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Minutes1990(B)- 10 ~ ORDERED on the motion of Alderman Hopkins, seconded by Alderman Marrington, that the communication be referred to Municipal Works for a summary report. Carried Unanimously. , · , · , It was moved by Alderman Janvary, seconded by Alderman err, meeting adjourn. carried Unanimously. that the READ AND ADOPTED, ~.c. WAGe, CIT~ C '" ' ~ / THIRTIETH MEETING REGULAR MEETING Council Chambers september 10, 1990 Council met on Monday, September 10th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Cummings who was in hospital, were present. Hie Worship Mayor Smeaton presided as Chairman. Alderman Hendershot offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the minutes of the meeting held August 27th, 1990, be adopted as printed. Carried Unanimously. RESIGNATION - ALDERMAN HARRINGTON Communication NO. 271 - Alderman Herrington - Re: Resignation. The communication expresses appreciation to Mayor Smeaton, Members of Council and Staff for consideration given during her term of office as Alderman in the city, and reviews concerns which will be taken to the Provincial Government. His Worship Mayor Smeaton congratulated Alderman Marrington on her successful election as New Democratic Party representative to the Provincial Legislature of Ontario. Alderman Marrington reviewed the aforementioned communication, expressed hope for the future in this Province, and asked Council to accept her resignation, effective this evening. ORDERED on the motion Of Alderman Campbell, seconded by Alderman Hopkins, that the resignation of Alderman Marrington be accepted with regret, effective at the end of this Council meeting. The motion carried with Alderman Harrington abstaining from the vote on a conflict of interest, because she is involved, and with all others voting in fayour. pROPOSED SPECIAL MEETING The clerk advised that a Special Meeting of Council would be required to appoint a successor to the chair vacated by Alderman Harrington. His Worship Mayor Smeaton referred to the traditional procedure practised by the Municipality of appointing the runner-up from the previous election, and the eligibility requirement of residence in the Municipality. ORDERED on the motion of Alderman Hendershet, seconded by Alderman err, that a Special Meeting of Council be scheduled for Monday, September 17th, 1990, at 7:00 p.m., to appoint an Alderman to fill the vacant position. Carried Unanimously. DEPUTATIONS THE ARTHRITIS 8OCIETY~ 1990 RESIDENTIAL C]~4PAIGN - Communication No. 272 - Mrs. Marcia McLean, Campaign Chairman, Niagara Falls Branchw The Ar~hritis Society - Re: 1990 Residential Campaign during September 1990. The communication provides information regarding the upcoming Campaign. Mrs. Marcia McLean expressed appreciation for the opportunity of addressing Council, introduced her son, Cameron, who suffers from Juvenile rheumatoid arthritis, and discussed the statistical data on children in the Niagara area who have this debilitating disease. She asked Council's support in the Campaign to raise needed funds for the Society, and referred to the Christmas cards designed by her son. Cameron McLean presented a package of the aforementioned Christmas cards to Mayor Smeaton, and noted that Alderman Hopkins had volunteered to be responsible for the sale of the cards to Members of council. -2- BICYCLE SAFETY - WEARING OF ~P, XJ4ETS - Communication No. 173 - Dr. Robin Willjams - Re: Bicycle Helmet Use. The communication provides statistical data with regard to a Bicycle Helmet Survey dated August 1990, Niagara Parks commission Trail. Dr. Willlame introduced Mrs. Donna Greenall and Ryan Foster, as well as Constable Asselin and other persons in attendance who have concerns regarding this matter. Dr. Willlama referred to specific accidents and the safety feature of wearing helmets to protect bicycle riders from head injuries, and asked Council to support 'A Niagara Initiative' program to promote the wearing of helmets in this community. Mrs. Greenall discussed the result of her son's head injury from a bicycle accident and presented samples of the colorful helmets. Ryan Foster reviewed statistical data taken from a bicycle helmet survey which had previously been submitted to Council. During the discussion, it was suggested that this matter might be referred to the Province by Alderman Herrington. