of persons ~nterested in the application. The Director of Plannlng & Development discussed the subject lands with the assistance of posted sketches, and discussed the following information contained in Technlcel Report No. PD-89-112: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use: Comments From The Public Notification Process; Planning Review; and Site Plan Review. Mr. Marinelli discussed the proposal in terms of the setback on Dunn Street, the quality and size of the proposed suites, as well as facilities. Me responded to questions raised. During the discussion, there was indication that there should he some alteration in the parking design. It was moved by Alderman Hopkins, seconded'by Alderman Janvary, that Recommendation No. I to support the requested amendment, be approved. The motion was Defeated with the following vote: AYE: Alderman Chessman, Harrlngton, Hopkins, Janvary and Ward. NAYE: Alderman Cowan, C,~m{ngs, Hinsperger, Orr, Puttick and Sherat. ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr that Recommendation #1 be amended to read as follows: "That Council support the requested amendment to the Zoning By-law to permit the construction of a 13 storey (49m) hotel addition to the existing 3 storey motel, providing s minlmumm of 25% landscaping and a reduced maximum lot coverage of 30% and that no structures be permitted to be constructed within 10 feet of the Dunn Street road allowance. - The motion Carried with the following vote: AYE: Aldermen Cowan, ~,m~ings, Hinsperger, Orr, Puttick and Sherat. NAYE: Aldermen Chessman, Herrington, Hopkins, Janvar~ and Ward. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings that Recommendations #2, 3, 4 and 5 in the report, be received and adopted. Carried Unanimously. PD-89-119 - Chief Administrative Officer - Re: Interim Control By-law for Chippaws/Stanley Avenue Areas. The report recommends that Council consider the enactment of new zoning regulations as an alternative to Interim Control to ensure that further City development takes place in an enviroamentally sensitive manner. Following a brief discussion, it was moved by A~derman Herrington, seconded by Alderman Orr, that the report be received and adopted. The motion was Defeated with the following vote: AYE: NAYE: Aldermen Herrlngton and err. Aldermen Chessman, Cowan, C~,mmings, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward, ***** It was moved by Alderman Cummings, seconded by Alderman Chessman, that approval be given to proceed past 11:00 p.m, The motion Carrledwith the followlng vote: AYE: Aldermen Chessman, C,,mm~ngs, Minsperger, Hopkins, Janvary, Sherat and Ward. NAYE: Aldermen Cowan, Herrington, Orr and Puttlck. PD-89-119 - Council continued the dfaeussion on th~s matter. Mr. V. F. Muratorl, Solicltor, addressed Council on behalf of Mr, DiCienzo, applicant, 7 Following further discussion, it wes moved by Alderman Puttick, seconded by Alderman Sherat that the matter be tabled for further information. The motion was Defeated with the followlng vote: AYE: Aldermen Hinsperger, 0rr, Puttick. Sherat and Ward. NAYE: Aldermen Cummings, Chessmen, Cowan, Herrington, Hopkins and Janvary. ORDERED on the motion of Alderman Hopkins, seconded by Alderman err. that the report be received and adopted. Motion Carried with the following vote: AYE: Aldermen Chessman. Cowan, Herrington, Hinsperger. Hopkins. Janvary, Orr, Harrlngton and Hopkins. NAYE: Aldermen Ward, Sherat, Cummings and Puttick. Interim Control By-law 89-161 - Re: Chippaws/Stanley Avenue Areas. A By-law to prohibit certain uses of land in the TC (Tourist Commercial) zone on the westerly of the Niagara River Parkway. Alderman Cummings declared a conflict of interest because a member of his family has a business relationship. Alderman Ward declared s conflict of interest because he has a business relationship in the area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that By-law 89-161 be rescinded end that it be referred to staff for preparation at the appropriate By-law. The motion Carried with Aldermen Cumm~/]gS and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Chessman, Cowan, Janvary, Orr, Puttlck and Shetar. NAYE: Aldermen Herrington, Hinaperger and Hopkins. PD-89-120 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lot 57, Pamela Drive West Meadow Subdivision (R.P. M-129). The report recommends that the request from Joseph Nicoletti, on behalf of the owner, to exempt from Part Lot Control Lot 57, 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 by Alderman Hopkins, seconded by Alderman Janvary that this report be received and adopted. Carried Unanimously. PD-89-117 - Chief Administrative Officer - Re: Licenee Agreement for Computer Software Module Overlay. The report recommends that Council adopt the by-law to authorize the execution of a licenee agreement for the use of the GIS software module OVERLAY. ORDERED on the motion of Aldernmn Cummings, seconded by Alderman Janvary that the report be received and adopted. Carried Unanimously. WELCOME ALEX MAC GREGOR.. Cc~munication No. 302 - Nobuo Wakl, MAyor of Takamatsu. Japan - Re: Alex MacGregor. The communication introduces Mr. MacGregor. Mayor Smeaton welcomed Mr, Alex MacGregor of the Niagara Internatlonel School to the meeting, Mr. MacGregor stated that Takamatsu has three or four sister cities, and a population of 320,000 people. He presented a letter written in Japanese (translation circulated) and m folding screen to Mayor Smeaton from the Mayor of Takamatsu. Alderman Marrington made a presentation to Mayor Smeaton on behalf of the 30 mayors and officials from Japan who visited the area recently, DEPUTATION FOR SPEECH: Mr. Dan Toppari of the Kinsmen Club of Niagara Falls provided Council with information regarding Mr. Andy [itzhen:-/and his "Cycle for Speech". - 8- ~FIl~q~r~ BUSINESS SALE & D~V~OPMENTOFMLq~ICIPALY~S ' SWAYZE DRIVE: C-89-32 -ChiefAds/nistrative Officer - Re: Sale and Development of Municipal Lands - Stanley Avenue & Sweyze Drive (8.61 acres). The report recommends that Council accept a proposal for the sale of the above-referenced lands to Stanley Industrial Place Inc. at a price of $300,000, subject to the following conditions: 1) That the purchaser entering into an agreement of purchase and sale, providing that the Firm will commence the construction of a minimum of 37.000 square feet within two years and completion within three years from the date of purchase of the land. the said agreement to provide that if the development agreement is not complied with. the City will have the right to re-purchase the land at 90% of its sale price together with the cost incurred by the developer for the installation of servicing costs (i.e. sewer. water, laterals); 2) That the purchaser agrees. upon the issuance of the necessary building permits, to provide the City with a letter of credit or guarantee satisfactory to the City which will permit the City to complete any structures undertaken upon the lend up to 37,000 square feet; 3) That the land will be subject to Site Plan Control. Alderman Ward declared conflict of interest because he is involved in the proposed purchase. Mr. Chris Cristelli represented Mr. Butera, President of Master Paving. He stated that under their proposal this site was to he developed as a Condomlnium concept, with units of 1440 square feet. Mr. Bruce Peters, the Architect, stated that there was no intention of changing the proposal. During the discussion. it was pointed out that the Economic Development Agency had previously presented a proposal regarding this matter. The City Solicitor stated that it was procedurally correct to ratify the recommendation made in Committee of the Whole, at which time bids and proposals had been received and opened, and further. that contacting the successful bidder for clarification of a term or condition was acceptable. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman C-mm{ngs, that the report he received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with the following vote; AYE: Aldermen, Chessman, Cowan. C-mmings. Herrington, Hinsperger, Hopkins, Janvary, Puttick, and Sherat. NAYE: Alderman Orr. GRANTS & l'~u'aud~ST ~ ~ TO OPTIMIST CLITE,: C-89-33 - C~mief Administrative Officer - Re: Grant of Interest Free Loan to The Optimist Club of Niagara Falls, in the amount of $500,000.00. The report recommends that Council pass the by-law appearing on tonightts agenda to authorize an interest free loan to The Optimist Club of Niagara Falls in the amount of $500,000.00 and that the by-law be submitted to the Ontario Huniclpal Board for approval. ORDER~ on the motion of Alderman Ward, seconded by Aldermen Cummings, that the report be received and adopted. The motion Carried with the following vote: Aldermen Cheesman, C,,mmings, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. Aldermen Cowan, Herrington and Orr. See By-law No. 89-203. - 9 CO~4UNICATIONS No. 303A - Regional Niagara P3nn~ing & Development Department - Re: "Where Next? A Look to the Future. The communication attaches Report DPD 2522. ORDERED on the motion of Alderman Jabvary, seconded by Alderman Cowan that the communication be referred to staff. Carried Unanimously. It was moved by Alderman Herrington. seconded by Alderman Janvary, that the meeting be adjourned until 5:00 p.m. on Tuesday August 15. 1989. The motion was Defeated with the following vote: AYE: NAYE: Aldermen Herrington, Hopkins, 0rr, Puttick, Sherat and Ward. Mayor Smeaton and Aldermen Chessman, Cowano Cummings, Hinsperger and Janvary. No. 303B - Regional Niagara Public Works Department - Re: Water/Sewage Plows by Munlcipality Monthly Report for June 1989. The communication attaches Report No. DEP-2954. ORDERED on the motion of Alderman O,mmings. seconded by Alderman Janvary. that the communication be received end filed. Carried Unanimously. No. 303C - Regional Niagara Public Works Department - Re: Conservation of Water & Utilization of Water Charges to Fund Infrastructure Rehabilitation Works. The communication attaches Report No. DEA-358. ORDERED On the motion of Alderman CummingS, seconded by Alderman Hopkins that the communication be referred to Staff and Municipal Works Committee. Carried Unanimously. No. 304A-The Regional Municipality of N,e~ lton-Wentworth - Re: Resolution. The communication asks Council to endorse a resolution of sympathy and support to citizens of Chinese heritage. ORDERED on the motion of Alderman C-mmings. seconded by Alderman Chessman. that Council support a resolution to be forwarded to Federal and Provincial authorities through FCM. Carried Unanimously. No. 304B - Ontario Municipal l~sployees Retiresent Board - Re: Pensions for Municipal Elected Officials. The communication attaches Summary of Mercer Study of Pensions for Municipal Councillors. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that this matter be tabled for two weeks. Carried Unanimously. No. 304C - Ministry of Housing - Re: Policy Statement of Land Use Planning for Housing Under The Planning Act. The communication attaches the subject report. ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Harringcon, .that the communication be referred to staff. Carried Unanimously. No. 305A -Andrew S. Brandto M.F.P.. Leader of the Ontario Progressive Co~servetlve Part= -Ret County Government in Ontario. The communication requests consideration of the Provincial Goverument's report and plans for County Government. ORDERED on the motion of Alderman C-mmlngs, seconded by Alderman Hopkins, that the communication be received and filed. Carried Unanimously. No. 305B - Steve Butland. M. P. - Re: VIA Rail. The communication attaches a suggested resolutlon calling for full public hearings on the future of VIA Rail Canada. ORDERED on the motion of Alderman Chessmen. seconded by Alderman Hinsperger, that the resolution be approved, The motion CaFrie~ with the followlng vote: - 10 - - 11 - AYB: Alderman Chessman, O,mmings, Herrington, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherat end Ward. Alderman Cowan. No. 306 -Rosm"-w Thols. ]Executive Directors Information Niagara - Re: Grant. The communication expresses appreciation of Council's support and cooperation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received end filed. Carried Unanimously. No. 307 - T. Berry Rose, Fresldeut, The Chamber of Commerce, NiaSara Falls - Re: Televislng of Council Meeting. The communication requests that Council reconsider its position regarding this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Chessman. Cowan, C,,mmings, Herrington, Hinsperger, Hopkins, Orr. Puttick. Sherat and Ward. NAYE: Alderman Janvary. No. 308 - Regional Niagara Public Works Department - Re: Request for Traffic Signal, Niagara Road 57 (Thorold Stone Road) at Sinnicks Avenue. The communication, which was addressed to Mrs. Sandy Herkimer, 5879 Brooks Crescent advises that a zoning revision by the City of Niagara Falls would be necessary.and further, that this matter will require some time to process. ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 309 - Barbara Caplau, City Clerk, City of Toronto - Re: Bill 119 Redirection of Lottario Profits. The communication requests Council's support at the upcoming hearings regarding the redfraction of Lotratio profits from cultural and recreational activities to hospital purposes. ORDERED on the motion of Alderman C,~mings, seconded by Alderman Minsperger, that the matter be referred to the Recreation Commission for possible action. The motion Carried with the followin8 vote: AYE: NAYE: Alderman Cowan, Cv~mlngs. Herrington, Hinsperger, Janvary, Puttick and Sherat. Alderman Chessman, Hopkins, Orr and Ward. No. 310 -Mike Parlevliet & Cluny D. Macpherson. The Professionals - Re: "Niagara River Recreation Trail Day" - August 27, 1989, The Inn on the Parkway. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings. seconded by Alderman Cowan, that Council indicate it has no objection to the issuance of a Special Occasion Permit for the Niagara River Recreation Trail Day to be held on Sunday, August 27, 1989, from 4:00 p.m. to 10:00 p.m. at the Inn on the Parkway, Niagara Falls, Ontario, subject to the approval of the Regional Pollce Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 311 - Keyin Greene - Re: Jerry Lewis Telethon for Muscular Dystrophy, Telethon '89 - September 4, 1989, at A. C. McCallum Park. The communication requests a Special Occasion Permit for the event, ORDERED on the motion of Alderman C,,mm{ngs, seconded by Alderman Cowan, that Council indicate it has no objection to the issuance of a Special Occasion Permit for the Jerry Lewis Telethon for Muscular Dyetrophy. Family Day for Jerry's kids to be held on Monday. September 4, 1989, at A. G. McCallum Park, Niagara Falls. Ontario, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health 8errices Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 312 - Mrs. Car,lye M. Reid, Regional Manager, Bell C~-wda- Re: Hell Canada Fact Sheet. The communication provides an advance copy of the subject fact sheet showin8 major projects carried out in Niagara Falls end tax revenues paid tot the past year. :} Alderman Hinsperger declared conflict because he is employed with the Company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. The motion Carried with Alderman Binsperger abstaining from the vote on a conflict of interest previously recorded, and will others voting in fayour. REPORTS C~-89-58 - Chief Administrative Officer - Re: Surplus Municipal Property Lot 127, Plan 226 - South side of Hawkins Street. The report recommends that Council authorize the sale of Lot 127. Registered Plan 226. located on the south side of Hawkins Street, for $30.000.00 plus survey costs, if a survey is required. ORDERED on the motion of Alderman Cummings. seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-89-58 - Chief Adm~n;atratlve Officer - Re: The Buildings & Inspections Department Report for July 1989. The report provides information regarding Permits Issued and Bigblights for July 1989 as well as August proposals, and recommends that the report be received and filed. ORDERED on the motion of Alderman Janvary, seconded By Alderman Cummings, that the report be received and adopted. Carried Unanimously. B-89-59 - Chief Administrative Officer - Re: Purchase of Natural Gas By-law. The report recommends that the by-law appearing on tonight's agenda, for the purchase of natural gas from Northbrldge Petroleum Marketing Inc. and the Consumers' Gas Company Ltd., he 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. 89-202. B-89-60 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Apartment Building, 6690 McLeod Road, A-24/89. The report recommends that Council approve the site plan(s) on display at tonight's meeting, being a proposed Apartment Building, and the site plan being drawing Number One (1), and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 8, 1989, and that such approval be subject to the conditions contained in the report. ORDERS3 on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. B-89-61 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Care, 6095 Buchanan Avenue, N/W Cotmar Buchanan Avenue & Robinson Street, A-36/89. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Restaurant Building, and the site plan being drawing Number SP-1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 28, 1989, and that such approval he subject to the conditions included in the report. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and adopted· Carried Unanimously. B-89-63 - Municipal Parking Ceem~ttee - Re: Committee Report: School Crossing Guards. The report recommends that City Council approve School Crossing Guards being paid $105.00 per week, for a fifteen hour work week, commencin8 September 4, 1989. ORDERED on the motion of Alderman C,mmings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. R-89-31 - Chief A4adu~tstrative Officer - Rel Niagara Bowman Archery Club. The report recommends that the by-law appearfag on this evening's agenda regarding leasing City properties to the Niagara Bowman Archery Club be approved. ORDERED on the motion of Alderman Oxmmlngs, seconded by Alderman Janvary, that the report be received and adopted, Carried UnanimOusly. See By-law No.. 89-204, · 12 _ 12 _ 1e~-89-150 - F~clpal Works Ceemlttee - Re: Committee Reports. The report recommends the followlng: 1) M~-89-138, January- June Construction Status Report- It is recommended that the attached construction status report be received for the information of Council. 2) M~89-147o Contract R.C. 6-89 - Seneca Street. Falls Avenue, Ontario Avenue Trunk Se~er Status Report, July 24, 1989 - It is recommended that the following construction status report regarding Contract R.C. 6-89 be received for the information of the Municipal Works Committee. 3) G.I.S. Sea/nat held enMonday June 26, 1989 at BrockUnlversity - It is recommended that: (i) This report be received for the information of the Committee and Council; (il) The net profits generated from the November 22nd and 23rd, 1988 Lot Grading Workshop and June 26th, 1989 G.I.S. Seminar, be used to augment the possible purchase of Municipal Works computer-aided drafting equipment for which the tender documents and specifications are currently being prepared. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report he received and adopted. Carried Unanimously. M~-89-152 - ~,,4eipal Works Cosmittee - Re: Committee Report: Updating of Local Improvement Policy and Rates. The report recommends that: 1) The two-tier rate structure recommended in this report be adopted as the procedure in deallns with "in-phase" and "out-of-phase" local improvement request petitions| 2) The local improvement rates charged by the Municipality be updated to reflect 1989 prices and that the rates be increased annually in accordance with the Southem Construction Index effective January 1st of each years and 3) The local improvement rate to be charged for those "out-of-phase" streets with petitions currently on file being charged the "in-phase" rate of $42.50 per metre, and that Publlc Meetings be arranged by Municipal Works Staff to initiate local improvement curb and gutter works on these streets. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanlmously. ~-89-153 -- ~,-4oipalWorks Cesaaittee - Re: Committee Report: Master Drainage Plan for Unnamed Creek. The report recommends that: 1) The Master drainage plan guideline outline in the Acres report he adopted for future development proposals in the above-mentioned water-shed; cud 2) The "unnamed creek" be officially chan8ed to "Warren Creek". ORDERED on the motion of Alderman Cowan. seconded by Alderman Janvary.-that the report be received and adopted. Carried Unanimously. N~-89-154 - Chief Administrative Officer - Re: Quotation for purchase of Total Station Survey Equipment - Quotation No. 42-89. The report recommends that the Geodimeter System 422 Total Station Survey Equipment, be purchased from Geodimeter of Canada Ltd., in the amount of $27,105.73. ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. ~-89-155 - Chief Administrative Officer - Re: Quotation for the purchase of Computer Aided Draftin8 and Design Equipment and Software - Quotation No. · 44-89. The report recommends that the Computer Aided DraftinS and Design Equipment and Software for the Municipal Works Department be purchased from _ 13 _ Versys Systems Limited, in the amount of $49,410.00. being the second lowest of eleven (11) bids submitted. ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously, M~-89-156 - Chief Administrative Officer - Re: Contract R.O.S. 18-89 - Rehabilitation of Man Accessible Sewers Dorchester Road between Dolphin & Pinedale Drive. The report recommends that: 1) The unit prices submitted by the low tendered, Underground Services Ltd., Bolton, Ontario, be accepted and this contract be awarded; 2) Finances in excess of the debenture by-law authority (estimated at $110,000) be funded from the "Contribution to Capital Spending (Urban Service Area)" Account 13102 in our 1989 Operating Budget; and 3) $25,000 be allocated from the "General Service Reserve" Account for financing the Consultant's Engineering fee. ORDERED on the motion of Alderman Cummings. seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. l%}-89-157 - Chief Administrative Officer - Re: Contract A.C. 19-89 - Mot Mix Asphalt Overlays. The report recommends that the unit price of $567.232.01 submitted by the low tendeter, Northland Bitullthic Limited (St. Catharlnes). be accepted. ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. ~-89-162 - Chief Administrative Officer - Re: Household Hazardous Waste Days. The report recommends that the appropriate contract be prepared to provide that Trlcil Environmental Management conduct three Household Hazardous Waste Days for the City. It is further recommended that the Company's proposal to use their Allanport Road facility in September, the City's Chippaws Works Yard in October and Municipal Service Centre in November be chosen as the appropriate option. ORDERED on the motion of Alderman Hopkins, seconded by Alderman C"mm~lgS, that the report be received and adopted. Carried Unanimously. See Resolution No. 54. Mg-89-160 - Waste M-~Senent Sub C{mmlttee - Re: Committee Report: Pilot Rural Recycling Depot & City Buildings Recycling Program. The report recommends that: 1) Authorization be granted to establish a Pilot Rural Recycling Depot at the Willoughby Town Hall, at an upset limit of $2,000.00; and 2) Authorization be granted to implement a City Buildings Recycling Program at an estimated cost of $1,000.00. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report he received and adopted. Carried Unanimously. ~-89-161 - Waste)b-s~enent Sub C~emittee - Re: Cc~nittee Report: Recycling in Schools. The report recommends that the Niagara South Soard of Education and the Welland County Separate School Soard be approached to commence an appropriate Recycllng Program for the upcoming school season. ORDERED on the motion of Alderman Ward. seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanlmously. F-89-37 - Chief Adainistrative Officer - Re: Finance Committee Report. 1) Six Month Statement of Revenue end Expenditure for City Operations; 2) International Great Lakes Conference; 3) May. 1989 financial reports for the Humane Society and the Niagara Falls Library; that the report be received and adopted. 4) Falls Industrlal Park Statement of Revenue and Coats to June 30, 1989; 5) Advanced Munlcipal Systems; 6) AMO Request for Special Levy; 7) Adjustment of Monthly Automobile Allowance for Mayor. The report recommends that Council adopt the following actions: 1) That items i to 6 be received and filed for information; 2) That the request of AMO be tabled until after the AM0 conference for consideration; 3) That automobile allowance adjustment for the Mayor be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, Carried Unanimously. F-89-38 - Chief Administrative Officer - Re: Munlclpal Accounts. The report recommends that the accounts tota11ing 815,268,384.74 for the period ending August 14, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 50130 because his wife is employed with the Board: end a conflict of interest on Cheque No. 50437 because he has a business relatlonship. Alderman Hinsperger declared conflicts of interest on Cheque Nos. 50031, 50032, 50217, 50218 and 50335 because he is employed with the firm. Aldermen Hopkins declared a conflict of interest on Cheque No. 50240 because he is employed with the Company; and on Cheque No. 50397 because he is directly involved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Chessman, Minsperger, and Hopkins abstaining from the vote on Cheque Nos. 50130, 50437, 50031, 50032, 50217, 50218, 50335, 502~0, and 50397 respectively, on conflicts of interest prevlously recorded; and with all others voting in fayour. See By-law No. 89-207 (1)-89-55 - Chief Administrative Officer - Re: L.A.C.A.C. Appointments. The report recommends that Messrs. Robert C. Fenwick, Raymond J. 8. Roberrs and Paul J. Wintemute be appointed as members of the Niagara Palls, Local Architectural Conservation Advisory Committee. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unsnlmously. Alderman Puttick retired from the meeting. CD-89-56 - Chief Administrative Officer - Re: Motorized Refreshment Vehicle. The report recommends that a licehoe for Motorlead Refreshmen= Vehicle, to be located at 6770 McLeed Road, be granted to Mr. Ted Burgls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the licehoe be denied. The motion Carried with the following vote: AYE: NAYB: Aldermen Chessman, Cowan, C-mmings, Herrlngton, Hopkins, 0rr end Sherat. Aldermen Hinsperger, Janvary and Ward, RESOLUTIONS No, 53 - C~MMINGS - ~INSPMROBR - RESOLVED that e messabe of condolence be forwarded to the fmmily of the late John Smyth, a respected resident of the City end former valued employee of the Corporation for many yearel AND the Seal .of the Corporation be hereto affixed, Carried Unenlmously. _ 15 _ No. 54 - HOPKINS - CUMMINGS - RESOLVED that the Council of the City of Niagara Palls approve a contract being prepared to provide that Tricil Envirorunental Management conduct three Household Hazardous Waste Days for the City: that Trlcil Environmental Management's facility on Allanport Road be used in September, the City of Niagara Falls Chippaws Works Yard in October and the Municipal Service Centre in Novemberbe chosen as the appropriate option: and that the Ministry of the Environment be so advised; 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. 89-199 - A by-law to amend By-law No. 89-2000. being a by-law to regulate parking and traffic on City Roads. (Stopping, Standing and Parking). No. 89-200 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meters). No. 89-201 - A by-law to amend By-law No. 89-01, providing for appointments to certain Boards, Commissions and Committees. NO. 89-202 - A by-law to authorize the execution of agreements with the Northbridge Petroleum Marketing, Inc.. the Lincoln County Roman Catholic School Board and The Conmsumers' Gas Company Ltd., for the purchase of natural gas. No. 89-203 - A by-law to authorize e grant to The Optimist Club of Niagara Falls. No. 89-204 - A by-law to authorize the execution of an agreement with Niagara Bowman Archery Club. No. 89-205 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited. No. 89-206 - A by-law to authorize the execution of an agreement with Underground Services (1983) Ltd. for sewer rehabilitation on Dorchester Road. No. 89-207 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cowan, Herrington and Orr voting contrary on By-law No. 89-203: with Aldermen Chessman, Hinsperger and Hopkins abstaining from the vote on By-law No. 89-207 respectively, on conflicts of interest previously recorded under Report No. F-89-38; and with all others voting in fayour. ORDERED on the motion of Alderman C-mmIlxge, seconded by Alderman Janvary, that the followlngby-law be now read a second time: No,..89-203 - A by-law to authorize a grant to The Optimist Club of Niagara The motion Carried with Aldermen Cowan, Herrington and Orr voting contrary and with all others voting in fayour. ORDERED on the motion of Alderman C~mm{ngs, seconded by Aldermen Hinsperger, that the following by-laws be now read a second and third time: No. 89-199- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping, Standing and ParkinS). - 16 - No. 89-200 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meters). No. 89-201 - A by-law to amend By-law No. 89-01. providing for appointants to certain Boards. Commissions and Committees. No. 89-202- A by-law to authorize the execution of agreements with the Northbridge Petroleum M~rketing. Inc.. the Lincoln County Ro~u~n Catholic School Board and The Cona~ers' Gas Company Ltd.. for the purchase of natural gas. No. 89-204 - A by-law to authorize the execution of an agreement with Niagara Bowman Archery Club. No. 89-205 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited. No. 89-206 - A by-law to authorize the execution of an agreeant with Underground Services (1983) Ltd. for sewer rehabilitation on Dorchester Road. No. 89-207 - 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. 89-207 on conflicts on interest previously recorded] and with all others voting in fayour. NEW BUSINESS ATa~OF(]O~CMa(N: Corner/CorwinAvenue & Barker Street - Alderman Cheesman initiated a discussion regarding the subject intersection and requested that the matter he referred to Staff to review warrants for a 4-way stop and submit a report. Intersectlon/GallinSer Street & Portage Road - Aldemn Janvary discussed the subject intersection and asked that the matter be reviewed by Staff and a report submitted. Excavation/Dorchester Road & Dawson Street - Alderman C,,mmings expressed his concerns regarding the existence of a dangerous situation at the excavation of a buildlng in the subject area. He referred its close proximity to the road and the need for safety measures. Council directed that the matter be referred to Staff. It was moved by Alderman Cheesman, seconded by Alderman Janvary, that the meetlns adjourn. Carried Unanlmously. ~0PTED, ~ - MAYOR WILL SMEATON THIRTY-SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 August 28, 1989 Council met on Monday, August 28th, 1989, at 7:00 p.m., in Committee of the Whole. All 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 August 28, 1989 Council met on Monday, August 28th, 1989, at 7:30 p.m., for the puTpose of considering regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cowan offered the Opening Prayer. DEPUTATIONS NOTORIZED REFRESHMENT VEMICLE LI~G~ - Report No. CD-89-56 - Chief Administrative Officer - Re: Motorized Refreshment Vehicle Licenee, 6770 McLeod Road - Ted Burgis (COUNCIL 1989 08 14). The report recommends that a licenee for a Motorized Refreshment Vehicle, to be located at 6770 McLeod Road, be granted to Mr. Ted Burgis. Mr. Burgis distributed and reviewed a summary of actions taken to date regarding this matter. During the discussion, the City Solicitor expressed the opinion that a license should be issued if Mr. Burgis has complied with the by-law. It was suggested that Staff be directed to review the licensing by-law and submit a report as soon as possible. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and the Refreshment Vehicle Licence for 6770 McLeod Road, be approved. Carried Unanimously. LOT 7, PLAN H-67, FALLS INDUSTRIAL PARK ~x'A'~HSION SUBDIVISION - Cosaunieation No. 313A - Peter S. Ms--, Solicitor - Re: Badalorco Manufacturing Limited, Parcel 7-1, Section H-67, being Lot 7, Plan M-67. The communication requests a further extension of the date for commencing construc- tion on the subject lands. - AND - Comnmieation No. 313B - Charles C. Chataway, Director, Niagara Falls Econosic Development Agency - Re: Badalorco Manufacturing Limited, Lot 7, Plan M-67. The communication suggests that if the requested extension is granted, it should be for a very short period of time, and further, that it should be the last extension for this property. Mr. Peter Mann addressed Council on behalf of Mr. Halim R. Badawy, owner of the subject lands. Me explained the reason for the requested extension. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that a further extension of one year be approved. Carried Unanimously. BRIEF ON BILL C 21, U.I.C. f~JTBACKS - Comaunication No. 314 - Niagara Falls & District Labour Council - Re: Bill C 21. The communication expresses concerns regarding the proposed Federal Government cutbacks in Unemployment Insurance benefits and asks Council to adopt a resolution opposing the cuts in regular Unemployment Insurance benefits. Mr. Wayne Hardwick, President, Local 1054 C.A.U., and representing the Niagara Fells Labour Council; Janice Bishop, President, I.A.M. Local for Fleet; and Larry Bishop, C.L.C., were in attendance. Mr. Hardwick reviewed the brief and responded to questions raised. He submitted a resoiution adopted by the City of Welland. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cheesman, that the matter be referred to Staff for consideration and a report, to include the resolutions of the City of Welland and the Regional Municipality of Niagara. It was further recommended that Mr. Rob Nicholson, M.P., be invited to attend the upcgming, meeting. Carried Unanimously. UNFINISHED BUSINESS NIAGARA DISTRICT AMBULANCE SERVICE BUDGET - Communication No. 315 - Minister of Health - Re: Niagara District Ambulance Service Budget. The conmunication advises that the budget allocation for the Service has been increased to cover the wage settlement costs established by negotiations last year. During the discussion, concern was expressed regarding the average response time of the Ambulance Service in the area. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the communication be received and filed, and further, that the concerns regarding ambulance response time be forwarded to the Greater Niagara Hospital Board for comments. Carried Unanimously. INTEM!N CONTROL BY-LAW NO. 89-161 (DIClENZO) - Report No. CD-89-57 - Chief Adsinistrative Officer - Re: Interim Control By-law No. 89-161 (DiCienzo) (COUNCIL 1989 07 10). The report recommends the following: 1) That a copy of By-law No. 89-161, letter of objection and other supporting documents be forwarded to the Ontario Municipal Board; 2) That a copy of the by-law to rescind By-law No. 89-161 also be forwarded to the Board requesting that it determine the status of the matter. Alderman Cummings declared a conflict of interest because a member of his familylie employed at Inn on the Parkway. Alderman Ward declared a conflict of interest because he has a business relationship. Mr. V.F. Nuratorl, Solicitor, was in attendance on behalf of Mr. DiCienzo. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. See By-law No. 89-210. PENSIONS FOR HUHICIPAL ELECTED OFFICIALS - CommmaicatiouNo. 316 - A.M. Reeve, ExecutiveDirector, Ontario Hunicipal Employees Retirement Board, OMEN - Re~ Pensions for Municipal Elected Officials (COUNCIL 1989 07 14). The communication attaches a Summary of Mercer Study of Pensions for Municipal Councillors, and advises that the report has been released by the Minister of Municipal Affairs for public review. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be tabled for further information from AN0. Carried Unanimously. COMMUNICATIONS No, 317 - Niagara Peninsula Conservation Authority - Re: Township of Hope Memo - Conservation Authority Regulations. The communication advises that Regulation 82/86 regarding Fill, Construction and Alteration to Waterways, remains valid and enforceable as do all Conservation Authority Regulations throughout the Province. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that the communication be received and filed. Carried Unanimously. No. 318 - Regional Niagara Public Works Department - Re: Construction Progress Report to July 31, 1989. The communication attaches Report DEP-2968. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be received and filed, and further, that Regional Chairman Wilbert N. Dick be invited to attend an upcoming Council meeting to discuss future plans for the City of Niagara Falls. Carried Unanimously. No. 319 - Regional Niagara Office of the Clerk- Re: Parking Control on the South Side of Niagara Road 35 (Dunn Street). The communication attaches Report DEA-358, Item 14, and advises that the Region has approved a parking restriction to be implemented on the south side of Dunn Street from Orchard Avenue to 40 mettee east thereof in 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. 320 - Greek-Canadian Community Association of Niagara - Re: Greek Festival, October 21 and 22, 1989 - Greek Cultural Centre. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Sherat, seconded by Alderman Hopkins, that Council indicate it has no objection to the issuance of a Special Occasion Permit for the Annual Greek Festival, to be held October 21st and 22nd, 1989 at the Greek Cultural Centre, 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. 321 - John Dunn, CA~t Coordinator, Niagara Falls Chemical Plants - Re: Proclamation. The communication asks Council to proclaim the month of October, 1989 as "CAER Month". ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the request be approved subject to established policy. Carried Unanimously. No, 322 - John Prentice, Executive Director, Greater Niagara Big Brothors Association Inc. - Re: Proclamation. The communication asks Council to proclaim the month of September, 1989 as "Big Brother Month". ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the request be approved subject to established policy. Carried Unanimously. No, 323 - James Nulligun, Public Information Director, Niagara Falls Branch, The Arthritis Society - Re: Proclamation. The communication asks Council to proclaim the month of September, 1989 as "Arthritis Month". ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the request be approved subject to established policy. Carried Unanimously. No. 324 - Carol J. Sutton, APR, Netherlands Flowerbulb Information Centre - Re: Proclamation. The communication asks Council to proclaim the week of September 16th to 23rd, 1989, as "World Flower Bulb Week". ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the request be approved subject to established policy. Carried Unanimously. No. 325 - Institute of Political Action Pilgrims of Saint Michael - Re: Back of Canada· The communication requests support of a proposed resolution suggesting that the Federal Government put the Bank of Canada at the service of the various public bodies. - 4 - ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 326 - Nrso Julia Darnay, Executive Director, Social Planning Council of Niagara Falls - Re: Residential Rehabilitation Assistance Program. The communication provides information regarding the RRAP program and Unemployment InsuranCe changes. The Social Planning Council was commended on the excellent report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherats that the communication be received and filed. Carried Unanimously. No. 327 - Bonnie Polych, B.R°L.S.s Coordinators Heart Niagara - Re: Niagara Region Bike Tour, October 28, 1989. The communication provides informa- tion regarding the proposed bike tour and requests permission to hold the event. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the communication be referred to Staff for consideration. Carried Unanimously. No. 328 - Niagara Grape & Wine Festival - Re: 1989 Niagara Grape & Wine Festival Events. The communication attaches the subject information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the communication be received and the events approved. Carried Unanimously. No. 329 - Paul Martin, M.P., & Joe Fontann, M.P., Liberal Task Force on Housing- Re: National Housing Problems. The communication expresses concern regarding the housing situation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Social Planning Council and Municipal Non-Profit Housing Association for comments. Carried Unanimously. No. 330 - Beryl Gaffnny, M.P.s & Mac Harbs M.P., National Liberal Task Force nnNunicipal Infrastructure - Re: Meetings with Municipal Officials. The communication attaches a petition for circulation regarding the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be referred to the Nunicipal Works Committee. Carried Unanimously. REPORTS CD-89-59 - Chief Adsinistrative Officer - Re: Dock Street Unopened Road Allowance. The report recommends that the Dock Street unopened road allowance running south-easterly from Welland Avenue in the forme~ Village of Chippawa, be closed and conveyed to 800423 Ontario Limited for $15,960.00, which is the Opinion of Value; along with a fee of $250.00 for obtaining the Opinion, and the cost of obtaining the required reference plan. It is further recommended that the Deed to the property contain a covenant in respect to the setback required by the Canadian Niagara Power Company along the east boundary of the road allowance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. (I]-89-62 - Chief Adainistrative Officer - Re: Proposed Plan of Subdivision, Mount Carmel North; File No. 26T-89009. The report recommends that the Mount Carme1 North Subdivision be approved subject to the conditions enumerated in the report. Mr. Brian N. Sinclair, Solicitor, on behalf of the proponent, responded to questions raised regarding offsetting the cost of playground equipment. It was agreed that further discussions would be held with the developer and Staff regarding this matter. ORDERED on the motion of Alderman Orr, Seconded by Alderman Campbell, ~hat the report be received and adopted, Carried Unanimously. - 5 - S-89-12 - Chief Administrative Officer - Re: Closing of Walkway between Kuhn Crescent Easterly, being Block I, Plan M-59. The report recommends the following: 1) That the by-law appearing on this evening's agenda, to authorize an Application to a District Court Judge, for the closing of the City walkway shown as Parts 1, 2, 3 & 4 on the attached Reference Plan, registered as 59R-6349, be passed; 2) That Council also pass the Resolution appearing on tonight's agenda to authorize an application to the Minister of Municipal Affairs & Housing for approval of an Order to stop up and close the walkway. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 55. See By-law No. 89-215. 0-89-35 - Chief Administrative Officer - Re: Lot 15, Plan M-67, Falls Industrial Park Extension. The report recommends that Council approve of the resale of Lot 15s Plan M-67, presently owned by Rag Baker and Vernley Finley, to Walker Dlggon Investments Limited. Mr. William A. Amadio, Solicitor, was in attendance to respond to questions raised. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. 1) 2) 3) PD-89-122 - Envir~sental Planning & Greening Co-mittee - Re: Niagara Escarpment Plan, Amendment No. 52/89. The report recommends the following: That Council express support for the intent of the Niagara Escarpment Plan; That Council not support Amendment No. 52/89; That this report be submitted to the Regional Municipality of Niagara as the City's input to the Regton's coordinated response to the Niagara Escarpment Commission; and 4) That copies of this report be sent to the City of Thorold, Niagara Escarpment Commission, Ministry of Natural Resources and Walker Industries. ORDERED on that the report vote: the motion of Alderman Cheesman, seconded by Alderman Janvary, be received and adopted. The motion Carried with the following AYE: Aldermen Janvary, NAYE| Alderman Campbell, Cheesman, Cowan, Cummings, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. Harrington. PD-89-123 - Environsental Plamming & Grenning Connittee - Re: The Green Space Inventory for the City of Niagara Falls. The report recommends the following: I) That the Council accept the Green Space Inventory, as presented, as completion of project 1.2.d; and 2)'n'That consideration be given to developing a City-wide Greenlug Plan, based on this inventory, to the establishment of goals and objectives that ultimately lead to City policies to guide future gveening projects and activities. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimousl~. -6- PD-89-125 - Downto~nRevitalization SteerinM Comittee - Re: 1989-90 PRIDE Program Selection of Funding Option. The report recommends that Council approve the principle, Funding Option 2 as outlined in this report, comprising a total project cost of $886,000.00. During the discussion, the condition of weeds at the Firestone building on the corner Victoria Avenue and Queen Street were discussed and the matter was referred to Staff for action. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. PD-89-126 - Chief Administrative Officer - AM-42/86, D'Aprile (now Bongers), South Side Lundy's Lane. The report recommends that Council approve the by-law, authorizing an agreement, as well as the amending Zoning By-law for lands on the south side of Lundy's Lane, west of Beechwood Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 89-208, and By-law No. 89-209. PD-89-127 - Chief Administrative Officer - Re: Residential Development Review (January - June 1989). The report provides a six month review of the subject matter, and recommends that this report be received and filed for informational purposes. During the discussion, it was recommended that a copy of the report, and Council Agenda be forwarded to Mr. Milt Farrow who will address Council on September 18th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-89-62 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Expansion to the Scottish Inn, 5234 Ferry Street; South Side Ferry Street at Victoria Avenue. The report recommends that the Council approve the site plan(s) on display at tontght's meeting, being a proposed expansion to the Scottish Inn, and the site plan being drawing Number A-l, and filed mtth the Buildings & Inspections Department of the City of Niagara Falls on August 9th, 1989, and that such approval be subject to the conditions outlined in the report. ORDERED on the notion of Alderman Campbell, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. Following s brief discussion, it was moved by Alderman Ward, seconded by Alderman Janvary, that the Planning Department be directed to review the by-law on hotel parking, with input from the Visitor & Convention Bureau, and submit a report. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheeaman, Cowan, Harrington, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Aldermen Cummings and Puttick. B-89-64 - Loan Review ~e~ttee - Re: O.H.R.P. Loan 2625000830, Plan 40, Lot 236. The report recommends that Council approve the application for the Ontario Home Renewal Program, Loan No. 2625000830. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-89-65 - Chief Adainistrstive Officer - Re: Site Plan Approval - Proposed Hotel Development; N/W Corner Kitchener Street & Victoria Avenue; Zoning By-law Amendment A~-36/88, By-law 89-52. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Hotel Development, and the site plan being drawing Number one (1), and the grading and site services plan being drawing Number two (2) and filed with the Buildings & Inspections Department of the City of Niagara Falls on August 22, 1989, and that such approval be subject to the conditions contained in the report. Mr. V.F. Muratori Solicitor, represented Mr. G. Ungaro, Solicitor, on behalf of the propouch{, 7 -7- ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unaa B-89-66 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Office Building; E/S Dorchester Road, North Side C.N.R.; AM-41/88, By-law 89-12. 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 services plan being drawing Number one (1), and filed with the Buildings & Inspections Department of the City of Niagara Falls on August 9, 1989, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried UnanimousiT. B-89-67 - Chief Administrative Officer - Re: Proposed Press Box, Niagara Falls Arena. The report recommends that City Council authorize Staff to proceed with arrangements for the preparation of final plans and calling tenders for the construction of an additional Press Box at Niagara Falls Memorial Arena. ORDERED On the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. ]}-89-68 - Chief Ad~nistrative Officer - Re: Site Plan Approval - Proposed Addition to Scotsman Motel; 6179 Lundy's Lane. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a pro- posed motel addition, and the site plan being drawing Number A-l, and filed with the Buildings & Inspections Department of the City of Niagara Falls on August 24, 1989, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummingss Harrington, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. NAYE: Alderman Janvary. MW-89-159 - Chief Adainistrative Officer - Re: Request by Mr. Bill Walter, for Building Permit on Lot 139, Plan M-129, West Meadow Subdivision, Montrose Road. The report recommends that a building permit for the above lot be issued, subject to the following conditions: 1) 2) That the developer (Walco Developments) enter into an agreement with the City covering the required provisions of services for the above lot and the payment of the expansion and renewal fees; That the by-law authorizing the above agreement appearing on tontght's agenda, be approved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sherat, that the report be received and adopted. Carried UnanimousIT. See By-law No. 89-220. NM-89-163 - Chief Administrative Officer - Re: Balmoral Court Subdvision Engineering Agreement. The report recommends that the by-law appearing on tonight's agenda authorizing the execution of the Consulting Services Agreement with Deuco Engineering Ltd., in the amount of $12,000.00 for the engineering design of the Balmoral Court Subdivision, be approved. His Worship Mayor Smeaton advised that the report had been withdrawn from the Agenda. ~/-89-165 - Chief Administrative Officer - Re: Mount Carme1 North Subdivision Engineering Agreement. The report recommends that the by-law appearing on tonight's agenda, authorizing the execution of the Consulting Services Agreement with Delcan Corporation in the amount of $33,000,00 for the engineering design of the Mount Carmel North Subdivision, be approved, + -g- ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See.By-law No. 89-218. F-89-39 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,896,007.57, for the period ending August 28th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque Nos. 50604 and 50631 because he has a business relationship. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 50497, 50498, 50499, and 50620 because he is employed with the Company; and a conflict of interest on Cheque No. 50709 because he is an executive member of the Association. Additional information was provided on Cheque No. 50537. ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Aldermen Chessman and Hinsperger abstaining from the vote on Cheque Nos. 50604, 50631, 50497, 50498, 50499, 50620 and 50709 respectively, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 89-223. FD-89-04 - Chief Administrative Officer - Re: Fire Department Revision of User Fees. The report recommends that Council approve the revision of user fees applicable to Fire Department operations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. 0-89-34 - Chief Administrative Officer - Re: Refund of Sewage Service Charge for Properties not Connected to Sanitary Sewer System. The report recommends the following: 1) That Council authorize a refund to those property owners who were charged a sewage service charge and whose properties were not physically connected to sanitary sewage facilities, the said refunds not to exceed in total the amount of $25,000.00, and subject to those applicants eligible for a refund completing an acknowledgemerit and release; 2) That residents eligible for a refund be encouraged to have the refund applied as a credit toward property taxes. Alderman Campbell declared a conflict of interest because a member of his family is involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded; and with all others voting in fayour. {:9-89-60 - Chief Adsiuistrative Officer - Re: One Foot Reserves in the Ascot Woods Area, The report recommends that several one foot reserve strips in adjoining sections of the Ascot Woods plans of subdivision be lifted, and established by by-law, as extensions of the street complex in this area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 89-213. 