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the communication be received and filed, and 'A Niagara Initiative' be adopted in principle. carried Unanimously. BINCO OPERATIONS IN NIAGARA FALLS - Communication No. 274 - William Walter, Principal, Saint Michael High School - Re: Operation of a Bingo. The communication refers to the school's request to operate Bingee in the City, requests that the City's 5 year existence policy be waived, and requests permission to address Council regarding this matter. -AND - Report No. CD-90-52 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls. The report recommends that the request for waiving of the five (5) year requirement for obtaining a bingo licenee not be granted. Aldermen Hopkins and Ward declared conflicts of interest because they are members of organizations which conduct bingos. Mr. WilliamWalter introduced Mr. Phil Beaven, President of the Parent Council and Mr. Len D'Aiuto, President of the Student Council, who were in attendance with other interested persons. He referred to information contained in the above named communication, discussed the need to raise funds to defer the cost of outfitting the school football team, as well as funding for other school activities. During the discussion, Alderman Herrington was asked to take the matter of bingo funds being removed from the private sector and returned to the community, into consideration with the Ontario Government. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the communication and report be received and filed, an~ the request to waive the five year requirement be granted. carried Unanimously. MOHTE CARLO BVENTS/FESTIVAL OF LIGHTS - Report No. CD-90-51 - Chief Administrative officer - Rex Monte carlo Events - Festival of Lights. The report recommends that Council endorse a resolution acknowledging the concept of a series of Monte Carlo events to be run by the charitable organizations in conjunction with the 1990/1991 Festival of Lights. Alderman Hopkins declared a conflict of interest because a member of his family is employed at Maple Leaf Village. - 3 - Mrs. Gladys currie, Assistant Manager, Maple Leaf Village, advised council that the Festival of Lights required more professional lighting displays and funding, and that the Monte Carlo Events would play an important part in the Festival- She requested Council's support in this matter. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote On a conflict of interest previously recorded, and with all others voting in fayour. SEVERANCE - pROpERTY/GORE STREET & ST. PATRICK AVENUE - Communication No. 275 - Giuseppe Ciampa - Re: Severance of property. The communication provides historical data with regard to the aforementioned severance, asks that the Municipal impost fee of $2,660.00 be reduced to the original amount Of $1,220.00 and requests permission to address council. -AND - Report No. pD-90-151 - chief Administrative Officer - Re: Conditions of Approval, Applications for Consent B-550/88 & B-503/90, Mr. G. (Joe) Ciampa. The report recommends that the impost charge applied to the above application be at the rate directed by Council in By-law 89-292. Through an interpreter, the historical actions taken with respect to the severance of the subject property were reviewed, and Council was asked to accede to Mr. Ciampa's request for a reduction in the impost fee. A discussion ensued regarding the procedure in this and other applications. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the communication be received and filed, the report be received and adopted, and further, that the impost charge remain at the current amount. Carried Unanimouslv. COMMUNICATIONS No. 276 - Canadian Diabetes Association - Re: proclamation. The communication asks council to proclaim the month of November 1990 as .Diabetes Month', in Conjunction with the Annual Appeal. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carriedunanimousl · No. 277 - Lupus Foundation of Ontario - Re: proclamation. The communication asks Council to proclaim the month of October 1990 as 'Lupus Awareness Month'. ORDERED on the motion of Alderman Ward, seconded by Alderman Binsperger, that the request be approved subject to established policy. Carried Unanimousl · No. 278 - Niagara Falls Director of Fire prevention - Rez proclamation. The Communication asks council to proclaim the week of October 7th to 13th, 1990, as 'Fire Prevention Week'. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the request be approved. Carried UnanimouslY. No. 279 - Niagara Falls Manager, Recreation programs - Rez proclamation. The communication asks Council to proclaim Sunday, September 16th, 1990, as 'Terry Fox Day'. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the request be approved. Carried UnanimouslY. Alderman Janvary retired from the meeting temporarily. - 4 - No. 280 - Niagara Falls - Fort Erie Real Estate Association - Re: Proclamation. The communication asks Council to proclaim the week of September 23rd to 29th, 1990, as mOntario Home Week'. It was noted that the request did not comply with the City of Niagara Falls' Policy, Section 200.27. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the request be denied. Carried Unanimously. No. 281 - Niagara South Condoeinium Corporation 16 - Re: Garbage Service. The communication requests that the sanitation department begin to supply garbage service to the two buildings at 6044 Swayze Drive as of October 1st, 1990. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the Communication be referred to the Waste Management Sub-Committee. Carried Unanimously. No. 282 - The Boys & Girls Club of Niagara Falls - Re: Third Annual Corporate Challenge - September 20th, 1990, Chippawa Arena. The communication requests a S~ecial Occasion Permit for the event. Alderman Hendershot declared a conflict of interest because he is a member of the Board of the Boys & Girls Club.. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that council indicate it has no objection to the issuance of a special Occasion permit to The Boys & Girls Club of Niagara Falls in conjunction with the Third Annual Corporate Challenge, to be held September 20th, 1990 at the Chippawa 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. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 283 - The Rotary sunrise Club of Niagara Falls - Re: Third Annual corporate challenge - September 23rd, 1990, cakes Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman err, seconded by Alderman Minsperger, that council indicate it has no objection to the issuance of a Special Occasion permit to The Rotary Sunrise Club of Niagara Falls in conjunction with the Third Annual Corporate Challenge, to be held September 20th, 1990 at the Chippawa 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. Alderman Janvary returned to the meeting. No. 284 - The COrporation of the City of Thorold - Re: Regional Report DPD 2798, June 27th, 1990, Areas Of Regional Non-Conformity. The communication requests a review of the attached report from Miller O'Dell Planning Consultants, and asks that comments be returned by September 28th, 1990. During the discussion, it was suggested that the communication be filed for reference in terms of future development. ORDERED on the motion of Alderman Hopkins, seconded by Al'derman Cowan, that the communication be received and filed. Carried Unanimously. No. 285A - Town of Fer~ Brie - Rex Toll Free Telephone Access within the Municipalities of Regional Niagara. The communication requests support of a resolution for toll free telephone access. - AND - Me. 28SB (HANDOUT) - Mrs. Carelye M. Reid, Regional Manager, Bell Canada - Res Resoldtier of Fort Erie. The communication attaches an information package entitled, .Toll-Free Calling, Niagara Region', in response to the resolution. - 5 - Alderman Hinsperger declared a conflict of interest because a member of his family is employed by the company and he has a financial interest. ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the communication be tabled until the next meeting of Council. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. NO. 286 - The Regional Municipality of Halton - Re: Gypsum Waste Recycling. The communication requests support of a resolution that the Ministry of the Environment review the status of gypsum wallboard waste disposal in Ontario. ORDERED on the motion of Alderman Nineperger, seconded by Alderman Cowan, that the communication be referred to the Waste Management Sub-committee. Carried UnanimouslY. No. 287 - Niagara North community Legal Assistance - Re: Anthony Dixon. The communication asks Council to consider measures to resolve the issue of public washroom facilities for disabled persons. During the discussion, Alderman Janvary indicated that the Special Needs Committee would work with Staff on this matter. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the communication be referred to Staff for a report. Carried Unanimousl · No. 288 - Mountain Road Landfill public Liaison Committee - Re: Approved Minutes of the Mountain Road Landfill public Liaison Committee. The communication attaches the approved minutes for the July lath, 1990 meeting of the Committee for the information of Council. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the communication be received and filed. carried UnanimouslY. No. 289 - Director of Parks & Recreation - Re: Appreciation- The communication expresses appreciation to Mayor Smeaton and Members of City Council. His Worship Mayor Smeaton stated that Robert Sones had served the community well, and wished the former Director of parks and Recreation a successful retirement- ORDERED on the motion of Alderman Ward, seconded by Alderman Hineperger, that the communication be received and filed. Carried Unanimously. No. 290 (HANDOUT) - Gadling Borough Council - Re: Robert Wood Singers/Carlton Male Voice Choir Exchange. The communication brings greetings, expresses appreciation, and includes a gift. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously- REPORTS HR-90-2~ - Chief Administrative Officer - Re: Employee Recognition Night. The report recommends that council authorize an Employee Recognition Night, to be held on November 3rd, 1990, at the German Village, and as well an expenditure of 82,500.00 towards the operating costs. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. carried UnanimouslY. 8-90-19 - Chief Administrative Officer - Re~ Quit Claim of Part of a Street on the Major Leonard Plan. The report recommends that a Quit Claim be executed by The Corporation of the City of Niagara Falls in fayour of Kevin James Lows and Wands Leona Lows, as Joint tenants. ORDERED on the motion of Alderman Hinsperger, seconded by Aldermen Janvary, that the report be received and adopted. Carried UnanimouslY.. B-90-68 - Chief Administrative Officer - Rez O.H.R.P. Loan 2625000 832. The report recommends that Council approve the application for the Ontario Home Renewal Program, Loan No. 2625000 832. . . . . 6 - 6 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. B-90-69 Chief Administrative Officer - Re: The Buildings & Inspections Department Report for August 1990. The report provides information regarding Permits Issued and Highlights for August 1990, and recommends that this report be received and filed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-90-70 - Chief A~ministrative Officer - Re: Boat Ramp - Sodom Road. The report recommends that the City provide a proper parking area for the Welland River Boat Ramp at Sodom Road. His Worship Mayor Smeaton expressed appreciation to the Lions Club for their efforts in this matter. ORDERED on the motion Of Alderman Hlnsperger, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. MW-90-212 - Municipal Works COmmittee - Re: committee Reports. The report recommends the following= 1) MW-90-203 - Region Sewage Treatment Alternatives Study - Impacts on City of Extension Study - It is recommended that the City support the Region's proposed 'broadened approach', and hence the extension to the Sewage Treatment Alternatives Study subject toz (i) The Region using its best efforts to complete the extended Study within one year; A commitment by the Region to include an allocation in the 1991 budget for securing the property for the second Sewage Treatment Plant; (iii) The original report information being used as a basis for the extended Study; and 2) (iv) The Public Advisory Committee (FAt) being advised accordingly, MW-90-199 - Street Lighting xmprovemsnts - / It is recommended that the City of Niagara Falls make application to Ontario Hydro for a $180,000.00 Street Light Improvement Program to be carried out in the Fall of 1990, with costs shared 75% by the City and 25% by Ontario Hydro. The 8135,000.00 City share would be paid by monies available in our Special Reserve Fund. 3) MW-90-195 - Household Hazardous Waste Days - It is recommended that the appropriate contract be prepared to provide that Laidlaw Environmental Services conduct two Household Hazardous Waste Days for the City and provide a pick-up service for shut-ins.. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hlnsperger, that the report be received and adopted. carried Unanimously. MW-90-213 (BANDO~E) - Municipal Works committee - Ret Committee Reportz New Equipment - Dump Truck Complete with Crew Cab - Sewer Section. The report recommends that Staff be authorized to purchase a one-ton dump truck complete with crew cab for the Sewer Section, from Neal Pontiac Buick G.M.C. Ltd., for a total sum Of $26,456.76, from Reserve Account #11433 (1989). ORDERED on the motion of Aideman Janvary# seconded by Alderman Orr~ that the repor~ be received and adopted. ~arried Unanimously. - 7 - F-90-49 - Chief Administrative officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,297,740.36 for the period ending September 10th, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Minsperger declared a conflict of interest on Cheque Nee. 61318, 61319 and 61455 because a member of his family is employed by the firm. Additional information was provided on Cheque Nus. 61450, 61488 and 61509. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on the Cheque Numbers and for the reason previously recorded; and with all Others voting in fayour. See By-law No. 90-232. RESOLUTION No. 63 - JANVARY EINSPERGER - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the CounCil of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy funds for the year 1990, for public transportation, in the amount of $780,000.00 for the Capital Assistance Programme; AND the Seal of the corporation be hereto affixed. Carried Unanimously. No. 64 - HOPKINS - HINSPEROER - RESOLVED that a message of condolence be forwarded to the family of the late Harry Rustige, a very active, well known and highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 64.01 - eRR - HINSPERGER - RESOLVED that Council endorse a resolution acknowledging the concept of a series of Monte carlo events to be run by the charitable organizations in conjunction with the 1990/1991 Festival of Lights; 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 and with all others voting in fayour. BY-LAWS ORDERED on the motion of Alderman err, seconded by Alderman cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-230 - A by-law to authorize a Quit Claim of land from The corporation of the City of Niagara Falls to Keyin James Lowe and Wands Leona Lowe. No. 90-231 - A by-law to authorize the execution of an agreement with Watkinson · . Associates Architects Inc., for architectural services respecting ' the ~roposed Firehall Administration Building. (Report B-90-67 ~"~ ~'~ ~ re .Council August 27/90). " ~ 'l~ red by No. 90-232 - A ~y-law to provide monies for general purposes. The motion Oar~ied with Alderman Hlnsperger abstaining from the vote on By-law No. 90-232, on a conflict of interest previously recorded under Report No. F- 90-49; and with all others voting in fayour. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the following by-laws be now read a second and third time~ 90-230 - A by-law to authorize a Quit Claim of land from The Corporation cf the City of Niagara Falls to Keyin James Lows and Wands Leona Lows. e , · S - S - No. 90-231 - A by-law to authorize the execution of an agreement with Watkinson Associates Architects Inc., for architectural services respecting the proposed Fireball Administration Building. No. 90-232 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 90-232, on a conflict of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF INTEREST; Office Signs - City Hall - Alderman err requested a verbal report on her previous request for signs to be posted in offices within City Hall. The Director of Buildings & Inspections Department advised that the matter was being considered and a report would be submitted, Niagara District Airport - Alderman Cowan presented a verbal update report regarding the Niagara District Airport with particular reference to the control tower and the down-grading of facilities. christmas Cards/Arthritis Society - Alderman Hopkins announced that he has Christmas cards, designed by Cameron McLean, for sale, with the proceeds to be forwarded to the Arthritis Society. Niagara Regional Exhibition/Niagara Falls Day - Alderman Janvary announced that Sunday, September 16th, 1990 was Niagara Falls Day at the Niagara Regional Exhibition, and that the Civic Committee had arranged for presentations from the following: Rainbow Squares, Starlight Dancers, Harmony Niagara Ladies Barbershop Chorus, Academy of Dance, Children's chorus and centre Stage Dancers. terry Fox Run - Alderman Sherat made reference to the Terry Fox Run which is scheduled for Sunday September 16th, 1990. , , · · · It was moved by Alderman Puttick, seconded by Alderman err, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, C.~,~C~ THIRTY-FIRST MEETING SPECIAL MEETING Council chambers September 17, 1990 council met On Monday, September 17th, 1990, at 7:00 p.m. in a Special Meeting to consider filling a vacancy on Council. All members of Council, with the exception of Alderman Cummings who was in hospital, were present. His Worship Mayor Smeaton presided as chairman. Alderman Rinsperger offered the Opening Prayer. His Worship Mayor smeaton welcomed Kim G. Craitor and his wife, Helen, to the meeting. REPORT CD-90-S& - Chief Administrative Officer - Re: Vacancy on council. The report recommends that Council adopt the appropriate Resolution and pass the appropriate By-law, at this Special Meeting, to fill the Council vacancy created by the resignation of Alderman Margaret Harrington. It was noted that Mr. Craitor had expressed his willingness, in writing, to fill the vacancy created by the recent election of Margaret Harrington as MPP. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See Resolution No. 65. See By-law No. 90-233. RESOLUTION No. 65 - HINSPERGER ~ COWAN - RESOLVED that WHEREAS the Municipal Act, R.S.O. 1980, chapter 302, Section 45, provides that the Council of a local Municipality, at a meeting called for the purpose, shall appoint a person who has consented to accept the office if he is appointed to fill the vacancy; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby nominates the next runner up, Kim traitor, to fill the seat declared vacant due to the resignation of Margaret Harrington; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LA~ ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Cowan, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 90-233 - A by-law to appoint Kim Craitora member of council of the City of Niagara Falls. Carried Unanimousl . ORDERED on the motion of Alderman Hinsperger, seconded by Alderman cowan, that the following by-law be now read a second and third time: No.'90-233 - A by-law to appoint Kim craitor a member of council of the City of ,',., '~Nl~gara Palls. Carrdeunanim uel . The Statutory Declaration of Office and Qualification were filed with the City clerk, afber the Oath of Office had been administered to Klm Oraltot by the Clerk. - 2 - NEW BUSINESS Prisoner Of War Association -- Communication No. 285 (HANDOUT) - Ed Luce, POW Association - Re: P.O.W. Ceremony, Friday, September 21st, 1990. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Shetar, seconded by Alderman Ward, that the request be granted subject to the approval of other authorities. Carried Unanimously. International Law Enforcement Softball Tournament - Communication No. 286 (HANDOUT) - Paul Palfrey, President, International Law Enforcement Softball Tournament - Re: Tournament - September 17th, 1990, Cupola Sports Complex. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the International Law Enforcement Softball Committee in conjunction with the Tournament to be held on September 22nd, 1990, at the Cupola Sports Complex, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimouelv- Kiwanis Duck Race - communication No. 287 (HANDOUT) - Kiwanis Club of Stamford - Re: Proclamation. The communication requests Council to proclaim the week of September 22nd, 1990, as 'Kiwanis Dufferin Island Duck Race Week'. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried UnanimouslY. Third Annual Niagara Falls corporate Challenge Cup - Alderman Bendershot referred to the Corporate Challenge to be held Sunday, September 23rd, 1990 at cakes Park. Mr. con Eidt, Director of Engineering, Regional Municipality of Niagara - His Worship Mayor smeaton advised that Mr. Eidt was taking therapy in hospital and anticipated being home soon. Aldeman Pat Cummings - Hie Worship Mayor Smeaton stated that Aldermen Cummings was looking much better, was taking regular therapy in hospital and might be visited in late afternoons and evenings. ** *** It was moved by Alderman Orr, seconded by Alderman Janvary, that the Council adjourn this Special Meeting and reeonvene in a planning/Regular Meeting. carried Unanimously. THIRTY-SECOND MEETING PLANNING/REGULAR MEETING council Chambers September 17, 1990 council met On Monday, september 17th, 1990, at 7:30 p.m., for the purpose of considering Planning Matters and regular business. All members of council, with the exception of Alderman Cummings who was in hospital, were present. His Worship Mayor Smeaton presided as Chairman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the minutes of the meeting held September lOth, 1990, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERa PD-90-130 Chief Administrative Officer Application AM-22/90 Gorge Holdings Inc., recommends the following: Re: Zoning By-law Amendment 5730 Ferry Street. The report 1) That Council support an amendment to the Zoning of the property to permit the construction of an hotel, up to 10 storeys in height, and not to exceed 131 rooms; That the amending by-law include improved provisions regulating maximum lot coverage, building setbacks, inclusive of a larger front yard and minimum on- grade landscaping; 3) That the applicant dedicate any required road widening strip to the Regional Municipality of Niagara along the property's full frontage on Ferry Street; 4) That the applicant be required to employ storm water management techniques, including low flow plumbing and storm water drainage fixtures, and undertake tests to determine whether the watermain on Ferry Street is adequate to supply water for domestic and firefighting needs and, if necessary, provide on-site pressured enhancing devices and make arrangements to connect to the watermain on Peer Street, all to the satisfaction of the City's Municipal Works Department; That the lands be placed under Site Plan Control to address landscaping, fencing, lighting, parking, storm water retention, servicing, grading, etc., and that Staff be directed to prepare the amending by-laws for enactment at a subsequent Council meeting; and 6) That the applicant and the Regional Municipality of Niagara be advised according. -aND- COmmunication No. 288 - William R. Jenkins - Re: Proposed Amendment to Zoning By-law 79-200, 5730 Ferry Street; Gorge Holdings. The communication expresses concern regarding noise, bus and automobile exhaust and loss of privacy due to the proposed development, and requests that a noise barrier type of fence be constructed. His Worship Mayor Smeaton declared the public Meeting open and explained the procedure to be followed under the Planning Act, 1983. The Clerk advised that the Notices of the Public Hearing had been forwarded by first-class mail on August 17th, 1990, 31 days ago. Mis Worship Mayor Smeaton received indication that Mr. William Slovak, Solicitor, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. - 2 - The Director of planning and Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information included in Technical Report NO. pD-90-129: Development proposal; Official plan; Zoning By-law; Surrounding Land Use; Comments from the public Notification process; planning Review; and Site plan Review. His Worship Mayor Smeaton received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the project, and from persons opposed to the application · Mr. Slovak discussed an architect's drawing, by Mr. Don Chapman, which he passed around to the members of Council, which provided a more comprehensive picture of the proposed hotel- He requested that the recommendations of Staff not be included in the amendment by-law, but to permit the applicant to enter into the site plan process and negotiate landscaping, lot coverage, and setback. Mr. Slovak discussed the effort required to design the project in order to have maximum affect on vehicular traffic, and encourage hotel customers- Me stated that the project conformed 'very closely' to the hotel study guidelines; that the only objector, living on peer Street, would be accommodated; and questioned the road widening