9 CD-89-61 - Chief Administrative Officer - Re: Thanksgiving Day - Council Meeting. The report recommends that the Council meeting, which would normally be held on Mondays October 9, 1989, be cancelled and that the October Planning/ Regular meeting he held on Monday, 0ctober 16, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-89-64 - Chief Administrative Officer - Re: Reporting Procedures for 50/50 Draws. The report recommends that Council approve the attached policy of Reporting and Banking Procedures for 50/50 draws. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 55 - CUMMII~GS - CHEESMAN - RESOLVED that pursuant to section 145 of the Land Titles Act, R.S.O. 1980, the Minister of Hunicipal Affairs and Housing be requested to approve an Order being made to stop up and close the walkway running easterly from Kuhn Crescent, shown as Block I on Registered Plan rl-59 and designated as Parts 1, 2, 3 and 4 on Plan 59R-6349; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that the following by-law be now read a third time: No. 89-167 - A by-law to authorize the acquisition of land for industrial sites. (COUNCIL June 26, 1989). The motion Carried with Aldermen Cummings and Shetar abstaining from the vote on conflicts of interest because they are employed by a company involved; with Aldermen Orr and Puttick voting contrary; and with all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-208 - A by-law to amend By-law No. 79-200, as amended. (AM-42/86, D'Aprile, now Bongers- S/S Lundy's Lane). No, 89-209 - A by-law to authorize the execution of an agreement with Mary J.C. Bongers. No. 89-210 - A by-law to repeal By-law No. 89-161, being a by-law to prohibit certain uses of land in the TC (Tourist Commercial) Zone on the westerly side of the Niagara River Parkway. 89-211 - A by-law to authorize the execution of a software licence agreement. (Report PD-89-117, Aug. 14/89 Council Meeting). Moo 89-212 - A by-law to designate certain land not to be subject to part lot control. (Report PD-89-120, Aug. 14/89 Council Meeting). No, 89-213 - A by-law to establish certain one foot reserves as public highways. (Ascot Woods Area). No. 89-214 No, 89-215 No. 89-216 - A by-law to amend By-law No. 76-102, a by-law respecting the issue of licences. (Report CD-89-39, June 19/89 Council Meeting). - A by-law to authorize an application for the closing of a walkway running easterly from Kuhn Crescent in Rag. Plan M-59. - A by-law to authorize the execution of an agreement with Inducon Consultants of Canada Limited respecting a Phase II Study for the Montrose Business Park. 0 · o . 10 - 10 - 89-217 - A by-law to authorize the execution of an agreement with 464404 Ontario Limited for the payment of consulting engineering services respecting the proposed Mount Csrmel North Plan of Subdivision. No. 89-218 - A by-law to authorize the execution of an agreement with Delcan Corporation respecting engineering services for the Mount Carmel North Plan of Subdivision. No. 89-219 - A by-law to authorize the execution of an agreement with 502759 Ontario Limited for the Mingle Plan of Subdivision. No. 89-220 - A by-law to authorize the execution of an agreement with Walco Developments Limited for the payment of Municipal services and charges respecting Lot 139, Rag. Plan M-129 in the West Meadow Plan of Subdivision Stage II. No. B9-221 - Withdrawn. No. 89-222 - Withdrawn. No. 89-223 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on By-law No. 89~'2'f0, on conflicts of interest previously recorded under Report No. CD-89-57; with Aldermen Cummings and Sherat abstaining from the vote on By-law No. 89-216, on conflicts of interest because they are employed with a firm involved; with Alderman Orr voting contrary on By-law No. 89-216; with Aldermen Chessman and Hinsperger abstaining from the vote on By-law No. 89-223, on conflicts of interest previously recorded under Report No. F-89-39; and with all others voting in fayour. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-208 - A by-law to amend By-law No. 79-200, as amended.-(AM-42/86, D'Apriles now Bongers - S/S Lundy's Lane). No. 89-209 - A by-law to authorize the execution of an agreement with Mary J.C. Boagets. No. 89-210 - A by-law to repeal By-law No. 89-161, being a by-law to prohibit certain uses of land in the TC (Tourist Commercial) Zone on the westerly side of the Niagara River Parkway. No. 89-211 - A by-law to authorize the execution of a software license agreement. (Report PD-89-117s Aug. 14/89 Council Meeting). No, 89-212 - A by-law to designate certain land not to be subject to part lot control. (Report PD-89-120, Aug. 14/89 Council Meeting). No, 89-213 - A by-law to establish certain one foot reserves as public highways. (Ascot Woods Area). No. 89-214 - A by-law to amend By-law No. 76-102, a by-law respecting the issue of liceaces. (Report CD-89-39s June 19/89 Council Meeting). No, 89-215 - A by-law to authorize an application for the closing of.a walkway running easterly from Kuhn Crescent in Rag. Plan M-59. No. 89-216 - A by-law to authorize the execution of an agreement with Inducou Consultants of Canada Limited respecting.a Phase II Study for the Moatrose Business Park. No. 89-21F - A by-law to authorize the execution of an agreement with 464404 Ontario Limited for the payment of consulting engineering services respecting the proposed Mount Carme1 North Plan of Subdivision. 89-218 - A by-law to authorize the execution of an agreement with Delcan Corporation respecting engineering services for the Mount Carme1 North Plan of Subdivision, F - 11 - NO. 89-219 - A by-law to authorize the execution of an agreement with 502759 Octerie Limited for the Mingle Plan of Subdivision. No. 89-220 - A by-law to authorize the execution of an agreement with Walco Developments Limited for the payment of Municipal services and charges respecting Lot 139~ Rag. Plan M-129 in the West Meadow Plan of Subdivision Stage II. No. 89-221 - Withdrawn. 89-222 - Withdrawn. No. 89-223 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Ward abstaining from the vote on By-law No. g9-210, on conflicts of interest previously recorded; with Aldermen Cummings and Sherar abstaining from the vote on By-law No. 89-216 on conflicts of interest previously recorded; with Alderman Orr voting contrary on By-law No. 89-216; with Aldermen Chessman and Mfnsperger abstaining from the vote on By-law No. 89-223 on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF IN~RST: Dorchester Road Construction - Alderman Cummings asked that a letter of appreciation be forwarded from Mayor Smeaton's offices to John Pennachetti, for the installation of the cement barriers as a safety measure in the area of construction on Dorchester Road. Niagara Regional Zxhibition/Welland - Alderman Janvary advised that September 17th, 1989, was Niagara Falls Day at the Niagara Regional Exhibition and requested information with respect to volunteers for entertainment purposes. Terry Fox Rmm- Alderman Janvary reminded Council members that September 17th, 1989, was the date chosen for the Terry Fox Run this year. AgO Conference - Alderman Herrington reviewed information regarding items of concern and interest which'w~re considered at the recent/LM0 Conference held in Toronto. Ald%~man~Puttiek referred to activities held at the AM0 Conferences and expressed appreciation regarding the letter of invitation to the Ontario Arenas Association to hold the Ontario Arenas Conference for 1991 in the City of Niagara Falls. IT~S OF CON~x~M: VIA Rail Service - Alderman Chessman referred to information received in agenda envelopes regarding projected cuts in VIA Rail service in Canada~ and suggested that a review should be made of all information and an additional presentation be made to the Minister of Transport in defence of the City of Niagara Falls' position. Aldermen Janvary and Ward volunteered to participate. Placement of Air Conditioners - Alderman Cheesman referred to the location of home air conditions and to the St. Catharines* by-law which requires that these be located in the front or rear of homes, The Director of Buildings & Inspections suggested that his Department and the Planning Department could draft a by-law regarding this matter, - 12 - Ferry Street Hotel - 5745 Ferry Street - Alderman Janvary referred to a recent decision of the Committee of Adjustment regarding the expansion of the Ferry Street Hotel to 10 storeys, and asked that it be recorded that she was not in fayour of the expansion. EDA Board Delegates to Germany - A lengthy discussion was held regarding the upcoming trip to Germany of members of the Niagara Falls Economic Development Agency Board members. Alderman Ward explained the operation and responsibility of the EDA to Council members. Concern was expressed that minutes of the EDA Board meetings were not available to members of Council, and suggested that information regarding members should be forwarded directly to Council members. Ilia Worship Hayor Smeaton advised that the matter was being reviewed at the present time, and a report would be submitted for a decision regarding the future operation of the Agency. Alderman Cheesman responded to questions raised regarding confidentialtry of the EDA minutess political representation to Europe, volunteer members on the EDA Board, and commended the Director of Economic Development, Charles Chataway, on his work efforts. He stated that frequent reports regarding the EDA actions would be submitted in future. Asphalt Sidewalk - Queen Street near Buckley Avenue - Alderman Sherat expressed concern regarding the installation of asphalt on the sidewalk in the subject area. Alderman Orr advised that this was a temporary measure only, until sufficient funds were received. Provincial Housing Policy Statement - Alderman Harrington referred to the subject matter and reviewed proposed changes respecting the zoning by-law, expansion, land designation~ and monitoring of housing, ***** It was moved by Alderman Orr, seconded by Alderman Campbell~ that the meeting adjourn. Carried Unanimously. READ AND ADOPTED~ "m'P'V, . VW'~' THIRTY-SEVENTH MEETING PLANNING/REGULAR MEETING Council Chambers September 11, 1989 Council met on Monday, September llth, 1989, at 7:30 p.m. for the purpose of considering Planning Matters and regular business, All members of Council were present, with the exception of Alderman Cheesman. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES Alderman 3anvary asked that the minutes of August 14th, 1989 be amended to indicate that she had voted contrary Page 9, on the motion that the meeting adjourn to 5:00 p.m. Tuesday, August 15, ]989; Alderman Sherat seconded the motion. Alderman Campbell, who was absent on August 14th, 1989, declared a conflict of interest on Cheque No. 50233 because he has a business relationship; and a conflict of interest on Cheque No. 50471 because the organization is a client. Alderman Harrington requested that the minutes of the meeting held August 14th, 1989, Page 6, PD-89-119, be amended, and the motion should read as follows: "that the report be received and adopted, and the Interim Control By-law remain in place". Alderman Herrington asked that the minutes of the meeting held August 14th, 1989 be amended to indicate that she had voted contrary on Page 5, PD-89-118, Alderman Cummings requested that the minutes of the meeting held August 28th, 1989 Page 2, CD-89-57 be amended to indicate that he declared a conflict of interest because a member of his family is employed at Inn on the Parkway. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meetings held August 14th and 28th, 1989, be adopted as amended. Carried Unanimously. PRESENTATION NIAGARA FALLS TERRY FOX RUN - Ms. Elisabeth Teunis, Run Organizer for the Terry Fox Run, expressed aPPreciation to Council for support in the past, and requested support of this year's Run, to be held September 17th, 1989 at Oakes Park. She further expressed appreciation for the assistance of Aldermen Cummings and Sherat, as well as the Deputy Director of Parks & Recreation, and other citizens, and reviewed events planned for this event. REPORTS - PLANNING MATTERS PD-g9-133 - Chief Administrative Officer - Re: Zoning Amendment Application AM-18/89, Thorstone Properties Inc. (H. Mullet); 5900 Thorold Stone Road. The report recommends the following: 1) That Council not conclude the Public Hearing respecting Application AM-18/89 in order to allow full and proper consideration of all relevant information, including objections received and Public Meeting comments; 2) That, in view of conflicting market study information submitted both in support of ApplicationAM-18/89 and in objection to same, Council retain an independent market consultant to provide a third party arms's length assessment of the information received; 3) That the Public Hearing be reconvened once the results of an independent review of marketing information is completed and Staff recommendations are formulated for Council's consideration. - AND - Communication No. 331A - S.A. Branscombe, President, River Realty Development (1976) Inc. Re: Rezoning of the Old Bright's Canning Factory. The communication requests permission for Mr. Branscombe to address Council at the upcoming meeting; advises that Randy Grimes of I.B.I. Group, Toronto, has been employed to assist the Development Company, has prepared the necessary Marketing Study and Traffic Study, and wishes to address Council. - AND - Communication No. 331B - Randy M. Grimes, Director, IBI Group - Re: Retail Market Analysis, Bright's Industrial Complex - Proposed Commisso Food Terminal Rezoning Application. The communication includes the Market Analysis which argues that the Food Terminal application not be approved as it would seriously jeopardize the viability of the supermarket in the proposed Mount Carmel Center and the retail development proposed by River Realty in the northwest planning district. - AND - Communication No. 331C - Nancy Giles, May, Pirie & Associates Limited - Re: Land Use Planning Report - Rezoning Application by Thorstone Properties Inc. The communication advises that the firm has been employed by Lubrizol Canada Limited to review and comment upon the proposed subject rezoning; and advises that they have serious concerns regarding the conformity of the proposed rezoning of the Official Plan, and impacts on future viability and flexibility of the Lubrizol Canada Limited operations· as well as the Northeast Industrial Area. - AND - Communication No. 331D - Julia Krutecky - Re: Rezoning Application Am-18/89. The communication discusses concerns regarding traffic congestion, condition of street pavement, dust, inadequacy of driveway for transports, truck engines running during the night, non-enforcement of "no standing" sign, rare occurrence of street cleaning, inadequacy of curbing, profanity, sagging sewers, and toxic fumes and wastes, and opposes the subject application in terms of rodents, traffic congestion, profane language and increased taxes.~ At the request of His Worship Mayor Smeaton, the Clerk reviewed a handout communication from Mr. V.F. Muratori, Solicitor, of Sullivan, Mahoney, requesting an adjournment of this Public Meeting, as recommended in Report No. PD-89-133. The communication explains the reason for the requested adjournment in terms of a disparity in population figures provided by the City for a market study prepared by the consultant for the applicant, the figures submitted to the IBI Group representing River Realty Development (1976) Inc. Alderman Hopkins declared a conflict of interest because his employer has a business relationship with the intended use. Alderman Ward declared a conflict of interest because he is a party to the application. Mr. Muratori was in attendance to respond to questions raised. Following a discussion regarding the request, it was moved by Alderman Cunu~,ings, seconded by Alderman Hinsperger, that this matter be withdrawn from 3 the agenda, and deferred to a future meeting of Council at the applicant's request. The motion Carried with Aldermen Hopkins abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. PD-89-131 - Chief Administrative Officer - Re: ~M-17/89 - 774345 Ontario Inc., & Saverio Investments (Niagara) Inc.; Part of Twp. Lot 114, Balmoral Court Draft Plan of Subdivision. The report recommends the following: 11 That Council support the requested Zoning By-law amendment to implement the Balmoral Court Draft Plan of Subdivision, with the exception that Lots 1 through 4 and 11 through 14 be zoned for Residential Single Family 1E Density (R1E) Zone instead of the Residential Single and Family Two-family (R2) Zone; 2) 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 to be followed would be under the Planning Act, 1983. The Clerk stated that the Notices of the Public Meeting had been forwarded on August 11, 1989; that the property was located on the north side of Belle~pae Street, west of Valley Way; and further, that the applicant was requesting an amendment to the Zoning By-law in order to satisfy a condition attached to draft plan approval of the Balmoral Court Subdivision and regulate development on the proposed lots. His Worship Mayor Smearon reviewed the procedure; and received a negative 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 interested in 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-89-124: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments From the Public Notification Process; and Planning Review. He responded to questions raised with respect to road extensions. The Director of Municipal Works replied to questions raised regarding the sewer system. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherar and Ward. NAYE: Alderman Harrington. PD-89-132 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 2/89, T,G. Bright & Co. Limited; T.G. Bright Business Park, Morrison Street. The report recommends the following; 1) 2) That Council support the requested Zoning By-law amendment permitting the lands to be developed for industrial and business purposes, including some ancillary retail and wholesale showrooms and incidental commercial uses; That matters respecting the proposed siting of buildings and exterior construction materials. points of access, parking, lighting, screening, landscaping, storage and the placement of garbage disposal facilities be addressed through Site Plan Control; 3) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 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 would be similar to the previous application. The Clerk stated that the Notices of the Public Meeting had been forwarded August 11th, 1989; and further, that the application was requesting the amendment to the Zoning By-law to permit the development of a business park. He advised that the property was located on the south side of Morrison Street, west of Dorchester Road and east of the Queen Elizabeth Way. Aldermen Cummings and Sherar declared conflicts of interest because they are employed by a firm located near the subject area. His Worship Mayor Smeaton indicated that the agent for the applicant was in attendance; and received a negative 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-89-128: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments on the Public Notification Process; Planning Review; and Site Plan Control. He responded to questions raised regarding land uses. Mr. Rick Brady, Proctor & Redfern, addressed Council on behalf of the applicant, and suggested that the application places the City of Niagara Falls in the same category as other Municipalities in the Region with prestige industrial developments. He stated that the commercial uses were restricted regarding area and size. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meetin~ closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherar abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Harrington, Hinsperger, Hopkins, Janvary, Orr and Ward. ~ NAYE: Alderman Puttick. PD-89-130 - Chief Administrative Officer - Re: Zonin~ Amendment Application AM-2/84, 687876 Ontario Limited; Part 2 & Parts 1 & 4, Plan 59R-4097; South Side of McLeod Road & West Side of Marineland Parkway. The report recommends the following: 1) That Council support the repeal of By-law 84-89, which permitted the consideration of a high-rise and recreation complex; That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting. The Clerk explained that the property was located on the south side of Marineland Parkway, east of Alex Avenue; and that the purpose Qf-the application was to repeal By-law No. 84-89. His Worship Mayor 8meaton 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 from interested persons present. 5 The Director of Planning & Development explained the background information contained in the report and the Planning Review. His Worship Mayor Smeaton received a negative respouse to his request for further comments. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the report be received and adopted, Carried Unanimously. DEPUTATION Consent Application B-295/89 to B-299/89 Incl., Ruth Taylor; Willick and Oft Roads: Communication No. 332 - Brian Sinclair, Solicitor - Re: Consent Application B- 295/89 to B-299/89 inclusive, Ruth Taylor: Willick & Oft Roads. The communication encloses a copy of a plan of the subject property, Parts I - 6 inclusive, and requests the approval of Couoci] for the severance application to the Land Division Committee. Mr. Sinclair explained the historical background data respectin~ this matter and asked Council to support the request. In response to questions raised, the City Solicitor advised that Council does not have authority to waive the Official Plan, that this was not an expectation of Mr. Sinclair, and that Mr. Sinclair intended to bring an application for the amendment to the Official Plan, Following a discussion, it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved in principle. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Orr, Puttick, Sherar and Ward. NAYE: Aldermen Harrington, Hopkins and Janvary. COM~NICATIONS No. 333 - Regional Councillor Peter Sobol - Re: Disposal of Syringes. The communication suggests that the collection of syringes be advertised in any Household Collection Program of Toxic Waste, and that a by-law be enacted requiring pharmacists and physicians to provide information to customers regarding disposal of potentially infectious or toxic waste. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 334 - The Royal Canadian Legion (Branch 51) - Re: Annual Visit by Veteraus of Sunnybrook Hospital - October 15th, 1989. TIle 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. 335 - John Iamarino, The Community of Colle Sannita - Re: 50th Anniversary of The Holy Crowning of Maria S.S. Della Libera. The communication requests permission to hold a fireworks display November 18th, 1989 to commemorate the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the request be approved subject to other regulations. Carried Unanimously. No. 336 - The Regional Municipality of Hamilton-Wentworth - Re: Canadian Centre for Occupational Health & Safety. The communication asks Council to endorse a resolution urging unions, employers and concerned citizens to save the subject Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously, No. 337 - George R. McCague, M.P.P., Simcoe West - Re: Bill 106 - An Act to Amend the Municipal Elections Act & The Municipal Act. The communication advises that Bill 106 has been tabled to review legislation and resolve difficulties in the '88 elections. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan. Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Alderman Puttick. No. 338 - Terrence H. White, Ph.D., President, Brock University - Re: 25th Anniversary - Proclamation. The communication asks Council to proclaim the week of October 16th to 22nd, 1989, as "Brock University Week", and invites participation in the events, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 339 - Freda J. Sinnige, Secretary-Treasurer, The Royal Canadian Legion, Branch 51 - Re: Proclamation. The communication asks Council to proclaim the week of September 17th to 23rd, 1989, as "Legion Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 340 - Man-A-Mile Conmittee - Re: Man-A-Mile Relay Race - October 9, 1989. The communication requests the use of Municipal roads for the event, and requests the participation of Mayor Smeaton. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the requests be approved. Carried Unanimously. No. 341 - Gladys Currie, Assistant Manager, Maple Leaf Village Re: "Octoberfest" - September 22rid 24th, 1989, Shaboom Restaurant. The communication requests a Special Occasion Permit for the event. Alderman Hopkins declared a conflict of interest because a member of his family is employed at Maple Leaf Village. 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 "Octoberfest" weekend event to be held on September 22, 23, and 24, 1989, subject to the approval of the Regional Police Department, the Niagara Palls Fire Department, the Regional Health Services Department, and the Liquor Licensing Board of Ontario. 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. 342 - Alderman Margaret Harrington - Re: Report on AMO Convention - (August 20-23, 1989). The communication provides information regarding highlights at the recent AM0 Convention. Alderman Harrington reviewed the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 343 - Fermino Susin, President, C & S Construction Co. - Re: Transformer Vault. The communication requests permission to locate a transformer vault on the City boulevard at 5920 Don Murie Street. Mr. Susin was in attendance to respond to questions raised. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the request be granted in principle, subject to the approval of other agencies. Carried Unanimously. REPORTS MW-89-163 Chief Administrative Officer - Re: Balmoral Court Subdivision Engineering Agreement. The report recommends that the by-law appearing on tonight's agcnda authorizing the execution of the Consulting Services Agreement with Denco Engineering Ltd., in the amount of $12,O00.00, for the engineering design of the Balmoral Court Subdivision, be approved. ORDERED on the motion of Aldermau Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously See By-law No. 89-221, and By-law No, 89-222. MW-89-170 - Chief Administrative Officer - Re: Contract R.M. 22-89, 1989 Tender for Crack Sealing. The report recommends that the unit prices submitted by Niagara Crack Sealing be accepted for the above contract. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 56. See By-law No. 89-225. MW-89-173 - Chief Administrative Officer - Re: Contract R.C. 21-89 - Base Road & Sidewalk Construction in the Charnwood Subdivision Blocks "B" and "C". The report recommends that the unit prices sobmjttcd by the low tendeter, Stephens & Rankin Inc., be accepted and this contract be awarded. ORDERED on the motion of Alderman 3anvary, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 89-226. MW-89-174 - Municipal Works Committee - Re: Mr. Abbruscato and Mr. DeAngelis - Driveway Entrance at 6829 Devon Drive. The report recommends the following: l) That this report be received and filed; and 2) That Staff be more cognizant of the Driveway Location Policy during the development process, particularly at the Draft Plan of Subdivision and Building Permit Stages. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-89-175 - Municipal Works Committee - Re: Committee Reports: 1) MW-89-164 - City Contract R.C. 5-89 - Palmer Avenue - Reconstruction Status Report as of August 21, 1989 - It is recommended that the following construction status report regarding R.C. 5-89, be received for information. 2) MW-89-166 - Replacement of Backhoe #202 - It is recommended that authorization be granted to obtain quotations for a replacement backhoe. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously,. MW-89-176 - Mountain Road Landfill Public Liaison Committee - Re: Committee Report: Terms of Reference. The report recommends that the attached Terms of Reference for the Mountain Road Landfill Site Committee be approved by Council. 8 Alderman Ward requested that the report be amended to indicate that Alderman Bruce Cowan was Chairman of this Committee. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that the amended report be received and adopted. Carried Unanimously, MW-89-179 - Chief Administrative Officer - Re: Sodium Chloride Tender. The report recommends that the tendered price for sodium chloride, at a cost of $33.48 from Akzo Salt Products Ltd. be accepted for the 1989-1990 winter season. ' ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: .AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hinsperger, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman Hopkins. MW-89-181 - Municipal Works Connnittee - Re: Committee Report: Composting Pilot Project. The report recommends that City Council approve the expenditure of $25,000.00 for a Composting Pilot Project as outlined in the report. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-89-69 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for August 1989. The report provides information regarding Permits Issued and Highlights for August 1989, as well as September Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-70 - Chief Administrative Officer - Re: Chippawa O.N.I.P. - Chippawa Bandshell. The report recommends that City Council approve renovations to the Chippawa Bandshell at Cummington Square Park and that the work be carried out by E.H.A. Sorensen Management Inc. at a cost of $35,195.00. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-89-40 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $7,694,234.10 for the period ending September 11, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 50784 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 50929, 50930, 51085 and 51086 because he is a shareholder of the company. Alderman Hopkins declared a conflict of interest on Cheque Nos. 50970 and 51123 because he is employed by the firm. Alderman Ward declared a conflict of interest on Cheque No. 50926 because his wife is owner of the company. Additional information was provided on Cheque Nos. 50936, 51022, 51063, 51122, 51176 and 51191; an update report was requested on Cheque No. 50787; and Cheque Nos. 50974 and 50977 were referred to Staff for a report. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Campbell, Hinsperger, Hopkins and Ward abstaining from'the vote on Cheque Nos. 50784, 50929, 50930, 51085, 51086, 50970, 51123, and 50926 respectively, on conflicts of interest previously recorded; with Alderman Puttick voting contrary on Cheque No. 50786; and with all others voting in fayour. See By-law No. 89-227. CD-89-63 - Chief Administrative Officer - Re: Cancellation and Refund of Taxes, Section 496(a) Municipal Act (Merryweather). The report recommends that a rcfuud of taxes, amounting to $26.45 for 1987 and $28.14 for 1988, be made to Mr. & Mrs. John Merryweather, of 6491 Russell Street, N~agara Falls, Ontario. ORDERED on the motion of Alderman Cummings, seconded by Aldcrmau Rinsperger, that the report be received and adopted. Carried Unanimously. CD-89-66 - Chief Administrative Officer - Re: Rail Crossing, Regional Road 51 (Lundy's Lane), Mileage 26.37 Stamford Sobdivision, CN Rail. The report recommends that the City of Niagara Falls not petition the National TFansportation Agency for an Anti-Whistling By-law for the rail crossing of Niagara Regional Road 51 (Lundy's Lane), mileage 26.37, Stamford Subdivision, CN Rail. His Worship Mayor Smeaton advised that the complainant reqoested that this matter be withdrawn from the agenda, and deferred to a future meeting. RESOLUTIONS No. 56 - CUMMINGS - IIINSPERGER - RESOLVED that the unit prices submitted bv Niagara Crack Sealing for Contract R.M. 22-89, 1989 Tender for Crack Scaling, at the low tendered araount of $16,800.00, be accepted. Carried Unanimouslyz No. 57 - SIIERAR - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late William Joseph Heximcr, Past-President of the Chamber of Commerce, and a highly respected and well kuown citizen of Niagara Falls. BY-LAWS Carried Unanimously. ORDERED on be granted time: 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 No. 89-221 - A by-law to authorize the execution of an agreement with Denco Engineering Ltd. respecting engineering services for the Balmoral Court Plan of Subdivision. No. 89-222 - A by-law to authorize the execution of an agreement with 774345 Ontario Inc. and Saverio Investments (Niagara) Inc. for payment of consulting engineering services respecting the proposed Balmoral Court Plan of Subdivision. No. 89-224 - A by-law to authorize the sale of Lot 127 according to Plan 226 for the former Township of Stamford to George Dancue. No. 89-225 - A by-law to authorize the execution of an agreement with M. Davies, carrying on business as Niagara Crack Sealing for crack sealing on various road surfaces in the City of Niagara Falls. No. 89-226 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for base road and sidewalk construction in Charnwood Subdivision, Blocks "B" and "C". No. 89-227 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Hinsperger, Ropkins and Ward abstaining from the vote on By-law No. 89-227, on conflicts of interest Previously recorded under Report No. F-89-40; with Alderman Puttick voting contrary on By-law No. 89-227 as previously recorded under Report No. F-89-40; 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: .... 10 10 No. 89-221 - A by-law to authorize the execution of an agreement with Denco Engineering Ltd. respecting engineering services for the Balmoral Court Plan of Subdivision. No. 89-222 - A by-law to authorize the execution of an agreement with 774345 Ontario Inc. and Saverio Investments (N~agara) Inc. for payment of consulting engineering services respecting the proposed Balmoral Court Plan of Subdivision. No. 89-224 - A by-law to authorize the sale of Lot 127 according to Plan 226 for the former Township of Stamford to George Dancuo. No. 89-225 - A by-law to authorize the execution of an agreement with M. Davies, carrying on business as Niagara Crack Sealing for crack sealing on various road surfaces in the City of Niagara Falls. No. 89-226 - A by-law to authorize the execution of an agreement with Stepheus and Rankin Inc. for base road and sidewalk construction in Charnwood Subdivision, Blocks "B" and "C". No. 89-227 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Hinsperger. Hopkins and Ward abstaining from the vote on By-law No. 89-227 on conflicts of interest previously recorded; with Alderman Puttick voting contrary on By-law No. 89-227 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: C.C.E. Meeting - September 20th, 1989, Library, Chippawa - ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the handout communication regarding the subject matter be received and filed. Carried Unanimously. Dangerous Intersection/Thorold Stone Road & St. James Avenue - Alderman Cummings initiated a discussion regarding the subject intersection being a safety hazard to school children in the area, and requested that the matter be referred to Staff for action on an urgent basis. He further requested that Superintendent Moody be contacted on September 12th, 1989, in order to explain the situation, and to request police support. New Zoning Regulations - As requested by Alderman Hopkins, the Director of Planning & Development provided a status update on the subject matter. Industrial Park & South End Pollution Plant - Alderman Puttick discussed a number of concerns with respect to the aforementioned and requested that a Special Meeting be held. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that a Special bieeting of Council be held on September 25th, 1989, with Senior Staff; Charles Chataway, Director of E.D.A.; Con Eldt, Director of Engineering, Regional Municipality of Niagara; Mayor R.A. Konkle; Regional Councillor Brian Merrett; as well as Developers and all interested persons in attendance. Carried Unanimously. ITENS OF INTEREST: September 17th, 1989 - Alderman Janvary reminded members of Council that following the Terry Fox Run on September 17th, 1989, it is the responsibility of Niagara Falls to provide an entertainment program at the Niagara Regional Exhibition, in the Heritage Building, Welland. She invited all Council members to participate. 0 0 o ll 11 ***** It was moved by Aldemnan Cummings, seconded by Alderman 0rr, that meeting adjourn. Carried Unanimously. the READ AND ADOPTED, / THIRTY-EIGHTH MEEFING REGULAP, MEETING Council Chambers September 18, 1989 Council met on Monday, September ]gth, 1989, at 7:30 p.m., fox' the potpose of considering regular business. All members of Council. with the exception of Alderman Hopkins who was on vacation, were present. Itis Wnrship Mayor Smeaton presided as Chairman. Alderman Ward offered the Opening Prayer. ADOPTION OF MINUTES Alderman Ward asked that the minutes of Septembe~ llth. 1989 be amended to indicate that he had declared a conflict of interest under Report No. F-89- 40, Cheque No. 50926 because his wife was owner of the company. Alderman Puttick referred to an excerpt from the January 2, 1979 Council minutes which dealt ~ith a subscription to the Globe & blail, discussed his reference to this item at the meeting held September llth, 1989, and expressed satisfaction with the explanation he had received coocoming the matter. ORDERED on the motion of Alderman Orr, seconded by Alderman Iliusperger, that the minutes of the meeting held September llth, 1989, be adopted as amended. Carried Unanimously. PRESENTATION "DRIVE TO SURVIVE PROGRAM": Connnunication No. 344 - Douglas A. Mitchell, Manager, Sponsored Program, Texaco Canada Inc. - Re: Drive to Survive Program - attaching 14 minute video wbicb is to reduce traffic deaths and injuries in Canada by one third via enhanced awareness and professional driver education. The Video was presented in the Council Chambers. DEPUTATIONS TREE ON CITY PROPERTY: Mrs. Shirley Ede addressed Council on behalf of her mother, Mrs. Joan Moody, 6400 Murray Street, and discussed the following concerns regarding the damage to sewers, roof shingles, sidewalk and driveway, and cars, as well as a car accident because of reduced visibility. She asked that the tree be removed. Following a lengthy discussion regarding possible resoltmtions to the problem, it was moved by Alderman Cummings, secoaded by Aldenrtan Cowan, that the matter be tabled for one week and referred to Staff for further investigation and a report. Carried Unanimously. SEWER- 6111 CARLTON AVENUE: Communication No. 345 - Carlo Montemurro - Re: Replacement of Sewer Pipe - the communication relates actions taken to replace a sewer pipe at 6111 Carlton Avenue, by a City employee on off hours, and discusses concerns regarding the necessity for the replacement and workmanship. Mr. Montemurro addressed Council on behalf of his daughter, Mrs. Emmy Baxter, explained actions taken to date, and his inability to resolve his concerns through City Staff. Mr. Tassone discussed actions taken by City Staff, and stated that he had not received any compensation for the work done by the other City employee on his own time, as suggested previously by Mr. Montemurro. The Chief Administrative Officer suggested that whatever arrangement had been agreed upon between the two parties should be addressed by the individuals concerned because the work was not done on City time. He further advised that ,I 2 the practice of a City employee recommending a certain individual or firm to provide a service had traditionally been dealt with by not making such a recommendation. He suggested changes to the rules and regulations to cover this contingency, to be discussed with C.U.P.E. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. It was further recorf~aended that the suggested changes in the regulations be referred to the Chief Administrative Office for negotiation with C.U·P·E. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cuimnings, ltarrington, Hinsperger, Janvary, Orr, Sherar and Ward. NAYE: Alderman Puttick. UNFINISHED BUSINESS CD-89-66, RAIL CROSSING, REGIONAL ROAD 51 (LUNDY~S lANE): Report No. CD-89-66 - Chief Administrative Officer - Re: Rail Crossing, Regional Road 51 (Lundy's Lane), Mileage 26.37 Stamford Subdivision, CN Rail. (COUNCIL 1989 09 I1). The report recommends that the City of Niagara Falls not petition the National Transportation Agency for an Anti-Whistling By-law for the rail crossing of Niagara Regional Road 51 (Lundy's Lane) mileage 26°37 Stamford Subdivision, CN Rail. Alderman Ward declared a conflict of interest because he is the owner of property adjacent to the railway in the subject area. The proponents, Peter and Diane Van Kleef, 9387 Lundy's Lane, discussed the existing safety features at the subject crossing, the disturbance to visitors in the campground owned by the proponents and caused by the train whistle at the crossing, the contents of By-law No· 7535, being the noise by-law for the City of Niagara Falls, stated that the campground was within the City, and asked that the National Transportation Agency be petitioned for an anti-whistling by-law at this crossing. It was moved by Alderman Campbell, seconded by Alderman Sherar, that the National Transportation Agency be petitioned for consideration of an anti- whistling by-law as requested. The motion was Defeated with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Herrington and Sherar. NAYE: Aldermen Cheesman, Cowan, Cummings, Hinsperger, Janvary, Orr and Puttick. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cheesman, Cowan, Cummings, Hinsperger, Janvary, Orr and Puttick. NAYE: Aldel~en Campbell, Harrington and Sherar. COMMUNICATIONS No. 346 - Regional Niagara - Re: Second Quarter 1989 Building Permit Activities. The communication attaches Report DF89-115. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the communication be received and filed. Carried Unanimously. No. 347 - Regional Niagara Public Works Department - Re: Rural Lighting at Intersections· The communication attaches Report DEe-2966 and advises that a recommendation was approved to continue with the present policy of street lighting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 348 - Regional Niagara Planning & Development Department - Re: 1988 Yeal- end Summary of Regional Subdivision Applicatious. The communicatinn eucloscd Summary DPD 2539, outliniog sobd3, vision activities ill the Niagara Region. ORDERED oo the motion of Aldt~rn:an Cheesman, secouded by Aldermoo Cummings. that the communication be received aud filed. Carried Uuanjmouslv. No. 349 - Aideman Norman Puttick ~ Re: Fjuaoce Department Ceiling. The communication provides informatioo regarding the repIacemeot of the ceiling in the Finance Dcpartmeut. ORDERED on the motiou of Alderman Jaovarv, secoodcd by Alderman Sherat, that the matter be referred to the Building Depa~ tn~eut and the 1990 Budget. Carried Unauimously. REPORTS B-89-72 - (REVISED - IIANDODT) ~ Chief Administrative Officer - Re: Site Plan Approval - Proposed 72 lltlit Noo-Profit .Multi-Family Boosing Development; N/S btcLeod Road, West of btootrose Road; AM~28/88, By-law No. 89-90. The leport recommends that the Council approve the site plao(s) on display at touight's meeting, being a ploposed Multl~Iran~ilv Housisg Development. aud tile site plan being drawing Numbel- 1, mechanical plau being drawlog Number M1, layout and gradiog plans being drawing Numbers L2, [,/~. [6 sod detail plao being drawiug Number L7 and filed with tbc Buildings & Iospectious Departmen[ off the City of Niagara Fails on September 14th. 1989, sod that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Orr, seconded by Aldermall Rinsperger, that the revised report be received and adopted. Carried Uuauimouslv. B-89-71 - Chief Administrative Officer - Re: Areua Press Box. The report recommends that the City Council accept the quotation from 14alkcr DigSon Construction Limited of Niagara Falls, in 1he amount of 936,900.00, for the construction of the ue~c Press Box for the Miagara Palls Arena. During a brief discussion, the Director of Buildings & Inspections explained that he had anticipated receiviug a FAX letter from Rick Gay, owner of the Thunder Junior "A" Hockey Team, regardlog the $20,000.00 cost-shXring by the Team. He agreed to post the plans for the construction on the Board durio~ the next meeting of City Council. ORDERED on the motioo of Alderman Cummings, secooded by Alderman Campbell, that the report be received and adopted subject to receipt Gf tile communication from Mr. Rick Gay. Carried Unauimouslv, 1t14-89-182 - Municipal Works Committee - Re: Committee Reports. The report recommends the following: 1) MW-89-172, Petition for Installation of Sewers & Road Improvements on Second Avenue and tluron Street - It is recommended that storm sewers not be cousidcred at this time and that that these streets be considered in the Asphalt Overlay Program in the next few years; MW-89-171, Sidewalk Reinstatement on Queen Street - It is recommended that the information contained in this re~ort be received and filed· ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Uuanimously. MW-89-184 - Chief Administrative Officer - Re: Contract W.I. 20-89 - Watermain Installation on Montrosc Road from Watson St. to Industrial St. & on Kinsmen Court from Montrose Rd. to the South Limit· The report recommends the following: 1) That the unit prices submitted by the low tenderel DeRose Bros. Contracting Limited, be accepted and this contract be awarded; 2) That the finances required for this contract be approved as reconm:ended in this report· - 4 - ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-89-186 - M~nicipal Parking Committee - Re: Committee Report: Overnight Parking By-law. The report recommends that the by-law, restricting overnight parking between the hours of 2:00 a.m. and 6:00 a.m., remain in effect. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-89-41 - Chief Administrative Officer - Re Municipal Accounts. The report recommends that the accounts totalling $13,315,209.57 for the period ending September 18th, 1989, be approved by the passing of the by-law appearing later on the agcnda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 51224 and 51225 because his son is employed by the company. Additional information was provided on Cheque Nos. 51210 and 51245. ORDERED on the motion of Alderman Cummings, seconded by Aldel~an Cowan, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 51224 and 51225 on a couflict of interest previously recorded; and with all others voting in favour. See By-law No. 89-233. CD-89-65 - Chief Administrative Officer - Re: Cancellation and Refund of Taxes, Section 496(a), Municipal Act (Barter). The report recommends that a refund of taxes, amounting to $52.89 for 1987 aad $56.27 for 1988, be made to Deborah Lynn Barter nf 5972 Theresa Street, Niagara Falls, Ontario. 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 Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-228 - A by-law to amend By-law No. 79-200, as amended. (AM-14/89 Aiello Holdings Limited; Approved by Council June 12/89). No. 89-229 - 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-14/89 Aeillo Holdings Limited). No. 89-230 - A by-law to authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. for watermain installations on Montrose Road from Watson Street to Industrial Street and on Kinsmen Court from Montrose Road to South Limit. No. 89-231 - A by-law to amend By-law No. 83-149, being a by-law to appoint municipal law enforcement officers. No. 89-232 - A by-law to amend By-law No. 79-200, as amended. (Repeal By-law 84- 89)° 89-233 - A by-law to provide monies for general purposes. The motion Carric~ with Alderman Hinsperger abstaining from the vote on By-law No. 89-233 on a conflict of interest previously recorded under Report No. 89- 41; and with all others voting in favour. ORDERED on the motion of Alderman Cum:njngs. seconded by Aldermac Janvary, that the following by-laws be now read a secoud and third time: No. 89-228 - A by-law to amend By-law No. 79-200, as amended. No. 89-229 - A by-law to amend By-law No. S5-23q respecting the classes of development that Irtav be undertakco in site plan colltrol areas without the approval of plans and dl"awings otherwise reqoired under subsectiou 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 89-230 - A bv-law to autholize the execution of all agleement with DARose gros. Genera] Coiltract]fig [ld. fol wat. crmah~ jnslallations on Moatrose Road from Watson Stleet to Iadnstrial Street alld on KillS:nell Court frOlL Montrosp Road to South iAmlt. No. 89-231 - A bv-law to amend By-law No. S~-1h9, being a by-law to appoint municipal law cnforccmeot officers. No. 89-232 - A by-law to amend By-law No. 79-200, as araended. No. 89-233 - A by-law to provide monies for geueral purposes. The motioa Carried with Alderman Hinspcrge~ abstaining flom the vote oil By-law No. 89-233, on a conflict of interest previously lecorded; and with all others voting in favour. NEW BUSINESS ITEMS OF INTEREST: Dorchester Road Construction - Alderman Cummings expressed satisfactionwith the constructioawork ou Dorchester Road. Terry Fox Run - Alderman Cu~nings referred to the success of the Terry Fox Run ill Niagara Falls on September 17th, 1989. Replacement for City Clerk/Committee - Alderman Cummings advised that he would be uoable to attend the scheduled meet.lugs to interview a replacement for the City Clerk, and suggested that Alderman Hinsperger act as his alternate. Alderman Hinspcrgcr volunteered to parti, c~pate. On -,tke ~onnnj~ttee. Meeting with Milt Farrow - Alderman Itarrington expressed appreciation to Aldermen who had attended the meeting, held earlier today, ~ith Mr. Milt Farrow from the Ministry of tlousing. Social Planning Council - Alderman Harrington referred to the recently held Annual Planning Meeting of tbe Social Planning Conncil and discussed "Affordable Housing Week" during the week of October 2nd, 1989, and events scheduled. Regional Meeting/Niagara's Future [,and Needs & Direction of Growth - Alderman Harrington referred to the Handout communication from Regional Niagara providing information regarding a special meeting of the Planning & Development Committee scheduled for September 20th, 1989. Niagara Parks Commission Annual Report '88 - Alderman Campbell discussed receipt of the Niagara Parks Commission Annual Report for 1988 and advised that it was available for Council members. -6- Regional Niagara Exhibition/Welland - Alderman Janvary discussed the success of the entertainment provided by Niagara Falls Groups at the Regioual Exhibition held on September 17th, 1989 at Welland. She referred to the Starlight Dance Group, the Rainbow Squares and Wendy Laird's Kids Chorus. Alderman Janvary advised that a Certificate of recognition had been received from the Honourable Vince Kerrio, MPP. ltis Worship Mayor Smeaton expressed appreciation to Alderman Janvary for her efforts to make the Niagara Falls Day at the Regional Exhibition on behalf of the City. ITEMS OF CONCERN: Intersection/Q.E.W & Dorchester Road - Alderman Harrington discussed a letter which had been received from the Minister of Transportation containing information that there would be a review of the conditions at the subject intersection, and that a letter was anticipated from the Ministry in the near future in this regard. Downtown Board of Management - Alderman Herrington referred to the receipt of minutes from the D.B.M, and requested that the agency be apprised of Council's concerns regarding the lack of businesses in the downtown area. Auto Wrecking Yards - Alderman Harrington referred to a letter received from Ruth Greet, Critic for the Environment, Queen's Park, expressing concern regarding Municipal standards for Auto Wrecking Yards, and asking that the Municipality contact the Ministry of the Environment to set standards for derelict vehicles. ORDERED on the motion of Alderman Harrington, seconded by Alderman Puttick, that the matter be referred to Staff for a report. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Cu~nings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, C E.C. WAGG, DEPUTY / WiLLiAM"~./S~T~6N THIR%~-NINTH MEETING Council Chambers September 25, 1989. Council met on Monday, September 25th, 1989, at 7:30 p.m., for the purpose of a Special Meeting and considering rsgular business. All members of Council 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 Cummings that the minutes of the meeting held September 18, 1989. be adopted as printed. Carried Unanimously. SPECIAL MEETING PROPOSED CHINESE DEVELOPMENT & BUSINESS PARK: C~mmu~ication No. 350A - (MANDOIT) - Mr. Frank A. Branscombe. River Realty Development (1976) Inc. - Re: Council Meeting. The communication advises that the "Chinese Purchase" amounted to $474,050.00, and provides further information regarding this transaction. Communication No. 350B - (BAI~N3IT) - Robert C. O'Dell. Director of Planning, Miller O eDell Plannlng Associntes - Re: Special Council Meeting. The communication expresses appreciation regarding the invitation to attend the meeting and regrets that representatives of the organization will be unable to attend. Communication No. 350C - (ltANDOUT) - Randy M. Grimes, Director, IBI Group - Re: Proposed Commisso Food Termlns]. Rezoning Application. The communication provides detail information with respect to action taken regarding the subject matter, and responds to questions raised. -AND- Commuaieation No. 350D - (HANDOUT) - Regional Niagara Public Works Department - Re: Location of Second Water Pollution Control Plant in the City of Niagara Falls; Overflows - Solid Waste. The communication provides historical background data with respect to the subject matter; refers to funding in the 1990-95 Capital Budget for a retention facility and property at the McLeod Road Pumping Station; discusses the formation of a North/East Solid Waste Club, the need for a solid waste disposal area, and expresses the hope that all Municipalities will cooperate in this respect. Mr. Nick Basciano, Mountainview Homes; Mr. Con Eidt. Director of Engineering, Regional Municipality of Niagara; Regional Councillor Brian Merrett; Mr. Chuck Chatsway, Director, Economic Development Agency; and other interested persons were in attendance to respond to questions raised. ~ Prior to the discussion, a Statutory Declaratlon was submitted by Alderman Pettlck, signed by Gertrude F. Munroe, which contained information regarding the historical background and past uses at the property located at the south- west comer of Dorchester Road and Thorold Stone Road. Alderman Puttick addressed Council for some time referring to prepared notes. The Alderman stated that he was concerned that senior City Staff were giving certain developers preference at the expense of others, especially out of town developers. He suggested that senior Staff, especially of the Planning and Municipal Works get out of politlcs and concentrate on their administrative duties for which they are being paid. The Alderman stated that in one instance, a study which the City had underwritten respecting the Commercial and Office Opportunities Study had been changed after a meeting between the Author, Miller, 0'Dell & Paul, representatives of River Realty Developments Doug Darbyson and others, He · 2 -2- stated that the Munro property had been changed from Commercial to Residential before being presented to Council. Mr. Doug Darbyson stated that the subject property had always been designated residential in the official Plan. The Alderman stated that an application for a supermarket on the Munro property had recently been denied by Council, while an application for a commercial mall including a supermarket by River Realty (Branscombe) would soon be considered at Montrose & Thorold Stone Roads. He said that large developers should not be shown studies before being presented to Council. Alderman Campbell said that he had been approached by developers who claimed that large developers were being given preferential treatment by City staff and that some of them were present. Mayor Smeaton received no response when he asked if any one wished to address Council. Alderman Cummings suggested that because of the nature of the meeting and the comments about staff, the meeting should have been in Committee of the Whole. Alderman Cheesman and Janvary spoke in defense of City Staff. The Alderman also criticized two munlcipal employees for purchasing lots in the Carnal subdivision, possibly on speculation although the Chief Administrative Officer had stated that the transactions were legal. At the request of Mayor Smeaton, Alderman Puttick stated that he would have his remarks typed and submitted to City Hall in the morning. ORDERED on the motion of Aideman C,,mmlngs, seconded by Alderman Cheesman, that the communications be received and filed. Carried Unanimously. Report No. )~4-89-188 - Chief Administrative Officer - Re: Class Environmental Assessment Approval Process for the Regional Sewage Treatment Alternatives Study. The report provides information regarding the subject matter and recommends that this report be received and filed. ORDERED on the motion of Alderman C, nmmlngs, seconded by Alderman Sherat that the report he received and adopted. Carried Unanimously. REGULAR MEETING DEPUTATION ST. GEORGE SEILBIAI~ CHURCH/MONTROSE ROAD: Communication No. 351 - Chris & Doug H~11s, and Kathy Masms - Re: Petition. The communication attaches a petition requesting the cessation of all outdoor activities such as rock concerts, picnics. etc., and the cessation of all Fund Raisers involving the use of outdoor P.A. Systems or other offensive noise with respect to St. George Serblan Church. Mrs. Sonja Phillips, 7729 Cavendlsh Drive. and other concerned residents ware in attendance to e~press their concerns with respect to noise pollutlon in the subject area. Following a discussion, it was agreed that Staff would monitor the situation in order to avoid a recurrence of the problem. ORDER~ on the motion of Alderman C,,mmings. seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. UNFINISMED BUSINESS NIAGARA CENTRAL A~ COI~CATIONS C~= CceeunicationNo. 352 - Will4-- g. Sherre~, Manager, NisSara CemtralAmbulence C~mmunications Centre (C,A.C.C.) - Re: C.A.C.C. Response Time. The communication discusses the concerns of Council with respect to the response time of the ambulances, advises that the rumour was not based on fact and 'provides further ~nformation regarding the matter. Alderman Chessman was asked to secure additional information from the hospital respecting the service. -3- ORDERED on the motion of Alderman Puttlck, seconded by Alderman Cummings that the matter be received and filed for further information. Carried Unanimously. COMMUNICATIONS No. 353 - Niagara Falls - Fort Erie Real Estate Association - Re: Proclamation - The communication asks Council to proclaim the week of September 24th to 30th, 1989, as "Ontario Home Week". ORDERED on the motion of Alderman Cummings. seconded by Alderman Hinsperger thet the request be approved subject to established policy. Carried Unanimously. No. 354 - Reglonal Niagara Public Works Department - Re: Construction Progress Report. The communication attaches Report DEP-2988 for the information of Council. ORDERED on the motion of Alderman Cummings. seconded by Alderman Cowan that the communication be received and filed. Carried Unanimously. REPORTS CD-89-67- Chief Administrative Officer - Re: Proposed Sale of Rose Street Road Allowance. The report recommends that Council authorize the closing and sale of the remaining portion of the Road Allowance. During the discussion. concern was expressed about the proposal to advertise the property for sale. It was felt that because of the size of the lot, and easement at the south side and the fact that future owners may wish to each putchess half of the property, it should be retained for the time being. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary that the report be received and filed and that the property be retained for now. Carried Unanimously. PD-89-134 - Chief Administrative Officer - Re: Appllcatlon for Exemption of Part Lot Control; Lot 66 - Pamela Drive] West Meadow Subdivision, Registered Plan M-129. The report recommends that the request from Rends Electric Ltd. c.o.b. Welcome Homes, to exempt from Part Lot Control Lot 66, 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 Cummings. seconded by Alderman Hinsperger that the report be received and adopted. Carried Unanimously. PD-89-135 - Chief Administrative Officer - Re: Regional Policy Plan Amendment No. 39, Urban Area Boundary Expansion, City of Niagara Falls; Louis Bourdolone, Mountain and Portage Roads. The report recommends the followlng: 1) That the City inform the Regional Planning & Development Department that it has no objection to the expansion of the urban area boundary to include the subject property; 2) That the City further inform the Region that the City will determine the appropriate form of residential land use including the type end density of development through its review of the Official Plan and Zoning By-law amendments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report be received and adopted. Carried Unanimously. B-89-73 - Chief Administrative Officer - Re: Information Report re 7708 Woodbine Street - Mr. Hammond. The report provides information regarding 7708 Woodbine Street, advises that the complalnts regarding the operation of a public garage had not been substantiated, that no violation of the Envlronment81 Protection Act had been noted and Staff would continue to monitor the property. It is recommended that the report he received for the information of Council and filed. ORDERED on the motion of Alderman C,mmings, seconded by Alderman Chessmen that the report be received and adopted. Carried Unan_~mgusly. -4- MW-89-192 - Munlcipal Works Committee - Re: Committee Report: Construction Inspection, Contract R.O.S. 18-89; Rehabilitation of Man Accessible Sewers on Dorchester Road between Dolphin Street and Pinedale Drive. The report recommends the followlug: 1) That Council authorize Staff to amend the exlstinE City/Consultant AEreement to include construction inspection; and 2) That an additional $30.000.00 be allocated from the "General Service Reserve" Account for financing the construction inspection of this contract. ORDERE~ on the motion of Alderman Orr, seconded by Alderman Cheesman that the report be received and adopted. Carried Unanimously. M~-89-193 - Municipal Works Committee - Re: Committee Report: Lifeline Grant Applications for Cathodic Protection of Watermains. The report recommends that Ministry of Environment Grants be applied for under the Lifellne Program for the oathedit protection of watermains on the following streets: 1. Arthur Street. Duke Street and Motden Drive; 2. Steverig Street, Cabot Drive, David Avenue and Randall Crescent; 3. Russell Street; 4. Shlrley Avenue, Amelia Crescent and Barton Crescent; 5. Dianne Street, Queensway Gardens, Dirdene Street and Close Avenue; 6. Kelffer Street. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman that the report be received and adopted. Carried Unsnlmously. See Resolution No. 57 F-89-42 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $14,014,302.58 for the period ending September 25, 1989, he approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a confllct of interest on Cheque No. 51394 because he has a business interest. In response to a question by Alderman Sherat on the amount of interest we were receiving on $14,014,302.58, the Director of Finance indicated that we were receiving the going rate of interest which right now was about 12%. Additional information was provided on Cheque No. 5~545. ORDERED on the motion of Alderman Chessmen, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on Cheque No. 51394 on a confllct of interest previously recorded; with Alderman Orr and Puttlck voting contrary on Cheque No. 51370; and with all others voting in fayour. See By-law No. 89-238. RESOLUTIONS No. 57A- eRR- CMMRSMAN - RESOLVED that an application be submitted to the Ministry of the Environment under the Lifellne Grants Program for the cathodlc protection of watermains on the followins streets: 1. Arthur Street, Duke Street and Motden Drivel 2. Stevens Street, Cabot Drive, David Avenue and Randall Crescent; 3. Russell Street; 4. Shlrley Avenue, Amelia Crescent and Barton Crescent| 5 Dianne Street, Queensway Gardens, Dirdene Street and Close Avenue; 6. Keiffer Street AND the 8eel of the Corporation be hereto affixed. Carried Unanimously, -5- No. 58 - C~9~NGS - SHEPAR - RESOLVED that a message of condolence be forwarded to the family of the late Margaret Ellen Bowyet, mother of Mrs. Carmen (Jacqueline) Dix, a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings. seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-234 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (O.P. No. 182) No. 89-235 - A by-law to amend By-law No. 79-200. as amended. (AM-15/89 Tridea Properties; Approved by Council June 12/89). No. 89-236 - 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 subsectlon 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-15/89 Tridea Properties; Approved by Council June 12/89). No. 89-237 - A by-law to designate certain land not to be subject to part lot control. (Parcel 66-1, Section 59M-129). No. 89-238 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins voting contrary on By-law No. 89-234; with Aldermen Campbell abstaining from the vote on By-law No. 89-238, on a conflict of interest previously recorded under Report No. F-89-42; with Alderman Orr and Puttlck voting contrary on By-law No. 89-238 as previously recorded under Report No. F-89-42; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman. that the following by-laws be now read a second and third time: No. 89T234- A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. 89-235 - A by-law to amend By-law No. 79-200. as amended. 2~. 89-236- 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 subsectlon 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 89-237 - A by-law to designate certain land not to be subject to part lot control. No. 89-238 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins voting contrary on By-law No. 89-234; with Alderman Cummings abstaining from the vote on By-law No. 89-238 on a confllct of interest previously recorded; with Alderman 0rr and Puttlck voting contrary on By-law No, 89-238 as previously recorded; and with all others voting in fayour, + 6 -7 - BUSINESS COUNCIL MEETING ITI~! OF IIVA'M~E~T: Meethag wlthBobP, aeo NDP - In response to His Worship Mayor Smeeton's request, Aldermen Herrington agreed to preside as Chairman of the meeting with Bob Rae, Leader, Provincial New Democratic Party, scheduled for Wednesday, September 27th, 1989, at 4:00 p.m. Aldermen Campbell and Ward volunteered to participate at the meeting. CONCERN Intersection/Thorold Stone Road & St. James Avenue - In response to Alderman Cummings request for information regardlug the subject intersection, His Worship Mayor Smeaton indicated that the matter was being investigated by Regional Police and a report would be submitted at an early date. Thorold Stone Traffic Hazard - Alderman Puttick expressed concerns regarding students crossing Thorold Stone Road, east of Dorchester Road, to the strip plaza in the subject area and suggested that a letter of concern be forwarded to the Principal of Saint Paul High School. Alderman C,,mmlngs discussed his concerns with respect to the height of hedges in the area reducing visibility and creating a further traffic hazard. He requested that Staff investigate the matter. It was moved by Alderman theesmart. seconded by Alderman Janvar~ that Council adjourn to Committee of the Whole. Carried Unanimously. Council Chambers September 25, 1989 Council recovened in formal session on Monday, September 25th, 1989, following a meeting in Committee of the Whole. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. AND / READ AND ADOPTED. MAYOR COMMITTEE OF THE WHOLE Committee Room #1 September 25, 1989 Councll met on Monday. September 25th, 1989, at 10:40 p.m., in Committee of the Whole. followlns a regular meeting. All members of Council were present. Alderman Herrlngton presided as Ghairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND AD TED, .... .a FORTIETtt MEETING COMMITTEE OF THE WHOLE Committee Room #1 October ~ 1989 Council met on Monday, October 2nd, 1989, at 7:15 p,m., in Committee of the Whole. All members of Council, with the exceptioe of Alderman Hinspergcr who was absent on vacation, were present. Alderman Hopkins presided as Chairman. Following consideration of the itera presented, the Cor~nittee of the Whole arose without reporting. READ AND ADOPTED, N, ciT REGULAR MEETING Council Chambers October o 1989 Council met on Monday, October 2nd, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman tIinsperger who was absent on vacation, were present. tlis Worship Mayor Smeaton presided as Chairman. Alderman Puttick extended a wish for good health and happiness to the retiring City Clerk; and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the minutes of the meeting held September 25th, 1989, be adopted as printed. Carried Unanimously. PRESENTATIONS UNITED WAY C~M~PAIGN - Ms. Dorothy Abbey, President, Board of Directors; and Ms. Sharon Bell-Wilson, Executive Director of the Niagara Falls United Way, were in attendance. Ms. Abbey reviewed the events scheduled for the 1989 United Way Campaign, and introduced a Video presentation in connection with the Campaign. His Worship Mayor Smeaton expressed appreciation of the Video film and the work done by the United Way. ST, JOHN AMBULANCE - ACHIEVEMENT AWARDS - 11is Worship Mayor 8meaton welcomed Jim Boutilier, Director of the St. John Ambulance, Niagara Falls; as well as Patricia McGuire and Steve Codrington of the St. John Ambulance Water Patrol, to the meeting. tte congratulated Patricia McGuire and Steve Codrington for their part in the rescue of an American foursome whose boat had drifted towards the fails after both engines ~n the boat had failed. Mayor Smeaton presented them with Achievement Awards and commended them on their actions. -2- DEPUTATIONS "PROJECT SHABE" - His Worship Mayor Smeaton welcomed Mrs. Amy Bignucolo, President of the Board of Directors, and Mrs. Julie Darnay, Executive Director of the Social Planning Council of Niagara Falls, to the meeting. Mrs. Julie Darnay introduced Mr. A1 Morellato, Chairman of "Project Share". Mr. Morellato reviewed the goals and expansion of activities of "Project Share" in terms of the Food Co-op, Housing Help Centre and Emergency Services. He discussed the activities scheduled for "Project Share Week". His Worship Mayor Smeaton advised that the work of the Social Planning Council of Niagara Falls was recognized by other Municipalities, and expressed appreciation to the group for their contribution to the community. NIAGARA FALLS MUSIC TREATRE SOCIETY - Communication No. 355 - John Anstruther, Funding Chairman, NFMTS - Re: Revised Renovation Project for the Firehall Theatre. The communication advises that the Provincial Ministry of Culture & Communications has approved a grant under the Arts Facilities - Upgrading Program, to a maximum of $29,731.00; discusses actions taken to acquire the necessary funding; attaches a summary of estimated costs for a revised renovation project; and requests approval of $50,000.00 from the $90,000.00 reserved funding. Mr. Anstruther introduced Colin Clifford, Co-Chairman, reviewed the communication, provided an update report on funding activities, and asked Council to release $50,000.00 of the reserve funding for the revised renovation project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that approval be granted to release $50,000.00 as requested, subject to the approval of Provincial authorities. Carried Unanimously. UNFINISHED BUSINESS CD-89-71 - Chief Administrative Officer - Re: Proposed Cuts in Unemployment Insurance Benefits. (COUNCIL 1989 09 28). The report recommends the following: 1) That Council endorse the Resolution appearing on this evening's Agenda; 2) That copies of the Resolution be forwarded to Mr. Rob Nicholson with a request that he convey them to the Prime Minister and the Minister of Employment and Immigration; / 3) That copies of the Resolution be sent to the Leaders of the Opposition Parties for their information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimously. See Resolution No. 59. COMMUNICATIONS No. 356 - Dr. Klinkbanuner, Regional Chairman, Mayen-Koblenz, Germany - Re: EDA Delegates to Germany. The communication, reviewed by His Worship Mayor Smeaton, expresses appreciation and welcome to Niagara Falls representatives, Alderman Charles Cheesman and Mr. Charles Chataway, Director, EDA., invites a future visit to Germany by Mayor Smeaton, and expresses further appreciation for the greetings and flag of the City of Niagara Falls. Alderman Cheesman advised that a report of the visit to Germany would be submitted. He explained the attitude of officials in Germany towards industry and economic development, and stressed the importance of accepting the invitation. 3 ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, the communication be received and filed. Carried Unanimously. that Noo 357 - Regional Niagara Public Works Department - Re: Regional Contributioo towards Cost of Servicing Industrial Lands. The communication attaches Report DEP-2976 and requests comments prior to November 10th, 1989. Regional Councillor Brian Merrett was in attendance to respond to questions raised regarding the subject matter. He advised that it was important to obtain comments from the Economic Development Agency, and stated that he was desirous of being in attendance when the matter returns to Council for discussion. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the communication be referred to Staff. Carried Unanimously. No. 358 - Regional Niagara Public Works Department - Re: Resolution. The communication requests support of a resolution from the Township of Front of Yonge, Mallorytown, to petition the Province to impose a deposit on all containers, currently not subject to a refuadable deposit, in order to protect the environment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward that the communication be referred to the Waste Management Sub-Committee. Carried Unanimously. No. 359 - Jim Pay, J & J Pay Development Co. Inc. - Re: Commercial Development Proposal, Former Brights Canning Property. The communication expresses concerns regarding the subject matter and requests details regarding the proposal and future meetings. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the communication be considered in conjunction with AM-18/89. Carried Unanimously. No. 360 - Niagara Falls Fire Department - Re: Proclamation. The communication asks Council to proclaim the week of October 8th to 14th, 1989, as "Fire Prevention Week". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the request be granted subject to established policy. Carried Unanimously. No. 361 - Marilyn Coates, Manager, Homemaker Service, Niagara Falls Branch, Canadian Red Cross Society - Re: Proclamation. The communication requests that the week of October 15th to 21st, 1989, be proclaimed "Homemaker/Home Support Week". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously. No. 362 - Marianne McRae, Co-ordinator, Meals on Wheels of Niagara Falls, Inc.- Re: Proclamation. The communication asks Council to proclaim the week of October 2nd to 6th, 1989, as "Meals onWheels Week". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously. No. 363 - Co-Chairman BILD Committee - Re: Infrastructure Report: Building Industry Liaison Development (BILD) Committee. The communication provides background information and recommendations regarding the subject matter. During the discussion, it was noted that the attached report was dated May 17th, 1988, and suggested that the BILD Committee should provide a status update. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the communication be received and filed, and that the recommendations be referred to the Municipal Works Committee together with a status update report by the BILD Committee. Carried Unanimously. -4- No. 364 - Chippawa Lions Club - Re: Community Centre Building. The communication requests the permission of Council to construct an accessory building off the south-east corner of the subject building. Alderman Ward declared a conflict of interest because he is a member of the Club. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be referred to Staff. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. REPORTS B-89-75 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 4 Storey Hotel; 7280 Lundy's Lane. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 4 storey hotel, and the site plan being drawing Number 1 of 2, and the site services and grading plan being drawing Number 2 of 2 and filed with the Buildings & Inspections Department of the City of Niagara Falls on September 28th, 1989, 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 relationship. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. B-89-76 - (HANDOUT) (BBVISED) - Chief Administrative Officer - Re: Site Plan Approval - Proposed 9 Storey Hotel; 5807 Ferry Street; AM-27/86, By-law 88-281. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 9 storey hotel, and the site plan being drawing Number A-l, and the site services plan being drawing Number SS-1 and filed with the Buildings & Inspections Department of the City of Niagara Falls on September 26th, 1989, and that such approval be subject to the conditions included in the report. During the discussion, concern was expressed with respect to compliance with Ministry of the Environment regulations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: A~E: Aldermen Campbell, Cheesman, Cowan, Cummings, Orr, Puttick, Sherar and Ward. NAYE: Aldermen Harrington, Hopkins and Janvary. PD-89-136 - Chief Administrative Officer - Re: Minor Variance Application A-72/89; George Partheniou (Village Restaurant), 8053 Portage Rd. The report reco~nends that Council authorize Staff to appeal the decision of the Committee of Adjustment regarding Application A-72/89, which would permit a building as close as 11.6m (38') to the centre line of Chippawa Parkway, whereas the by-law permits no building closer than 13m (43') to the existing centre line. During the discussion, Staff was asked to meet with the proponent for a discussion of the placement of facilities on the property.' ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the report be received and adopted· Carried Unanimously. PD-89-142 - Chief Administrative Officer - Re: Request for Release of Conditions Minolta Tower. The aforementioned report was withdrawn from the agenda. -5 - PD-89-143 - Environmental Canadians & Americans to Councils of Niagara Falls, following: Planning & Greening Committee - Re: Mcctiog of Protect the Environment <CAPE Committee) and the Ontario and New York. The report recommends the l) That Council note the date for a CAPE meeting (October 31) and a joint Council meeting (November 21); and 2) That interested parties be notified. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. PD-89-146 - Chief Administrative Officer - Re: Zoajng Amendment Application AM-20-89, Ramada Fallsview, Northwest Corner of Dixon Street and Buchanan Avenue. The report recommends the followiug: 1) That City Council, prior to the passing of the amending by-law for the Ramada Fallsview Hotel, determine by resolution, in accordance with Section 34(16) of the Planning Act, that the changes to the proposal will not require the giving of any further notice; 2) That Council enact the amending by-law in accordance with Section 34(17) of the Planning Act. Alderman Janvary declared a conflict of interest because her son is employed at the Ramada. In response to the request of Mayor Smeaton for comments, Mr. D. Marinelli, Solicitor, advised that he wished to address Council with respect to the by-law in connection with this report. ORDERED on the motion of Alderman Cu~nings, seconded by Alderman Shetar, that the report be received and adopted. The motion Carried with Aldcrmaa Janvary abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Hopkins, Orr, Puttick, Sherar and Ward. NAYE: Alderman Harrington. Mr. Marinelli, Solicitor, addressed Council regarding a proposed long-term lease with the Ontario Hydro, which had been discussed at the Public Meeting. He stated that the Ontario Hydro was reviewing the building plans for a long term lease, that an undertaking had been submitted to the City Solicitor w~th the agreement that a building permit would not be requested and construction of the proposed 2 storey structure would not commence on the lands being leased from the Ontario Hydro until the lease was in place, and asked that Council pass the amending by-law. The City Solicitor advised that he was satisfied with the above mentioned proposal and the undertaking. It was generally agreed that the Resolution and By-laws in connection with Report No. PD-89-146 be brought forward. RESOLUTION No. 60 - CHEESNAN - C~MPBELL - 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-20/89, 577793 Ontario Ltd., 6455 Buchanan Avenue, Ramada Fallsview Inn), for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded; with Alderman Harrington voting contrary; and with all others voting in favour. - 6 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-255 - A by-law to amend By-law No. 79-200, as amended. (AM-20/89 Fallsview Ramada Inn). No. 89-256 - 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-20/89 Fallsview Ramada Inn). The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded under Report No. PD-89-146; with Alderman 1tarrington voting contrary; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-255 - A by-law to amend By-law No. 79-200, as amended. No. 89-256 - A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded; with Alderman Harrington voting contrary; and with all others voting in favour. REPORTS MW-89-183 - Chief Administrative Officer - Re: Contract G.C. 23-89 - Underground Services in the Northwood Subdivision. The report recommends that the unit prices submitted by the low tenderer, Provincial Construction Limited, accepted and the contract be awarded to this firm subject to: be 1) Receiving Ministry of the Environment approval of the water and sewer installation for this project; 2) Signing of the SubdivisionAgreement by the developer in a form satisfactory to the City; 3) Execution of an Indemnity Agreement by the developer with respect to registration of the Plan of Subdivision; 4) Payment of all monies to the City as specified in the SubdivisionAgreement. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 89-239 and By-law No. 89-240. MW-89-194 - Chief Administrative Officer - Re: Contract R.C. 24-89 - Curb & Gutter and Base Road Construction in the Mount Carmel Subdivision. The report recommends that the unit prices submitted by the low tendeter, Steed & Evans Limited, 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 By-law No. 89-247. -7- MW-89-195 - Chief Administrative Officer - Re: Contract T.P. 25-89 - 1989 Tree Planting Program. The report recommends that the unit prices submitted by Greenwood Nursery & Greenhouses 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 By-law No. 89-245. MW-89-196 - Municipal Works Committee - Re: Committee Report: P.C.B. Storage Building. The report recommends that the report on this topic, previously tabled by the Committee, be adopted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-89-197 - Municipal Works Committee - Re: Committee Report: Formation of North/East Solid Waste Management Club. The report recommends the following: 1) That endorsation be given to the concept of the formation of a North/East Solid Waste Management Club with St. Catharines, Thorold, Niagara-on-the- Lake and Niagara Region to deal with the long term Waste Management Program as recommended in the Regional Waste Management Master Plan; and 2) That Staff be authorized to work with Staff of the other four Municipalities and the M.O.E. to finalize the Terms of Reference for retention of a multi- discipline consortium to prepare the necessary documents for the formation of a Waste Management Club for Council approval. During the discussion, it was noted that waste management was a world-wide problem which would not "go away" and would have to be resolved. Regional Councillor Brian Merrett advised that in order to proceed further, there would be numerous meetings with City Staff, that a full environmental assessment report would be necessary, and that the City should be cautious in its consideration of this matter. In response to questions raised, the City Solicitor expressed the opinion that he did not think the report would be legally binding upon the City, and that the amendment must be passed by legislation. His Worship Mayor Smeaton advised that the City of "Niagara Falls has ended up in one of the least desirable positions" in that there are only four representatives of the City to vote at the Regional level, out of a total of thirty votes. ORDERED on the motion of Hopkins, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hopkins, Janvary, err, Puttick, Sherat and Ward. NAYE: Mayor Smeaton and Alderman Cowan. .N~-89-198 - Chief Administrative Officer - Re: 1989 Capital Budget Projects. The report recommends that the by-laws appearing on tonlght's agenda be passed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law Nos. 89-250, 89-251, 89-252, 89-253, .and By-law No. 89-254. MW-89-199 - Chief Administrative Officer - Re: Contract R.C. 27-89 - Base Road Construction in the Rainbow Gardens, Drummond Park Village Stage III & Mountaingate Estates Subdivisions; and Finished Road Construction in the Drummond Park Village Subdivision Stages I & II. 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 motion of Alderman Cummings, seconded by Alderraan Campbell, that the report be received and adopted. Carried Unanimously. See By-law No. 89-246. -8- MW-89-200 - Chief Administrative Officer - Re: Belmont Avenue - Parking Restriction By-law No. 89-241. The report recommends that Council pass By-law No. 89-241 (restricting parking on both sides of Belmont Avenue, from Lundy's Lane to a point 120 metres north of Lundyss Lane), appearing later on this evening's agenda, being a by-law to amend By-law No. 89-2000. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 89-241. [4W-89-201 - Chief Administrative Officer - Re: Consulting Services Agreement for the Design and Contract Preparation of Stages II and III of Westlane/Westwood Flood Relief Works. The report recor~nends that the Consulting Engineering Firm of Proctor & Redfern Limited be retained for the design and contract preparation of Stages II and Iti of the Westlane/Westwood Flood Relief Works, at an estimated upset limit cost of $25,800.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. P-89-43 - Finance Committee - Re: Committee Reports: The report recommends that Council approve the following actions taken by the Finance Committee: 1) Jr. "B" Canucks Agreement Changes - Adopt the changes in the Jr. "B" Canucks Agreement; 2) 3) Library Request Regarding Employee Rate Increases - Approve a Library employee wage rate increase for 1989 equal employees at an additional cost of approximately $6,300.00; to City Request fur Funds From the Essex County Flood Relief Fund - Receive and File a request for funds from the Essex County Flood Relief Fund. 4) ~ Request for a One-time Contribution - Approve a one-time contribution to AMO of approximately $350.00; 5) Financial Reports For: - Humane Society for June, July and August - - City 1988 Financial Statements & Financial Information Return - Receive and File the financial reports for the Humane Society and the City for 1988; 6) Request for a Niagara S~mphony Ad - Approve a 1/2 page advertisement in the 1989-90 Niagara Symphony Program at a cost of $400.00. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Cowan and Cummings voting contrary on Recommendation No. 4; and with all others voting in favour. F-89-44 - Chief Administrative Officer - Re: Municipal Acconnts. The report recommends that the accounts totalling $5,139,903.39 for the period ending October 2nd, 1989, be approved by the passing of the by-law appearing later nn the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 51557 because a firm with which he is employed has a business interest; and a conflict sf interest on Cheque No. 51674 because his wife is employed by the Board. Aldermen Cummings and Sherat declared conflicts of interest on Cheque No. 51571 because they work for a Company involved. ORDERED on the motion nf Alderman Janvary, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings and Sherat abstaining from the vote on Cheque Nos. 51557, 51674, and 51571 respectively, on conflicts of interest previously recorded; and with all others voting in fayour. See By-law No. 89-257. - 9- C-89-39 - Chief Administrative Officer - Re: Appointment of City Clerk. The report recommends that Mr. E.C. Wagg be appointed as City Clerk for the City of Niagara Falts, the said appointment to be effective November 1, 1989, and subject to a probationary period of one year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Chcesman, Culmnings, Harrington, llopkins, Jm~va~, Orr, Puttick, Sherar and Ward. NAYE: Alderman Cowan. See By-law No. 89-242. RESOLUTION No. 59 - C~INGS - COWAN - RESOLVED that WHEREAS The Government of Canada has indicated its intention to effect changes under the Unemployment Insurauce Act, and; WHEREAS these changes would significantly reduce the number of ~ceks for which a claim may be paid, and; WHEREAS these changes would also extend the number of weeks a claimant would have to work in order to qualify for benefits, and; WHEREAS persons who are adversely affected by these changes may be forced to turn to Municipal welfare; BE IT THEREFORE RESOLVED that the Prime Minister of Canada be made aware of the City of Niagara Falls objections to these changes which will impact on the Municipal and Provincial budgets; AND the Seal of the Corporation be hereto affixed. Carried Unanimously~ BY-LAWS ORDERED on the motion of Alderman 0rr, seconded by Alderman Cowan, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 89-242 - A by-law to provide for the appointment of Municipal officials. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Cunmings, that the following by-law be now read a second and third time: No. 89-242 - A by-law to provide for the appointment of Municipal officials. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a :first time: No. 89-239 - A by-law to authorize a subdivision agreement with 705336 Ontario Limited respecting the Northwood Plan of Subdivision. No. 89-240 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base roads in the Northwood Subdivision. No. 89-241 - A by-law to amend By-law No. 89-2900, as amended. (Parking). No. 89-241 - Recorded above. No. 89-241 - A by-law to amend By-law No. 6328, 1963, as amended, being the Plumbing By-law. (Report CD-89-39; Approved by Council June 26/89). - 10 - No. 89-244 - A by-law to authorize the execution of an agreement with Walker Diggon Construction Limited respecting the construction of a new Press Box for the Niagara Falls Memorial Arena. No. 89-245 - A by-law to authorize the execution of an agreement with Peter Aelo carrying on business as Greenwood Nursery for the 1989 tree planting programme. No. 89-246 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for base roads in the Rainbow Gardens, Drummond Park Village Stage 3 and Mountaingate Estates Subdivisions, and finished roads in the Drummond Park Village Stage 1 and 2 Subdivision. No. 89-247 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for curbs, gutters and base asphalt construction in the Mount Carmel Subdivision. No. 89-248 - Withdrawn. 89-249 - A by-law to authorize the rehabilitation of the roads on certain streets. No. 89-250 - A by-law to authorize the construction of a storm trunk sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Ontario Hydro right-of-way). No. 89-251 - A by-law to authorize tbe construction of a storm trunk sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Park Street). No. 89-252 - A by-law to authorize the installation of watermains as an improvement to the water supply system and construction and rehabilitation of sanitary sewers as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Buchanan Avenue). No. 89-253 - A by-law to authorize the installation of watermains as an improvement to the water supply system and construction and rehabilitation of sanitary sewermains as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Lewis Avenue). No. 89-254 - A by-law to authorize the installation of watermains as improvements to the water supply system in the Urban Service Areas of the City. 89-255 - Recorded above. 89-256 - Recorded above. 89-257 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Cummings and Sherar abstaining from the vote on By-law No. 89-257, on conflicts of interest previously recorded under Report No. 89-44; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following by-law be now read a second time: No. 89-249 - A by-law to authorize the rehabilitation of the roads on certain streets. Carried UnanimoUsly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-239 - A by-law to authorize a subdivision agreement with 705336 Ontario Limited respecting the Northwood Plan of Subdivision. .... II - 11 - No. 89-240 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewemnains, watermains and base roads in the Northwood Subdivision. No. 89-241 - A by-law to amend By-law No. 89-2000, as amended. (Parking). No. 89-242 - Recorded above. No. 89-243 - A by-law to amend By-law No. 6328, 1963, as amended, being the Plumbing By-law. (Report CD-89-39; Approved by Council June 26/89). No. 89-244 - A by-law to authorize the execution of an agreement with Walker Diggon Construction Limited respecting the constructiou of a new Press Box for the Niagara Falls Memorial Arena. No. 89-245 - A by-law to authorize the execution of an agreement with Peter Aele carrying on business as Greenwood Nursery for the 1989 tree planting programme. No. 89-246 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for base roads in the Rainbow Gardens, Drummond Park Village Stage 3 and Mountaingate Estates Subdivisions, and finished roads in the Drun~nond Park Village Stage 1 and 2 Subdivision. No. 89-247 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for curbs, gutters and base asphalt construction in the Mount Carmel Subdivision. No. 89-248 - Withdrawn. No. 89-249 - See recorded above. No. 89-250 - A by-law to authorize the construction of a storm trunk sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Ontario Hydro right-of-way). No. 89-251 - A by-law to authorize the construction of a storm trunk sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Park Street). No. 89-252 - A by-law to authorize the installation of watermains as an improvement to the water supply system and construction and rehabilitation of sanitary sewers as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Buchanan Avenue). No. 89-253 - A by-law to authorize the installation of watennains as an improvement to the water supply system and construction and rehabilitation of sanitary sewermains as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Lewis Avenue). No. 89-254 - 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. 89-255 - Recorded above. 89-256 - Recorded above. No. 89-257 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Cummings and Sherar abstaining from the vote on By-law No. 89-257 on conflicts of interest previously recorded; and with all others voting in favour. - 12 - NE~ BUSINESS ITEMS OF INTEREST: Regional Chairman W.No Dick - His Worship Mayor Smeaton referred to the Handout Communication from Regional Chairman Dick, in response to Council's invitation to attend an upcoming Council meeting. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. Proposed Battlefield Park - His Worship Mayor Smeaton discussed his Handout Communication containing a summary of actions taken regarding the subject matter, and requested the approval of Council with regard to a further investigation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that approval be granted to proceed with the investigation as requested, and that Staff be involved only in a technical advisory capacity. Carried Unanimously., Congratulations - Incomlng City Clerk - Alderman Cummings congratulated Mr. E.C. Clerk, effective November 1, 1989. Wagg, on his new appointment as City Roast - City Clerk - Alderman Cumraings discussed the actions of the C~ty Clerk, Paul J. Brennan, both past and current, and commended the Clerk's Department for its efforts and helpfulness towards new members of Council. His Worship Mayor Smeaton welcomed Mr. Brennan's wife, Ann, to the meeting. He reviewed a brief summary of the Clerk~s career and expressed "best wishes to Paul" on his retirement. The Clerk expressed his appreciation to members of Council, both past and present; to Staff and to Michael Brown, reporter on the Niagara Falls Review for his story and pictures; and to his wife, Ann. He congratulated Mr. E.C. Wagg on his appointment. Bourinot's & Robert's Rules of Order - Alderman Chessman discussed the Handout Information regarding the subject matter, and suggested that during a debate, the measure, and merit of the motion be dealt with, rather than motives and personalities, and further, that noncompliance with these rules should be pursued immediately. Meeting with Mr. Bob Rae, NDP - Alderman Marrington provided a brief review of the meeting with Bob Rae, Leader, Provincial New Democratic Party, which was held September 27th, 1989. Meeting with Prime Minister Mulroney - His Worship discussed the meeting scheduled for October 3rd, 1989, between the Prime Minister of Canada and concerned officials regarding the cessation of railway routes across Canada. He requested pel~ission to express, in writing, Council~s concerns regarding the proposed action. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that approval be granted to forward the concerns of Council to the Prime Minister. Carried Unanimously. · ITEI4S OF CONCP~RN: Special Meeting - September 25, 1989 - Alderman Puttick referred to his comments made during the subject meeting, to the presence of developers at the meeting who did not wish to address Council publicly, and to an anticipated letter requesting a private meeting with Council. - 13 - In response to Aldel~an Puttick's enquiry, His Worship Mayor Smeaton advised that Dr. Gold had visited the Mayor's office, aud had torn up a letter without showing it to Mayor Smeaton. A brief discussion was initiated by Alderman Hopkins regarding the submission of Alderman Puttick's concerns to the Clerk. Dog Attack - Alderman Campbell expressed concern regarding a recent attack of a dog, and subsequent actions which might be taken by the Humane Society. The Chief Administrative Officer advised that he had followed up the compiaints and had learned that the incident was not an isolated one. He further stated that the Humane Society was laying charges in connection with the incident. It was moved by Alderman Chessman, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND OPTED, / \ FORTY-FIRST MEETING COMMITTEE OF THE WHOLE. Council Chambers October 16, 1989 Council met on Monday, October 16th, 1989, at 7:00 p.m., in Committee of the Whole. All members of Council, with the exception of Aldermen Hinsperger and Puttick who were on vacation, were present. Alderman Cheesman presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. REPA) AND ADOPTED, E.C. WAGG, DEPUTY CITY CLERK PLANNING/REGULAR MEETING Council Chambers October 16, 1989 Council met on Monday, October 16th, 1989, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Aldermen Hinsperger and Puttick who were on vacation, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Harrington offered the Opening Prayer. ADOPTION OF MINUTES Alderman Cowan asked that the minutes of October 2nd, 1989 be amended to indicate that he had voted contrary on page 7, Report No. MW-89-197, Formation of North/East Solid Waste Management Club. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the minutes of the meeting held October 2nd, 1989, be adopted as amended. Carried Unanimously. DEPUTATION SIGN BY-LAW: Con~nnication No. 365 - Lewis Knox - Re: Sign By-law. The communication requests permission to address Council regarding the current sign by-law and related concerns. : Mr. Knox advised that he had discussed his concerns with the Director of Buildings & Inspections and that the possible revisions and concerns were being investigated for consideration at a later date. His Worship Mayor Smeaton asked Mr. Knox to submit notification when he wishes to return to a Council meeting. REPORTS - PLANNING MATTERS PD-89-151 - Chief Administrative Officer ~ Re: Zoning Amendment Application AM- 24/89, K. DeGiorgio; Part of Twp. Lots 46 & 53 - Mount Cannel North, Plan of Subdivision· The report recommends the following 1) That Council support the requested change in zoning to the Residential, Single Family 1B Density Zone (R1B), including the increases to the provisions regulating minimum lot area, lot frontage, front and rear yard depths, interior and exterior side yard widths, floor area, a reduced maximum lot coverage and the introduction of a minimum landscaped open space provision; -2- That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; That the applicant and the Regional Municipality of Niagara be advised accordingly. Communication No. 366A - Regional Niagara Planning & Development Department - Re: Preliminary Zoning By-law Amendment AM-24/89, Proposed Mt. Carmel North Subdivision. The communication attaches comments from Regional Public Works advising that they have no objections to the change in zoning from Development Holding (DH) to Residential, Single Family 1B Density Zone (R1B), and that a 10' road widening should be obtained along the frontage of the development in order to permit a right-of-way. Communication No. 366B (HANDOUT) - Ministry of Agriculture & Food - Re: Zoning AmendmenV Application AM-2.4/89, Proposed Mount Carmel North Plan of Subdivision. The communication advised that the Ministry has no objections to the proposal. -AND- Co~m~mication No. 366C (HANDOUT) - Ministry of the Environment - Re: Zoning Amendment Application AM-24/89, Mount Carmel North. The communication advises that the previous comments from the Ministry are still in effect. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the procedure to be followed under the Planning Act, 1983. The Deputy City Clerk stated that the Notices of the Public Meeting were forwarded by First Class Mail on September 13th, 1989, which was 33 days ~go. His Worship Mayor Smeaton indicated the presence of Brian Sinclair, Solicitor for the applicant; and received a negative response to his request for a show of hands from persons present who were interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Deputy Clerk prior to leaving the meeting. 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-89-137: Development Proposal; Official Plan; Zoning By-law; 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 those in favour of the application, other than the applicant or his agent, and from those opposed to the application. Mr. Sinclair advised that he had reviewed the report and the proposal was a "logical continuation of the draft plan" which had been approved previously. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Ctnmnings, seconded by Alderman Orr, that the communications be received and adopted. Carried Unanimously. PD-89-152 - Chief Adm~uistrative officer - Re~ Zoning Amendment ApplicationAM- 25/89, Cade Holdings (Fred Cade), Burgerland Mini-Putt, 6319 Lundy~s Lane. The report recommends the following: l) That Council support the requested amendment to the Zoning By-law, providing the opportunity to intensify the use of the subject lands through a building addition and permitting additional lands to be used for parking purposes; and that the amending by-law include a provision restricting access to Leonard Avenue, to one driveway, no further than 35.5m (116.5 ft.) north of Lundyts Lane; 2) 3) -3 - That the applicant provide a 1.5m (5 ft.) closed board privacy fence and 2m (6.5 ft.) landscaped buffer along the easterly boundary of the parking area; and a 2.4m (8 ft.) wooden privacy fence, and 1.2 - 1.6m (4 - 5 ft.) landscaped buffers along the westerly and northerly boundaries of the proposed parking area respectively; That matters respecting fencing, landscaping, grading, lighting, parking and the treatment of the parking area be addressed through Site Plan Control; 4) That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 367A - Regional Niagara Planning & Development Department - Re: Preliminary Zoning By-law Amendment AM-25/89. 6319 Lundy's Lane (Burgerland Mini-Putt). The communication attaches information from Regional Public Works, advising that they have no objections to the change of zoning. -AND- Communication No. 367B (HANDOUT) - Ministry of Agriculture & Food - Re: Zoning Amendment Application AM-25/89, 6319 Lundy's Lane, The communication advises that the Ministry has no objections to the subject application. - AND - Communication No. 367C (HANDOUT) - Ministry of the Environment - Re: Zoning Amendment Application AM-25/89. The communication indicates that the Ministry has no objections to the application. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure to be followed would be similar to the previous application. The Deputy Clerk stated that the subject lands were located on the northwest corner of Lundy's Lane and Leonard Avenue and known as 6319 Lundy's Lane; and the Notices of the Public Meeting were forwarded on September 13th, 1989, by First Class Mail, 33 days ago. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent; and received a negative response to his request for a show of hands from persons present who were interested in the application. He asked that all persons wishing to received further notice of the passing of the by-law submit their names and addresses to the Deputy 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-89-141: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. His Worship Mayor Smeaton received a negative response to his request for comments from persons, other than the applicant or his agent, in favour of the application; and a negative response to his request for comments from persons opposed to the application. Mr. Greg Hynde, Hynde Paul Associates, addressed Council on behalf of the applicant. He advised that they had reviewed the Technical and recommendation reports, and were in agreement with all of the recommendations. Mr. Hynde explained the reasons for the application, assured Council that the proposed use would not be an outdoor type of use, and stated that retail commercial and restaurant uses were being considered. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. -4 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communications be received and adopted. Carried Unanimously. PD-89-153 - Chief Administrative Officer - Re: Zoning Amendment Application A~M- 28/89, Frank Miele; 6537 Kister Road, Lot 13, Falls Industrial Park. The report recommends the following: l) That Council support the requested Zoning By-law amendment permitting retail and service commercial uses to be provided on the subject site to serve the Falls Industrial Park, and that the maximum floor area for all the service commercial uses be limited to a maximum floor area of 840 sq.m (9042 sq. ft.); 2) That matters such as parking, landscaping, signage, lighting, grading, etc., be addressed throngh Site Plan Control; 3) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. Communication No. 368A (HANDOUT) - Ministry of Food &Agriculture - Re: Zoning Amendment Application AM-28/89, 6537 Kister Road. The communication advises that the Ministry has no objections to the rezoning. - ~JID - Communication No. 368B (HANDOUT) - Ministry of the Environment - Re: Zoning Amendment Application AM-28-89. The communication advises that the Ministry will be unable to support the application without assurance regarding sanitary sewage flows. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure would be similar to the previous applications. The Deputy Clerk stated that the lands were located on the northwest corner of the intersection of Kister Road and Don Murie Street, Falls Industrial Park, being 6537 Kister Road; and that the Notices of the Public Meeting were forwarded on September 15th, 1989, by First Class Mail, 31 days ago. His Worship Mayor Smeaton indicated the presence of Mr. Frank Miele, applicant; and received a negative response to his request for a show of hands from persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Deputy Clerk prior to leaving the meeting. 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-89-147: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. He responded to questions raised regarding limiting the floor area, and guidelines for future applications. His Worship Mayor received a negative response to his request for comments from anyone in support of, or opposed to the application. Mr. Frank Miele indicated that he did not wish to comment. The Director of Buildings & Inspections replied to questions raised with respect to control and enforcement of site plans. In response to questions raised, the Director of Municipal Works advised that there was no impact anticipated on the sawage system in the area. The Director of Municipal Works responded to questions raised regarding the impact on the sewage system in the area· He advised that no impact was anticipated. -5 - 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 Campbell, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Aldenan Orr, that the communications be received and filed. Carried Unanimously. PI}-89-155 - Chief Administrative Officer - Re: Official Plan Amendment Application No. 185, River Realty Development (1976) Inc.; East side of Montrose Road, Lot 3 & Part of Lot 4, Registered Plan 147. The report recommends the following: 1) That Council adjourn the hearing to enable: (a) an Official Plan and Zoning By-law amendment application to be considered simultaneously; and (b) an Engineer's report to be submitted pursuant to the Municipal Works Department's comments. 2) That a tentative Public Meeting be scheduled for November 27th, 1989, subject to agreement by both River Realty Development and Thorstone Properties, to consider their respective development proposals simultaneously. -AND - Communication No. 369A - V.F. Famratori, Solicitor - Re: PD-89-133, Zoning By- lawAmendment AM-18/89; OPA No. 185/89; Application by River Realty Development (1976) Inc. for Official Plan Amendment. The communication requests the opportunity to address Council prior to commencement of the Public Meeting, in order to suggest that the Hearing be adjourned. -AND- Communication No. 369B (ILadDOUT) - Ministry of Agriculture & Food - Re: OPA No. 185, Lot 3 & Part Lot 4, R.P. 147, Pt. of Twp. Lots 62 and 71, Former Township of Stamford. The communication advises that the Ministry has no objections to the application. -AND- Communication No. 369C HANDOUT) - Regional Niagara Planning & Development Department - Re: OPA 185, Lot 3 & Part Lot 4, Registered Plan 147, Lots 62 & 71, Township of Stamford. The communication advises that "the proposed development may satisfy the Regional Policy Plan, as it is within the Urban Area Boundary for the City of Niagara Falls". It is further states that the proposal is much greater in magnitude and would occupy a much larger acreage; would reduce lands available for affordable housing by 30 acres; expresses concerns regarding compensation for the loss of housing in future developments; and questions the targeted density and number of housing units. The communication advises that the Regional Public Works Department is in the process of reviewing the proposal· -AND- Communication No. 369D (HANDOUT) - Niagara Region Development Corporation - Re: Proposed Mount Cannel Shopping Centre. The communication "supports a large scale commercial development at this location" because of "Job creation" and development in the "corridor between St. Catharines/Thorold and the City of Niagara Falls". His Worship Mayor Smeaton referred to the communication from Mr. Muratori, requesting permission to speak prior to the commencement of the hearing, and advising that an adjournment would be requested; and indicated that the applicant was in agreement, providing it was the wish of Council members. Mr. Branscome confirmed agreement, but stated that they were prepared to proceed, and requested that any adjournment of the application be made to a definite date. Mr. Branscombe, River Realty Development (1976) Inc.; and Mr. V.F. Muratori, Solicitor for Thorstone Properties, were in attendance. -6- His Worship Mayor Smeaton requested the direction of Council members regarding the action they wished to take in this matter. Alderman Hopkins declared a conflict of interest because the firmwith which he is employed has a business involvement north of the subject lands. Alderman Ward declared a conflict of interest because he is a shareholder of property with which the Solicitor for Thorstone Properties is involved. Following a discussion, it was moved by Alderman Cheesman, seconded by Alderman Campbell. that the matter be tabled to November 27th, 1989, or as soon as possible thereafter. The motion was Defeated with Aldermen Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cheesman, Harrington and Janvary. NAYE: Mayor Smeaton and Aldermen Cowan, Cummings, err and Sherat. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the matter be tabled to November 27, 1989. The motion Carried with Aldermen Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Cheesman, Cowan, Harrington, Janvary, err, and Shetar. NAYE: Aldermen Campbell and Cummings. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the communications be received and filed. Carried Unanimously. PD-89-144 - Environmental Planning &Greening Committee - Re: Reverse Lot Frontage Interim Guidelines. The report recommends the following: 1) That Council endorse the attached interim guidelines for reverse lot frontage; and 2) That Staff be directed to incorporate these interim guidelines into the revised Subdivision Policies. His Worship Mayor Smeaton expressed appreciation to Alderman Hopkins, Chairperson, and the Environmental Planning & Crooning Committee for the report. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. P1)-89-145 - Environmental Planning &Greening Committee - Re: The Greening Plan for the City of Niagara Falls. The report recommends the following: 1) That the Council receive the attached draft of the Crooning Plan for the City of Niagara Falls; 2) That the Draft Plan be circulated to various interested agencies and other parties for comment; 3) That a Special Meeting be set aside for a Staff presentation on the Plan, and for discussion of the proposed goals, policies and action plan on Monday, October 30, 1989, at 4:00 p.m., in the Council Chambers; and 4) That representatives from the commenting agencies be invited to this Special Meeting. His Worship Mayor 8meaton expressed appreciation to Alderman Hopkins, Chairperson, and the Environmental Planning & Crooning Committee for the report. ORDERED on the motion of Alderman Cununings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. COI~UNICATIONS No. 370 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report for July and August 1989. The communication attaches Report No. DEP-2995. - 7 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 371 - Regional Niagara Office of the Clerk - Re: Regional Uniform Traffic By-law 89-2000. The communication provides confirmation of approval of the by- law and attaches correspondence received from the Ministry of the Attorney General pertaining to set fines. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimouslv. No. 372 -Municipality of Tarbutt & Tarbutt Additional - Re: Municipal Services in English. The communication attaches a resolution regarding the subject matter and Township By-law 16-89, for review and support. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the resolution of the Municipality of Tarbutt & Tarbutt Additional concerning the use of English as the official language in carrying out the programs and the work of the Corporation be supported. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Janvary, err, Sherar and Ward. NAYE: Aldermen Cheesman, Harrington and Hopkins. No. 373A - Minister of Agriculture & Food - Re: "World Food Day". The communication asks that October 16th, 1989, be recognized as "World Food Day". -AND - No. 373B - Ontario World Food Day Coordinating CoEmittee - Re: Proclamation. The communication asks Council to proclaim October 16th, 1989, as "World Food Day". It was noted that the proclamation request was for this date, and suggested that the matter should be placed on file for action in future. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously. No. 374 - Ontario Society of Occupational Therapists (OSOT) - Re: Proclamation. The communication requests that Council proclaim October 23rd to 30th, 1989, as "National Occupational Therapy Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously. No. 375 - AIDS Committee of Niagara - Re: Proclamation. The communication asks Council to proclaim the week of October 16th to 22nd, 1989, as "AIDS Awareness Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously. No. 376 - Alde~n Harrington - Re: Proclamation. The communication asks that Council proclaim October 18th, 1989 as "Persons Day". ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, that the request be approved subject to established policy. The motion Carried with the following vote: AYE: Mayor Smeaton and Aldermen Campbell, Harrington, Hopkins, Janvary and Ward. NAYE: Aldermen Cheesman, Cowan, Cummings, err and Sherar. No. 377 - Canadian Hockey League - Re: News Release. The communication announces the appointment of Jim Price as Director of Information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. 8 No. 378 - Niagara Peninsula Conservation Authority - Re: Public Information Session - Welland River Flood Risk Maps. The communication advises that a Public Information Session has been scheduled for Tuesday, October 17th, 1989, at the Welland Public Library. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 379 - Vito Cuviello - Re: Bocci Ball Courts - Municipal Park, Block "A", East Side of Pettit Avenue. The communication asks Council to consider a previous request for Bocci Ball Courts in the subject area. Mr. Vincent Cuviello, 5913 Church's Lane, addressed Council on behalf of his father, Vito Cuviello, who was in attendance. He referred to a previous request for Bocci Ball Courts, and asked that consideration be given to this matter. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the communication be referred to the Parks & Recreation Department and Recreation Commission, and subsequently to the 1990 Budget considerations. It was further recommended that Mr. Cuviello be notified of the meeting to discuss the matter. Carried Unanimously. No. 380 (HANDOUT) - Larry Boese, The Landcorp Group - Re: Development Opportunities & Procedures. The communication refers to a Special Meeting held September 18th, 1989, regarding the subject matter, and suggests that Council consider the establishment of a Liaison Committee to review prospects for balancing opportunities, developing methods and providing recommendations for adoptlon by Council. ORDERED on the motion of Aiderman Cheesman, seconded by Alderman Harrington, that the communication be referred to the BILD Committee. Carried Unanimously. REPORTS CD-89-68 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Grand-View River Estates; File No. 26T-89022 - Owners: Frank Franze & Partners. The report recommends that the City Clerk be authorized to process the application for the Grand-View River Estates Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. His Worship Mayor Smeaton reviewed the traditional procedure to be followed with respect to the Public Meeting. He noted the presence of the proponents, Mr. Frank Franze and Gino Giallonardo. Mr. Franze discussed the difficulty in locating a suitable location, and the "excellent response from the public". He responded to questions raised with respect to buildings in the subject area and Health Department recommendations. There was a negative response to Mayor Smeaton's request for comments from others present who were interested in the matter. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. C1)-89-69 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Ascot Woods Ext. No. 4; File No. 26T-89018 - Owners: Ascot Woods Ltd. (Mr. Brian Sinclair). The report recommends that the City Clerk be authorized to process the application for the Ascot Woods Ext. No. 4 Subdivision and that a report be prepared for Council's further consideration of this plan, based on technical informatioln received, public input, etc. His Worship Mayor Smeaton advised that the procedure would be as in the previous proposal. It was noted that Mr. Brian Sinclair was in attendance. Alderman Cummings declared a conflict of interest because the company with which he is employed was involved in the noise study. 9 Mr. Sinclair reviewed the subject lands, and adjoining lands, as well as the proposal, including lot sizes, proposed single family and semi-detached dwellings, future apartment building and parkland. He referred to noise barriers as "something we will have to deal with", expressed the view that the proposed plan was a logical one that blended with adjacent property. Mr. Sinclair responded to questions raised regarding the proposed housing units, apartment, neighbourhoed park, and noise study. His Worship Mayor Smeaton asked Alderman Cheesman to preside as Chairman and retired from the Chambers at 8:40 p.m. The Director of Planning & Development responded to questions raised with respect to planning for areas of suburban growth. The following interested residents were in attendance: Peter Visca, 7783 Trackview Street; Mario Daniele, 7802 Trackview Street; Cathy Robertson, 7803 Trackview Street; Tim Prociuk, 7793 Trackview Street; Ernie Welke, 7822 Trackview Street; and Sandra Sanders, 7792 Trackview Street. These names were submitted to the Deputy Clerk. His Worship Mayor Smeaton returned to the Council Chambers. Mrs. Sandra Sanders addressed Council on behalf of the residents, expressing concerns with regard to the proposed semi-detached housing and apartment building, and decreased parkland, with subsequent devaluation of property values. She stated that it would appear the current residents of the adjoining subdivision had received misleading information from real estate agents representing Rossi Homes, at the time of their purchase. The Director of Planning & Development discussed the current zoning, which provides for higher development residential use, with the exception of a commercial outlet. He explained the provision of policies and guidelines under the Secondary Plan. His Worship Mayor Smeaton advised that the concerns of the residents would be noted in the minutes and considered again at a later date. He expressed the opinion that the real estate people should be contacted regarding the concerns mentioned. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, 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. His Worship Mayor Smeaton returned to the Chair at 9:03 p.m. CD-89-72 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Mountaingate Estates, Phase 2; File No. 26T-89012. The report recommends that the Mountaingate Estates, Phase 2 Subdivision, be approved subject to the conditions enumerated in this report. Mr. Eric Henry, agent for the developer asked that the application be approved, and responded to questions raised. His Worship Mayor Smeaton indicated that the developer was in attendance. He received a negative response to his request for an indication of persons present who wished to comment on this matter. .... 10 - 10 - ORDERED on the motion of Alderman Ward, seconded by Alderman Cheesman, that the report be received and adopted, Carried Unanimously. HR-89-14 - Chief Administrative Officer - Re: Employee Suggestion Awards. The report recommends that the suggestions submitted by City Employees, as outlined in the report, be accepted and awards granted. During the discussion, it was suggested that the facilities for recycling in the City buildings be reviewed and action taken. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and awards granted. Carried Unanimously. MW-89-205 - Municipal Works Commi tree - Re: Committee Report: Improvements to Rural Watercourses Using the Drainage Act. The report recommends the following: 1) That the City proceed with their approval process for the improvement of Rural Watercourses under the Drainage Act Process; and 2) That the Municipal Works Committee Meeting of Monday, November 20th, 1989 be convened at the Willoughby Town Hall on Sodom Road, and that the affected assessed landowners be invited to attend for Public input. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-89-206 - Chief Administrative Officer - Re: 1989 Capital Bddget Debenture By-law for Proctor & Redfern's Recommended Stage 3 of the Flood Relief Works in the Westlane/Westwood Area. The report recommends that the above noted debenture by-law, appearing on tonight's agenda, be passed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 89-262. ldW-89-207 - Chief Administrative Officer - Re: Contract G.C. 26-89 - Watermain Installation on the Haulage Road, and Sanitary Sewer Installation on Gore Street. The report recommends that the unit price submitted by the low tenderer, Provincial Construction Limited, be accepted and the contract be awarded to this firm, subject to the following: 1) Receiving Ministry of Environbment approval of the w~ter and sewer installation for this project; 2) That Part "B", Gore Street, be awarded, conditional upon receiving the additional funding of $3,118.46 from the developer, by October 20, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 89-261. MW-89-208 - Chief Administrative Officer - Re: Composting Pilot Project. The report recommends that this advisory report be received and filed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. NW-89-209 - Municipal Worm Committee - Re: Committee Report: 'Service Centre · Improvements. The report recommends that Chapman Murray Architects be authorized to proceed with the preparation of tenders for Service Centre Improvements. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with the following vote: -11 - AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Harrington, Hopkins, Janvary, err and Ward. NAYE: Alderman Sherar. B-89-78 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Parking Area for Micron Installations Ltd.; 5429-5439 McRae Street, AM-19/89, By-law 89-259. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed parking area, and the site plan being drawing Number SP-1, and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 12th, 1989, and that such approval be subject to the conditions contained in the report. Alderman Cummings declared a conflict of interest because a member of his family owns property in the area. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. B-89-79 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for September 1989. The report provides information regarding Permits Issued and Highlights for September 1989, as well as October Proposals, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted. Carried Unanimously. B-89-80 - Loan Review Committee - Re: O.H.R.P. Loan, Plan 215, Lot 72, Part Lot 73. The report recommends that Council approve the application for the Ontario Home Renewal Program, Loan No. 2625000822. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Ca rried Unanimously. B-89-81 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Five Storey Hotel Development; N/W Corner Lundy's Lane & Montrose Road, AM-38/88, By- law 88-317 & A-15-88. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Hotel Development, and the site plan being drawing Number 1, and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 10, 1989, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman err, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. R-89-34 - Recreation Commission - Re: Revised Policies Regarding the Scheduling of Municipal Parks and Athletic Fields. The report recommends that the attached revised policies regarding the Scheduling of Municipal Parks and Athletic Fields be approvedc. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. F-89-45 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $11,152,335.67 for the period ending October 16th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 51873, because the organization is a client. AIdermen Cummings and Shore declared conflicts of interest on Cheque No. 51961 because it is the firm with which they are employed; and conflicts of interest on Cheque No. 52075 because their employer is involved. Aideman Orr declared a conflict of interest on Cheque No. 51738 because she is employed by the College. .... 12 - 12 - ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings, Shetar and err abstaining from the vote on Cheque Nos. 51873, 51961, 52075 and 51738 respectively, on conflicts of interest previously recorded; with Alderman err voting contrary on Cheque No. 51879; and with all others voting in favouro See By-law No. 89-263. F-89-46 - Chief Administrative Officer - Re: 1989 Debenture Issue. The report recommends that Council pass the Resolution appearing on this evening's agenda requesting the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as set out in the attached schedule. Alderman Janvary declared a conflict of interest because a member of her family lives on Amelia Crescent. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. See Resolution No. 61. CD-89-73 - Chief Administrative Officer - Re: Niagara District Airport - Renewal of Municipal Agreement. The report recommends the following: 1) That Council pass the by-law appearing later on this evening's agenda, authorizing the Mayor and Clerk to sign the Municipal Agreement with the City of St. Catharines, City of Thorold and Town of Niagara-on-the-Lake, respecting the Niagara District Airport; That such approval be subject to similar approvals being given by the Councils of St. Catharines, Thorold and Niagara-on-the-Lake. During the discussion, Staff was asked to work out a convenient payment schedule in conjunction with Airport Commission, and submit a report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 89-260. C-89-37 - Chief Administrative Officer - Re: Possible Use of Passive Park Area - Westerly Extremity of Valley Way. The report recommends that a Public Meeting be convened in order to allow residents of the Valley Way/Balmoral Avenue area, an opportunity to comment on the possible development of the passive park area at the westerly extremity of Valley Way. AIderman Hopkins declared a conflict of interest because the firmwith which he is employed is involved. Mr. R.J. Matthews, O.L.S., Mr. Brian McKeown, representing the Stamford Kiwanis, and Mr. Bernardo Visca, adjoining landowner, were in attendance. Mr. Matthews discussed the subject lands and proposed development in detail with the assistance of posted sketches, and responded to question raised. Mr. McKeown replied to questions raised with respect to the relocation of the YWCA, and the passive park. ORDERED on the motion of Alderman Ward, secondted by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict ~f interest previously recorded, and with the following vote: -13- AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Janvary, err, Sherar and Ward. NAYE: Alderman Cowan. RESOLUTION No. 61 - CU~INGS - WARD - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for, or authorized the commencement of all works herein listed: Authorizing O.M.B. Financing Retirement By-law Number Number Request Term 85-216 E851500 87-245 E871489 87-251 E871491 84-294 E850019 88-121 E880740 88-237 E881339 86-250 E861306 86-237 E861246 86,000 234 000 100 000 130 000 260 000 180 000 350 000 190 000 10 years 10 years 10 years 10 years 10 years 10 years 10 years 10 years ; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-258 - A by-law to amend By-law No. 79-200, as amended. (R. Lefebvre AM-19/89; PD-89-114 approved by Council 1989 08 14). No. 89-259 - 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. (R. Lefebvre AM-19/89). No. 89-260 - A by-law to authorize the execution of an agreement respecting the Niagara District Airport. No. 89-261 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for watermain installation on Haulage Road and sanitary sewer installation on Gore Street. No. 89-262 - A by-law to authorize the construction of trunk relief sanitary sewers as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 89-263 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cummings, err and Sherar abstaining from the vote on By-law No. 89-263, on conflicts of interest previously recorded under Report No. F-89-45; with Alderman err voting contrary on By-law No. 89-263 as previously recorded under Report No. F-89-45; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the following by-laws be now read a second and third time~ - 14 - No. 89-258 - A by-law to amend By-law No. 79-200, as amended. (R. Lefebvre AM-19/89; PD-89-114 approved by Council 1989 08 14). No. 89-259 - 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. (R. Lefebvre AM-19/89). No. 89-260 - A by-law to authorize the execution of an agreement respecting the Niagara District Airport. No. 89-261 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for watermain installation on Haulage Road and sanitary sewer installation on Gore Street. No. 89-262 - A by-law to authorize the construction of trunk relief sanitary sewers as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 89-263 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cummings, 0rr and Sherar abstaining from the vote on By-law No. 89-263, on conflicts of interest previously recorded; with Alderman Orr voting contrary on By-law No. 89-263 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Great Lakes System/Health Hazard - Alderman Campbell expressed concerns regarding a recent newspaper article containing information from the Ministry of the Environment that there was no scientific proof that the Great Lakes had a detrimental affect on health. He stated that scientific studies had shown that a relationship did exist, and further, that a recent newspaper report by the Health Council had indicated that the level of cancer in Niagara Falls was statistically higher than the rest of Canada as a whole. His Worship Mayor Smeaton agreed to draft a letter of concern regarding the article to the Ministry. Trailer Park/Mewburn Road - Alderman Sherat referred to complaints he had received regarding conditions at the trailer park on Mewburn Road. He was advised by Mayor Smeaton and the Director of Buildings & Inspections that the Health Department, Niagara Escarpment Commission and the City were concerned, that charges had been laid and a Court Hearing was pending on the matter. His Worship Mayor Smeaton advised that a report would be submitted to Council with comments from the City Solicitor. Plan of Subdivision, Coventry Park - Alderman Harrington referred to a townhouse development in the aforementioned area, and suggested monitoring of the development by Council and concerned citizens. ITi~IS OF INTEREST: Ninistry of A~riculture & Food - Alderman Ward referred to the communications received from the subject Hinistry with respect to rezoning applications. He was advised that this Hinistry had submitted comments in the past and would continue to do so in the future, - 15 - It was moved by Alderman Cummings, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.C. WAGG, DEPUTY CITY CLERK FORTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 October 23, 1989 Council met on Monday, October 23rd, 1989, at 6:30 p.m,, in Committee of the ~ole. All members of Council, with the exception of Alderman Puttick who was on vacation, and Alderman Sherar, 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 October 23, 1989 Council met on Monday, October 23rd, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Puttick who was absent on vacation, and Alderman Sherar, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins offered the following Opening Prayer: "Dear Lord, we seek Thy guidance in our deliberations and hear Thy word in the gospel of James, 'Everyone should be quick to listen, slow to speak and slow to become angry', Amen". ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the minutes of the meeting held October 16th, 1989, be adopted as printed. Carried Unanimously. PRESENTATIONS RECOGNITION AWARDS: His Worship Mayor Smeaton congratulated and presented Recognition Awards for Acts of Bravery to Cyndi Anslow for the rescue of a motorcyclist, from the Welland River on June 24th, 19891 and to Darren Van Der Lee and Nathan Fagan, for assisting in the rescue. TROPHY - GRAPE & WINE FESTIVAL PARADE: His Worship Mayor Smeaton congratulated and presented the Niagara Grape & Wine Festival Trophy to Mrs. Lucille Milston, who rode on the City Float at the Grape & Wine Festival Parade, with other representatives of the Grandtimers Baseball Team. UNFINISHED BUSINESS 1990 NIAGARA TRANSIT BUS PURCHASE: Communication No. 381 - O. Prata, Chairman, Niagara Transit - Re 1990 Niagara Transit Bus Purchase· The communication provides information regarding the purchase of two forty foot buses, and advises that the purchase will be included in the Niagara Transit 1990 Budget. - 2 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and referred to the 1990 Budget discussions. Carried Unanimously. NIAG/~tA DISTRICT AIRPORT ASSOCIATION: Report No. C-89-38 - Chief Administrative Officer - Re: Payment of Annual Allocation, Niagara District Airport Association. The report recoramends that the City's annual payment to the Niagara District Airport Commission be made in accordance with the agreement authorized by By-law 89-260, and that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 382 - Regional Niagara Pnblic Works Department - Re: Construction Progress Report to September 30, 1989. The communication attaches Report DEP-2999 for informational purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 383 - The Royal Canadian Legion (Branch 396) Re: Annual Chippawa Remembrance Day Parade & Service - Sunday, November 5, 1989. The communication requests a Parade Permit. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the request be approved. Carried Unanimously. No. 384 - The City of Orillia - Re: The French Language Services Act, Bill 8. The communication asks Council's support of a resolution in opposition to Bill 8 because of enforced Bilingualism. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the resolution be supported. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Hinsperger, Janvary, Orr, and Ward. NAYE: Aldermen Harrington and Hopkins. No. 385 - Bill LaForge, G.M./Coach, Niagara Falls Thunders- Re: Parking Lot - Education Fund. The communication expresses appreciation of the opportunity to raise money for their Education Fund by taking care of the parking lot at the Niagara Palls Memorial Arena, and asks permission to operate the parking lot again during the coming year. It was moved by Alderman Cummings, seconded by Alderman Janvary, that Council indicate its approval of the request. During the discussion that followed, it was indicated that the Parking & Traffic Committee should be given the opportunity to consider the matter. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the matter be tabled. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Harrington, Rinsperger, Hopkins, Janvary, Orr, and Ward. NAYE: Aldermen Cheesman and Cummings. No. 386 - Niagara Falls, Canada, Visitor & Convention Bureau - Re: Festival of Lights. The communication requests a t~mporary road closure of Clifton Rill on November 25th, 1989. ORDERED on the motion of Alderman Harrington, seconded by Alderman Ward, that the request be approved subject to other authorities. Carried Unanimously. -3 - No. 387 - Postal Service, Customer Council Canada - Re: The Huron Region Postal Service Customer Council. The communication explains the functions of the service and attaches information regarding Complaints Processing. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. REPORTS B-89-74 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Mufflerman Shop; N/S McLeod Rd., West of Dorchester Rd. The report recoxmnends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Mufflerman Shop, and the site plan being drawing Number SP-1, and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 13, 1989, and that such approval be subject to the conditions contained in the report. His Worship Mayor Smeaton noted that the proponent, Mr. Fred Boychuk, 7111 Ridgewood Crescent, was in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD-89-150 - Chief Administrative Officer - Re: Carmel Neighbourhood Park. The report recommends the following: 1) That Council consider a land exchange with Mr. A. DiGiorgio to reduce the amount of land required to be purchased in completing the Cannel Neighbourhood Park; 2) That Council instruct Staff to negotiate the purchase of the balance of the lands from Mr. DiGiorgio, at an appraised value, to complete the Carmel Neighbourhood Park. Communication No. 388 - Brian Sinclair, Solicitor - Re: PD-89-150, Carmel Neighbourhood Park. The communication attaches correspondence regarding the exchange of lands with the City of Niagara Falls, and requesting permission to approach Council regarding this matter. Mr. Brian Sinclair, Solicitor; and Mr. Anthony DiGiorgio, were in attendance. Mr. Sinclair referred to the proposed exchange of lands to accommodate both the City and Mr. DiGiorgio, and indicated that time was not a factor in this instance. A discussion followed regarding the necessity of geological testing of the subject lands which had previously been used as a landfill site; and the possibility of the City rezoning and selling the lands if found to be environmentally safe. It was suggested that the matter be deferred, and information recirculated, with further discussion between the principles and Staff. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cummings, that the matter be tabled for one week. Carried Unanimously. FD-89-05 - Chief Administrative Officer - Re: Roof Replacement - Station #4, (Chippawa). The report recommends that the firm low tendered price of $24,429.00 from Pec Roof Maintenance of St. Catharines be accepted, to provide a new roof at Station No. 4. Alderman Cummings declared a conflict of interest because his place of employment is involved. ORDERED on the motion of Alderman Cheesman, seconded by Aldermall 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. -4- HR-89-15 - Chief Administrative Officer - Re: United Way Incentive Program for Civic Employees. The report advises that for the 1989 Campaign, the Incentive Program will consist of cash donations by both C.U.P.E., Local 133, and the Niagara Falls Professional Fire Fighters' Association; and recommends that Council approve an extra five days' vacation for the winners of the two draws of the City's 1989 United Way Incentive Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-89-213 - Chief Administrative Officer - Re: Tender for Supply, Treatment and Stockpiling Winter Sand - 1989-1990 Winter Season. The report recommends that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Vineland Quarries & Crushed Stone Limited, for the unit prices tendered by this company. .ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cowan, Cummings, Harrington, Hinsperger, Janvary, 0rr and Ward. NAYE: Alderman Hopkins. MW-89-214 - Chief Administrative Officer - Re: Tenders for Rental of Snow Removal Equipment for 1989-1990 Winter Season. The report recommends that the tenders received from: 1) Montgomery Bros. Construction, for the rental of two (2) 4-wheel drive front-end loaders and one (1) truck plow; 2) Modern White Line Ltd., for the rental of one (1) 4-wheel drive front-end loader; 3) L. Walter & Sons Excavating Ltd., for the rental of one (1) 4-wheel drive front-end loader and one (1) grader; 4) Pizzi General Contracting for the rental of two (2) graders; 5) Modern Crane for two (2) 4-wheel drive front-end loaders; for the purpose of snow removal during the 1989-1990 winter season be accepted, at hourly rates shown on the tender summary sheet. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. NW-89-221 - Chief Adndnistrative Officer - Re: Amendment to City/TROW Ontario Limited Consulting Services Agreement for Sewer Grouting Rehabilitation Woxks on Dorchester Road. The report recommends that the by-law on tonight's agenda be passed, authorizing the Mayor and Clerk to execute the above-noted amended Agreement. During the discussion, concern was expressed regarding leakage from the temporary pipes on the Dorchester Road construction site. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 89-264. MW-89-223 (HANDOUT) - Municipal Works Committee - Re: Committee Report: Quotation for Diesel Rubber Tire Loader & Backhoe. The report recommends that the quotation submitted from the firm of A.H. Van Camp Equipment Ltd., for a diesel rubber tire loader and backhoe, in the amount of $43,258.74, be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the ~eport be received and adopted. Carried Unanimously. - 5 - F-89-47 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $7,003,803.61 for the period ending October 23rd, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 52110 because a member of his family is involved. Alderman Cunur, ings declared a conflict of interest on Cheque No. 52210 because he is a member of the Association. Alderman Hinsperger declared a conflict of interest on Cheque No. 51175 because he is a member of the organization, and on Cheque No. 52104 because has a pecuniary interest. Additional information was provided on Cheque No. 52245. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings and Hinsperger abstaining from the vote on Cheque Nos. 52110, 52210, 51175 and 52104 respectively, on conflicts of interest Previously recorded; with Alderman Cummings voting contrary on Cheque No. 52098; and with all others voting in favour. See By-law No. 89-265. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-264 - A by-law to authorize the execution of an agreement with TROW Ontario Limited respecting consulting services for sanitary sewer grouting repair work on Dorchester Road. No. 89-265 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cunuv{ings and Hinsperger abstaining from the vo6e on By-law No. 89-265, on conflicts of interest previously recorded under Report No. F-89-47; with Alderman Cummings voting contrary on By-law No. 89-265, as Previously recorded under Report No. F-89-47; 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. 89~264 -~A by-law to authorize the execution of an agreement with TROW Ontario Limited respecting consulting services for sanitary sewer grouting repair work on Dorchester Road. No. 89-265 - A by-law to provide monies for general purposes. The motion C__arried with Aldermen Campbell, Cummings and Hinsperger abstaining from the vote on By'law No. 89-265, on conflicts of interest Previously recorded; with Alderman Cummings voting contrary on By-law No. 89-265, as Previously recorded; and with all others voting in fayour. ITEM OF CONCERN: NEW BUSINESS Staff Seating in Council Chambers - Alderman Cummings referred to a complaint he had received from Staff regarding uncomfortable seating in the Council Chambers, and suggested that the Chief Administrative Officer be contacted to provide another chair. -6- ITEMS OF INTEREST: Volunteer Recognition Night - His Worship Mayor Smeaton advised that the Volunteer Award night was a success and commended the Parks & Recreation Department Staff. He stated that the event would be aired on TV on October 18, 23 and 25, 1989. Mayor Smeaton congratulated and expressed appreciation to Aldex~an Janvary, who was awarded the 1989 George McPhail Award for her contribution of outstanding volunteer service in recreation to citizens of Niagara Falls. New City Clerk - Alderman Cummings referred to the new City Clerk, special accoutrements in the Council Chambers. E.C. "Woody" Wagg, and his B.I.L.D. Committee - Alderman Harrington referred to a letter from Larry Boese, The Landcorp Group, and its referral to the B.I.L.D. Committee. She suggested that the concerns of other developers might be considered by the Committee. His Worship Mayor Smeaton discussed the involvement and interest of developers in Niagara Falls as well as outside the area, in the program. He stated that the Chief Administrative Officer would be submitting further information to Council with respect to the meeting of September-18th, 1989. Letterhead for Council Members - Alderman Harrington discussed the comments made by an Alderman in a letter written on City letterhead, and suggested that personal comments should not be made in this manner. During the discussion that followed, it was pointed out that an attempt had been made to have a special letterhead paper used by members of Council. The Clerk was asked to submit a report regarding this matter. It was moved by Alderman Campbell, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, · ',,~'~ SMEATON FORTY-THIRD MEETING REGULAR MEETING Council Chambers October 30, 1989 Council met on Monday, October 30th, 1989, at 7:30 P.m., fox- the purpose of considering regular business. All mcrabers of Council, with the exception of Alderman Ward who was absent on City business and Alderman Cbeesman who was absent because of health reasons, were present. His Worship Mayor Sraeaton presided as Chairman, and offered tile Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Aldernlan Cowan, that the minutes of the meeting held October 23rd, 1989, be adopted as printed. Carried Unanimeusly. PRESENTATIONS ACHIEVEMENT AWARDS - SPECIAL OLYMPICS - BOWLING TEAM: His Worship Mayor Smeaton congratulated and Presented Achievement Awards to the following members of the Specials Olympic Bowling Team who competed in the Regional Niagara Games and the Provincial Special Olympics Games: Beatrice Gillies, Crystal Bessey, Robert Allan and Harry Butler; and to Coaches Bonnie Brooks and Guy Prata. WELCOME His Worship Mayor Smeaton welcomed Alderman Puttick back from his vacation, and put on the jacket which had been presented to him at the unveiling of the new Hondas several weeks ago, to wear during this meeting. appreciation. He expressed his DEPUTATIONS DOWNTOWN REVITALIZATION/INTERSECTiON DESIGN FOR QUEEN ST., VALLEY WAY AND BUCKLEy AVENUE INTERSECTION: Report No. MW-89-229 _ Municipal Works Committee - Re: Committee Report: 1) That Council consider the submissions from Staff and the Downtown Revitalization Steering Committee concerning the intersection design for Queen Street/Valley Way/Buckley Avenue; and 2) That Council make a decision on the intersection design in order that it may be incorporated into the redevelopment plan. - AND - Report No. PD-89-158 - Downtown Revitalization Steering Committee - Re: 1989/1990 PRIDE Program, Valley Way/Queen Street/Buckley Avenue Intersection Improvements. The report recommends that the Downtown Revitalization Steering Committee proceed with the Preparation of a Community Improvement Plan which incorporates the intersection improvement known as Option 2 as part of the revitalization Programme. Mrs. Anna Cotfield, Chairman of the Downtown Board of Management, reviewed a handout communication from Downtown Niagara Falls, discussed Options 1 and 2 in connection with the intersection of Queen Street, Valley Way and Buckley Avenue, and stated that the Steering Committee had approved Option 2 as a continuation of the historic community entrance into downtown with a new aesthetically pleasing atmosphere and safety features without complications,,. 2 The Director of Municipal Works stated that the report was self-explanatory. The Projects & Parking Traffic Superintendent reviewed Options I and 2 with the assistance of posted sketches. He explained that the subject intersection was "skewed", and referred to 5 accidents having taken place at the intersection during the previous one and one-half years. During the discussion, the aesthetics of St. Patrick's Church facing Queen Street traffic, and the safety factor of right hand turns only for vehicular traffic were cousidered. ORDERED on the motion of Alderman err, seconded by Alderman Campbell, that Report No. MW-89-229 be received and filed; that Report No. PD-89-158 bc received and adopted, and Option No. 2 be approved. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cur~nings, ltinsperger, Hopkins, err, Puttick, and Shcrar. NAYE: Aldermen Harrington and Janvary. ItOMELESSNESS TASK FORCE/CO~ffiUNITY SUPPORT SERVICES: Communication No. 389 - Julie Darnay, Executive Director, Social Planning Council of Niagara Falls - Re: Niagara Falls Homelessncss Task Force, TIle communication expresses a wish to address Council. The following representatives of the Social Planning Council Board and Staff were in attendance: Mrs. Selena Volpatti, Past President; Alex Greaves, former Board Member and former Chairman of the Committee; Mrs. Julie Darnay, Executive Director; Sheila Robstock, Board Member and Chairman of the Committee; and Janice Wiggins, Researcher. Mrs. Volpatti reviewed information contained in the Homelessness Task Force report which was presented to Council in 1988, and discussed the need of appropriate housing for individuals who have been discharged from psychiatric wards and other facilities and wish to reside in Niagara Falls. She referred to the Canadian Mental Health Association Niagara South and Social Planning Council's recommendation for a "Clubhouse Model" to address concerns regarding socialization and life skills, as well as community education and the opportunity for dndividuals to participate in the self-rehabilitation process. Mrs. Volpatti advised that 16 agencies were represented, and asked the support of Council with regard to this project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the Social Planning Council receive the strong support of the City. It was further recommended that a letter be drafted through Mayor Smeaton's office, to be forwarded to the appropriate authorities, containing a reminder of Provincial commitments respecting health. Carried Unanimously. PLUMBING & PLLIMBING INSPECTIONS: Communication No. 390 - Cy McGuigan - Re: Plumbing & Plumbing Inspections. The communication asks permission to address Council on October 30th, 1989. Mr. McGuigan discussed his concerns regarding plumbing being performed by a handyman and inadequate inspection of plumbing in the City of Niagara Falls. He referred to his visit to the home of a couple in the City with Mr. Ron Miller, of the Ministry of Skills Development, Apprenticeship Branch, who had received calls of concern with respect to plumbing in the home. His Worship Mayor Smeaton asked Mr. McGuigan to submit to Staff, the names and addresses of the concerns to which he is referring, in order that an investigation might be made and a report submitted. Following further discussion, it was moved by Atderman Cowan, seconded by Alderman err, that Staff be directed to submit a report recommending a policy for a procedure to review complaint deputations by the appropriate department head prior to consideration by Council. The motion Carried with the following vote:- - 3 - AYE: Mayor Sraeaton and Aldermen Campbell, Cowan, Harrington, Hopkins and Orr. NAYE: Aldermen Cu~anings, Uinsperger, Janvary, Puttick and Sherar. UNFINISHED BUSINESS STATUS REPORT ON DORCUESTER ROAD: Report No. MW-89-228 (HANDOUT) - Chief Administrative Officer - Re: Status Report on Dorchester Road - Contract R.O.S. 1S-89 (COUNCII, ]9S'.~ I0 2~). Tl~e report provides information regarding the work schedule, and leaks occurring in the aboveground diversion piping; and recommends that this status report bc received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Jaovary, that the report be received aud adopted. Carried Uuanimously. PROCEDURE FOR SPECIAL OCCASION PERMIT REQUESTS: Report No. CD-89-77 - Chief Administrative Officer - Procedure for Special Occasion Permit Requests. The report recommends that Council approve the following procedure for Special Occasion Permits regarding Special Events: 1) All groups requesting a Special Occasion Permit for a Special Event shall complete and submit the prescribed fo~n to the Clerk's Department; 2) 3) The Clerk's Department will circulate the request to the Buildings & Inspections, Fire and Recreation Departments for conm~ent; Staff will submit the organization's request for Special Occasion Permit to Council with the recommendation that the request be approved or denied. Staff will provide pertinent information regarding the recommendation to Council, whether it be for approval or denial. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received aud adopted. Carried Unanimously. EXAMINATION OF "TILE NIAGARA EXPERIENCE - PLANNING FOR THE FUTURE": Report No. PD-89-159 - Mayor's Committee on llousing - Re: An Examinatiou of "The Niagara Experience - Planning for the Future, A Report on Group ltomes". The report reco~nends the following: 1) That City Council receive the comments of the Mayor's Committee on Housing pertaining to "The Niagara Experience - A Report on Group Homes", as contained in the attached report; 2) That City Council direct Staff to initiate an official plan amendment to guide the future establishment of group homes in the City; 3) 4) That City Council direct Staff to streamline zoning by-law requirements for group homes and to incorporate Homes for the Physically Disabled and Children~s Residences as permitted uses; That the Regional Municipality of Niagara Planning & Development Department and the Niagara Falls Social Planning Council receive a copy of this report. ORDERED on the motion of Alderman Harrington, seconded by Alderman ltinsperger, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. ~91 - PITCI!-iN, ONTARIO - Re: 1989 PITCtI-IN Week - May 7 - 13, 1990. The communication requests financial Participation in the amount of $900.00 and support to volunteers in the community. 4 -4 - ORDERED on the motion of Alderman Cun~ings, seconded by Alderman err, that the communication be received and referred to the 1990 Budget discussions. Carried Unanimously. No. 392 - The Niagara Falls Pirates - Re: 8th Annual Hockey Tournament - March 22 - 25, 1989, Stamford and Jack Bell Arenas. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the request of The Niagara Palls Pirates for a Special Occasion Permit in conjunction with the 8th Annual Hockey Tournament on March 22nd, 23rd, 24th and 25th, 1989, at the Stamford and Jack Bell Arenas, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department, and the Liquor Licensing Beard ef Ontario. Carried Unanimously. No. 393 - Office of Consolidated Hearings - Re: Notice of Public Hearing - O.W,M.C., November 23, 1989, Old Farm Inn, Smithvillc. The communication advises of the aforementioned Public Hearing. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the communication be received and filed. Carried Unanimously. No. 394 - Town of Fort Erie - Re: Market Value Assessment Region Wide. The communication asks Council to endorse a resolution not to support Market Value Assessment. ORDERED on the motjou of Alderman err, seconded by Alderman Hinsperger, that the communicatiou be received and filed. The motion Carried wfth the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Bopkins, Janvary, Orr, Puttick and Sherat. NAYE: Alderman Herrington. No. 395 - Niagara District Airport - Manager's Report - September 1989. The communication provides statistical date and information with regard to activities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowaa, that the communicatinn be received and filed. Carried Unanimously. No. 396 - FOOD IRRADIATION ALERT - Re: Banning Food Irradiation. The communication attaches a copy of a Declaration holding grocers and governments responsible for adverse health effects, and requesting the support of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 397 - Regional Councillor Brian Merrett - Re: 911 Emergency Telephone System. The communication attaches a report from the 911 Management Board, advises that the system has been operating satisfactorily since April 28th, 1989, and offers to present an update on the 911 system or arrange tours of the 911 Central Answering System for Council, Staff and other interested organizations. Mayor Smeaton referred to Regional Councillor Merrett's invitation to Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously. No. 398 - Melon M. Oberlein - Re: Bill 8. The communication expresses concern regarding the costs, both monetary and human, of instituting and maintaining French language services in Niagara Falls, and asks Council's consideration of this matter. It was moved by Alderman Harrington, seconded by Alderman Hopkins, that the communication he received and filed. The motion was Defeated with the following vote: - 5 - AYE: Aldermen Herrington, Hopkins and Janvary. NAYE: Aldermen Campbell, Cowau, Cummings, Hinsperger, err, Puttick and Sherat. ORDERED on the motion of Aldcrmae Cummiugs, seconded by Alderman Shcra~, that a letter be drafted to the Proviece, through Mayor Smcaton's office, voicing the concerus of this Municipality with respect to tin- ~:nplemt~ntation of Bill 8. in terns of increased cost, as well as the general concern of Couucil and the citizens of Niagara Falls. The motion Fartied with the f~llowing vote: AYE: Aldermeu Campbell, Cowan, Cummiugs, Hinsperger, Hopkins, Jauvarv, Orr, Puttick and Sherat. ' NAYE: Aldermau Herrington. No. 399 - The Optimist Club - Re: Proclamation. The communication asks Council to proclaim the week of November 12th to 18th, 1989, as "Youth Appreciation Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman tiarrington, that the request be approvcd subject to established policy. Carried Unanimously. No. 400 - V.F. Muratori, Solicitor - Re: PD-89-133, Zoning Amendraent ~M-18./89 & OPA No. 185; AND PD-89-155 & OPA No. 185. The communication refers to the Council meeting held oe October 16th, 1989 and Mr. Muratori's request to address Council "prior to commencement" of the meeting and advises that the meeting to be held November 27th, 1989, does not give sufficient time to follow procedures under the Planning Act, 1983. Alderman Hopkins declared a conflict of interest. because the firm with which he is employed has a business involvement north of the lands involved. ORDERED on the motion of Alderman Orr, seconded by Alderman Herrington, that the conm~unicatjon be received and filed. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 401 - EricaCornell & Petition from Concerned Citizens - Re: "Nightmare on Elm Street" Game. The co~nunication expresses concerns regarding the aforementioned game, and asks Council to address these concerns. ORDERED on the motion of Alderman Cu~ings, seconded by Alderman Hinspergcr, that the Municipality investigate ways to address the concerns raised in the correspondence. Carried Uuanimously. REPORTS R-89-36 (HANDOUT) - Chief Administrative Officer - Re Agreement for the Use of Firehall Theatre. The report recommeuds that Council approve the by-law appearing on this cvening's agcnda to authorize the execution of an agreement with the Niagara Falls Music Theatre Society for the use of the Firehall Theatre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 89-269. R-89-37 - Government & Civic Committee - Re: Sports Wall of Fame. The report recommends that the first annual induction ceremony for the Sports Wall of Fame take place on Sunday, January 14th, 1990, at 2:00 p.m., at the Niagara Falls Memorial Arena. His Worship Mayor Smeaton commended Alderman Janvary on a "fine job", ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. -6- PD-89-160 - Chief Administrative Officer - Re: Regional Policy Plan Amendment No. 41, Urban Area Boundary Expansion, City of Niagara Falls; Doug Petrie, Oakwood Drive, South of Chippawa Creek Road. The report recommends the following: 1) That Staff bc directed to inform the Regional Planning & Development Department that the City has no objections to the expansion of the urban area boundary to include the subject property; 2) That the Regiou bc advised that other lands in the immediate vicinity have also been excluded from the urban area boundary and, as a matter of good housekeeping, the Region might wish to have these lands recognized as part of the urban area boundary amendment; 3) That the detel~ination of urban land nsc be made through the consideration of Official Plan and Zoning By-law amendment applications, without prejudice. During the discussion, it was suggested that the Regional Municipality of Niagara and the developer be made aware of the delay in development because of the servicing issue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-89-70 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision, Coventry Park; File No. 26 CD 89007(1); Owner: Coventry Park of Niagara Limited, Robert J.L. Laurencc, President. The report recommends that Coventry Park Condominium Subdivision be approved subject to the conditions enumerated in this report. Alderman Hopkins declared a conflict of interest because the firm with which he is employed is involved. Mr. Paul Heath, Solicitor for the applicant; the President, Robert J.L. Laurcnce; and Joan Larocque, O.L.S., were ill attendance. Mr. Heath reviewed actions taken with respect to the subject property, discussed the type of owuership for the housing units, referred to the concerns raised by residents which had been addressed by the site plan, and stated that the development had uot yet been completed. He discussed the unavoidable inconvenience to neighhours, and the intent of the applicant to proceed with landscaping and planting of trees, as well as fencing. Mr. Heath suggested that if approval of the condominium process was granted, the individual owners would ensure compliance to the obligations. ~ A discussion followed regarding owner occupation, and Council was advised that the first 18 units had been sold for individual ownership, and the balance of 102 units had been sold to a promoter in Toronto, for rental purposes. ORDERED on the motion of Alderman err, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recerded, and with all others voting in favour, CD-89-75 - Chief Administrative Officer - Re: Mansions of Forest Glen, File No. 26 CD 87017; Revised Plan of Condominium (formerly known as Forest Glen Estates). The report recommends that the Ministry of Municipal Affairs be advised that the revised plan of condominium, now known as the "Mansions of Forest Glen", containing two five-storey buildings of 152 units in total, is acceptable to the City, subject to the conditions enumerated in this report. Mr. Brian Sinclair, Solicitor, was in attendance to respond to questions raised. He expressed the intention of maintaining as many trees as possible, advised that the land was an 8 acre parcel located in the flood plain, with many trees which would not be removed since they are at the rear of the property. ORDERED on the motion of Alderman Cummings, seconded by Alderman l{arrington, that the report be received and adopted. Carried Unanimously. .j - 7 - CD-89-76 - Chief Administrative Officer - Re: Proposed Plan o~ ~ubdivision, Bonato Estates; File No. 26T-8803~. TIle report recamn:ends that I'll,, l~onato Estates Subdivision be approved subject to the couditions enumerated in this report. Mr. R.J. Matthews, O.L.S., representing the owners, Mr. and Mrs. Bouato, was enumerated in the report, ltowevcr, he requested some flexibility respectjug the adjustmemt of lot lines. The Director of Planniug & Developrecur indicated agreement with Mr. Matthews' request. ORDERED on the motion of Alderman Cumn,~ngs, seconded by Alderman tta~r~ngton, that the report be received and adopted. Carried Uoanimously. B-89-82 - Chief Administrative Offleer - Re: Plan 2!10, Pt. Lot 6. O.II.R.P. [clan No. 2625000834. The report recommends that Conncjl approve the application for the Ontario Home Renewal Program, Lean No. 2625000834. ORDERED on the motion of Alderman Cummings, seconded by Aldermau Janrely, that the report be received aud adopted. Carried Unanimouslye. MW-89-210 - Chief Administrative Officer - Re: Consmiting Engineering Services Agreement with Proctor & Redfern Limited ~n Connection with the Recomn:endcd 2nil & 3rd Stages of the Westlaue/Westwood Flood Relief 14orks. The report recommends that tonigbt's by-law regarding the above named agreerecur be passed authoriziog the Mayor and Clerk to execute the agreement ooted above. ORDERED on the motion of Aldel~nan Cummiugs, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 89-270. MW-89-222 - Chief Administrative Officer - Re: Licenee Agreemeet with C.P. Rail Limited in Regard to our Reconstructed Palmet Avenue. The report recomrf~eIlds that tonight's by-law regarding the above named be passed, authorizing the Mayor and Clerk to execute a licence agreemeut. ORDERED on tile motion of Aldelmlan Cummings, sccemdcd by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 89-268, MW-89-224 - Chief Admjnistrative Officer - Re: 1989 Capital Budget Projects, The report provides informatiou regarding Road Rehabilitation and Sauitary Sewer Construction/Rehabilitation on Dennis Lane and Portage Road; and Road Rehabilitation on Stamford Green Drive, Centre Street and Lorne Street; and recommends that the by-laws appearing on tonjght's agenda be passed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimpusly' See By-law No. 89-275, No, 89-276 and No, 89-277. MW-89-225 - Municipal Works Committee - Re: Comanittee Reports. The report recommends the following: 1) MW-89-215 - Report on B.I.L.D. Infrastructure Snb-Committee Recommendations - It is recommended that this report be received for the information of the Members of Council. 2) MW-89-218 - January-September Construction Status Report - It is recommended that the attached construction status received for the information of Council. reports be ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. Carried Unanimo~.Sly. - 8 - MW-89-226 - Municipal Works Connnittee - Re: Committee Report: All-Way Stop Request - Barker Street at Cotwin Avenee. The report reconunends that an all- way stop control be installed at the intersection of Barker Street at Cotwin Avenue. ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. MW-89-227 (REVISED - HANDOUT) - Municipal Works Committee - Re: Committee Report: City Initiation of Road, Curb & Gutter Local Improvement Works. The report reconmends the following: 1) That the City of Niagara Falls initiate Local Improvement By-laws, under section 12 of the Local Improvement Act, Chapter 250, for road improvements and curbs & gutters on the following groups of streets: (a) Shirley Avenue, Amelia Crescent, Barton Crescent, Rendall Crescent, David Avenue, Cabot Drive and Stevens Street; (b) Queensway Gardens, Dirdenc Street and Close Avenue; and 2) That the City petition the blinistry of Transportation of Ontario for supplementary subsidy funding of these works. Alderman Janvary declared a conflict of interest because a member of her family lives on Amelia Crescent. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. F-89-48 - Finance Committee - Re: Committee Reports: 1) FC-89-15, Federal Goods and Services Tax; 2) FC-89-16, Tender for Gasoline and Diesel Fuel; 3) Statement of Revenue and Expenditure; 4) R-89-35, Application for City Funding; 5) R-89-33, Niagara Falls Recreation Commission Fundiug Guidelines; 6) FC-89-18, 1990 Operating Budget Guidelines; 7) FC-89-14, Purchase of Additional Computing Capacity; 8) FC-89-13, Tax Certificate Fees. the The report recommends that Council approve the following actions taken by Finance Committee: 1) That Items I to 3 be received and filed for information; 2) That Items 4 to 6 be approved; That Items 7 and 8 be approved and that Council adopt the by-laws appearing later on this agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-laws No. 89-271 and By-law No. 89-273. F-89-49 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,639,585.29 for the period ending October 30th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 52293 because he has a monetary interest. - 9 - Additional iuformation was provided on Cheque No. 52289; and requested on Cheque No. 52320. . ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion .~ar~j-~g~wi th Aldp:mau llin:;pc~ge~ abstaining from the vote on a conflict of interest prevjousiy recorded; with Aldermen err and Puttick voting contrary on Cheque No. 52369; with Xldermao err voting contrary on Cheque No. 52261; and with all others voting in fayour. See By-law No. 89-27',. PD-89-154 - Chief Administrative Officer - Re: Official Plan Update l'rojccl Staff. The report, which was approved previously in Conm~ittec of the Whole, recommends that Council authorize Staff to re-advertise tile Projnct Planlmr position for a two-year coutract at $55-$60,000.00 per annum. plus negotiated bcnefSts. ORDERED on the motion of Alderman Uinspcrgcr, seconded by Alderman Janvary, that the report be received and adopted. Carlied Unanimoos]v. ' MW-89-220 - Chief Administrative Officer - Re: Contract Project Eogineer for Montrosc Business Park and City Infrastructure Needs Program Projecls. The report, which was approved previously in Committee of tile Whole, recommends that; a Project Engiuccr be retained on a contract basis for a four-year period, commencing January 1, 1990, at the ES 10 salary scale of $46,193.00 (1990 starting rate), plus benefits. ORDERED on the motion of Alderman ttinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Uuanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that leave be grauted to introduce the following by-laws, and the by-laws be read a first time: No. 89-266 - A by-law to amend By-law No. 79-200, as amended. (AM-21/88 E. & W. Racey; Approvcd by Council July 11/88). No. 89-267 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be nndertaken 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. (~M-21/88 E. & W. Racey). No. 89-268 - A by-law to authorize the execution of a license agreemeut with Canadian Pacific Limited. No. 89-269 - A by-law to authorize the execution of an agreement with the Niagara Falls Music Theatre Society. No. 89-270 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited respecting consulting services to design Stages 2 and 3 and construct Stage 3 trunk relief sanitary sewers of the Westlane/Westwood flood relief works. No. 89-271 - A by-law to authorize the execution of au agreement with BULL ItN Information Systems Limited. ~o. 89-272 - A by-law to authorize a release and abandonment of easement. (Lot 147, Plan M-77; Approvcd by Council June 19/89), No. 89-273 - A by-law to authorize a fee of $12.00 to be charged for a tax certificate. No. 89-274 - A by-law to provide monies for general purposes. The motion Carried with Alderman llinspcrgcr abstaining from the vote on By-law No. 89-274 on a conflict of interest previously recorded under Report No. 89- 49; with Aldermen Orr and Puttick voting contrary on By-law No. 89-274 as previously recorded under Report No. 89-49; and with all others voting in favour. - 10 - 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. 89-266 - a by-law to amend By-law No. 79-200, as amended. (AM-21/88 E. & W. Racey; Approved by Council July 11/881. No. 89-261 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-21/88 E. & W. Racey). No. 89-268 - A by-law to authorize the execution of a license agreement with Canadian Pacific Limited. No. 89-269 - A by-law to authorize the execution of an agreement with the Niagara Falls Music Theatre Society. No. 89-210 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited respecting consulting services to design Stages 2 and 3 and construct Stage 3 trunk relief sanitary sewers of the Westlanc/Westwood flood relief works. No. 89-211 - A by-law to authorize the execution of an agreement with BULL 1tN Information Systems Limited. No. 89-272 - A by-law to authorize a release and abandonment of easement. (Lot 147, Plan M-77; Approved by Council June 19/891. No. 89-273 - A by-law to authorize a fee of $12.00 to be charged for a tax certificate. No. 89-274 - A by-law to provide monies for general purposes. The motion Carried with Alderman l{inspcrger abstaining from the vote on By-law No. 89-274 on a conflict of interest previously recorded; with Aldermen Orr and Puttick voting contrary on By-law No. 89-274 as previously recorded; and with all others voting in layout. ITEMS OF INTEREST: C.A.P.E. Meeting, Niagara Falls, N.Y. - Alderman Harrington referred to the above named mcetiog scheduled fO~ Dctohcr 3lst, 1989, at 3:30 p.m., for a discussion of environmeotal issues, particularly with respect to helicopter uo~sc pollutiou. She advised that Governor Coomo would be assisting with the problem. Public For~nn - St. Andrew's Church - Sexploitatjon - Alderman Harrington referred to the Handout Flyer regarding the aforementioned Public Forum being sponsored by the Y.W.C.A., on November 9th, 1989, 7:00 p.m. to 9:00 p.m. It was moved by Alderman Orr, seconded by Alderman Puttick, that the meeting adjourn. Carried U~animously. READ AND ADOPTED, E.C. WAGG, CI ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first and second time: ~ 89-275 - A by-law to authorize the rehabilitation of the roads on certain streets. (Stamford Green Drive & Linden Avenue). 89-276 - A by-law to authorize the rehabilitation of the roads on certain streets and the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Dennis Lane). No. 89-217 - A by-law to authorize the rehabilitation of the roads on certain streets. (Centre Street & Lorne Street). Carried Unanimously. NEW BUSINESS ITEM OF COHCERN: Parking problems at G.N.G.H. - Alderman Cummings discussed parking concerns regarding the enforcement of parking restrictions at the Greater Niagara General Hospital, and requested a report from Staff as soon as possible. FORTY-FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room November 6, 1989 Council met on Monday, November 6th, 1989, at 6:4S p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cheesman who was in hospital, were present. Alderman Hinsperger presided as Chairman. Pollowing consideration of the items presented, the Coramittee of the Whole arose without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers November 6, 1989 Council met on Monday, November 6th, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Cheesman who was in hospital, were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held October 30th, 1989, be adopted as printed. Carried Unanimously. PRESENTATIONS ACHIEVEMENT AWARDS - NIAGARA DISABLED SPORTS ASSOCIATION: His Worship Mayor Smeaton congratulated and presented Achievement Awards to the following members of the Niagara Disabled Sports Association: Rob Lamb and Darren Rhodes, team members; and Aavo and Marilyn Kaert, and Leslie Jamieson, Coaches. UNFINISHED BUSINESS REPRODUCTION OF COIiqlTTEE REPORTS FOR COUNCIL: C-89-79 - Chief Administrative Officer - Re: Reproduction of Committee Reports for Council. The report provides information regarding a trlal period of three months wherein all members of Council would receive information being circulated with respect to Finance and Municipal Works Committee meetings, and when the recommendation report ls submitted to Council, no additional material would be included. The report recommends that Council endorse the three month trial period outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. COb~UNICATIONS No. 402 - City of Guelph - Re: Licensing of Businesses by Municipalities. The communication requests the support of a letter to the Province endorsing the position of the Associated Municipalities of Ontario on the need for general licensing legislation· - 2 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the request supported. Carried UnanimouslY. No. 403 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality - Monthly Report for September 1989. The communication attaches Report No. DEP-3006 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously- No. 404 - Regional Niagara Office of the Clerk - Re: Regional Traffic By-law No. 5699-89, Parking Control on the South Side of Niagara Road 35 (Dunn St.) The conununication encloses a copy of the by-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be receiyed and filed. Carried Unanimously. No. 405 - Corporation of the City of Stratford - Re: proposed VIA Rail Service Cuts. The communication requests support of a resolution urging the Federal Government to commission a study aimed at developing a National Transportation Policy to encourage a mix of transportation modes, and to make no cuts in existing VIA rail service. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the resolution be supported. Carried Unanimously. No. 406 - Town of Lincoln - Re: 1989 provincial Equalized Assessment and Equalization Factor. The communication advises of a resolution to make application to the OMB for a review of the 1989 equalization factor and equalized assessment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for review. Carried UnanimouslY. No. 407 - Ontario Legislative Assembly, Standin~ Co.mittee on Administration of Justice - Re: Bill 52, Municipal Freedom of Information Statute Laws Amendment Act, 1989. The communication advises that the subject matter will be considered on November 6, 7 and 14, 1989, ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the communication be received and filed. Carried Unanimously. i No. 408 - Regency Hockey Club - Re: 8th Annual Hockey Tournament - Stamford/Jack Bell Arenas, November 23 - 26, 1989. The communication requests a Special Occasion Permit. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Regency Hockey Club, in conjunction with the 8th Annual HocKey Tournament to be held on November 23rd, 24th, 25th and 26th, 1989, at the Stamford and Jack Bell Arenas, 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. 409 - Niagara Promotion Association - Re: Miss Niagara, Robin Ouzunoff - Winning Title of Miss Canada 1990. The communication reques{s funding assistance for the "Welcome Home" Reception scheduled for November 12th, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the requested funding assistance, to an upset limit of $4,000.00, be approved. Carried Unanimously. No. 410 - Niagara South Board of Education - Re: School Crossing Guard - Valley Way School. The communication refers to Council~s previous denial of a request for a school crossin~ guard in the subject area, and asks further consideration of this request. -3 - ORDERED on the motion of Alderman Sherar, seconded by Alderman Hinspergcr, that the matter be referred to Staff and the Municipal Parking Committee for a report in three weeks. Carried Unanimously. No. 411 -The Chamber of Commerce Niagara Falls, Canada - Re: Televising Council Meetings. The communication asks Council to reconsider its former decision not to televise Council meetings. The following representatives of the Chamber of Commerce were in attendance: Mr. Glenn Gandy, Executive Director; and Ms. Dorothy Abbey, Board Member and Chairman, Education Committee. Ms. Abbey referred to other Municipalities in the area which do televise their Council Meetings, advised that all taxpayers should be provided with the opportunity to observe activities at the meetings, suggested that TV coverage would increase interest in community affairs, and further suggested that the cost of implementing the communications system may be lower than previously estimated. Following a brief discussion, it was moved by Alderman Cummings, seconded by Alderman err, that the communication be referred to Staff for further discussion with Armstrong Communications, and be referred to the 1990 Budget deliberations. Carried Unanimously. No. 412 (HANDOUT) - V.F. Muratori, Solicitor - Re: City of Niagara Falls Zoning By-law 79-200, as amended; Application for Zoning AmendmentAM-7/89; 7957 Niagara River Parkway; OMB File #Z8900143. The communication requests permission to make submissions for a re-hearing of the subject application. Alderman Ward declared a conflict of interest because he is a partner in another venture with the proponent, Mr. DiCosimo. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the matter be reconsidered. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Cun~ings, Hinsperger, Hopkins, err, Puttick and Sherat. NAYE: Aldermen Harrington and Janvary. REPORTS PD-89-161 - ~nvironmental Planning & Greenlug Committee - Re: A. Mete, Lyon's Creek - Request for Inquiry Pursuant to Lakes and Rivers Improvement Act. The report reconnnends that the attached report, PD-89-148, be received and filed. Mr. A. Mete, 79 St. Augustine Avenue, Welland, was in attendance to respond to questions raised regarding his intention to pursue this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. PD-89-162 - Environmental Planning& Greenlug Committee - Re: Niagara Escarpment Plan Proposed Amendment 58/89, Dwellings & Structures of Provincial or National Heritage Significance. The report recommends the following: 1) That Report PD-89-156 be submitted to the Regional Municipality of Niagara as the City's comments on Niagara Escarpment Plan Amendment 58/89; and 2) That the Region and the Niagara Escarpment Commission be informed that the City of Niagara Falls has no objections to the Commission's favourable consideration of Amendment 58/89. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted· Carried Unan_~imouslv. - 4 - pD-89-164 - Chief Administrative Officer - Re: Niagara Escarpment Development permit Applications N/S/89-90/196, N/S/89-90/197, N/S/89-90/198, N/F/89-90/199; A. & G. Giammattolo, pine Tree Village Mobile Home Park. The report recommends the following: 1) That the City does not object to Development Permit Application N/S/89-196 for the expansion of the number of mobile home sites from 4~ to 54, subject to the conditions outlined in this report; 2) That the City objects to Development permit Application N/S/89-90/197 for the expansion of the mobile home park from 54 to 70 units; 3) That the City objects te Development permit Application N/S/89-90/198 to allow for the installation o~ Municipal services; 4) That the City does not object to Development permit Application N/~/89-90/199 to excavate a water supply pond, subject to the conditions in this report; 5) That the City work with the Niagara Escarpment Commission to resolve outstanding legal issues pertaining to the subject property. During a lengthy discussion regarding this matter, the Director of Planning & Development, and Director of Buildings & Inspections reviewed actions taken to date. The Director of Municipal Works advised that the water on the property was a natural well supply and that recent tests had indicated no effect from the landfill site. He further advised that the estimated cost of expanding the water line to the subject property would be ~400,000.00. Mr. Giammattolo reviewed historical data respecting the mobile home park, which has been in his family for 35 years, and referred to a large increase in his property taxes since the inception of Market Value Based Assessment. He stated that at one time the quality of the water had been good, but that "the City landfill site had contaminated it", and further, that the City had installed two pumps "to pump it back to City sewers". Mr. Gianunattolo explained the reason for expansion in terms of escalating costs for upkeep of the park, that they could not afford, nor borrow the required cost of installing a water line, and further, if they do not build they will "go bankrupt". A further discussion followed regarding the lack of permission from the · a Escar ment for Mr. Giammattola's expansion of. the. traile~ss~~ as g trailer park. ORDERED On the motion of Alderman Hinsperger, seconded by Alderman Ward, that Recommendation No. 1 be received and adopted. Carried Unanimously- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that Recommendation No. ~ be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Marrington, Hinsperger, Hopkins, janvary, 0rr, puttick, Shetar and Ward. NAYE: Alderman Campbell. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that Recommendation No. 3 be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Marrington, Hinsperger, Hopkins, ~anvary, Orr, puttick, Shetar and Ward, NAYE~ Alderman Campbell. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowart, that Recommendation No. ~ he received and adopted. Carried UnanimouslY. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that Beoommendation No. ~ be received and adopted. Carried UnanimouslY, ~ - 5 - PD-89-166 - Chief Administrative Officer - Re: Work Program for Municipal Compliance, Provincial Policy Statement: Laod Use Planning for Housing. report recommends the following: The 1) That Council endorse the attached Work Program for Municipal Compliance with the Provincial Policy Statement for Housing; and 2) That copies of the Work Program be sent to the Ministries of Housing and Municipal Affairs, the Regional Municipality of Niagara, the Mayor's Committee on Housing, the Social Planning Council, East Niagara Housing Authority, and other interested parties for infol~ation. - AND - Communication No. 413 -Regional Niagara Planning & Development Department -Re: Proposed Work Program in Response to the Provincial Housing Policy Statement. The communication encloses report DPD 2596 which provides an overview of the proposed work program in response to the recently approved Provincial Housing Policy Statement. Staff was commended on this fine report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the con~unication be received and filed, and the report be received and adopted. Carried Unanimously. PD-89-167 - Chief Administrative Officer - Re: Public Meeting, Walker Brothers Quarries Expansion, Regional Policy Plan ~nendment. The report recommends the following: 1) That Council set aside time, at its December 18th, 1989 meeting, to allow the Regional Planning Committee to conduct its public meeting on the proposed Regional Policy Plan amendment; and 2) That an Open House be held on December 18th, 1989, from 2:00 p.m. to 7:00 p.m., in Committee Room 2 at City Hall, in order to provide background and technical information on the proposed quarry expansion. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. B-89-84 - Chief Administrative Officer Re: The Buildings & Inspections Department Report for October 1989. The report provides information regarding Permits Issued and Highlights for October 1989, as well as November Proposals. During the discussion, a request was made that the format of all reports be similar to this one. The Chief Administrative Officer explained that the laser printer required for this type of report was costly. Further information was provided regarding the Provincial subsidy received by the Building Department to cover the cost of the loser printer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimously. l B-89-85 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Dental Clinic & Residence; N/S McLeod Road West of Alex Avenue, AM-9/89, By-law 89-143. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Dental Clinic & Residence, and the site plan being drawing Number 1, and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 31st, 1989, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hinsperger, Janvary, 0rr, Puttick, Sherat and Ward· NAYE: Alderman Hopkins. -6- F-89-50 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,538,010.75 for the period ending November 6th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Rinsperger declared a conflict of interest on Cheque Nos. 52510 and 52511 because he has a pecuniary interest. Additional information was provided on Cheque Nos. 52502, 52503, 52504 and 52575, ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 52510 and 52511, on a conflict of interest previously recorded; and with all others voting in favour. See By-law No. 89-279. CD-89-78 - Chief Administrative Officer - Re: AM-14/89, Restricted Area By-law 89-228, Aiello Holdings Limited; East Side Stanley Avenue, South Side of North Street. The report recommends that Council reaffirm its approval of By-law 89- 228 in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the by-law and letter of objection to the Board with the request for a hearing. A discussion was held with respect to concerns of the Ministry of the Environment. It was suggested that perceived problems might be addressed through the site plan process. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Orr, Puttick and Ward. NAYE: Aldermen Harrington, Hopkins, Janvary and Shetar. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-278 - A by-law to amend By-law No. 89-253, being a by-law to authorize the installation of watermains as an improvement ~o the water supply system and construction and rehabilitation of sanitary sewermains as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 89-279 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 89-279 on a conflict of interest previously recorded under Report No. 89- 50; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 89-278 - A by-law to amend By-law No. 89-253, being a by-law to authorize the installation of watermains as an improvement to the water supply system and construction and rehabilitation of sanitary sewermains as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 89-279 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 89-279 on a conflict of interest previously recorded; and with all others voting in fayour. -7- Alderman Orr asked to be excused and retired for the balance of the meeting. NEW BUSINESS ITEMS OF CONCERN: Dangerous Conditions/Railroad Bridges - Alderman Ward initiated a discussion regarding the dangerous condition of the railroad bridge on Portage Road and expressed concerns regarding heavy truck traffic using the bridge. His Worship Mayor Smeaton discussed the condition of both the Portage Road and "Half Way" Bridges, referred to the repeated efforts of the City to have the dangerous condition recognized and resolved by the Federal Government, and advised that the matter would be referred to Staff. It was requested that additional signage be installed, and businesses in the area be asked to post signs in thei~ offices to warn truck drivers of the danger. Future Land Use in Niagara - Alderman Harrington referred to an article recently published in the St. Catharines Standard, which discussed future green space along the Niagara corridor and future land planning by local Municipalities. She advised that a meeting was scheduled for November 15th, 1989, at the Regional Headquarters, to consider future land planning, and urged Council members to participate in this meeting. Traffic/International Bridges - Alderman Sherar expressed concern regarding traffic conditions at the Rainbow and Whirlpool Bridges, during the past week-end, and the need for action to resolve the situation. His Worship Mayor Smeaton advised of meeting and discussions between authorities and all levels of government on both sides of the Niagara River. He further advised that statements for public release were being formulated. The Chief Administrative Officer stated that a report would be submitted at the next meeting of Council regarding confusion at the Whirlpool Bridge. Mr. Glenn Gandy, Executive Director of the Chamber of Commerce, stated that a meeting had been scheduled by the Niagara Falls, New York, Chamber of Commerce for December 5th, 1989, at the Niagara Sheraton, in connection with the concerns. Committee of Adjustment - Alderman Janvary discussed her concerns regarding recent decisions made by the Committee of Adjustment, and requested a report from Staff with respect to guidelines and the mandate of the Committee of Adjustment. Editorials - Alderman Janvary expressed objection to anonymous editorials in the local newspaper. She stated that the name "Alderman" was a respected one; that she was not in fayour of "inclusive language"; objected to being called "Ms."; and was proud to be an Alderman. It was moved by Alderman Campbell, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. SPECIAL MEETING Viscount Hotel Niagara Falls, Ontario November 21, 1989 Council met on Tuesday, November 21st, 1989, at 7:30 p.m., in the fifth Joint Meeting of the City Councils of Niagara Falls, New York, and Niagara Falls Ontario, to discuss the Niagara River Environment. The Honourable Michael C, O'Laughlin, Mayor, and Councilmen Henry J. Bucholski, Michael S. Gawel, Barbara A. Geracitano, Jacob A. Pallilo, Anthony F. Quaranto, Anthony J. Rendina, Francis A. Soda, and Guy T. Sotille, from the City Council of Niagara Falls, New York, were in attendance. His Worship Mayor William S. Smeaton, and Aldermen Margaret Harrington, Mark Hopkins, Paisley Janvary and Ed Sherar, from Niagara Falls, Ontario were in attendance. The Honourable Michael C. O'Laughlin and His Worship Mayor Smeaton presided as Chairmen. His Hunour Mayor O'Laughlin offered the Opening Prayer. WELCOMING REbt~dlKS His Worship Mayor Smeaton welcomed all present to the fifth joint session of the Councils of Niagara Falls, New York and Niagara Falls, Ontario. He stated that the Councils had "made an impact in a positive sense", referred to the Environmental Inventory and to the continued connnitment to the "stewardship of the Niagara River and the two communities". Mayor Smeaton expressed appreciation to the Staff of both City Councils, and referred to existing problems, the need for involvement from senior levels of Government, and the resolution which was forwarded to all levels of Government subsequent to the Great Lakes Conference. The Honourable Michael C. O'Laughlin referred to need to be aware of the environmental problems on both sides of the Niagara River, discussed the need to maintain open discussion and relationship, as well as cooperative involvement in order to "mitigate those problems". ADOPTION OF MINUTES ORDERED on the motion of Councillor Frank Soda, seconded by Alderman Hopkins, that the minutes of the meeting of the Joint Councils of Niagara Falls New York and Canada, held October 25th, 1988, be adopted as printed. Carried Unanimously. ENVIRONMENTAL INVENTORY STATUS REPORT Mr. David Brooks, Director of Environmental Services, Niagara Falls, N.Y., reviewed information contained in the agenda communication entitled, Environmental Inventory Progress Report, with respect to action taken to date in connection with respect to computerizing the environmmental inventory, the Project Implementation in terms of structuring the Inventory through the U.S. Bureau of the Census data and map files, called "TIGER" and updating environmental databases to include social and economic data. He referred to the assistance of temporary summer Staff and two interns from Brock University in the collection of information. Ms. Gretchen de Boer, Planner II, Niagara Falls, Ontario, discussed information contained in Report PD-89-174 which recommends that the report be received and filed. Ms. de Boer referred to a number of maps on hand with respect to environmental information throughout the City of Niagara Falls, Ontario, including potential pollution sources, sewermain networks and monitoring stations, flood and fill lines, green space inventory, Regional agricultural land base, Niagara Escarpment Planning area, and the City's Official Plan. She referred to the cooperative assistance of the Ministry of Natural Resources, the Ministry of the Environment, David Brooks and Staff provided by the Canada Employment Centre in the progress made, and discussed the utilization of the Environmental Inventory by City Staff, the Ontario Hydro, and Solicitors acting on real estates transactions. -2 - RECENT ENVIRONMENTAL DEVELOPMENTS Mr. David Brooks discussed actions taken with respect to the hearings in connection with the CECOS Landfill Site in Niagara Falls, N.Y., and stated that additional information would be available from the Board in 1990, with respect to CECOS being used as a landfill for the next 20 years. He advised that the Love Canal Agency had hired a Planner and explained that the plan basically followed pre-existing land use, that lower density housing had been proposed, a plan calling for redevelopment of housing and the best use of the area for other purposes was being drafted under the State Environmental Act. Mr. Brooks further discussed the Black Creek cleanup, the renovation of the Falls Street tunnel and rediversion of the flow into the plant. Mr. Mike Basile, E.P.A., New York Office, described and summarized the status of activities and remedial measures being taken with regard to Hyde Park, the S Area and the 102nd Street Dump. He responded to questions raised regarding thermal waste disposal and a proposed facility at Occidental Chemical. Mr. A101eksuik, on behalf of Campaign to Save Niagara, expressed great concern regarding the incineration of stored chemicals. He suggested storage of the materials until a solution is found that is "safer than incineration". It was suggested that Mr. Oleksuik should be prepared to submit a solution with respect to toxic problems to concerned people on both sides of the River. Mr. Larry 0ates, Director of Municipal Works, reviewed a status report regarding Solid Non-Hazardous Waste Management at the Walker Brothers Landfill and the City's Mountain Road Landfill Site; discussed the Regional Waste Master Plan, Waste Reduction and Sanitary Sewage Overflows. He responded to questions raised regarding control mechanisms and regulatory measures which would ensure that only non-hazardous materials were placed in the quarry; and monitoring of the City's landfill site. Mr. 0ates discussed the expansion of the Blue Box Program to large volume waste producers, the proposed Pilot Yard and Garden Waste Composting Project and Pilot Home Composting Project, and discussed the formation of a Waste Management Sub-Committee to deal with waste reduction initiatives. NIAGARA RIVER RF/dEDIAL ACTION PLAN Ms. Gretchen de Boer advised that the stakeholders of the Niagara River environment have been invited to participate in a Public Advisory Committee and prepare a Remedial Action Plan (R.A.P.), in order to assess environmental impacts on the River and re-establish the various uses of the river. She stated that the Public Advisory Committee (P.A.C.) Chairman is Professor Ian Brindle, Brock University, with Valerio Cromie as Administrative Assistant; that the P.A.C. had identified issues to be addressed by the R.A.P., i.e., the re-establishment of native species of fish in the Niagara River. The Planner II further stated that the technical Staff for the R.A.P. were comprised of representatives from the Ontario Ministry of the Environment, Environment Canada, the Ministry of Natural Resources, and Fisheries & Oceans Canada. Mr. David Brooks stated that a Remedial Action Plan Citizen Advisory Committee had recently been constituted with John Westendorf and Councillor Guy Sotille as participants, and that action was anticipated. HELICOPTER NOISE CONTROL - STATUS OF INVESTIGATION Mr. Mark Palesh, City Administrator, Niagara Falls, N.Y., discussed concerns regarding noise pollution and safety issues in connection with helicopters flying over the Niagara River. Me discussed actions taken by Mayor Smeaton and Mayor O'Laughlin, as well as the investigation and controls on the ~.S. side of the River. A discussion ensued regarding actions which might be taken to control the noise pollution on the Canadian side of the River. The Mr. J.L. Collinson, Chief Administrative Officer, Niagara Falls, Ontario, discussed the lengthy investigation made with respect to the helicopter situation, referred to the 'Jurisdictional problem and the responsibility for the regulating of aircraft by Transport Canada. He discussed contacts with Transport Canada in Toronto, and the Ministry of the Environment, as well as discussions with the City's Environmental Committee, and advised that action taken under the Environmental Protection Act respecting the passing of by-laws to regulate noise on a decibel level would result in a conflict of jurisdiction. The Chief Administrative Officer distributed copies of the flight pattern being used by helicopters operating from the Canadian side of the border, and suggested that the appropriate representatives in Toronto be asked to make periodic inspections during peak seasons, if possible. His Worship Mayor Smeaton referred to the sensitivity of the problem, and suggested that both Municipalities urge Federal authorities to provide a co- monitoring system. His Honour Mayor O'Laughlin stated that there was no control once the helicopters were airborne, and that the companies should comply or not be allowed to continue operating. He further stated that the helicopters do not fly down the middle of the river, and expressed concern regarding the situation during the past summer, referred to his contact with the operators and his request they fly down the middle of the river with maximum height. A discussion followed regarding possible solutions to the problem, using a more acceptable helicopter, and remaining within the flight pattern. It was noted that the operation was licensed by the Federal Government. ORDERED on the motion of Alderman Janvary, seconded by Councillor Rendina, that the concerns regarding helicopters be addressed further, particularly on the Canadian side of the border, and a report submitted to both Councils. Carried Unanimously. HOUSEHOLD HAZA/qDOUS WASTE DAY Mr. Larry 0ates advised that on November 16th, 1989, the third and last Hazardous Was~.Day was held in Niagara Falls, Ontario, with 500 residents participating. fie stated that the program would be continued in the future. Mr. David Brooks advised that another Household Hazardous Waste Day was held in 1989 with participation by 140 persons, and that this was a joint effort between Lewiston and Niagara Falls, New York. He further advised that they would like to continue the program, but a "more cost effective way". JOINT ENVIRONMENTAL WORK PROGRAM FOR 1990 Ms. Gretchen de Boer reviewed a report regarding the Joint Environmental Work Program for 1990, which made recommendations with respect to Environmental Education, Environment Week Activities, Environment Inventory, Environmental Policies and other issues, and recommended that the proposed work program for 1990 be endorsed and that Staff be directed to explore avenues of cooperation and funding by senior levels of Government. She requested that a resolution be approved by the Joint Councils. JOINT RESOLUTION OF COUNCILS NIAGARA FALLS, NEW YORK AND NIAGARA FALLS, ONTARIO RESOLUTION ON THE NIAGARA RIVER ENVIRONMENT No. 63 - QUARANTO - SODA - RESOLVED that WHEREAS the Cities of Niagara Falls, Ontario and Niagara Falls, New York, share the environment along the Niagara River; and WHEREAS each Municipality desires to protect this environment for the health and welfare of its citizens; and WHEREAS the residents of both Cities depend on the Niagara River for safe drinking water, agriculture, fishing, wildlife conservation, tourism, recreation, industrial and other uses; and -4 - WHEREAS it is recognized that both Cities have made significant progress in environmental education, the environmental inventory and in shared environmental concerns; THEREFORE BE IT RESOLVED that the City of Niagara Falls, New York, and the City of Niagara Falls, Ontario, pledge their further cooperation throughout 1990 by adopting a joint work program which will lead to the further enhancement of the environmental inventory, the development of environmental policies and programs, the celebration of Environment Week, and the continuation of cooperation between the Cities in all other endeavours; AND'BE IT FURTHER RESOLVED that both Councils provide the financial resources to advance the work program on the environment. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. His Worship Mayor Smeaton expressed appreciation to Mayor O'Laughlin, the Councillors and Aldermen for their participation. It was moved by Alderman Janvary, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, YoR Mi&EL L' o ' ' FORTY-FIFTH MEETING COMMITTEE OF TIlE WttOLE Committee Room November 13, ]989 Council met, on Monday, November ]3th, 1989, at 7:15 p.m., ~11 Committee the Whole· All members of Council, with the exception of Alderman Cheesman who was in hospital, Alderman Orr who was ill, and Aldelman Puttick, were present. Alderman Sherat presided as Chairman. Following consideration of tile items presented, the Corm~ittec of the Whole arose without reporting. READ AND ADOPTED, E.C. WAGG, CITY CLERK PLANNING/REGULAR MEETING Council Chambers November 13, 1989 Council met on Monday, November 13th, 1989, at 7:30 p.m., for the purpose of considering Planning Matters and regular business· All members of Council, with the exception of Alderman Cbeesman who was in hospital, Alderman Orrwho was ill, aud Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer, and asked that Alderman Cheesman be remembered in the Prayer· ADOPTION OF MINUTES ORDERED on the motion of Alderraan Cummings, seconded by Alderman Hiosperger, that the minutes of the meeting held November 6th, 1989, be adopted as priuted. Carried Unanimously. REPORTS - PLANNING MATTERS PD-89-169 - Chief Administrative Officer - Re: AM-31/89 P. Casucci; 5687 Stanley Avenue. The report recommends the following: 1) That while the development of subject lands for an eight (8) storey medium- rise hotel has merit from a land use perspective, it is recommended that Council not support the request to amend the Zoning By-law at this time, due to servicing constraints. 2) It is further recommended that, in consideration of the emerging trend for medium-rise hotel development in peripheral areas of the Queen Victoria Park Tourist Commercial District, Council's Interim Study Guidelines for hotel development be amended to reflect this new trend. Communication No. 414A - Regional Niagara Planning & Development Department - Re: Preliminary Zoning By-law Amendment AM-31/89, 5687 Stanley Avenue; Casucci Construction Limited. The communication attaches comments from the Regional Public Works Department indicating that they have no objections to the appl icaut retaining the current zoning, and by special provision, increasing the maximum building height to permit construction of a 7-storey, 84-onit hotel, with suggestions regarding road widening, site drainage and a revised site plan, as outlined therein, -2- - AND - Connnunication No. 414B - Dante F. Marinelli, Solicitor - Re: Zoning Amendment ApplicationAM-31/89, P. Casucci, 5687 Stanley Avenue. The communication advises that an error in the application indicated that the proposed hotel would contain seven storeys rather than eight and requests that the application be amended to reflect the correct number of storeys. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the usual procedure under the Planning Act, 1983, would be followed. The City Clerk advised that the Notices of the Public Meeting had been forwarded by first class mail on October 13th, 1989, 31 days ago. flis Worship Mayor Smeaton indicated that the applicant, Mr. P. Casucci, and his agent, Mr. Dante Marinelli, Solicitor, were in attendance; and received a positive response to his request for a show of hands by persons present 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 prio~ 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-89-168: Developmeut proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review & Analysis; and Site Plan Review. He referred to the letter of clarification received from Mr. Marinelli, and recorded above. The Director of Planning & Development stated that the most important.concern was the mattel- of servicing, and referred to the concerns of the Ministry of the Environment in this respect. He advised that since there were no storm sewers in this area it would be inappropriate to connect into the sewer system. He advised that Staff could not recommend approval of the application until the servicing requirements were resolved. Mr. M. Aiello, 5803 Stanley Avenue, addressed Council in support of the application. Re referred to previous tax payments, and suggested that development could not be "cut off because of servicing". There was a negative response to Mayor Smeaton's request for comments from persons opposed to the application. Mr. Dante Marinelli, Solicitor, addressed Council on behalf of the applicant. tie stated that from a land use and planning point of view the application meets all of the criteria normalIy required; that the application was necessary only because of height variance; and referred to the need for further amendment to the Hotel Study guidelines to permit future development along the tourist core, Council was advised that the current requireraents would allow the construction of a 4 storey design; that Mr. Casucci was attempting to transfer his horizontal development to vertical in order to reflect the changing concept of the hotel industry and meet the needs of the travelling public; and that the change would be of benefit to the tourist industry and the community. Mr. Marineill discussed adjacent land uses, the lack of storm sewer capacity on site, and stated that the storm water run-off from an 8 storey hotel would be less than that of a 4 storey building. Re discussed the Ministry of the Environment's consistent position not to approve any development unless assurance was received by the Ministry with respect to sanitary sewage flows, and stated that this was "an impossible test to meet" because the development will have additional storm water run-off over and above the current amount. Mr. MarineIll discussed the policy of the Municipality of Niagara regarding foundation drains, and recent actions taken to deter residential development unless approved by the Director of Engineering; referred to the suggestions of the Regional Niagara Public Works Department; and stated that the approval of the Ministry of the Environment was not required. He asked Cmmcil to approve the application, advised that Mr. Casucci was prepared to work in conjunction with the Municipal Works Department to develop a system of storm water storage 'in "peak periods" of rainfall, and further, that the Ministry of the Environment would not approve the application since other applications had encountered serious difficulties with developing a system for approval of the Ministry, and therefore would not receive approval of the Region and the Municipality, Mr. Marinelli suggested that "the application be approvcd with the colldition that the developer work with the Municipal Works Department to develop reasonable guidelines which would be developed in the entire area to assist the problem. The City Solicitor responded to questions raised regarding the right to refuse approval of a development over 4 storeys; the possibility of an agree!fir, at between the developer and the City; and Council and Staff's liability with respect t.o the Water Resources Act, The Director of Municipal Works replied to questions raised regarding the approval of a 4 storey development. ltc advised that difficulties had been encountered under discussions with the Ministry with respect to on site retention where the proposed solution had not been acceptable to the Ministry, and therefore, to the Municipality at the present time, Putther discussion followed regarding possible remedial measures which might be taken with respect to storm water run-off, i.e., coutrol and enforcen!ent of on site holding tanks, and use of the underground llydro canal in the subject area. In response to questions raised, Mr. Brian Watkinson, Architect, stated that approximately 8 additional applications were anticipated in the Citywith a total of about 1,000 rooms. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED On the motion of Alderman Ward. seconded by Alderman Campbell, that the report and communications be received and the following recommendations approved: 1) That approval be granted to recommend the zoning by-law as applied for under site plan control, that storm water management be engineered and contained on site, and the applicant and City work togethel-, to solve any environmental problems with the Ministry of the Environment, for environment approval. It was further recommended that if the applicant is unable to receive approval from tbc Ministry, the applicant should re-apply to Council for the amendment; 2) That recon~endation No. 2 in Report PB-89-169, be approvcd; 3) That a legal agreement be established between the City and the developer for maintenance of the proposed holding tanks on the site. The motion Carried with the following vote: AYE: Aidemen Campbell, Cowan, Cummings, ltinsperger, ltopkins and Ward, NAYE: Aldermen Harrington, Janvary and Sherat. PD-89-170 - Chief Administrative Officer - Re: Zoning Amendment Application AM-26/88, and O.P.A, No. 187; Canadian Liquid Air, 6555 Moatrose Road. The report recommends the following: 1) That Council support the requested amendment to the Zoning By-law to permit a change in use of the property from Industrial to Commercial and the conversion of the existing structure on the site from its present use as a facility for the storage, bottling and sale of propane to a variety store, including reductions to the provisions regulating minimum lot frontage, front yard setback, interior and exterior side yard widths and an increase to the maximum floor area; 2) That the amending by-law include provisions requiring landscaping and fencing and limiting the use of the site to a variety store in the existing structure; 3) That the applicant be required to construct a sidewalk along the south side of Badger Road for the entire length of the property and replace the existing gravel on the untravelled portion of the Badger Road, road allowance with landscaping; -4 - 4) That the applicant dedicate a 3m (10 ft.) road widening and a 0.3m (1 ft.) reserve to the Regional Municipality of Niagara along the property's frontage on Montrose Road; 5) That the asphalt parking area between the existing structure and Montrose Road be removed and replaced with a raised barrier and landscaping; 6) That matters such as the types of plantlugs, surface treatment, fencing, grading, drainage, lighting, etc., be addressed through the Site Plan Control process; 7) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 8) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open, and advised the usual procedure under the Planning Act, 1983, would be followed. The City Clerk advised that the Notices of the Public Meeting had been forwarded by first class mail on October 13th, 1989, and Notification regarding the Official Plan Amendment had been published in the local newspaper on October 9, 1989. His Worship Mayor Smeaton indicated that Mr. William Slovak, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present 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 & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in Technical Report No. PD-89-163: 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 Staff have no adverse comments for Council's consideration, that the conversion of the existing structure and use of the property for a convenience store conforms to the Official Plan and represents an acceptable change in land use, and recon~ended that the application be supported. The following concerned residents were in attendance: Mr. Harold Gale, 6530 Montrose Road; Mr. Fritz Gahn, 6578 Montrose Road; and Mrs. Molly Sparkman, 76~5 Badger Road. They expressed their concerns in terms of previous rejection of the proposal by the Ontario Municipal Buard because of the traffic hazard to school children in the area; increased traffic at the intersection of Montrose Road and Badger Road, as well as the condition of Montrose Road; lack of sidewalks on the north side of Badger Road; the inadequacy of parking on the subject lands for vehicles and trucks and therefore the parking of vehicles on Badger Road in front of private homes; increased property taxes; stated that the facility was not wanted or needed; and strongly urged that the application he denied. The Director of Planning & Development referred to the right to appeal a decision of the Committee of Adjustment and to the traffic study,which had been completed which provided new evidence regarding the traffic concern. Mr. Slovak addressed Council on behalf of the applicant. 'He reviewed the actions taken previously with respect to this application, and the decision of the Ontario Municipal Board. Mr. Slovak distributed photographs of the site which currently contains a propane storage tank, "a highly dangerous use in a residential area", and stated that it was a legal non-conforming use. He stated that the Technical Report had addressed the bus stop and number of children using this facility being five Separate School children. Mr. Slovak referred to the · traffic report completed by Proctor & Redfern at the cost of the applicant, and the conclusien that "there weuld be no more traffic generated in that particular site". He asked Council to eliminate the currently "undesirable use in the residential neighbuurhuod", advised that the applicant was paying for his own - 5 - sidewalks, was prepared to enter into a Site Plan Agreement and was in agreement with the recom~nendations of the Planner. A discussion ensued with regard to the following: the condition of Montrose Road and anticipated date of renovation, the compatibility of a convenience store on the subject lands, proposed green area, parking, and the proposed sidewalk. Ills Worship Mayor Sineaton stated that imp~ow~ments had been scbeduled by the Regional Municipality for the whole length of Montrose Road from hundy's Lane to McLeod Road. It was suggested that the Regional blunicipa] Works Department should be contacted to address the problem of the boulevard on Montrose Road as well as the installation of parking signs and enforcement of them. Since no further cornmerits were forthcoming, His tqorship Mayor Sineaton declared the Public Meeting closed. It was moved hy Alderman Sherat, seconded by Alderman Janvary, that the application be denied. The motion was Defeated with the following vote: AYE: Aidemen Cummings, Hopkins, Jaavary and Sherat. NAYE: Aldermen Campbell, Cowan, Harrington, Hinspergcr and Ward. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that the report be received and adopted and the application approvcd. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Harrington, Hinspergcr and Ward. NAYE: Aldermen Cummings, ltopkins, Janvary and Sherat. PD-89-171 - Chief Administrative Officer - Re: Zoning Amendment Application AM-32/89, Hospitality Motels Ltd. (V. & I. DiCosimo); 4067 River Road and 4327 Ferguson Street. The report recommends the following: 1) That Council support the application to change the zoning of the subject property from Deferred Tourist Commercial (DTC) to Parking (P) to permit overflow (surplus) parking in conjunction with the redevelopment of the property containing the Rapids Motor Inn (4067 River Road) and permit a laundry, motel sales office and storage facilities as accessory uses in the existing structure; 2) That matters respecting fencing, landscaping, lighting, grading, surface drainage,, on-site vehicular circulatiou, etc., be addressed through the Site Plan Control process; 3) That Staff be directed to prepare the necessary by-laws for enactmeut at a subsequent Council meeting; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smcaton declared the Public Meeting open, and advised the usual procedure under the Planning Act, 1981, would be followed. The City Clerk advised that the Notices of the Public Meeting had been forwarded by first class mail on October 13th, 1989. His Worship Mayor Smeaton indicated that Mr. Dante Marineill, Solicitor, was in attendance on behalf of tbe applicant; and received a negative response to his request for a show of hands by persons present 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. Alderman Hopkins declared a conflict of interest because the applicant has a business relationship with a member of his family. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the followiug information contained -6- in Technical Report No. PD-89-157: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. He advised that the proposal complies with the Official Plan; the use of the land will be accessory to a redevelopment project on River Road; and the use of landscaping and fencing will buffer the proposed use from adjacent properties. The Deputy Director of Buildings & Inspections responded to questions raised regarding enforcement of the site plan control by-law, and advised that the former problems with respect to this developer had now been solved. Mr. btarinelli advised that the current application was in response to an undertaking of the applicant at the previous rezoning for the Rapids Motor Inn. Since no further comments were forthcoming, His Worship Mayor Smcaton declared the Public Meeting closed. ORDERED ou the motion of Alderman Cummings, seconded by Alderman ltinsperger, that the report be received and adopted. The motion Carried with Alderman tlopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Herrington, Hinsperger, Sherat and Ward. NAXE: Alderman Janvary. UNFINISHED BUSINESS UNCOLLAT~D MATERIAL IN AGENDA PACKAGES: CD-89-80 - Chief Administrative Officer - Re: Uncollated Material in Agenda Packages (COUNCIL 1989 10 23). The report advises that when material cannot be delivered to the Clerk's Department for collation, in future, it is proposed to provide indication on the envelope with a high visibility sticker, and a similar sticker attached to the uncollated material. It is recommended that this report be received and filed for the information of Connell. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. SIGNING REVIEW - CHIPPAWA pARKWAY: MW-89-234 - Chief Administrative Officer - Re: Signing Review Chippaws Parkway. The report recommends that the following signing review report for Chippawa Parkway and Dorchester Road be received for the information of Council. ORDERED on the motion of Alderman ltinsperger, seconded by Alderman Cummings, that the report be received and adopted, Carried Unanimously. TOWN OF LINCOLN APPEAL OF 1989 EQUALIZED ASSESSMENT & EQUALIZATION FACTOR: F-89-52 - Chief Administrative Officer - Re: Town of Lincoln Appeal of 1989 Equalized Assessment & Equalization Factor (COUNCIL 1989 11 06). The report provides information regarding the subject matter, and recommends that Council receive and file the notice from the Town of Lincoln. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. PROPOSED PROCEDURES TO REVIEW COMPLAINT DEPUTATIONS: 0-89-41 - Chief Administrative Officer - Re: Proposed Procedures to Review Complaint Deputations (COUNCIL 1989 10 30). The report recommends that in order to more effectively process matters included in the Council agenda, the following procedures be instituted for a six-month trial period: 1) That persons wishing to address Council with a complaint be initially invited to meet with the appropriate Staff to determine if the matter can be resolved within existing administrative policy; - 7 - That in order to be included on the ageado, matters requiring the cerements of Staff be Yccl'ived by the City Clerk prior to oeon of the Wednesday preceding the Council meeting. All requests to appear before Cmmc~l be sobmitted in writing outljo~ng the nature of the matter to be discussed and the action requested by Council. ORDERED on the motion of Alderman Ward, seconded by AldL~rman ilinspcrgcr, Lhat the report bc received and adopted. Carried Unanimouslv_L BY-LAW ENFORCEMENT - G.N.G.H.: B-89-87 - Chief Administrative Officer - Re: By-law Enforcenlent - Creator Niagara General liespiral (COUNCIL 1989 lO 30 ). The repel t recommeods that Council pass the by-law on tonight's agcnda to authorize Hospital Security Officers as Municipal Law Enforcement Officers for hospital property. ORDERED on the motion of Alderman Cummings, seconded by Alderman l{insperger, that the report be received and adopted. Cairied Uuauimouslv. See By-law No. ~9-284. COb~IUNICATIONS No. 415 - Regional Niagara Office of the Clerk - Re: Retail Business llol~days Act, S.O. 1989. The communication attaches Report S/F. 151 for information. ORDERED on the motion of Alderman Cummings, seconded by Aldcrmao Herringtoo, that Council support the concept of a joint committee on the condition that full Municipal participation is included. Carried Unanimously. No. 416 - City of Stoney Creek - Re: Land Use Planning for lieusing. The communication asks Council to endorse a resolution to the Minister of Municipal Affairs & lieusing opposing tempoend zoning. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Planning Department for consideration. Carried Unanimously. No. 417 - Andrew S. Brandt, M.P.P., Leader of the Ontario Progressive Party - Re: Bill 119. The con~unication provides information regarding Bill 119, a bill to give legislative carte blanche to alter the flow of Provincial lottery revenues from recreational and cultural activities to Ontario's hospitals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. REPORTS C-89-43 - Chief Administrative Officer - Re: Pt. Lots 53 & 54, Plan 243; Pt. Reference Plan 59R-4981, Falls Industrial Park. His Worship Mayor Smcaton advised that Report No. C-89-43 had been withdrawn from the agenda. MW-89-236 -Waste Management Sub-Committee - Re: Sub-Committee Report: Township of Front of Yongc Resolution. The report recommends that Council not support the Resolution of the Township of Front of Yongc. ORDERED on the motion of Alderman llinspcrgcr, seconded hy Alderman Cummings, that the report be received and adopted. Carried Unanimously, MW-89-239 - Chief Administrative Officer -- Re: Dedication of Certain l,ands as a Public Highway; West Hcadow Subdivision. The report recommends that the lands made np of Parts 3 & 4 on Reference Plan 59R-5476, and Part 12 on Reference Plan 59R-1881, owned by the City (and formerly owned by Ontario Hydro), bc established by by-law as a public highway to form part of Alpine Drive. ORDERED on the motion of Alderman Janvary, sccunded by Alderman I{upkins, that the report be received and adopted. Carried Unanimously. .~.qc B~-la~< No, 89~283. -8- MW 89-240 <HANDOUT) - Municipal Works Committee - Re: .~or~Jktee Report: AdVertisements - Blue Box Recycling Campaign During Recycl~ g - November 20 - 26, 1989. The report recommends that the week of November 20th through the 26th, be declared as "Recycling Week", It is further recommended that appropriate newspaper ads be placed, on how to participate in the Blue Box Recycling Campaign, at an approximate cost of $2,600.00. ORDERED on the motion of Alderman Ward, seconded by Alderman CueunleSs, that the report be received and adopted. Carried Dnan~mouslE__. F-89-51 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totall~ng $776,538.43, for the period ending November 1~, 1989, be approved by the passing of the by-law appearing later on the ageride. Alderman Campbell declared a conflict of interest on Cheque No. 52760, because the organization is a client. Alderman Cowan declared a conflict of interest on Cheque No. 52785 because his wife is cmp]oyed with the organization. Alderman t{jnsperger declared a conflict of interest on Cheque No. 52675 because he has a monetary interest. ORDERED on the motion of Alderman Cummings, seconded by Aldersnan Shetar, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cowan and Hinspergcr abstaining from the vote ~n Cheque Nos. 52760, 52785 and 52675 respectivelY, on conflicts of interest previously recorded; and w~th all others voting in favour. See By-law No. 89-285. C-89-~2 - Chief Administrative Officer - Re: Traffic Re-alignment - Bridge Street, Whirlpool Rapids Bridge Area. The report recommends that the City of Niagara Falls participate in a four-party agreement for the re-alignment of traffic flows at the intersection of Bridge Street and the Whirlpool Rapids Bridge, the City's cost not to exceed 830,000.00 and that provision for the expenditure be accommodated in the 1990 budget allocation. Mr. Con Eidt, Director of Engineering, Regional Public Works Department, was in attendance. He explained the proposed traffic flow pattern with the assistance nf posted sketches; and discussed the problems in terms of overhead clearance, congestion of vehicular traffic, and the narrdw roadway. tiis Worship Mayor Smeaton expressed appreciation to the Niagara Parks Commission, the Regional Municipality of Niagara, the Bridge Commission, Mr. William Slovak, Solicitor, Aldermen Campbell and Ward, Mr. Eidt and the Director of Municipal Works for their efforts to resolve the situation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. BY-LAWS- ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the following by-law be now read a third time: No. 89-20~ - A by-law to authorize a grant to the Optimist Club of Niagara Falls. The motion Carried w~th the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Sherat and Ward, NAYE: Alderman Cowan. The Clerk advised that By-law No. 89-280 had been amended on pages 2 and 5, as indicated in the revised handout pa~es of the by-law. ORDERED on the motion of Alderman Cummings, seconded bv Aidemien Can'.pbell, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-280 - A by-law to amend By-law No. 79-200, as amended. (AM-54/88 River Realty Development (19761 Inc., Mount Carmel II; Report PD-89-98 approved by Council 1989 07 10). No. 89-281 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plao control areas without the approval of plans and drawings otherwise requj red unde~ subsection 4 or subsection 5 of sectiou 40 of the Planning Act. 1983. (/LM-54/88 River Realty Development (1976) Ioc., Mount Cannel II). No. 89-282 - Withdrawn. No, 89-283 - A by-law to establish certain lands as a public highway. (Parcel 87-5, Section 59 Stamford, being Ft. 12, 59R-1881 and Ft. Lot 87, former Twp. of Stamford, being Pts. 3 & 4, 59R-5476). NO, 89-284 - A by-law to appoint Municipal Law Enforcement Officers fo~ the purpose of enforcing the parking by-laws of The Corporation of the City of Niagara Falls at and so any laads under the jurisdictiou and control of Greater Niagara General tlospital. No. 89-285 - A by-law to provide monies for general purposes, The motion Carried with Aldermen Campbell, Cowan and ttinsperger abstaining from the vote on By-law No. 89-285, on conflicts of interest prcviously recorded under Report No. F-89-5l, and with all others voting in favour, ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger, that the following by-laws be now read a second and third time: No. 89-280 - A by-law to amend By-law No. 79-200, as amended. (AM-54/88 RSver Realty Development (1976) Inc., Mount Carmel II; Report PD-89-98 approvcd by Council 1989 07 101. No. 89-281 - A by-law to amend By-law No. 85-238 respecting the classes of development tbat 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-54/88 River Realty Development (19761 Inc., Mount Carmel II). No. 89-282 - Withdrawn. No. 89-283 - A by-law to establish certain lands as a public highway. (Parcel 87-5, Section 59 Stamford, being Ft. 12, 59R-188l and Ft. Lot 87, former Twp. of Stamford, being Pts. 3 & 4, 59R-54761. No. 89-284 - A by-law to appoint Municipal Law Enforcement Officers for the purpose of enforcing the parking by-laws of The Corporation of the City of Niagara Falls at and on any lands under the jurisdiction and control of Greater Niagara General Hospital. No. 89-285 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cowan and llinsperger abstaining from the vote on By-law No. 89-285, on conflicts of interest previously recorded, and with all others voting in favour. - 10 - NEW BUSINESS ITEMS OF INTEREST: Poland's Solidarity Leader, Lech Walesa - Alderman Herrington referred to the Mayor's Reception held at the Skylon Towel' for Lech Walesa on Saturday, November llth, 1989, and expressed appreciation to Council members and Staff who were in attendance. Anniversary of 1988 Election - Alderman Harrington referred to November 14th, 1989 as the anniversary of the 1988 election; discussed progress made in waste ~anagement, plannlng, long term sewer problems, and the anticipated increased communication with citizens via the proposed TV coverage of Council meetings. In response to Alderman Harrington's request that Staff schedule a meeting to discuss accomplishments and future plans, His Worship Mayor Smeaton advised that a review was in process and a status report would be submitted. Paper Recycling - In reply to Alderman Campbell's enquiry, His Worship Mayor Sraeaton stated that if agenda papers were left in the Council Chambers, Staff would have the papers recycled. It was moved by Alderman Cummings, seconded by Alderman Ward, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, SMEATON FORTY-SIXTH MEETING COb~MITTEE OF THE WHOL~E Committee Room #1 November 20, 1989 Council met on Monday, November 20th, 1989, at 7:15 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cheesman who was absent due to illness, were present. Alderman Cowan presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without'reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers November 20, 1989 Council met on Monday, November 20th, 1989, at 7:30 p.m., for the purpose of considering regular bus~ness. All members of Council, with the exception of Alderman Cheesman who was absent due to illness, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the m~nutes of the meeting held November 13th, 1989, be adopted as printed. Carried Unanimously. DEPUTATION UBHd~J~TF~D TREE - 4907 ONTARIO AVENUE: Mr. Rick McRae, 4907 Ontario Avenue, was granted permission to speak on the motion of Alderman Cummings, seconded by Alderman Cowan. He discussed his concerns regarding a mature chestnut tree growing beside his driveway on City property and partially on has property, in terms of visibility respecting traffic on Ontario Avenue at Simcoe Street, intrusion of the tree on his property, tree roots growing into his sewers and raising his basement floor, litter from the tree, and his inability to enlarge his driveway to parr a second car while the tree remains. He stated that the City was going to cut the tree earlier today but had been stopped. Alderman Orr advised that she had called and put a '*stop order on cutting down the tree~', that it was a healthy, mature tree and she opposed having the tree cut. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the matter be referred to Staff and the Greening Committee for investigation and a report. Carried Unanimously. L -2- UNFINISHED BUSINESS PART LOTS - FALLS INDUSTRIAL pABK: C-89-43 - Chief Administrative Officer - Re: Part Lots 53 & 54, Plan 243, Part 4 on Reference Plan No. 59R-4981 - Palls Industrial Park. The report recommends that Council authorize the sale of Part of Lots 53 and 54, Part 4, to 603574 Ontario Limited, at the purchase price of $42,000.00 subject to the Purchaser entering into the City's standard 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 Ward, that the report be received and adopted. Carried Unanimously. SJe By-law No. 89-282· ~/COVER~.~E OF C0U~CIL ~EETINGS C-89-~4 - Chief Administrative'0fficer ' Re: TV Coverage of Council Meetings. The report recommends that permission be granted to Armstrong Communications Limlted to install, at their cost, the necessary modifications to Clty Hall to accommodate a cable hookup. Hr. Glenn Gandy, General Manager, Chamber of Conunerce, was in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously- COMMUNICATIONS No. 418 - Regional Niagara Public Works Department - Re: Overflow Reduction Alternatives. The communication attaches Report DEP-3009 for information. Alderman Harrington requested information regarding the acceptability of holding tanks on private property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be referred to Staff. Carried Unanimously. No. 419 - Regional Niagara Planning& Development Department - Re: Housing Sites Inventory for the Niagara Region as of December ~l, 1988. The communication attaches Report DPD 2583 for the information of Council.' ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be referred to the MaYor~s Housing Committee and Staff· Carried UnanimouslY· No. 420 - Regional Niagara Public Works Department - Re: Construction ProgresS, Report to October 31, 1989. The communication attaches Report DEP-3010 .for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the conmunication he received and filed· Carried UnanimouslY. No. 421 - Ministry of Housing - Re: Rental Housing protection Act, 1989. The communication attaches ReSulation 586/B9 for information. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cummings, that the communication be received and referred to the Social Planning Council for comments, and further, that a copy be forwarded to the Non-Profit Housin8 Committee. Carried Unanimously, No. 422 - alderman Janvary, Special Ol)nnpics Chairperson - Re: Celebration Night - December 1, 1989, German Village. The communication invites Council to attend the event which will recognize athletes, volunteers and sponsors. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. -3 - No. 423 - Niagara Falls Economic Development Agency - Re: Regional Contribution Towards Cost of Servicing Industrial Lands. The communication provides information regarding the subject matter. CRDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the communication be received and referred to Staff for a report, which should include the comments of the Economic Development Agency. Carried Unanimously. REPORTS HR-89-16 - Chief Administrative Officer - Contract Employment Policy The report provides information regarding contract employment in respect to other Municipalities, and recommends that the attached Con[tact Employment Policy be approved by Council. Alderman Janvary declared a conflict of interest because her husband has a dental business. 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 the following vote: AYE: Aldermen Campbell, Cowan, Cunmlings, Harrington, Hinsperger, Hopkins, Orr, Sherat and Ward. NAYE: Alderman Puttick. MR-89-18 - Chief Administrative Officer - Re: Employment Equity (Equality of Opportunity). The report recommends that the City of Niagara Falls adopt the attached Policy concerning the equal opportunity of employment for all persous in accordance with the Ontario Buman Rights Code and the Charter of Rights and Freedoms. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously, PD-89-17~ - Chief Administrative Officer - Re: PCB Chemical Destruction at Eight (8) Different Substations for Niagara Falls Hydro - 1. Morrison Street; 2. Kalar Road; 3. Dorchester Road; 4. Margaret Street; 5. Park Street; 6. Huron Street; 7. Pew Street; 8. Drummond Road. The report recommends the following: 1) That Council endorse the proposal to decontaminate PCB's at the above 8 substations, conditional upon - (a) the proponent notifying the Fire Chief of the actual commencement of the decontamination process for each site; (h) meeting all applicable MOE standards and utilizing MOE approved technology; (c) obtaining prior approval of the City, if Municipal water or sewers are to be used; 2) That Council notify the MOE and the proponent regarding recommendation (1), that no other local permits are required, and that the 30 day notification period may be waived; 3) That Council request Sanoxen International Inc., to notify area residents and school boards within 200 feet of the site operation, 48 hours prior to commencing operations, with a brief explanation of the operation and a contact name and telephone number to address possible concerns. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-86 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Chiropractic Clinic; 4072 Portage Road. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Chiropractic Clinic, and the site plan being drawing Number 1, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 1, 1989, and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Einsperger, that the report be received and adopted. Carried Unanimously~ B-89-88 - Chief Administrative Officer - Re: 5535 Slater Avenue - Property Standards. The report recommends that the Corporation retain a work crew to forthwith complete the Order of the Property Standards Officer. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman ltinsperger, that the report be received and adopted. Carried Unanimously. MW-89-242 - Chief Administrative Officer - Re: By-law 89-286, All-Way Stop; Barker Street & Corwin Avenue. The report recommends that By-law 89-286, amending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads), appearing later on the agenda, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried UnanimouslY5_ See By-law No. 89-286. MW-89-243 - Chief Administrative Officer - Re: By-law 89-287, Queen Street; stopping, Standing, Parking. The report recommends that By-law 89~287, amending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads), appearing later on the agerids, be approved. ORDERED on the motion of Alderman ltinsperger, seconded by'Alderman Campbell, that the report be received and adopted. Carried Unanimously. See By-law No. 89-287.. MW-89-244 - Municipal Works Committee - Re: Committee Report: Update on Elimination of Sanitary Sewer Overflow Strategy for the City of Niagara Falls. The report recommends the following: 1) That this report be received for the information of Council; and 2) That Council's input be given at this time on how Staff should deal with site plan applications and rezonings which adversely affect the sanitary sewer system in the ~nterim period until a City ~trategy can be finalized and approved by the Ministry of the Environment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that applications for which Staff has concerns be submitted to Council to be dealt with on an individual basis. Carried Unanimousl~ MW-89-245 - Municipal Works Committee - Re: recommends the following: 1) 2) Committee Reports: The repmrt MW-89-119 - Street Light Pole Repairs - It is recommended that we discontinue the report of street light poles with the special cement product used by polymeric Engineering Ltd, HW-89-13D - Interim Status Report & Recommendations on City's Impost Levy Review Study - It is recommended that: (i) By-laws be passed by the City to authorize the City's impost levies charged for new developments in accordance with the requirements of Bill 20, which is currently before the provincial Legislature for third reading consideration; and (ii) The City's current impost levy charges be increased on an interim basis by a factor of 2.18, which reflects the Southam Composite Construction index cost of construction inflation rate from the 1974 construction costs to present day costs. . . . 5 - 5 - 3) MW-89-233 - All-Way Stop Request - Orchard Avenue at Dixon Street - It is recommended that an all-way stop control not bc lostailed at tile intersection of Orchard Avenue at Dixon Street. During the discussion, the Director of Municipal Works was asked to check the success rate of other Municipalities with respect to street light pole repairs. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Campbell voting contrary on Recommendation No. 3, and with all others voting in layout. See By-law No. 89-292, and By-law No. 89-245. MW-89-246 - Monicipal Works Committee - Re: Coramittec Report: City Initiation of Road, Curb & Gutter Local Improvement Works. The report recommends the following: 1) That the City of Niagara Falls initiate Local Improvement By-laws, under Section 12 of the Local Improvement Act, Chapter 250, for: (i) Road improvements, curbs & gutters and sidewalks on Keiffer Street from Dorchester Road to University Avenue, subject to 1990 Budget approval; (ii) Road improvements and curbs & gutters on Russell Street from Dorchester Road to St. Paul Avenue; and 2) That meetings with residents on Arthur Street, Duke Street and Morden Drive and residents on Stamford Green Drive, be deferred until mid-1990 for City- initiated works to commence in 1991 because of the possibility of unavailability of funds in the 1990 Budget. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-89-247 - Chief Administrative Officer - Re: Purchase of Parking Meter Mechanisms - Quotations. The report recommends that the quotation for the supply and installation of parking meter mechanisms (to accommodate the new rate increase) by 3.j. Mackay Canada Ltd., at an estimated cost of $22,475.00, be approved. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-89-248 - Chief Administrative Officer - Re: By-law 89-290, Ellen Avenue Parking Lot. The report recommends that By-law No. 89-290 (Meter Rate Increase), amending By-law No. 85-205, appearing later on the agenda, be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report he received and adopted. Carried Unanimously. See By-law No, 89-290. F-89-~3 - Chief Administrative Office - Re: Municipal Accounts. The report recommends that the accounts totalling $2,410,896.38 for the period ending November 20, 1989 be approved by the passing of the by-law appearing later on the agenda, Alderman Hinsperger declared a conflict of interest on Cheque Nos. 52878 and 52879 because he has a monetary interest. Additional information was provided on Cheque Nos. 52921, 52965 and 52971. and further information was requested on Cheque No. 52857. ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Hinspcrgcr abstaining from the vote on Cheque Nos. 52878 and 52879, on a conflict of interest previously recorded; and with all others voting in favour. See By-l~w No. 89-294. -6- CD-89-81 - Chief Administrative Officer - Re: Council Meetings - Holiday Season. The report recommends the following: 1) That the Council meeting normally scheduled for Monday, December 25, 1989, he cancelled; 2) That the Council meeting normally scheduled for Monday, January 1, 199B, be cancelled; 3) That Council determine if they wish to reshedule the cancelled January 1, 1990 meeting to January 2, 1990, or January 8, 1990. ORDERED on the motion of Alderman puttick, seconded by Alderman Cummings, that the report be received, Recommendation Nos. 1 and 2 be adopted, and a meeting be scheduled for January 8th, 1990, subject to an emergency situation which might necessitate a meeting prior to that date. Carried UnanimouslY. CD-89-82 - Chief Administrative Officer - Re: Appointments to Region Niagara Tourist Council. The report recommends that Council reaffirm the appointment of Alderman N. puttick as Council representative and Alderman M. Harrington as alternate, on the Region Niagara Tourist Council, for the year 1990 as provided for in By-law 89-01 paragraph 27. Alderman Puttick asked that Alderman Harrington, who has artended the meetings be appointed as Council representative, and that he be an alternate. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that Alderman Harrington be appointed as Council representative to the Region Niagara Tourist Council, with Alderman puttick acting as an alternate. Carried Unanimously. It was moved by Alderman Campbell, seconded by Alderman Ward, that the Niagara Falls Visitor and Convention Bureau be contacted to ascertain if they have any objection to a third alternate Council representative being included in their Board. The motion ~arried with the following vote: AYE: Aldermen Campbell, Harrington, Hinsperger, Hopkins, Janvary, Puttick, Sherar and Ward. NAYE: Aldermen Cowan, Cummings and Orr. CD-89-83 - Chief Administrative Officer - Re: Appointment to Niagara Parks Commission. The report recommends that Council seleqt an appointee to serve for the 1990 term as the Council's representative on the Niagara parks Commission ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that Alderman Campbell be appointed to the Niagara Parks Commission for the 1990 term. Carried Unanimously, CD-89-84 - Chief Administrative Officer - Re: Appointments to Various Boards, Commissions and Committees. The report recommends that an advertisement be placed in the local paper advising of vacancies which will occur on certain Boards, Commissions, and Committees at the end of the current year and inviting those citizens who may wish to serve, to submit a request for appointment on forms provided by the City Clerk~s Department, and that a further report be prepared outlining the applications received, for Council's consideration at its meeting to be held on December 18, 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-89-85 - Chief Administrative Officer - Re: Special Sales By-law. The report provides background information regarding the concern of the Chamber of Commerce over types of sales which occur in the City from time to time, particularly with respect to people entering the City for three or four days out of a year, adver- tising in the local newspaper and conducting a special sale~ and recommends that Council pass the by-law appearing on this evening's ageado. - 7- Mr. Glenn Candy, General Manager, Chamber of Commerce, was in attendance to express his concerns regarding merchants coming into the City and "dnmpjng goods" which is detrimental to City taxpayers, as well as the selling of "ioferior products under the guise of proper sales". He stated that the intent was to allow merchants "to carry on without unfair competition", During the discussion that followed, it was noted that the Downtown Board of Management was unaware of the proposal. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be tabled. Carried Unanimously, CB-89-86 - Chief Administrative Officer - Re: Suspension of Bingo Liceace; Ukrainian Catholic Women~s League of St. Mary's Church. The report recommcods that Council revoke the currefit bingo liccnce of the Ukrah~ian Catholic Women's League of St. Mary's Church and that a three month suspension be issued, to commence November ~6th, 1989. Aldermen Cummings, Hopkins and Ward declared conflicts of interest because they arc members of organizations which conduct bingos. Mrs. Ollie Schwieg and Mrs. Rose Bobyk, representiug the Ukrainian Catholic Women's League of St. Mary's Church, were in attendance. Mrs. Schwjeg explained the reasons for the delay in submitting reports subsequent to bingos held by the organization, apologized for the delay, and asked that Council to postpone suspension of the licenee. The Bingo Inspector explained the background details with respect to the submission of bingo reports by this organization. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Cumnings, Hopkins and Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour, M-89-10 - Mayor Smeaton - Re: Arts Commission. The report requests Council to initiate a study, by Staff and a Committee of Council, to consider the formation of a new Commission in the City of Niagara Falls, to deal with all matters pertaining to the arts. ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, that the matter be referred to Staff for investigation and a report. TIm motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cowan, Harrington, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherar and Ward. Alderman Cummings. RESOLUTION No. 62 - Cb~INGS - IiINSPERGER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for interim payment under the Public Transportation and llighway Improvement Act on expenditures made in the year 1989, in the amount of $5,126,753.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 89-282 - A by-law to authorize the sale of land in the Falls Industrial Park to 603574 Ontario Limited. No. 89-286 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop signs) (Barker Street). - 8 - No. 89-287 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping, Standing and parking) (Queen St.). No. 89-288 - A by-law to amend By-law No. 79-200, as amended, (AM-16/89 & 0PA No. 182, Fiore Lupia; s/s Thorold Stone Rd.; Report pD-89-97 approved by Council July 10, 1989). No. 89-289 - 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-16/89 & OPA NO. 182, Fiore Lupia; approved by Council July 10/89). No. 89-290 - A by-law to amend By-law No. 85-205, being a by-law to provide for establishing parking Jots in the City of Niagara Falls, and for the regulating, supervising and governing the parRing of vehicles thereon and charging a fee for sucll parking. (Parking Meters). No. 89-291 - Withdrawn. Re. 89-292 - A by-law to establish levies in respect of residential and commercial development. No. 89-293 - A by-law to designate certain land not to be subject to part lot control. (Blocks A, B, C, D, E, F and G, & Lots I and 2, RF b1-59). No. 89-294 - A by-law to provide monies for general' purposes. No. 89-295 - A by-law to amend By-law No. 73-267, being a by-law to impose special charges on certain classes of buildings with respect to. sewer and water systems. The motion Carried with Alderman Janvary voting contrary on By-law Nos. 89-288 and 89-289; with Aldermen Hinsperger abstaining from the vote on By-law No. 89- 294 on a conflict of interest previously recorded under Report No. F-89-53; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-law be now read a second time: t No. 89-295 - A by-law to amend By-law No, 73-267, being a by-law to impose special charges on certain classes of buildings with respect to sewer and water systems. Carried Unanimously. 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. 89-282 - A by-law to authorize the sale of land in the Falls Industrial Park to 603574 Ontario Limited. No. 89-286 - A by-law to amend By-law No. 89-2000, being a'by-law to regulate parking and traffic on City Roads. (Stop signs) (Barker Street). No. 89-28~ - A by-law to amend By-law No. 89-~000, being a by-law to regulate parking and traffic on City Roads. {Stopping, Standing and Parking) (queen St.). Nu. 89-288 - A by-law to amend By-law No. 79-200, as amended. (AM-16/89 & OPA No. 182, Fiore Lupia; s/s Thorold Stone Rd.; Report PD-89-97 approved by Council July 10, 1989). -9- No. 89-289 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in s~te plan controI areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Plamfiog Act, 1983. No. 89-290 - A by-law to amend By-law No. 85-205, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for the regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. (Parking Meters). No. 89-291 - Withdrawn. No. 89-292 - A by-law to establish levies in respect of residential and commercial development. No. 89-293 - A by-law to designate certain land not to be subject to part lot control. No. 89-294 - A by-law to provide monies for general purposes. No. 89-295 - A by-law to amend By-law No. 73-267, being a by-law to impose special charges on certain classes of buildings with respect to sewer and water systems. The motion Carried with Alderman Janvary voting contrary on By-law Nos. 89-288 and 89-289; with Aldermen Hinspcrger abstaining from the vote on By-law No. 89- 294 on a conflict of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEM OF INTEREST: Invitation to Her Majesty Queen Elizabeth II - His Worship Mayor Smeaton referred to his Handout communication requesting the approval of Council to forward an invitation to Her Majesty Queen Elizabeth II and her family to share in the celebration of the 200th Birthday of Portage Road in 1989. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that approval be granted. Carried Unanimously. ITEM OF CONCERN: Task Force on Prostitution - Alderman Harrington referred to a Report of the Niagara Falls Y.W.C.A., Task Force on ProstitUtion, and submitted the report for distribution to members of Council. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, FORTY-SEVENTH MEETIN__G CO~fi~ITTEE OF THE WHOL__E Committee Room #1 November 27, 1989 Council met on Monday, November 27th, 1989, at 6:00 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cheesman who was absent due to illness, and Alderman Cummings who was on vacation, were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, S. SMEATON PLANNING/REGULAR MEETING Council Chambers November 27, 1989 Council met on Monday, November 27th, 1989, at 7:30 p.m., for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Cheesman who was absent due to illness, and Alderman Cummings who was on vacation, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Sherar asked that Alderman Chessman be remembered in the Prayer, and offered the Opening Prayer. ADOPTION OF MINUTE~ Alderman err asked that the minutes of November 13, 1989 be amended under Deputation, to read "visibility respecting traffic on Ontario Avenue at Simcoe Street". ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the minutes of the meeting held November 20th, 1989, be adopted as amended. Carried Unanimously. PRESENTATIONS RECOGNITION AWARDS - FESTIVAL OF LIGHTS/CHRISTMAS LICHTING CONTEST: His Worship Mayor Smeaton, with the assistance of Alderman Janvary, Chairman of the Civic Committee, and Robert Hutcheon, a member of the Committee, congratulated and presented the following winners of the 1988-89 Festival of Lights Awards with Recognition Awards: Residential - Frank and Sandra Leslie, Robert Smith, and Paul Toth; Commercial - Mrs. Pat Gunning accepted the Award for Ginger Lily, Lionel Lauzon for Washington Mills, and Wendy Kershaw for Bloom & Basket; Ronourable Mentinn - Kathy Scotdine accepted the Award for Our Lady of the Scapular Roman Catholic Church; Harold Barnes and Major Harold Ridout for the Salvation Army Eventide Home; and Mrs. Michelin Jones for Imperial Towers. REPORTS - PLANNING MATT.EBS- PD-89-178 - Chief Administrative Officer - Ret Zoning Amendment Application AM- 34-89 River Realty Development (1976) Inc., and O.P.A. No. 185; Montrnee and Thorold Stone Road - Proposed Community ShoppinE Centre -AND - ZoningAmendment ApplicationAM-18/89 and O.P.A. No. 188; Thorstone Properties Inc., Thorold Stone Road - Proposed Bulk Food Store. The report recommends the followingz -2- proposed Community Shopping Centre - It is recommended: 1) That the planning objectives set out in the 1988 Commercial/Office Opportunities Study for the establishment of a community-sized shopping centre in the Northwest Community Planning District be confined through Council's approval of amendment applications AM-34/89 and O.P.A. 185; 2) That the development of the proposed shopping centre be undertaken in phases as per the marketing report submitted by the IBI consulting firm, dated August 1989 and revised August 9, 1989; 3) That the implementing zoning by-law for the first phase of the development include the following provisions - - gross leasable floor area be limited to 200,000 sq. ft.; - department store type be limited to a 65,000 sq. ft. Junior department store; -maximum height of all buildings and structures be reduced from 18.0m to 12.0m; - minimum setbacks be increased on the north property line from 18.0m to 33.0m; - minimum landscaping provision of 27% of gross site area; - building coverage be limited to 20% of the gross site area; 4) That matters respecting servicing, grading, etc., be addressed through appropriate development agreements and the Site Plan Control process; 5) That the recommendation of the Municipal Works Department for the dedication of lands, improvement and maintenance of the W-5-2 watercourse be secured through appropriate agreements. Proposed Bulk Food Store - It is recommended: 1) That the planning objectives set out in the 1988 Commercial/Office Opportunities Study which encourage the consolidation of commercial land uses and promote the redevelopment and infilling of existing commercial areas be maintained; 2) That the redesignation of industrial lands, as requested in amendment applications AM-18-89 and O.P.A. 198 for commercial development purposes, not be supported. ~ Co~mnication No. 4241-14ilran Development Consultants - Re: 0PA No. 185 and AM-34/89. The communication expresses objection to the proposal on behalf of their clients, 820872 Ontario Limited, because "the present market demand does not justify the proposal and it should be declared premature". -AND- Communication No. 424B - MinistrY of Transportation - Re: OPA No. 185, Lots 3 & 4, RP 147, Community Shopping Center, Hwy. No. QEW, District No. 4, Burlington. The communication states that the Ministry does not object to the approval of the application, subject to conditions regarding access and building setbacks, and the possibility of MTO lands becoming surplus and incorporated into the proposal and permits. -~fi~D- Communication No. 424C - Leslie Construction & Investment Ltd. - Re: Rezoning Application AM-34/89 and OPA 185, River Realty Development (1976) Inc. The communication expresses objection to the fezcuing because of its promaturity, because of "empty commercial space" in the City and the difficulty encountered by established businesses to survive in the "oversaturated commercial marketplace". -~I~D- Cosmunicatton No. 424D - Regional Niagara Plannin~ & Development Department - Re: 0PA 185, Lot 3, Part Lot 4, RP 147, Lots 62 and 71 (former Twp. of Stamford). The communication advises that the applicant's proposals will resolve the concerns of the Regional Planning Department, and attaches comments from the Regional Public Works Department indicating that the Niagara Public Works Staff have no objections. Communication No. 424E - W. Scott Morgan, M.C.I.P. - Re: Proposed Commisso Food Terminal, Brights Industrial Complex. The communication, which was addressed to Victor F. Muratori, Solicitor, discusses the probability survey conducted during the period of November llth to 17th, 1989, on the food shopping patterns of Niagara Falls residents, and indicates that "the growth in the market, coupled with the high per capita FCTM expenditures, will contribute to sufficient sales support for the Commisso Food Terminal and a proposed supermarket in the Northwest Community without jeopardy to the planned function of existing food retailing nodes". Communication No. 424F ~ IBI Group - Re: Thorstone Properties Inc., Zoning Amendment Application to permit a retail food store ( a supermarket) on a 4.1 ha. site located on the south side of Thorold Stone Road between Carrol Avenue and CNR Line. The communication outlines the concerns of their client, River Realty (1976) Inc., regarding the application, in terms of inconsistency with Official Plan Industrial policies, inconsistency with Official Plan industrial and commercial policies contained in the Commercial/Offices Opportunities Study adopted by Council on June 25th, 1989, inconsistency with the General Industrial Zone regulation of Zoning By-law 79-200, and not "considered desirable because industrial use is still considered the most appropriate use for the subject site". Communication No. 424G (HANDOUT) - Ministry of Transportation - Re: Proposed OPA 185, Lots 3 & 4, Community Shopping Centre. The communication provides corrected information regarding Building Setbacks, that all commercial buildings and structures must be setback a minimum distance of 45 feet from the widened limlt of the QEW. -AND - Communication No. 424H (HANDOUT) - Ontario Hydro - Re: Zoning Amendment ApplicationAM-18/89 & 0PA 188. The commuuication advises that the Ontario Hydro has no objection to approval of the subject document. Communication No. 4241 (H~HT) - Mrs. D. Lappan - Re: The communication expresses approval of the application. Commisso Food Store. -AND - Conmunication No. 424J (BANDOUT) - Nilran Development Consultants - Re: OPA No. 188 & AM-18/89. The communication expresses opposition to the application because of its promaturity and adverse affect on the existing Thorold Stone Mall and its proposed extension. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the two aforementioned rezoning matters would be dealt with as in Report No. PD-89-178, with River Realty Development (1976) Inc., O.P.A. 185 and AM- 34/89 being considered first, and then Thorstone Properties Inc., AM-18/89 and O.P.A. 188. Me explained the procedure to be followed under the Planning Act, and declared the Public Meeting open. The Clerk Advised that the Notices of the Public Meeting, and Notification with respect to the Official Plan Amendments was published in the Niagara Falls Review on October 27th, 1989. His Worship Mayor Smeaton received indication that Mr. V.F. Muratori, Solicitor, was in attendance on behalf of Thorstone Properties Inc.; that Mr. Stewart Branscombe, was in attendance on behalf of River Realty Development (1976) Inc.; and received a positive response to his request for a show of hands by persons interested in 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. 4 - 4 - Alderman Hopkins declared a conflict of interest with both applications because he is employed by a firm which is negotiating management of property associated with River Realty Development. Alderman Ward declared a conflict of interest with the applications because he is a shareholder in Thorstone properties Inc. The Director of Planning & Development advised that the purpose of the combined recommendation report was to permit the simultaneous consideration of both development proposals, one of which is a supermarket (bulk food store) and the other which includes a supermarket as part of an overall community shopping centre complex, He discussed the application of River Realty Development (1976) Inc., the property being located on the east side of Montrose Road, north of Thorold Stone Road and abutting the Queen Elizabeth Way, with the assistance of posted sketches; and reviewed the following information contained in Report PD- '~89-178: Background, Planning Review & Summary, Official Plan, Proposed Zoning Amendments, Land Use Compatibility, Commercial Needs Analysis, Implications for Land Uses, and Site Plan Control, and concluded that the development of a community sized shopping centre in the Northwest Community appeared to make good planning sense, subject to limitations. Me further reviewed the recommendations contained in Report pD-89-178. The Director of Planning & Development discussed the application of Thorstone properties Inc., for a Bulk Food Store, the property being located on the south side of Thorold Stone Road, being the site of the former Bright's Canning Company Ltd., and knownMunicipallY as 5900 Thorold Stone Road, with the assistance of posted sketches. He reviewed the following information contained in Report PD-89-178: Background, Planning Review & Summary, Official Plan, proposed Zoning Amendments, Land Use Compatibility & Impact, Commercial Needs Analysis, Implications for Land Uses, and Site Plan Control, and concluded that Staff could not recommend approval because information had not been provided to demonstrate need, other locations were in existence within the Stamford Shopping Centre area to accommodate new commercial development, and serious questions regarding the land as compatible remain outstanding. He further reviewed the recommendations in report PD-89-178. Since there was no objection by the agents or the proponents, His Worship Mayor Smeaton advised that the application of River Realty Development would be considered first, and after hearing both applications a decision would be made. The following persons addressed Council in support of the application for River Realty Development: George Schneider, 3811Montrose~Road; Robert Gale jr., representing Gales Gas Bars Limited, 4388 Portage Road, and living at 1819 York Road, St. David's; and Tim Neill. They expressed the view that the application to approve would deter local citizens from shopping out of town, and asked Council to endorse the proposal. Mrs. Anna Corfield, Chairman, Downtown Board of Management; Randy Smith, Solicitor, Oshawa Group; Ken Farten; V.F. Muratori, Solicitor; George Artsell, 6141 Valleyway; and the Administrator of the Thorold Stone Mall, expressed opposition to the application. Mrs. Corfield suggested that rather than a small junior department store, a large one would be more appropriate in terms of competition for the Penn Centre; she referred to the low occupancy rate in strip malls throughout the City and to available commercial land in the City; and discussed vacancies in the downtown area, Niagara Square and Main Street. She suggested that the proposal was premature, that population growth in the City did not warrant another plaza, and further, that people drive to shopping areas they prefer because of presentation and prices. Mrs. Corfield referred to the proximity of Shriner's Creek. Mr. Randy Smith, Solicitor for the Oshawa Group which owns two Food City stores in Niagara Falls, expressed the opinion that both the River Realty proposal and the Thorstone properties application for a bulk food store would have a "very negative affect on the viability of the existing food markets in 'the north end". Re asked Council to deny both applications. Mr. Victor F. Muratori, Solicitor, expressed the view that the Commercial/ Office Opportunities Study identified the need for a shopping centre "somewhere -5 - in the vicinity of Thorold Stone and Montrose Roads", however, not necessarily on the subject site, and not until 1995. He stated that he was concerned that the application for the proposed Community Shopping Centre had "been accelerated out of its time frame as a matter of blocking" his client's application' for a Bulk Food Store. Mr. Stewart Branscombe, River Realty Development (1976) Inc., discussed construction plans and benefits to the community in terms of anticipated employment, tax dollars and retention of shopping currently "being lost to the St. Catharines market". He distributed copies of letters from A & P Properties Limited, Shoppers Drug Mart, The Toronto-Dominion Bank and Zellers, indicating an interest in locating at the proposed Shopping Centre and their intention not to close existing businesses in the City of Niagara Falls. Mr. Branscombe stressed the need for "anchor" tenants in order to maintain a successful Centre. He stated that because of the necessity for Niagara Square to acquire a major department store, River Realty would guarantee that it would "never apply for the major department store". He denied trying to "block" the Bulk Food Store, sympathized with the downtown merchants and stated that the problems in the downtown area were not related to the Mt. Carmel Centre, in terms of the need for a shopping centre in the northwest sector. Mr. Branscombe stated that River Realty was prepared to work with Professor Smith and City Staff in connection with Shriner's Creek, as required by the Neighbourhood Plan. He discussed the proposed design for construction at the rear, the construction of turning lanes on Thorold Stone Road, to be paid by River Realty, and asked Council's approval of the proposal, Mr. Branscombe responded to questions raised with respect to residential rezoning, the W-5-2 watercourse, as well as responsibility and construction of the required turning lanes, and advised that River Realty had been asked to conduct a noise attenuation study for Mt. Carmel III. The Director of Planning & Development responded to questions raised regarding the consultants and membership of the resource panel for the Commercial Office Opportunities Study and Detailed Impact Study prepared by the IBI Group for River Realty, and discussed the recommendations in the Technical Report being based on available information. In response to questions raised by Mr. Albert Zappitelli, 3638 Montrose Road, Mr. Branscombe advised that site plan requirements for the plaza would be met with respect to fencing, and servicing would be installed. His Worship Mayor Smeaton declared the Public Meeting open with respect to the application of Thorstone Properties Inc. AM-18/89 and O.P.A. 188, and advised that the procedure would be similar to the previous application. In response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in support of the application, Mr. Ken Fatten addressed Council to support the proposal because of anticipated reduced food prices, and competitivehess of a shopping centre. He stated that he had names of other people in favour of the application. Mr. A1 Goar, President of Group 2 Development, addressed Council in opposition to the proposal, and reviewed a letter of opposition which had been submitted to the Clerk earlier this evening. The communication expresses objection because there are already three major food stores and a smaller one within the Stamford Shopping area, anticipated population stability, lack of gross sales in the large supermarkets, and a weakening of the position of present stores by additional food stores. He stated that the application for a supermarket was not a necessary addition to the market place. Mr. Ray Steele, Solicitor for Lubrizol Canada, advised that Lubrizol Canada "objects strenuously to the proposed Official Plan and By-law amendments", because of the chlorine which is used in the manufacturing of Lubrizol chemicals and stored in a 55 ton tank on the Lubrizol property immediately adjacent to the subject lands. He stated that Ministry of the Environment requirements were being met, however, the industrial use to the west of the Lubrizol lands was important as a buffer zone. Mr. Steele pointed out that manufacturing was important to the City in terms of additional dollars. He referred to the report prepared by professional planners for Lubrizol and submitted previously, stated that the Official Plan Amendment would be unnecessary if the property was - 6 - intended for a warehouse only, since the subject lands were already zoned industrial, and suggested that further encroachment of the area would require additional planning. Mr. Steele suggested that if expansion was considered, the guidelines of the Official Plan should be followed. Mr. Randy Grimes, IBI Group, stated that the Group had been retained by River Realty Development (1976) Inc., and had submitted their opposition to Council regarding the proposal of Thorstone properties Inc. He referred to the previous Market Study developed by the IBI Group, and drew comparisons with the recent one completed by W. Scott Morgan which was based on different variables. He stated that he would like the opportunity of looking into the more recent Study. Mr. John Lohmis, IBI Group, Associate, referred to Communication No. 424F, and the comments contained therein regarding inconsistencies with the Official Plan and Commercial/Offices Opportunities Study. He stated that the application for a Bulk Food Store was not considered appropriate or consistent with existing planning policies of the City. Mr. V.F. Muratori, Solicitor for the applicant stated that the Economic Needs Study had not yet been received, pointed out that this was an application, not only for a Bulk Food outlet, but to "rejuvenate 130,000 square feet of industrial space". He reviewed the proposal, stated that this was an area in "transition", and that the cost of occupancy in shopping plaza locations went towards the cost of food dollars. Mr. Muratori further stated that investigation had shown that the subject land was the only site possible for the development. He referred to a telephone survey and responses to indicate validity and a positive reaction to the proposal. Mr. W. Scott Morgan distributed and reviewed a recent Retail Market Appraisal, pointed out discrepancies in a former study caused by a change in population figures after the report was submitted, referred to food dollars going to the American market, and recommended that the application be approved from a market standpoint. Mr. Prank Commisso distributed and reviewed a brief he had prepared, referred to the anticipated employment of 580 full and part-time people, and discussed other Commisso Food Stores located within the Niagara Region. He stated that he was satisfied with the legislative safeguards in connection with Lubrizol Canada. Mr. Bob O'Dell, Miller O'Dell & Paul planningI Consultants, reviewed information contained in the Technical Planning Report of Bright's Industrial Complex. He stated that the building was fitted with the industrial uses in that particular location, and that no other appropriate sites had been found within the comunity. A discussion ensued regarding the possibility of a chemical leak from the holding tank on Lubrizol property, and the Fire Chief responded to questions raised regardin~ the affect of a chlorine leak on the environment. It was moved by Alderman Puttick, seconded by Alderman Janvary, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. Mr. Henry Muller, the applicant, reviewed his written submission requesting the approval of Council for the Bulk Food Store. Following further discussion, His Worship Mayor 3meaton declared the Public Meeting closed. It was moved by Alderman Puttick, seconded by Alderman Campbell, that the application of River Realty Development (1976) Inc., be denied. The motion was Defeated with Aldermen Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with the followin~ votez 7 AYE: NAYE: 7 Aldermen Campbell, Cowan and Puttick. Aldermen Herrington, Hinsperger, Janvary, Orr and Shetar. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the application of River Realty Development (1976) Inc., AM-34/89 and O.P.A. 185, for a Community Shopping Center, be approved, subject to the recommendations in Report No. PD-89-178. The motion Carried with Aldermen Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Harrington, Hinsperger, Janvary, Orr and Shetar. NAYE: Aldermen Campbell, Cowan and Puttick. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the application of Thorstone Properties Inc., AM-18/89 and O.P.A. 188, for a Bulk Food Store, be approved. The motion Carried with Aldermen Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Hinsperger, Janvary, Orr and Puttick. NAYE: Aldermen Harrington and Shetar. Ills Worship Mayor Smeaton announced a five minute adjournment at 12:O0 midnight. Following the recess, Council reconvened for the balance of the meeting. PD-S9-175 - Chief Administrative Officer - Re: Application for 1990-91 PRIDE (Program for Renewal, Improvement, Development and Economic Revitalization) Funding. The report recommends that the City submit to the Ministry of Municipal Affairs, by November 30, 1989, an application for 1990-91 PRIDE funding to extend community improvements along Valley Way from approximately Huron Street to Victoria Avenue, as well as along Queen Street from Buckley Avenue to Victoria Avenue. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 65. PD-89-177 - Chief Administrative Officer - Re: Role of Committee of Adjustment. The report provides background information and Reasons for Variance Procedure, and recommends that the contents heroin be noted and the report be received and filed. During the discussion, questions were raised with respect to policies and guidelines of the Committee of Adjustment, and a further investigation and report was requested. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report be tabled. Carried Unanimously. PD-89-173 - Chief Administrative Officer - Re: Tourism Official Plan Review/ Memorandum of Understanding. The report recommends the following: 1) That the City of Niagara Falls adopt a resolution to formally request a $35,000.00 Community Study Grant from the Ministry of Municipal Affairs and an equal amount from the Ministry of Tourism to assist in the City's endeavours to establish new Official Plan policies for its tourism development areas; 2) That Staff be directed to negotiate terms of reference for the proposed undertaking to the satisfaction of both Ministries and the City of Niagara Falls. - 8 - ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See Resolution No. 63. UNFINISHED BUSINESS MW-89-250 - Chief Administrative Officer - Re: Municipal Parking Lot #2B, Park Street and Erie Avenue. The report recommends that the By-law (Municipal Lot #2B - Parking Meters) amending By-law No. 85-205, appearing later on the agenda, be approved. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and adopted. Carfled Unanimously. See By-law No. 89-298. COMMUNICATIONS No. 425 - Regional Niagara Office of the Clerk - Re: Tax Levy & Tax Collection Experience, Area Municipalities, 1988. The communication attaches Report DF- 89-146 for the information of Council. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. No. 426 - Regional Niagara Office of the Clerk - Re: Retail Business Holidays Act, S.O. 1989. The communication attaches information regarding Report S/C.2. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 427 - Brian Sinclair, Solicitor - Re: Ascot Woods Extension 4. The communication attaches pictures of the Ascot Woods Extension 3 sign, indicating the development, and expressing concern that purchasers in Ascot Woods Extension 4 were unaware of the intensity of use prior to purchasing their property. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 428 - Niagara District Art Association Re: Grant Request. The communication requests funding for an expansion of the facility at the Recreation Commission Building. Mr. Ed Fantinel, 6422 Sherwood Road,~was in attendance with other interested members of the Association. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the communication be referred to the 1990 Budget considerations. Carried Unanimously. No. 429 - Think Rail Group - Re: Life After VIA Rail - Passenger Train Service for Southern Ontario. The communication attaches strategy information and requests comments. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that the communication be referred to Mayor Smeaton's office to obtain information through the Economic Development Agency and indicatin~ Council's support. Carried Unanimously. No. 430 - Andrew S. Brandt, M.P.P., Leader of the Ontario Progressive Conservative Party - Re: Farm Tax Rebate Program. The communication attaches information regarding the Program and requests support in opposing the proposal. ORDERED on the motion of Alderman Cowan, seconded by Alderman Harrington, that a letter of support be submitted to Mr. Brandt, and a copy to the Ontario Federation of Agriculture. Carried Unanimously,. 'No. 431 (HANDOUT) - Canada Safety Council - Re: National Safe Driving Week Campaign. The communication requests the support of Council in the 34th consecutive campaign entitled, "Courtesy - 9 - ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the communication be received and the request approved. Carried Unanimously. No. 432 (HANDOUT) - Ontario Human Rights Commission - Re: Proclamation. The communication asks Council to proclaim December 10, 1989 as "l{uman Rights Day" and the week of December 10 - 16, 1989, as "Human Rights Week". ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the request be granted subject to established policy. Carried Unanimously. REPORTS HR-89-19 - Chief Administrative Officer - Re: Council Salary Adjustments - December 1, 1989 to November 30, 1990. The report recommends that the salaries of members of Council be adjusted by 4.7%, effective December 1, 1989, in keeping with By-law Number 88-312 which governs the manner in which salaries are to be determined. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Harrington, Hinsperger, Hopkins, Orr, Janvary, Puttick and Ward. NAYE: Alderman Sherat. B-89-89 - Chief Administrative Officer - Re: 0.H.R.P. Loan 2625000829, Plan 75, Lot 43. The report recommends that Council approve the application for the Ontario Home Renewal Program, Loan No. 2625000829. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-89-90 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Mansions of Forest Glen, Phase I of II, Forest Glen Drive; By-law 85-133, By- law 88-29, A-67/89. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Condominium Development, and the site plan being drawing Number A-l, and the underground parking plan being drawing Number A-3 and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 9, 1989, and the site plan (mechanical) being drawing Number M-l, and the grading plan being drawing Number L-l, and the landscaping drawing being drawing Number L-2, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 10, 1989, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-91 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Addition to the Village Restaurant, 8053 Portage Road; A-72/89. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed restaurant addition, and the site plan being drawing Number GP-3, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 21, 1989, and that such approval be subject to the conditions included in the report. Mr. George Andreaes, the proponent, was in attendance. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-92 - Chief ~dmtnistrative Officer - Re: Site Plan Approval - Proposed Addition to the Ramada Falls View Inn, 6455 Buchanan Avenue; AM-20/89, By-law 89-255, The report recommends that the Council approve the site plan(s) on - 10 - display at tonight's meeting, being a proposed addition to an existing hotel, and the site plan being drawing Number 1 of 2, and the site services and grading being drawing Number 2 of 2 and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 22, 1989, and that such approval be subject to the conditions enumerated in the report. Alderman Janvary declared a conflict of interest because her son is employed at the Inn. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Janvary'abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Hinsperger, Hopkins, Orr, Puttick, Sherar and Ward. NAYE: Alderman Harrington. B-89-93 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Addition - Inn By The Falls, 5525 Victoria Avenue; Corner of Victoria Avenue and Hunter Street; A-71/86. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed addition to the Inn By The Falls Motel, and the site plan being drawing Number 1 of 2, and the site services and grading plan being Number 2 of 2, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 22, 1989, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. B-89-94 - Chief Administrative Officer Re: Site Plan Agreements and Requirements. The report recommends that the by-law appearing on tonight's Council agenda, which authorizes the execution of Site Plan Agreements, be approved. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 89-299. F-89-54 - Chief Administrative Officer - Re: Borrowing By-law. The report recommends that the Council of the City of Niagara Falls apthorize the borrowing of up to $10,000,000.00 until the taxes for the year 1990 are collected, and that Council approve of the by-law appearing later on this agenda which supersedes By-law 88-319. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 89-297t F-89-55 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,292,673.77 for the period ending November 27, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 53077 because he has a monetary interest. Alderman Ward declared a conflict of interest on Cheque NO. 53104 because he is a member of the Club. Additional information was provided on Cheque Nos. 52314 and 53163. ORDERED on the motion of Aideman Hopkins, seconded by Aideman Janvary, that the report be received and adopted. The motion Carried with Aldermen Htnsperger and Ward abstaining from the vote on Cheque Nos. 53077 and 53104 respectively, on conflicts of interest previously recorded; and with all ethers voting in fayour. See By-law No. 89-300. -]! _ RESOLUTIONS No. 63A- HINSPERGER - COWAN - RESOLVED that the City of Niagara Falls seek funding assistance from the Ministry of Municipal Affairs under the Community Planning Study Grant Program and the Ministry of Tourism and Recreation, in the amount of $35,000.00 each, to undertake a study to update the Official Plan with respect to tourism development, and implement the joint Memorandum of Understanding; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 64 - RINSPERGER - COWAN - RESOLVED that Alderman Mark ltopkins be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton, from December 3rd to 6th, 1989, inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 65 - ORR - HINSPERGER - RESOLVED that the City of Niagara Falls makes application to the Ministry of Municipal Affairs for a Provincial Grant in the amount of $300,000.00 for the 1990-91 P.R.I.D.E. Program to extend community improvements along Valley Way, from approximately Huron Street to Victoria Avenue, as well as along Queen Street, from Buckley Avenue to Victoria Avenue; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that leave be granted to introduce the fpllowing by-laws, and the by-laws be read a first time: No. 89-29~ - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1990. No. 89-298 - A by-law to amend By-law No. 85-205, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for the regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. (Parking Meters). No. 89-299 - A by-law to amend By-law No. 80-54, being a by-law to authorize the execution of site plan agreements. No. 89-300 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Ward abstaining from the vote on By-law No. 89-300, on conflicts of interest previously recorded under Report No. F-89-55; and with all others voting in favour. ORDERED on the motion of Aideman Orr, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 89-297 - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1990. No. 89-298 - A by-law to amend By-law No. 85-205, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for the regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. (Parking Meters). No. 89-299 - A by-law to amend By-law No. 80-54, being a by-law to authorize the execution of site plan agreements. No. 89-300 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Ward abstaining from the vote on By-law No. 89-300, on conflicts of interest previously recorded; and with all others voting in fayour. .... 12 - 12- NEW BUSINESS ITEMS OF CONCERN: Niagara Falls Information Centers - Alderman Campbell expressed his concern regarding a brochure he had received through the Niagara Falls Visitor & Convention Centre, which was being distributed through The Gray Line, North Tonawanda, N.Y. The brochure contained FORTY-EIGHTH MEETING Council Chambers December 4, 1989 Council met on Monday, December 4th, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Cheesman who was absent due to illness, and Mayor Smeaton, were present. Acting Mayor Mark Hopkins presided as Chairman. Alderman Cowan offered a Prayer by Robert Burns as the Opening Prayer. a map Of the area and a list of comparison prices in Canada and the United States, as well as erroneous information with respect to the necessity of obtaining aa yellow card in order to drive in Canada. He asked that Staff investigate this matter. City Hall/Tree Lights - Alderman Puttick discussed his concerns regarding the need for additional lights on the Christmas tree which had been installed in front of City Hall, and asked that Christmas lights be placed on trees in the Centennial Square. It was moved by Alderman Campbell, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, · · ga, · ,,.; · · . . . , , 8. s,EAToN ADOPTION OF MINUTES ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the minutes of the meeting held November 27th, 1989, be adopted as printed. Carried Unanimously. L DEPUTATION Y.W.C.A. OF NIAGARA FALLS - SOCIAL JUSTICE COMMITTEE: Communication No. 433 - Social Justice Committee, Y.W.C.A. - Re: Gender Neutral Language. The communication asks Council to consider changing the name "Alderman" to "Councillor". Ms. Marlene LaForge, Social Justice Committee of the Y.W.C.A., Ms. Franca Moss, Vice Principal of E.L. Crossley Secondary School, and Mrs. Helga Campbell, Vice Principal, Niagara Falls Secondary School, addressed Council with respect to the subject matter and asked Council to address the issue. Following a discussion on the matter, it was moved by Alderman Cummings, seconded by Alderman Harrington, that the name "Alderman" be changed to "Councillor", and that the vote be recorded. The Clerk polled the Members of Council as follows: Alderman Campbell AYE Alderman Cowan NAYE Alderman Cummings AYE Alderman Harrington AYE Alderman Hinsperger Alderman Janvary Alderman Orr Alderman Puttick AYE Alderman Shetar NAYE NAYE Alderman Ward NAYE NAYE Acting Mayor Hopkins NAYE AYE The motion was Defeated with a majority vote. ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherar, that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No. 434 - Regional Niagara Children's Services Committee - Re: Consent (under Seal). The communication asks Council to approve the use of the name Niagara Community Services Council rather than Regional Niagara Children's Services Committee. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved. Following a brief discussion, it was moved' by Alderman Janvary, seconded by Alderman Orr, that the matter be tabled for further information. The motion to table, which took precedence, Carried with the following vote AYE: Aldermen Cowan, Harrington, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Aldermen Campbell, Cummings and Minsperger. No. 435 - Jim Pollock, M.P.P., Hastings-Peterborough - Re: Zebra Mussel (Drelssena Polymorpha). The communication discusses the detrimental effect of the Zebra Mussel on inland waters. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be referred to the Environmental Committee and Staff for comments. Carried Unanimously. -3 - 89-O37-51 and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 28, 1989, and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously R-89-38 - Chief Administrative Officer - Re: Agreement Between City of Niagara Falls and Jr. "B" Canucks. The report recommends that the by-law appearing on this evening's agenda, authorizing the agreement between the City of Niagara Falls and the Jr. "B" Canucks, be approved. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 89-305. CD-89-94 - Chief Administrative Officer - Re: Release of Covenants of Deed for Lot 41, Registered Plan 160, Stamford Industrial Park. The report recommends that Council pass the appropriate by-law authorizing the release of the restrictive covenants 1, 2, 3 and 4 in a Deed, Registered as Instrument No. 72491 in the Registry Office of the Registry Division of Niagara South. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. MW-89-252 - Chief Administrative Officer - Re: Release of Temporary Easement Rights Over Parts of Lots 23 and 24; Establishment of Blocks J & K as Public Highways; Establishment of One-Foot Reserve Block Between R.P. 127 & M-59 as Public Highway. The report recommends that the by-laws included in tonight's agenda for the following be passed: 1) Release of temporary easement rights over parts of Lots 23 and 24, R.P. M-120; 2) Establishment as Public Highways of Blocks J & K, R.P. M-59; and 3) Establishment as Public Highway of one-foot reserve block between R.,P. 127 and M-59. ORDERED on the motion of Alderman Cummings, s~conded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 89-302 By-law No. 89-303, and By-law No. 89-304. F-89-56 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $7,028,297.01 for the period ending December 4, 1989 be approved by the passing of the by-law appearing later on the agenda. Alderman Cowan declared a conflict of interest on Cheque No. 53414 because his wife is employed with the group. AIderman Hinsperger declared a conflict of interest on Cheque No. 53283 because he has a monetary interest. AIderman Janvary declared a conflict of interest on Cheque No, 53376 because she is employed by the Board. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that Cheque No. 53261 be held pending a report. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report, amended to read $7,028,004.13, be received and adopted· The motion Carried with AIdermen -5 - No. 89-305 - A by-law to authorize the execution of an agreement with Niagara Falls Canucks Hockey Inc., o/a Niagara Falls Junior "B" Hockey Club. No. 89-306 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cowan, Hinsperger and Janvary abstaining from the vote on By-law No. 89-306 on conflicts of interest previously recorded; with Alderman Cowan voting contrary on By-law No. 89-306 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Provincial Funding/Women's Haven, Toronto - Alderman Puttick expressed concern regarding a recent news article from thc Toronto Star, which discussed the possible closing of Women's Haven in Toronto, on January 15th, 1989, because of lack of funding assistance. He referred to the cost to taxpayers of Christmas parties being planned by Provincial employees, as well as funding to the Dome Stadium in Toronto. Alderman Puttick referred the newspaper article to Y.W.C,A. representatives who were in attendance, to be returned to City Hall for investigation. Development Charges Act - Alderman Campbell made reference to the Information for Council communication from the Minister of Municipal Affairs respecting the Development Charges Act. The Director of Municipal Works responded to questions raised and advised that a report would be submitted at the completion of the Study, for the consideration of Council. Y.W.C.A. - Amendments to Bill C-49 - Alderman Harrington referred to the handout communication from the Y.W.C.A., attaching the results of a Public Forum held in November 1986 regarding prostitution. Niagara Transit Bus Service to Niagara Square - Aiderman Puttick expressed concern regarding the fee being charged to Niagara Square, by Niagara Transit, to transport employees from Niagara Square until 10:00 p.m. He asked Staff to investigate and submit a report. IT~lw.S OF INTEREST: *Welcome Home' Party for Miss Canada 1990 - Acting Mayor Mark Hopkins referred to the handout communication from Niagara Promotion Association, expressing appreciation to Council for the funding assistance received with respect to the above named party for Miss Canada, and to donations from local businesses. Alderman Cummings discussed the upcoming Reception for Miss Canada, Robin Ouzunoff, to be held at Niagara Square in the New Year. Niagara Falls E.D.A. - Aiderman Puttick referred to the Information for Council letter from Frank B. Leslie, addressed to Mr. John Corfield, President, EDA, and submitting his resignation from the Board. Alderman Puttick asked that it be recorded he was not in agreement with comments contained in the letter. Video Tape Entitled, "Developing the Will" - Alderman Harrington brought to the attention of Council, the Memo from the Chief Administrative Officer regarding the above mentioned video tape on affordable housing, to be viewed subsequent to this evening's Council meeting. -6- "Project Share" - Ms. Rhonda Viletel-Lammert, Housing Coordinator for Project Share, responded to questions raised regarding the programs, goals and activities of the organization. Ms. Roxanne Felice, Manager of Project Share, advised that information regarding budgetary details would be submitted to Council. Acting Mayor Hopkins asked Staff to provide information regarding the breakdown of the Project Share Budget through the Social Planning Council. Acting Mayor Hopkins declared a 5 minute recess at 9:25 p.m. Following the recess, Council reconvened in the Council Chambers. It was moved by Alderman Cummings, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. RE~ AND ADOPTED, ~ING ~¥OR b[ARK HOPKINS FORTY-NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 December 11, 1989 Council met on Monday, December llth, 1989, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cheesman who was absent due to illness, were present. Alderman Ward presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. PLANNING/REGULAR MEETING Council Chambers December 11, 1989 Council met on Monday, December llth, 1989, at 7:30 p.m., for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Cheesman who was absent due to illness, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. SANTA CLAUS "Tier" g Santa Claus entered the Chambers and wished His Worship Mayor Smeaton and Council, as well as Staff and the gallery, a Merry Christmas and Happy New Year. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the minutes of the meeting held December 4th, 1989, be adopted as printed. Carried Unanimously. BUSINESS ARISING FROM MINUTES Alderman Puttick referred to the December 4th, 1989, Council Minutes, ~Page 1, Deputation, Y.W.C.A. of Niagara Falls - Social Justice Committee, and the Defeated motion to change the term "Alderman" to Councillor". ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the matter be reconsidered. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hinsperger and Puttick. NAYE: Aldermen Cowan, Hopkins, Janvary, Orr, Shetar and Ward. Alderman Harrington asked Council to consider endorsing a draft resolution, in conjunction with Human Rights Week, deploring violence towards women, promoting equality for women and opposing stereotyping of women in our society. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, that the resolution be approved. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Puttick. NAYE: Aldermen Cowan, Orr, Shetar, Ward, and Mayor 8meaton. (NOTE: The vote indicated above is as it was amended on December 18th, 1989. This resolution was reconsidered on December 18, 1989 and January 8, 1990). -2- REPORTS - PLANNING MATTERS P1)-89-187 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 7/89, D. DiCienzo Sr., Southwest Side Niagara River Parkway. The report recommends the following: 1) That Council reconfirmits decision of June 12th, 1989, to not support the rezoning of the subject lands, Municipally known as 7857 Niagara River Parkway, for high-rise development purposes; 2) That the applicant be encouraged to consider a down-scaling of the project, taking the form of a medium rise and themed destination resort hotel, in keeping with the historical and environmental qualities of the area; and 3) T~.~,-.re~ t~af~ic and servicing studies be undertaken to the satisfaction of Council and the Municipal Works Department. - AND - Communication No. 440A - P.D. Sullivan. Solicitor - Re: DiCienzo Rezoning Application, AM-7/89; 7857 Niagara River Parkway. The communication advises that ratepayers on Rapids View Drive "are still objecting to the proposal" based on planning, traffic and sewer considerations. - AND - Communication No. 4405 - Chippaws Business ASsociation - Re: Zoning Amendment Application AM-7/89. The communication opposes the application because the proposed twin fourteen storey, 140 unit hotel towers ire "not compatible with the historic old world ambience of Chippawa", and expresses agreement with present guidelines respecting the subject property. -AND - Communication No. 440C (HANDOUT) - Ministry of the Environment - Re: Zoning Amendment AM-7/89. The communication opposes the application because the proposed density "cannot be supported by the existing infrastructure system", and states that until remediation works are completed in Chippawa, the proposal is premature. - AND - Co~snunication No. 44OD (HANDOUT) - Regional Niagara Planning & Development Department - Re: Preliminary Zoning By-law Amendment AM-7/89, Two 14 Storey, 140 Unit Hotel Towers, Niagara River Parkway. The communication does not oppose the proposal and refers to servicing issues which require consideration prior to approval. -AND - Conununication No. 440E (HANDOUT) -Ministry of Agriculture & Food - Re: Zoning Amendment Application AM-7/89, 7857 Niagara River Parkway. The communication advises that the Ministry has no objections to the application. - AND - Co~{nunication No. 440F (HANDOUT) - Director of Municipal Works - Re: AM-7./89 Inn on the Parkway - Conditions of Approval - Revised. The memorandum advises that an error was made in the Memo dated December 6th, 1989, attached to Report PD-89-187, and requests that the attached revised memo dated December 11, 1989, be a replacement. His Worship Mayor Smeaton declared the Public Meeting open, and reviewed 'the procedure to be followed under the Planning Act, 1983. Alderman Ward declared a conflict of interest because he has a business relationship, The Clerk advised that the Notices of the Public Meeting had been forwarded by First Class Mail, and published in the Niagara Falls Review on November 10th, 1989, which was 31 days ago. -3 - His Worship Mayor Smeaton indicated that the applicant, Mr. D. DiCienzo, and his agent, Mr. V.F. Muratori, Solicitor, were in attendance on behalf of the application; and received a positive response to his request for a show of hands by persons present 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 Director of Planning & Development reviewed the previous actions taken with respect to the proposal; and referred to the information which had been made available to Council, the applicant and the general public in advance of this Public Meeting, containing Staff reports, agency comments, letters of objection and submissions made by the applicant respecting the original application AM- 7/89. He stated that the planning concerns previously identified include: 1) the subject site was not within the area envisioned for high-rise development according to Council's Hotel Study guidelines; 2) high-rise development does not reflect the low-rise scale and village character of Chippawa; 3) development should be sensitive to Chippawa~s unique setting and its historical and geographical significance. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, reviewed the proposal and action to date, referred to correspondence from concerned area residents, as well as the following servicing issues: Roadways, Watermains, Sanitary Sewers and Storm Sewers. He advised that no new information had been submitted by the applicant, nor had the application been revised; that the scale of the development proposed was not sympathetic to the surrounding land uses; the sanitary sewage flows from the site could not be accommodated in the down stream sewerage system; that before a development could occur, the Municipal Works Department would require a study to address the cause of basement flooding by sanitary sewer backup on Rapids View/Bukator Drives and a study to address extraneous wet weather flows in the Chippawa sanitary sewerage system; and that, if the proposal was approved, the Municipal Works Department recommended eleven specific matters to be addressed as conditions to the rezoning of the subject lands. Mr. Vito Perricelli, Virgil, lessee of the restaurant at the Inn on the Parkway, referred to the seasonal operation of the hotel industry in the area, expressed the opinion that the proposed project would provide year-round employment for area residents; and stated that the operation would attract business people for conferences and would be beneficial to the community. lte advised that the site was "well away from the Main Street of Chippawa and wouldn*t hamanything with that height", and further, that the adjacent Niagara Parks Commission property would deter a "snowball effect" in the area. Mr. Perricelli requested approval of the application. Mr. Shawn Bates, 3543 Rapids View Drive; A101eksuik, 4083 Front Street; :Lon Robertsan, 8143 Sarah Street; Doug Embleton, 3627 Rapids View Drive; Bill Boasleigh, 2552 Bridgewater Street; John Oleksuik, 7699 Thomas Lane; and Dan Murrell, 3598 Rapids View Drive, opposed the proposal in terms of the following: all high rise development should remain within the Queen Victoria Park district; the Ministry of the Environment stated that the proposal was premature and should be deferred until the sewer infrastructure program and work were completed and "proven effective"; a petition with 1,000 signatures from Chippawa residents opposing the twin 14 storey development; the subject lands border a residential ares; increased flooding in the Chippawa area; the development would change the "character" and "nature" of the historical community; the increase in employment would be "limited"; lack of support from the majority of agencies and Staff - the development was not needed by the Planning Department, Engineering Department, Regional Niagara, the Ministry of the Environment, Niagara Parks Commission, and residents; overshadowing of adjacent residences; precedent being set for other businesses in Chippawa. The concerned residents asked Council to oppose the development. Mr. Muratori, Solicitor, stated that consultants had been retained to investigate the flooding problem and the consultants had been working with the -4- Engineering Department of the City. He referred to the Memorandum from the Director of Municipal Works, and the eleven recommendations, stated that the development would not be commenced until the issue was solved, and that the developer was "prepared to pay his proportionate share". Mr. Muratori explained that the current zoning on the property would permit a "theoretical 390 units of hotel on this site", however, 280 units were acceptable to the developer if the 14 storey towers were approved. He discussed the transition during construction, as well as the planned amenities for the "resort type hotel", and the approval of the site for a Sheraton Inn. Mr. Muratori responded to question raised, and advised that there was "no problem" with the eleven recommendations in the Memorandum previously mentioned. Following further discussion, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the communications be received and adopted, and the application be approved, subject to the eleven recommendations in the previously recorded revised Memorandum dated 1989 12 11. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, err, Puttick and Sherat. NAYE: Aldermen Harrington, Hinsperger, Hopkins and Janvary. His Worship Mayor Smeaton declared a 5 minute recess at 9:50 p.m. Following the recess, Council reconvened for the balance of the meeting. PD-89-186 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 35/89, M.P. Maloney, Niagara Battery & Tire Ltd.; 5293 Bridge Street. The report recommends the following: 1) That the application to extend the lands of a legal non-conforming use (Niagara Battery & Tire) not be approved in favour of promoting the relocation of this expanding business operation to a commercially zoned site; 2) That the applicant and the Regional Municipality of Niagara be advised accordingly. t -AND- Co~==dnication No. 441A (~N~OUT) - Regional Ningara Planning& Development - Re: Preliminary Zoning By-lawAmendment AM-35/89, Niagara Battery and Tire Limited; 5293 Bridge Street. The communication advises that the amendments appears to be of a local nature, and therefore, the Region has no comments, and further, that since the proposal fronts on a Regional Road, comments of tile Regional Public Works Department will be forwarded when available. -AND- Communication No. 441B (IIAI~) - Ministry of Agriculture and Food - Re: Zoning By-law Amendment Application AM-35/89, 5293 Bridge Street. The communication advises that the Ministry has no objections to the application. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that the Notices of the Public Meeting had been forwarded by First Class Mail on November 10th, 1989, being 31 days ago. His Worship Mayor Smeaton indicated that Mr. Brian Sinclair, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present 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. -5 - 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-89-182: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Agency Comments; Planning Review and Site Plan Review. He reviewed the following details concerning the proposal: 1) No further extension to the building is being proposed which should not promote any additional activity to the site; 2) The additional lands represent a minor boundary adjustment. improvements could be implemented through a site plan agreement; Site 3) The additional parking area will resolve some of the on-site manoeuvring problems, particularly for domestic vehicles, and will allow vehicles exiting the site to face traffic; 4) Improvements to the site design may reduce the frequency of trafflc tie- ups on Bridge Street, however, the site cannot accommodate large truck and commercial vehicle movements; 5) The recent accident counts and comments of the Niagara Transit Commission may be indicators of a growing problem along this section of Bridge Street; 6) The eventual relocation of successful businesses to more suitable locations is encouraged by the Official Plan. There was a negative response to Mayor Smeaton's request for comments from persons in favour of the application other the applicant or his agent, and from persons opposed to the application. Mr. Sinclair, Solicitor, reviewed the historical background of the subject property and business; discussed unsuccessful attempts to relocate, and improvements previously made to the property under site plan control; referred to difficulties being encountered by the business in terms of ingress and egress, parking, and truck accommodation on the property, as well as the disposal and storage of tires. He suggested that the proposal would "eliminate fairly serious traffic problems", and stated that paving would be done. He asked Council to approve the proposal. During the discussion, the Director of Municipal Works and Director of Buildings & Inspections agreed that approval of applications could be subject to inspection of the building and removal of any storm water entry to the sanitary system. 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 0rr, that the report and communications be received and filed, and the application approved. The motion Carried with the following vote: AYE: Aidemen Campbell, Cowan, Cummings, Hinsperger, Hopkins, Janvary, err, Puttick and Shetar. NAYE; Aldermen Harrington and Ward, PD-89-188 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 33/89, Craig Newton; 4728 Valley Way. The report recommends the following: 1) That the application to permit an automotive car care centre and used car sales lot be approved as an additional use to the current zoning provisions applicable to the subject lands; 2) That the owner enter into a Site Plan Agreement with the City to address parking, outside storage, etc.; 3) That the applicant and Regional Municipality of Niagara be notified accordingly, -6- His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that the Notices of the Public Meeting had been forwarded by First Class Mail on November 10th, 1989. - AND - Communication No. 442A (HANDOUT) - Regional Niagara Planning & Development Department - Re: preliminary Zoning By-law Amendment AM-33/89, Automotive Care Centre; s/w corner, Valleyway and Buckley Avenue. The communication advises that the Regional planning Department has no objections to the application, and attaches Regional Public Works comments, which indicate no objections to the proposal. -AND- Communication No. 442B (HANDOUT) - Ministry of Agriculture & Food - Re: Zoning Amendment ApplicationAM-33/89; 4728 Valley Way. The communication advises that the Ministry has no objections to the proposed application. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that the Notices of the Public Meeting had been forwarded by First Class Mail on November lOth, 1989, which was 31 days ago. His Worship Mayor Smeaton noted that Mr. Brian Sinclair, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present i~ 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 Director of Planning & Development discussed the location of the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-89-180: Development Proposal; Official Plan; Zoning; Surrounding Land Use; Comments from the Public Notification Process; Planning Review and Analysis; and Site Plan Review. Be advised that no expansion of the existing facilities was proposed, that the automotive uses were removed from the retail frontage of the downtown, that the use was similar to automotive uses currently permitted by the Zoning By-law and meets the intent of the Official Plan. Mrs. Marg Nagy, address Council on behalf of the Downtown Merchants Board of Management, and indicated approval of the application. Mr. Brian Sinclair, Solicitor, discussed the application of the proponent, a young and successful businessman, stated that site plan control would be required and asked Countills approval of the application. Alderman Puttick asked that it be recorded that he did not have a conflict with this application because of his place of employment. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERBD on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the communications be received and filed, and the report be received and adopted subject to storm water on the subject lands being addresse~. Carried Unanimously. PD-89-189 - Chief Administrative Officer - Re~ Zoning Amendment AM-37/89 AND Official Plan Amendment No. 189, Can Mar Manufacturing Inc.; 7802 Lundy's Lane. The report recommends that Council not support the amendments to the Official Plan and Zoning By-law for the proposed senior citizen retirement residence· 7 Communication No. 443A (llANOOUT) - Regional Niagara Planning & Development Department - Re: Preliminary Official PlanAmendment and Zoning By-lawAmendment AM-37/89, Senior Citizens Residence; 7802 Lundy's Lane (El Rancho Motor Inn). The communication states that this section of Lundy's Lane is primarily Tourist Commercial and provides a good boundary between residential and commercial land uses; refers to possible concerns of the City respecting compatibility with adjacent uses and the adequacy of this area for the proposed use; and states that since the proposal fronts onto a Regional Road, comments from Regional Public Works will be forwarded when available. Communication No. 443B - Social Services Department, Regional Municipality of Niagara - Re: Zoning Amendment Application AM-37/89. The communication raises concerns regarding appropriateness of the location for a retirement home; the current need for the facility; and current residents of E1 Rancho Motor Inn. -AND- Communication No. 443C (IIANDOUT) - Ministry ofAgriculture & Food - Re: Official Plan Amendment No. 187 and Zoning By-law Amendment Application AM-37/89. The communication advises that the Ministry has no objections to the application. -AND - Communication No. 443D (HANDOUT) - Social Planning Council of Niagara Falls - Re: Zoning Amendment Application AM-37/89 & OPA No, 189. The communication discusses the following potential issues: type of senior citizens' residence; accessibility considerations with respect to doors and entrances, washrooms and accommodation for wheelchairs and walkers; number of beds in 53 suites; rental arrangements; shopping, post office, and green space facilities as well as traffic on Lundy's Lane; His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that the Notices of the Public Meeting had been forwarded by First Class Mail and Notice had been published in the Niagara Falls Review with respect to the Official PlanAmendment on November lOth, 1989, which was 31 days ago. His Worship Mayor Smeaton noted that Mr. William Slovak, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present 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 Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information Lcontained in Technical Report No. PD-89-181: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Circulation Process; Planning Review; and Site Plan Review. He recommended that Council not support the application for the following reasons: 1) 2) 3) The request to amend the Official Plan represents an intrusion of a residential land use into a commercial area; Tourism studies identified Lundy's Lane as an important satellite district providing visitor services to complement the central core; The existing land uses cater to the needs of the travelling public and do not provide the amenities and services necessary to support residential development; 4) The existing building configuration does not afford sufficient opportunities to buffer the residential and commercial uses from each other; 5) The applicant has not adequately demonstrated a need to reduce required parking standards from those necessary for a nursing home; 6) 7) - 8 - The site has a high ratio of landscaped space in the interior of the property; While there is currently a 13% retirement home vacancy rate in the Region, the applicant has submitted a study which indicates a future need for additional beds. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicnnt who were in fayour of the application, and a negative response to a request for comments from persons opposed to the application. Mr. William Slovak, Solicitor, addressed Council on behalf of the proponent, Can Mar Manufacturing Inc., owned by Vince Kerrio jr. who was in attendance, as well as developer and manager for Meadowcroft Holdings which have developed a number of such projects across the province. He distributed pictures showing examples of other properties, and introduced the Architect, Richard Kowalski. Mr. Kowalski, Architect, explained the amenities of the proposal with the assistance of posted sketches, and stated that this was a proposal to convert an existing single storey 53 room motel to a 53 room retirement home. Mr. Slovak advised that there had not been any negative responses or objections made directly, that concerns had been raised by letters from the Social Planning Council and Regional planning & Development Department received at the Clerk's office earlier on this date. He suggested that tourists use facilities in the area for residential purposes, that the amenities for tourists would also meet requirements of the retirement home, that senior citizens should be in an environment with people, and referred to other homes which had been approved within a commercial area. Mr. Slovak discussed the proposed parking arrangements, single occupancy arrangement, stated that heavy traffic on Lundy's Lane would be for 4 months of the year only, that the home would provide year round employment, provide an increase in the tax base, and asked Council to consider the application favourably. 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 Campbell, that the report be received and the application approved. The motion Carried with the following vote: AYE: Aidemen Campbell, Cowan, Cummings, Harrington, Hinsperger, Janvary, err, Puttick, Sherar and Ward. NAYE: Aideman Hopkins. pD-89-190 - Chief Administrative Officer - Re: Zonin~ Amendment Application AM- 38/89, R. & D. D'Addio; 6004 Stanley Avenue and 5997 Buchanan Avenue. The report recommends the following: 1) That Council not SUpport the application because the proposal does not satisfy the guidelines of the Hotel Study and because of servicing constraints; and 2) That the applicant and Regional Municipality of Niagara be advised accordingly. - ~JD - Comicorion No. 444A - {)ante P. Marinelli, Solicitor - Re: ~d4-38/89 East Side of Stanley Avenue, Part Range 24, Plan 653, 6005 Stanley Avenue, Amendment to Zone Classification, Hosalba & Dan DtAddio. The communication attaches a letter from Brian Watkinson Architect Inc., and a~reeing to conditions of the Engineering -Department except for the road widening which may not be required. 9 - ~D- Communication No. 444B (HANDOUT) - Regional Niagara Planning and Development Department -Re: Preliminary Zoning By-law AmendmentAM-38/89, Proposed 9 Storey, 96 Unit Hotel, 6004 Stanley Avenue and 5997 Buchanan Avenue. The communication states that the proposal does not appear to meet the full intent of the Hotel Study Interim Guidelines, that servicing issues and site plan matters need to be resolved; and further, that there should be regard to the Niagara Parks Commission because of the location. - AND - Communication No. 444C - Ministry of Agriculture & Food - Re: Zoning By-law Amendment ApplicationAM-38/89. The communication advises that the Ministry has no objections to the proposal. -~ND- Communication No. 444D - Ministry of the Environment - Re: Zoning Amendment Application AM-38/89. The communication expresses objection to the proposal because of the combined sewer system in the area, and states that the development would exacerbate overflow problems associated with the sewer system downstream of the development. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that the Notices of the Public Meeting had been forwarded by First Class Mail on November lOth, 1989, which was 31 days ago. His Worship Mayor Smeaton noted that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present 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. It was moved by Alderman Puttick, seconded by Aideman Sherat, approval be granted to proceed past 11:00 p.m. Carried Unanimously. 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-89-183: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review Analysis; and Site Plan Review. He summarized relevant details regarding the proposal as follows: 1) The subject lands are within the primary development area where high-rise hotel development is encouraged; 2) 3) 4) 5) The proposed development provides for only 11% landscaping before road widenings, whereas the Hotel Study requires 25% of the area to be landscaped; The proposed building location does not satisfy the setback guidelines of the Hotel Study. Whereas 10m (33 ft.) is preferable, the applicant proposed 7.5m (24.5 ft.) and 0.9m (3 ft.) on the north and south sides; The site is of sufficient size to provide for an improved site design. However, the hotel is proposed for the nattower Stanley Avenue frontage which does not afford the best setback and landscaping opportunities possible; Municipal sanitary and storm sewers are part of a larger system where downstream problems have been encountered. Revised comments of the Municipal Works Department indicate the proposed development cannot be accommodated because of servicing constraints· .... lO - 10 - There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in favour of the proposal, and those opposed. Mr. Dante Marinelli, Solicitor, suggested that there were two issues, land use site analysis and the servicing issue. Mr. Brian Watkinson, Architect, reviewed the plan in detail, with the assistance of posted sketches; explained the proposed development having more landscaping than the Buchanan Avenue approach; stated that the proposal had gre~ter economic viability; discussed setbacks, density, and shadowing, and responded to questions raised regarding sidewalks. Mr. Marinelli suggested that, if approved, the development would achieve the standard of other hotels in the City of Niagara Falls; discussed the owner's unsuccessful attempt to purchase the adjoining rectangular piece of land immediately to the south; and stated that Mr. D'Addio was prepared to abide by the conditions Number 2 suggested in the report of the Deputy Director of Municipal Report, as well as conditions imposed on developments in the area. He responded to questions raised with respect to the anticipated servicing policy, and stated that they were prepared to abide by the terms of the agreement of the Ministry of the Environment. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED motion of Alderman Harrington, seconded by Alderman Janvary, that the communications be received and filed, the report be received and adopted and the application denied. The motion Carried with the follDwiug vote: AYE: Aldermen Harrington, Hinsperger, Hopkins, Janvary, Orr and Puttick. NAYE: Aldermen Campbell, Cowan, Cummings, Shetar and Ward. PD-89-184 - Chief Administrative Officer - Re: Valley Way (Buckley Avenue to Huron Street) Community Improvement Plan. The report recommends the following: 1) That Council adopt the attached Valley Way (Buckley Avenue to Huron Street) Community Improvement Plan; 2) That the Community Improvement Plan be submitted to the Ministry of Municipal Affairs on or before December 31, 19~9. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS N~ME CIL~NGE - REGIONAl. NIAO~a{A CHILDREt{'S SFIIVICES CO{It"tEE: Communication No. 445 - Regional Niagara Children's Services Committee - Re: Name Change, Niagara Childrents Services Committee (CSC). The communication advises that the objective in changing the Committeets name is to maintain identification with all of this Region, while making other changes in name to clarify the full breadth and accountability of the Committeats operations. Mr. Michael Cushing, Executive Director, Niagara Childrents Services Committee, was in attendance to respond to questions raised. ORDERED on the motion of Aideman Campbell, seconded by Alderman Sherat, that consent to the name change not be approved, and a complaint be lodged. The motion Carried with the following vote: AYE: Aidemen Campbell, Cowan, Hinsperger, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Aidemen CununtnEs, Harrington and Hopkins. -11 - PROPOSED REGIONALPOLICy PLAN AMENDMENT 44 - WALKER BROTHERS QUARRIES F~PANSION: C-89-45 - Chief Administrative Officer - Re: Proposed Regional Policy Plan Amendment 44, Expansion of Possible Aggregate Area for Walker Brothers Quarries Ltd. The report recommends that the Members of Council and affected property owners participate in a tour of the proposed site on Saturday, December 16, 1989, at 10:00 a.m. Alderman Campbell declared a conflict of interest because his parents are members of the group opposing the expansion. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. USE UPPEJI DECK OF WHIRJ~OL BRIDCE FOR TKUCK ~ItAJ~FIC: C-89-47 - Chief Administrative Officer - Re: Use of Upper Deck of Whirlpool Bridge for Truck Traffic. The report recommends that the Council of the City of Niagara Falls support the possible utilization of the upper deck of the Whirlpool Bridge for truck traffic and authorize City representatives to meet with representatives of the CN Railway and all other affected parties, to discuss further the practicality of the concept. ORDERED on the motion of Alderman Sherar, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. RESOLUTION Alderman Ward referred to a meeting he had attended in Niagara Falls, N.Y., with regard to bridge problems, and stated that he was bringing forward, for approval, the following resolution, to be forwarded to the Honourable Otto Jelinek, Minister of National Revenue: No. 68 - WARD- ORR- RESOLVED that WHEREAS the vehicular traffic between Niagara Falls and the United States continues to be seriously congested; AND WHEREAS the Bridge Commission is taking steps to provide new physical inspection facilities; AND WHEREAS traffic at the iuternational crossings continues to grow both in tourism and in movement of manufactured and consumer goods due to the passing of the free trade legislation; AND WHEREAS the Region of Niagara, the City of Niagara Falls, the Niagara Falls Bridge Commission and the Niagara Parks Commission, have taken steps to re- channelize traffic at the intersection of River Road and the Lower Bridge to ease the congested movement of traffic; .NOW THEREFORE BE IT RESOLVED that Revenue Canada be petitioned to further increase the staffing complement to ensure that the physical facilities will be able to be fully utilized; AND BE IT FURTHER RESOLVED that a copy of this resolution be circulated to area Municipalities and the Region of Niagara for their support ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. COMMUNICATIONS No. 446 - Chippawa Business Association - Re: Proposed Use of Cummington Square - Community Christmas Carol sing, December 22, 1989. The communication requests approval of the event. ORDERED on the motion of Aideman Harrington, seconded by Aideman Hinsperger, that the communication be received and the request approved. Carried Unanimously. - 12 - No. 447 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality, Monthly Report for October 1989. The communication attaches Report DEP-3012. During the discussion, the suggestion regarding the possible installation of low flush toilets and shower heads was referred to Municipal Works Committee; and the possibility of installing water meters referred to Finance Committee. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 448 -Ninistry of NunicipalAffairs - Re: 1990 Unconditional Grants Program. The communication attaches a summary of grants calculations. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and referred to Finance Staff. Carried Unanimously. No. 449 - Association of Municipalities of Ontario (AMO) - Re: Unconditional Grants. The communication attaches the AM0 critique of the program. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and referred to Finance Staff. Carried Unanimously. No. 450 - Persons United for Self Help - Re: Needs of Disabled Consumers. The communication requests the endorsement of Council regarding identifying, prioritizing and implementing better access in the community for disabled persons. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and the concept endorsed. Carried Unanimously. No. 451 -Ninistry of Natural Resources - Re: Environmental Protection Area - Lyons Creek. The communication attaches a map and landowner contact record regarding a 24 acre parcel on Lyons Creek. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the Ministry be notified that the City is not in a position to purchase the property. Carried Unanimously. No. 452 - BILD Committee - Re: Site Plan Fees Report - Building Industry Liaison Development Committee (BILD). The communication recommends a fee to offset the cost of processing Site Plans and Site Plan Agreements. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the concept be endorsed and an appropriate by-law be passed. Carried Unanimously. No. 453 -Ministry of the Environment - Re: Environmental Protection Act, The communication responds to a letter from the City of Niagara Falls, expressing concern regarding the issuance of an emergency amendment under Section 31 of the Act, in connection with the Niagara Waste Systems Limited landfill. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and filed, Carried Unanimously., No. 454 -Mtnistryof!~unicipalAffairs - Re: Kitchen Report. The communication asks that copies of the report be distributed to Council members. During discussion, Council indicated interest in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. REPORTS B-89-96 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for November 1989. The report provides information regarding Permits Issued and Highlights for November 1989, as well as December proposals. - 13 - ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously~. FD-89-O6 - Chief Administrative Officer - Re: Purchase of a Fire Department Pumper. The report recommends that Council approve the spending of up to $225,000.00 for a Fire Department pumper. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the report be received and adopted. Carried UnanimouslM~ MW-89-241 - Chief Administrative Officer - Re: 1989 Capital Budget Projects. The report recommends the following: 1) That the by-law for Queen Street P.R.I.D.E., appearing on tonight's agenda be passed and the Local Improvement Works By-law appearing on tonight's agenda, be given first and second reading; and 2) That the by-laws for Rural Drainage and the Montrose Business Park be approved when presented to Council at their meeting of December 18, 1989. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously~L See By-law No. 89-308, By-law No. 89-309, and B~-law No. 89-310. MW-89-253 - 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 1989-1990, be accepted. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. MW-89-257 - Chief Administrative Officer - Re: Contract W.I. 29-89 - WateYmain Installations on Watson Street from Montrose Road to Beaverdams Road, and on Hodgson Avenue from Watson Street to Beaverdams Road; also Non-Profit Housing Corporation Watermain on McLeod Road. The report recommends the following: 1) That unit prices submitted by the low tenderer, Volsci Construction Co. Ltd., be accepted and this contract be awarded, subject to M.O.E. approvals; and 2) That the finances required for this contract be approved as recommended in this report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 89-311. F-89-57 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $450,164.13 for the period ending December llth, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 53848 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 53745 and 53746 because he has a monetary interest. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Campbell and Minsperger abstaining from the vote on Cheque Nos. 53848, 53745 and 53746 respectively, on conflicts of interest previously recorded; and with all ethers voting in favour. .... 14 - 14 - M-89-11 -Mayor Smeaton - Re: Temporary Replacement of Council Representative of E.D.A. and the Ad Hoc Business Park Committee. The report recommends that Alderman Bruce Cowan be appointed to serve as a temporary replacement for Alderman Charles Cheesman as Council's representative on the Economic Development Agency and Chairman of the Ad Hoc Business Park Committee. Mr. John'Corfield, president, E.D.A. Board; Henry Muller, Gabe Mallouk, G.E. Farroll, and other members of the E.D.A. Board, as well as Mr. Chuck Chataway, Director of Economic Development, were in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be amended to include Alderman Harrington as an alternate member, and that the amended report be received and adopted. Carried UnanimouslY- M-89-11 - Mayor Smeaton - Re: Possible Integration of Niagara Falls Economic Development Agency as a Municipal Department. The report recommends the following: 1) That Council maintain the status quo with regards to the E.D.A. operation; 2) That the subject matter be again reviewed during the next Council's term of office. Following a brief discussion when reference was made to the Kitchen Report, it was moved by Alderman Puttick, seconded by Alderman Sherar, that the matter be tabled. The motion was Defeated with the following vote; AYE: Aldermen Cowan, Harrington, Orr, Puttick and Sherar. NAYE: Aldermen Campbell, Cummings, Hinsperger, Hopkins, janvary, and Ward. During the discussion that followed, reference was made to the successful efforts of the E.D.A. to bring businesses to the City of Niagara Falls. Mr. Henry Muller and Mr. John Corfield addressed Council on behalf of the E.D.A. It was moved by Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Cowan, Hinsperger, Janvary and Ward. NAYE: Aldermen Campbell, Cummings, Marrington, Hopkins, Orr, Puttick and Sherar. ORDERED on the motion of Alderman Harrington, seconded by Alderman Ward, that the report be received and Recommendation No. 1, "That Council maintain the status quo with regards to the E.D.A. operation", be adopted. The motion Carried with the following vote: AYEx Aldermen Campbell, Cowan, Harrington, Hinsperger, Hopkins, Janvary, Shetar and Ward. NAYE: Aldermen Cummings, Orr and Puttick. 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. 89-249 - A by-law to authorize the rehabilitation of the roads on certain streets. Carried UnanimouslY. 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. 89-308 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. - 15 - No. 89-309 - A by-law to adopt a Community Improvement Plan for the Commercial Area Improvement Program Area No. 2 (Downtown) Community Improvement Project Area. No. 89-310 - No. 89-311 - A by-law to authorize the construction of works in the City of Niagara Falls Community Improvement Project Area (Valley Way from Queen Street to approximately Huron Street). A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd., for watermain installation on Watson Street and Hodgson Avenue. No. 89-312 - 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. 89-312, on conflicts of interest previously recorded under Report No. F-89-57; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the following by-law be now read a second time: No. 89-308 - 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 Aiderman Cummings, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 89-309 - A by-law to adopt a Community Improvement Plan for the Commercial Area Improvement Program Area No. 2 (Downtown) Community Improvement Project Area. No. 89-310 - A by-law to authorize the construction of works in the City of Niagara Falls Community Improvement Project Area (Valley Way from Queen Street to approximately Huron Street). No. 89-311 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd., for watermain installation on Watson Street and Hodgson Avenue. No. 89-312 - 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. 89-312, on conflicts of interest previously recorded; and with all others voting in favour. It was moved by Aiderman Cummings, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, FIFTIETH MEETING COMMITTEE OF THE WHOLE Con~ittee Room #1 December 18, 1989 Council met on Monday, December 18th, 1989, at 6:30 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cheesman who was absent due to illness, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Cormnittee of the Whole arose to report in open session. READ AND ADOPTED, SMEATON REGULAR MEETING Council Chambers December 18, 1989 Council met on Monday, December 18th, 1989, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderalan Cheesman who was absent due to illness, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Ward offered the Opening Prayer, and asked a special blessing for Aldernlan Cheesman. ADOPTION OF MINUTES Alderman Harrington stated that the record of the vote in the minutes of December 11, 1989, Page 1, a proposed resolution, should indicate that Aldermen Hopkins and Janvary voted in favour of the motion, and the minutes be amended. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the amended minutes of December 11, 1989, be adopted. Carried Unanimously. A poll was taken indicating the following vote for the proposed resolution in conjunction with Human Rights Week, and with respect to women: AYE: Aldermen Campbell, Cummings, Harrington, Hinsperger, Hopkins (who was absent during the taking of the poll), Janvary and Putticko NAYE: Aldermen Cowan, Orr, Shetar, Ward and Mayor Smeaton. ORDERED on the motion of Alderman Shetar, seconded by Alderman Ward, that action with respect to the aforementioned Resolution be deferred to January 8th, 1989, in order that all members of Council might be in attendance. Carried Unanimously, REGIONAL MUNICIPALITY OF NIAGARA PUBLIC MEETING REGIONAL POLICY PLAN AMENDMENT #44 - EXPANSION OF POSSIBLE AGGREGATE AREA FOR WALKER BROTHERS QUARRIES LIMITED - Alderman Campbell declared a conflict of interest because his parents are members of the group of concerned citizens opposing the expansion. His Worship Mayor 8meaton welcomed representatives of the Region to the meeting, and turned the Chair and meeting over to Regional Councillor Jill Hildreth, Chairperson, Vice-Chairman Regional Planning Committee; Regional Councillor 8tella Ziff, Regional Planning Committee member; Ken Forgeron and Drew 8emple, Regional Planners, at 7:40 p.m. - 2 - pollowing the Regional Municipality of Niagara Public Meeting, Council reconvened for the balance of the regular meeting at 9:25 p.m. , , , , , pRESENTATIONS His Worship Mayor Smeaton advised that the presentations with respect to the East Niagara Housing Authority and Seniors Teas Appreciation plaques had been postponed to a later date. DEPUTATION SUNDAY STORE OPENING - "Mr.'Roe Hughes, ~183 Point Albino Road, Stevsnsville, an employee of the A & P Store on McLeod Road, and Vice-president, Local 175 and 633, United Food and Commercial Workers Interntional Union, addressed Council in opposition to Sunday store openings. He suggested that Sunday store hours would not create more jobs, there would be less service for the customers because of decreased Staff, as well as higher prices, and stated that the convenience store business would be "hurting'. Mr. Hughes advised that their Bargaining Unit would not accept less than "double time pay for Sunday work", that Niagara Falls residents were opposed, and asked Council not to "sell our family day off for convenience". He mentioned his visit to Queen's Park, Toronto, a week ago as a member of the political Action Committee of the Union, and referred the possibility of a Court Injunction respecting Sunday openings. His Worship Mayor Smeaton expressed appreciation for the comments of Mr. Hughes. UNFINISHED BUSINESS Y.M.C.A. PAYI~'IT OF POOL FILTER - Mr. Tom Buchanan, Executive Director, y.M.C.A., and Mr. Rob Long, president, Board of Directors, were in attendance- On behalf of the Y.M.C.A., Mr. Long presented a cheque in the amount of $10,000.00 to the City Treasurer, representing the balance of the loan of the City to the "Y" for a pool filter, and included the December 1989 mortgage payment. His Worship Mayor Smeaton expressed appreciation and wished the organization continued success. COMMUNICATIONS No. 485 - Regional, Niagara Office of the Clerk - Re: Waste Management Master Plan - Membership in North/East Club. The communication attaches a copy of Report S/PW.85 with respect to the Waste Management Master Plan. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the communication be received and filed. Carried UnanimouslY. No. 456 - Regional Niagara Office of the Clerk - Re: Retention of Consultants for Traffic Improvements, River Road at Whirlpool Bridge/Bridge Street Intersection· The communication attaches Report DEA-366, Item 30, containing 'recommendations with respect to the subject matter. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 45? - Regional Niagara Office of the Clerk - Re: Regional Traffic By-law 5747-89, Speed Limit Reductions, Niagara Road 98 (Meetrose Road). The 'communication attaches a copy of the by-law for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the communication be received and filed· Carried Unanimously. No. 458A - Town of Fort Erie - Re: C.U.R.B. Spending Committee <Control Unlimited Region/Board Spending). The commuuication asks Council to support a resolution to endorse the initiative of AideeThan Uorst Wolff, to establish a Committee of Councillors of area Municipalities in Niagara asking Regional Niagara and the Boards of Education to keep the cost of services within the rang~ of the annual cost of living increase. - AND - No. 458B - Regional Councillor Stella Ziff - Re: Town of Fort Erie Resolution. The connnunication refers to "erroneous statements" in the letter from Fort Erie, and attaches a copy of a submission to the Fort Erie Council meeting on December llth, 1989. Regional Councillor Ziff was in attendance and rcspouded to questions raised, stated that the information in the Town of Fort Erie letter was inaccurate and further, that only "a couple of Municipalities" in tile Region had had double digit increases in the past 5 years, and this had been caused by "equalized assessment". During the discussion, questions were raised with respect to possible salary increases at the Regional Municipality of Niagara. }{is Worship Mayor Smeaton suggested that Regional Councillor Merrett, Chairman of the Regional Personnel Committee, be invited to attend a meeting of the Council of the City of Niagara Falls to comment on the reason for, and goals of the Personnel Committee. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that communication Nos. 458A and 458B be received and filed. Carried Unanimously~ No. 459 - HenkKoldenhof - Re: 15th A1 Reid Memorial Oldtimers Hockey Tournament - January 18 - 21, I990. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a Special Occasion Permit for the Fifteenth A1 Reid Memorial Oldtimers Tournament, to be held on January 18, 19, 20 and 21, 1990, at Niagara Falls Memorial Arena, Stamford Arena and Niagara South Arena, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. BEPORT__S PD-89-192 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lots 56-58, Post Road, Ascot Woods Extension 2, R.P. M-124. The report reco~aends that the request from John Mikulcic Construction to exempt Lots 56, 57 and 58, Registered Plan M-124, from Part Lot Control 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 Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimoUsly~ B-89-97 - Chief Administrative Officer - Re: Property Standards Order - Pile No. 89-36, 7901 Thorold Stone Road. The report recommends that the Corporation retain a towing company to forthwith complete the Order of the Property Standards Officer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-89-100 - Chief Administrative Officer - Re: Site Plan Fees. The report recommends that Council pass the by-law on tonight's Council agenda which provides for a fee for the processing of Site Plans and Site Plan Agreements. ORDERED on the motion of Alderman Sherat, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 89-321. B-89-101 - Municipal Parking Committee - Re: Amendment to 1989-1990 Agreement with Canadian Corps of Commissionaires (Hamilton), The report recommends that -4 - the 1989-90 Agreement with the Canadian Corps of Commissionaires be amended to provide for an increase to the administrative fee from 17% to 20%, effective January 1, 1990. ORDERED on the motion of Alderman CuRmings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously.. B-89-102 - Chief Administrative Officer - Re: Crossing Guard, Valley Way School. The report recommends that the request for a crossing guard at Valley Way School not heapproved- During the discussion, it was suggested that the School Board should be approached with respect to responsibility for the "safe passage of the kids", as well as participation in the cost of school crossing guards. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that a crossing guard at Valley Way School be appruved. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Hinsperger, Janvary, puttick and Ward. NAYE: Aldermen Campbell. Cowan, Harrington, Hopkins, Orr and Sherar. 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: Aldermen Campbell, Cowan, Harrington, Hopkins, Orr and Sherar. NAYE: Aldermen Cummings, Hiusperger, Janvary, Puttick and Ward. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that discussions be held with the Niagara South Board ~f Education to initiate a written policy with respect to emergency crossing guards. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hopkins, Janvary, Orr, puttick, Sherar and Ward. NAYE: Alderman Hinsperger. ORDERED on the motion of Alderman puttick, seconded by Alderman Sherar, that a report be submitted by the Traffic Committee and Staff with recommendations regarding payment for sick or bereavement days off. for crossing guards. Carried Unanimously. B-89-103 - Chief Administrative Officer - Re: Sign By-law. The report recommends that the Sign By-law, being By-law No. 666l as amended, be further amended to provide that portable signs be permitted to have two advertising surfaces with each advertising surface not exceeding twenty-four square feet and be permitted a maximum height above grade of six feet. Messrs. Stuart and Lewis Knox, Knox Signs, 3106 Appleford Avenue, expressed their concerns to Council with respect to the difficulties encountered by small businessmen attempting to establish a business in the communitY, objecting to the recommendation of 24 square feet and requesting illumination of the signs. They suggested that portable signs should not be eliminated. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-89-88 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - 'Mount Carmel plan 3; Regional File No. 26T-89031; Owners: River Realty Development (1976) Inc. The report recommends that the City Clerk be authorized to process the Application for the Mount Carmel Plan 3 Sobdivision and that a report be prepared for Council's further consideration of this Plan, based on technical information received, public input, etc. Alderman Hopkins declared a conflict of interest because his employer has · a business relationshiP. The Director of Planning & Development replied to questions raised with to the location, ~rvicing, and 5 - 5 - The Director of Municipal Works respouded to questions raised regarding development and servicing costs, as well as impost fees. In response to questions raised regarding rezoning, the City Solicitor expressed the opinion that Council had the "right to decide not to rezooc any property - the applicant has the right to go to the Ontario Municipal Board to appeal the decision". ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. CD-89-89 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision "Dufferin Place"; File No.: 26-CD-89014(1); Owners: Dufferin Place Ltd. The repor~ recommends that the City Clerk be authorized to process the Application for the Dufferin Place Coodominium 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 property is located across the road from their place of employment. Alderman Hopkins declared a conflict of interest because the applicant has a business relationship with a member of his family. The Clerk reviewed correspondence which had been received earlier on this date from Fred P. Paul, Director of Urban Design & Development Co-ordination, Hynde Paul Associates Inc., requesting that the City Staff report regarding the matter be withdrawn from the agenda this evening. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, that the matter be withdrawn from the agenda as requested, and the communication be received and filed. The motion Carried with Aldermen Cummings, Shetar and Hopkins abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. CD-89-90 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - Carol Extension (Revised); File No. 26T--88035; Owner: R. & L. Matovic. The report recommends that the Carol Extension Subdivision (Revised Plan) be approved as "red-line revised" by the Planning and Development Department, and subject to the conditions enumerated in this report. Mr. R.J. Matthews, O.L.S., and Mr. R. Matovic were in attendance. Mr, Matthews addressed Council on behalf of the applicants, and strongly opposed the red-lining of the subdivision. He discussed previous actions taken with respect to the proposal, the concerns raised by residents and subsequent amendment to the plan, and the desire of the applicant for a garden plot. Mr. Matthews explained the "skewed" lots, and setbacks and asked Council to approve the plan as submitted on November 15th, 1989. The Director of Planning & Development discussed lot configuration standards and the reconm~endation of the Planning Department. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted, The motion Carried with the following vote: A~E: Aldermen Campbell, Cowan, Cummings, Janvary, Orr, Puttick and Ward. NA~E: Alderman Sherat. Harrington, Hinsperger, Hopkins, CD-89-91 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - Westlane Court - Modification to Draft Plan Approval; File No, 26T-88018; Owners: Pinecove Developments Limited (formerly Biamonte Brothers Company Limited). The report recommends that the Regional Municipality of Niagara be advised that the modification to draft approval for the Westlane Court Subdivision, to provide for the development of a plan containing 35 single family lots, is acceptable to the City, subject to the amended conditions enumerated in this report. -6- There was a negative response to Mayor Smeaton's request for comments from persons interested in the proposal. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-89-92 - Chief Administrative Officer - Re: proposed Plan of Subdivision - Grand-View River Estates; File NO. 26T-89022; Owners: Frank Franze & Partners. The report recommends that the Grand-View River Estates Subdivision be approved subject to the conditions enumerated in this report. Mr. Franze stated that the only negative response to the proposal was from the Planning Department of the City of Niagara Falls; and discussed lot frontages, land use, and drainage ditches. He referred to other subdivisions in the area in terms of lot frontages in urban developments- ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received, and the request for 9 lots be approved, together with the conditions enumerated in the report. The motion Carried with the following vote: AYE: Alderman Campbell, Cowan, Cummings, Hinsperger, Hopkins, 0rr, Puttick, Sherat and Ward. NAYE: Aldermen Harrington and Janvary. MW-89-255 - Municipal Works Commuittee - Re: 1) Con~ittee Reports: I~-89-254, Stamford Street - No parking Restriction - It is recommended that the by-law amending By-law No. 89-2000 (being a By- law to regulate parking and traffic on City Roads), appearing later on the agenda, be approved; 2) Huron Street - Parking Meters - It is recommended that the by-law amending By-law No. 89-2000 {being a By- law to regulate parking and traffic on City Roads), appearing later on the agenda, be approved; 3) Municipal parking Lot #5 - Pay and Display Machine - It is recoupended that Council approve the installation of a Pay and Display Parking Machine in Municipal Lot #5 (City Hall Lot). ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that Recommendation Nos. 1, 2 and 3 be received and adopted. Carried Unanimousl_y_L 4) Municipal Parking Lot #4 - Capital Budget project - It is recommended that the By-law appearing later on the agenda, involving improvements to Municipal parking Lot #4 (Ellen Avenue) be approved. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and Recommendation No. 4 be adopted. The motloB Carried with the following vote: AYE: Aldermen Campbell, Cununings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Puttick, Shetar and Ward. NAYE: Alderman Cowan. See By-law No. 89-323. It was moved by Alderman Puttick, seconded by Alderman Ward, that leave be granted to proceed past ll:00 p.m. The motion Carried with the following VOte: AYE: Aldermen Campbell, Cummings, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Aldermen Cowan and Harrington. - 7 - MW-89-258 - Chief Administrative Officer - Re: Pipe Crossing Agreement with C.P. Rail for the Installation of a 1200 mm Diameter Storm Sewer Across C.P. Rail Lands at Jcpson Street; C.P. Rail Mileage 0.91, Suspensioa Bridge Subdivision, File No. L-3-SB-0.91. The report recommends that tile by-law appearing on tonight's Council agenda be given the necessary readings to authorize the execution of a Pipe Crossing Agreement with C,P. Rail for the above-referenced works. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimou__sl~ See By-law No. 89-322. MW-89-264 - Chief Administrative Officer - Re: Agreement for the Provision of Design Services by the City for Mountaingate Subdivision, Phase II. The report recommends that the by-law appearing on tooight's agcnda, authorizing an Agreement between the City and 527786 Ontario Limited for the provision of engineering design services by the City, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Uaanimonsly. See By-law No. 89-32~. F-89-58 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,985,152.51 for the period ending December 18th, 1989, be approved by the passing of the by-law appearing later on the agenda. Alderman Cowan declared a conflict of interest on Cheque No. 53978 because his wife is employed by the organization. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 53872 and 53873 because he has a monetary interest. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted, The motion Carried with Aldermen Cowan and Hinsperger abstaining from the vote on Cheque Nos. 53978, 53872 and 53873 respectively, on conflicts of iuterest previously recorded; with Alderman Cowan voting contrary on Cheque No. 53853; and with all others voting in layout. See By-law No. 89-325. CD-89-87 - Chief Administrative Officer - Re: Cancellation and Refund of Taxes, Section 496(a), Municipal Act (Anastasio). The report recommends that a refund of taxes, amounting to $161.78 for 1988, be made to Joseph and Ingrid Anastasio of 6062 Collins Drive, Niagara Falls, Ontario. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. CD-89-93 - Chief Administrative Officer - Re: Appointments to Boards, Commissions & Committees. The report reconmends that Council select Appointees to serve for further terms on the following Boards, Commissions and Committees, and that these appointments be confirmed in a by-law to be passed at a meeting in the new year. l) 2) 3) 04) Greater Niagara Transit Commission - Niagara Falls Board of Museums - Property Standards Conuuittee - Recreation Commission - 1) Greater Niagara Transit Commission - Alderman Hopkins declared a conflict of interest on the Niagara Transit Commission appointments because a member of his family is involved with the Niagara Transit. -8 - ~ discussion ensued regarding the procedure to be followed for selection of the appointees. It was moved by Alderman puttick, seconded by Alderman Cummings, that the two people with the most votes be appointed. The motion was Defeated with Alderman Hopkins abstaining from the vote on a conflict of interest 'previously recorded, and with the following vote: AYE: Aldermen Cowan, Cummings, Hinsperger and puttick. NAYE: Aldermen Campbell, Harrington, Janvary, Orr, Shetar and Ward. 'ORDERED on the motion of Alderman Campbell, seconded by Alderman Sherat, that the two appointees be selected by a majority and elimination vote, by secret ballot. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. Following a vote by ballot, Rudolph Meuser and John Boyd Hopkins were declared appointees to the Greater Niagara Transit Commission. It was generally agreed that for the Niagara Falls Board of Museums, the three persons with the highest number of votes be appointed for a three year term, and the two next highest in number, be appointed for a two year term. It was agreed that the balance of the elections be deferred to the Council meeting scheduled for January 8th, 1989. CD-89-95 - Chief Administrative Officer - Re: Schedule of Council and planning Meetings, First Six Months 1990. The report recommends ~hat Council approve the schedule of Council and planning Meetings for January through June 1990, as outlined on the attached calendar. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. C__arried UnanimouslYe- C-89-46 (HANDOUT) - Chief Administrative Officer - Re: Capital Expenditure By- law - Library. The report, which was approved earlier this evening by the Finance Committee, recommends that the Council give a first and second reading to the by-law appearing on tonight's agenda, approving an application of the Niagara Falls Public Library Board for the issue of debentures in the amount of one million dollars. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion.Carried ~ith the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harringtnn, Rinsperger, Hopkins, Janvary, puttick, Sherat and Ward. NAYE: Alderman Orr. See By-law No. 89-307. F6-89-21 (HANDOUT) - Chief AdnLinistrative Officer - Re: Uncollectable TaXes Revised Report, The report, which was approved earlier this evening by the Finance Committee, recommends that the attached listing of uncollectahle business tax accounts be deleted from the tax roll and that the listing of 'Other~ uncollectahle accounts be forwarded to the Credit Bureau. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. HR-89-23 (HANDOUT) - Chief Administrative Officer - Re: Appointment of Deputy City Clerk. The report, which was considered earlier this evening in Committee of the Whole, recommends that Council pass the by-law to be presented at tonight's Council meeting confirming the appointment of Mr. Gary Atack as Deputy City Clerk for the City of Niagara Falls, at the start rate of the position range. The said appointment to be subject to a six month probationary period, ',.commencing January 29th, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, Carried UnanimouslYe- See By-law No. 89-326. k -9 - B-89-104 (HANDOUT) - Chief Administrative Officer - Re: Building Improvements - Firehall Theatre. The report recommends that Council approve the following quotations to carry out building improvements at the Firehall Theatre: 1) The installation of heating and cooling systems hy Kool-Fire Limited at a cost of $30,~55.00; and Structural alterations in accordance with a design by Steelcon Engineering, by Rison Construction at a cost of $20,000.00. ORDERED on the motion of Alderman Janvary seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 69 - HINSPERGER - COWAN - RESOLVED that Alderman Ed Sherat be appointed Acting Mayor for the period December 29th, to December 30th, 1989; during the absence of His Worship Mayor William S, Smcaton; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslM~' BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the following by-laws be now read a third time: No. 89-275 - A by-law to authorize the rehabilitation of the roads on certain streets. No. 89-276 - A by-law to authorize the rehabilitation of the roads on certain streets and the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. Ne. 89-277 - A by-law to authorize the rehabilitation of the roads on certain streets. Carried Una~nimously. 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 and second time: No. 89-307 - A by-law to approve an application of The Niagara Falls Public L~brary Board for the issue of debentures in the principal amount of $1,000,000.00. No. 89-313 - No. 89-314 - A by-law to authorize the reconstruction of a Municipal parking lot. A by-law to authorize improvements to various Municipal rural drains. No. 89-315 - A by-law to authorize a construction programme to provide services for Phase I of the Montrose Business Park. The motion Carried with Alderman Orr voting contrary on By-law No. 89-307; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that leave be granted to introduce the following by-laws and the by-laws he read a first time: - 10 - NO. 89-316 - A by-law to amend By-law No. 79-200, as amended. (AM-2/89 T.G. Bright & Co. Limited; Report pD-89-132 approved by Council September 11, 1989). No. 89-317 - 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-2/89 T.G. Bright & Co. Limited). No. 89-318 - A by-law to amend By-law No. 79-200, as amended- (AM-25/89 Code Holdings; PD-89-152 approved by Council October 16~89). No. 89-319 - 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-25/89 Cade Holdings). No. 89-320 - A by-law to designate certain land not to be subject to part lot control. (Lots 56, 57 and 58 RP 59M-124). No. 89-321 - A by-law to establish a fee for processing plans and drawings in the site plan control area. No. 89-322 - A by-law to authorize the execution of a pipe crossing agreement with Canadian Pacific Limited· No. 89-323 - A by-law to amend By-law No· 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping, Standing and Parking), (ParRing Meters). No. 89-324 - A by-law to authorize the execution of an agreement with 527786 Ontario Limited respecting the supply of engineering design services by the City for the Mountaingate Estates, PhaSe 2 Plan of Subdivision. No. 89-325 - A by-law to provide monies for general purposes· No. 89-326 - A by-law to provide for the appointment of a Municipal Official· (Deputy City Clerk). ~ The motion Carried with Alderman Cowan voting contrary on By-law No. 89-323 as previously recorded under Report No. MW-89-255; with Aldermen Cowan and Hinsperger abstaining from the vote on By-law No. 89-325 on conflicts of interest previously recorded under Report No. F-89-58; with Alderman Cowan voting contrary on By-law No. 89-325 as previously recorded under Report No. F-89-58; 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. 89-316 - A by-law to ~amend By-law No. 79-200, as amended. No. 89-317 - 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. 89-318 - A by-law to amend By-law No. 79-200, as amended. No. 89-319 - 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. ....11 -11 - No. 89-320 - A by-law to designate certain land not to be subject to part lot control. No. 89-321 - A by-law to establish a fee for processing plans and drawings in the site plan control area. No. 89-322 - A by-law to authorize the execution of a pipe crossing agreement with Canadian Pacific Limited. No. 89-323 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffjc oo City Roads. (Stopping, Standing and Parking), (Parking Meters). No. 89-324 - A by-law to authorize the execution of an agreement with 527786 Ontario Limited respecting the supply of engineering design services by the City for the Mountaingate Estates, Phase 2 Plan of Subdivision. No. 89-325 - A by-law to provide monies for general purposes. No. 89-326 - A by-law to provide for the appointment of a blunicipal Official. (Deputy City Clerk). The motion Carried with Alderman Cowan voting contrary on By-law No. 89-323 as previously; with Aldermen Cowan and Hinsperger abstaining from the vote on By- law No. 89-325 on conflicts of interest previnusly recorded; with Alderman Cowan voting coutrary on By-law No. 89-325 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEM OF INTEREST: Sports Wall of Fame - Alderman Janvary referred to the Handout Announcement regarding the Sports Wall of Fame, and the Inaugural Induction ceremony scheduled far January 14, 1990. It was moved by Alderman Cummings, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously· READ AND ADOPTED,