requirement- Mr. Chapman, Architect, discussed the proposed hotel setback in comparison with that of the adjacent Super 8 Hotel tower, stated that the Super 8 tower · obscured' the view of the proposed hotel from vehicles travelling west and that it was necessary to make the travelling public aware of the facility; indicated the proposed landscaping shown on posted sketches and 'inviting" character of the hotel from the street; and stated that it would be difficult to "shove the hotel further back'- Further discussion ensued with respect to the setback, landscaping, the hotel study guidelines, the placement of buildings close to the street, road widening, concerns regarding parking on the east side of the property, and the need for further negotiation- Since no further comments were forthcoming, His Worship Mayor Smeaton declared the public Meeting closed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that the report be received and adopted. The motion Cartie_ d with the following vote: AYE: Aldermen Campbell, Cowan, craitor, Hendershot, Hinsperger, Hopkins, err, puttick, sherat and Ward. NAYE Alderman Janvary. UNFINISHED BUSINESS TOWN OF FORT ERIE/TOLL FREE TELEPHONE ACCESS - Communication NO. 289A - Town of Fort Erie - Re: Toll Free Telephone Access Within the Municipalities of Regional Niagara (TABLED 1990 09 10). The communication requests support of a resolution for toll free telephone access. - ~MD - Communication NO. 289B - Mrs. Carolyn M. Reid, Regional Manager, Bell canada - Re: Resolution of Fort Erie (TABLED 1990 09 10). The communication attaches an information package entitled~ 'Toll-Free Calling, Niagara Region", in response to the Fort Erie Resolution. Alderman Hinsperger declared a conflict of interest because a member of his family is employed by Bell canada, and he has a monetary interest. ORDERED on the motion of Alderman cowan, seconded by Alderman err, that the communications be received and filed. The motion ~ with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. - 3 - CITy BALL SIGNS - Report No. B-90-72 - Chief Administrative Officer - Re: City Hall Signs. The report provides information that at the present time most departments have counters at which signs are clearly placed to advise the public, and that signs would be provided for the departments which do not have them; and recommends that this report be received for the information of council. It was moved by Alderman err, seconded by Alderman Ward, that signs be posted in the Finance Department. Following a discussion, it was moved by Alderman Campbell, seconded by Alderman Hendershot, that the matter be tabled until the next meeting of Council to allow a further investigation by Council members. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Campbell, Craitor, Hendershot, Hinsperger, Hopkins, Orr, sherat and Ward. NAYE: Aldermen Cowan, Janvary and Puttick. COMMUNICATIONS No. 290 - Meals on Wheels - Re: proclamation. The communication asks Council to proclaim the week of September 23rd to 29th, 1990, as 'Meals on Wheels Week". ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherar, that the request be approved subject to established policy. Carried Unanimousl . No. 291 -~NICEF Ontario - Re: proclamation. The communication requests Council to proclaim October 1st, 1990, as 'World Summit For children Day', and October, 1990 as 'UNICEF Month`- ORDERED on the motion of Alderman Janvary, seconded by Alderman Minsperger, that the requests be approved subject to established policy. Carried_______Unanimous_~l- REPORTS E-90-34 - Chief Administrative Officer - Re: BILD committee - Site Plan control Policy. The report recommends that City Council approve the attached Site Plan Control Policy - 1990, presented by the BILD Committee, which will replace the · site Plan Control policy - 1980", and that the effective date be September 18, 1990. Mr. Fred Paul, Miller O'Dell & Paul, addressed council with reference to the Special Meeting held earlier this evening for a discussion of the Site Plan Policy. He requested that urban designers, planners and landscape architects be included on Page 3 of the policy, in addition to architects and professional engineers. During the discussion, a request was made for further information regarding the policy of development clean-up, and it was suggested that the matter be considered at the next meeting of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. It was further recommended that page 3 of the Site Plan Policy be amended to include urban designers, planners and landscape architects. Carried UnanimouslY. B-90-71 - Chie~ Administrative Officer - Re: Site Plan Approval - proposed Apartment Addition & Alterations, 4658 portage Road, C. of A. A-77/90. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 6 unit apartment addition and alterations, and the Bite Plan being drawing Number SP-1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on September 5th, 1990 and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell~ that the report be received and adopted. Carried UnanimouslY._ - 4 - MW-90-215 - Municipal Works Committee - Re: Committee Reports- The report recommends the following: 1) MW-90-211, All Way Stop Request MacDonald Ave. & Kitchener St. - The report recommends that: (l) An all way stop control be installed at the intersection of MacDonald Avenue and Kitchener Street; and (ii) The flashing red beacons over top of the eastbound and westbound stop signs be removed- 2) MW-90-209, petition for Storm Sewers on Second Ave., between Bridge St. & Hamilton St. - The report recommends that: (i) The petition and accompanying letter, dated August 2, 1990, requesting ~ storm sewers on Second Avenue be received and referred to Staff; (ii) Storm sewers not be constructed at this time; (iii} The flooding problems on Second Avenue be investiqated as part of the City-Wide Sewer infrastructure Needs program scheduled to commence in January 1991; and (iv) The repaying of Second Avenue, between Hamilton Street and Bridge Street, be deleted from the 1990 Asphalt Overlay program, and be reconsidered at a future date, after the questions regarding the construction of storm sewers have been addressed- 3) MW-90-207, parking Restrictions, Mountaingate Road - It is recommended that parking be prohibited on both sides of Mountaingate Road from portage Road to a point 52 mettee northwest of portage Road. ORDERED on the motion of Alderman puttick, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimouslY. MW-90-217 - Chief Administrative Officer - Re: Storm Drain Works for chippawa Demonstration project- The report recommends that the unit prices submitted by the low tendeter, Master Paving & Construction Ltd., be accepted and that this contract be awarded to this firm, subject to: 1) That the extent of this contract be limited to the homeolwners that enter into a written agreement with the City allowing this work to be carried out. During the discussion, Alderman Hopkins requested information regarding the removal of spills from the site. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY. See Resolution No. 66. See By-law No. 90-236. MW-90-218 - chief Administrative Officer - Re: Lifelines Grant Application for City-Wide Sewer infrastructure Needs Program. The report recommends that Application be made to the Ministry of Environment for Lifelines Grant Funding of the City'e Sewer infrastructure Needs Program. ORDERED on the motion of Alderman Cowan, seconded by Alderman JanVary, that the report be received and adopted. Carried Unanimously. See Resolution No. 67. 8-90-18 - Chief ad~inistrative Officer - Res Repeal of By-law to Exempt certain Lands from Part Lot control; Lot 78, Registered plan 603 H.K.A. Plan 283, Parts I and 4 on Reference Plan 59R-7129; 4302-4308 Ellis street. The report recommends that By-law No. 90-199, passed by CIty council on July 30, 1990 to exempt certain land from part lot control, be repealed. - 5 - ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger# that the report be received and adopted. carried Unanimously= See By-law No. 90-234. F-90-S0 - Chief Administrative officer - Re: Municipal Accounts. The report recommends that the accounts totalling $10,862,576.57 for the period ending September 17th, 1990, be approved by the passing Of the by-law appearing later on the agenda. Aldermen Hendershot and Janvary declared conflicts of interest on Cheque No. 61698 because they are employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque No. 61614 because a member of his family is employed with the company. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Hendershot Hinsperger and Janvary abstaining from the vote on conflicts of interest and for Cheque Numbers recorded previously; and with all others voting in fayour. See By-law NO. 90-237. CD-90-53 - Chief Administrative Officer - Re: proposed Changes to the Municipal Elections Act - Bill 230. The report provides information regarding the above mentioned changes and recommends that this report be received and filed for the information of Council. 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, Craitor, Hendershot, Hinsperger, Hopkins, err, Puttick, Sherat and Ward. NAYE: Alderman Janvary. ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the clerk be asked to prepare a further report with respect to D.R.O.'S, polling Stations, and Cost/savings, as well as the provisions under Part III Of the Municipal Elections Act. Carried Unanimously. RESOLUTIONS No. 66 - WARD - HINSPERGER - RESOLVED that the unit prices submitted by Master Paving & Construction Ltd., for Storm Drain Works for the Chippawa Demonstration Project, be accepted at the low tendered amount of $43,195.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimous1 . No. 67 - COW~ - JANVARY - RESOLVED that the Council of the City of Niagara Falls approve an application to the Ministry of the Environment for 50% funding, in the amount Of $960,000.00, under the Lifelines Grant Funding, of the City's Sewer Infrastructure Needs program, the total cost being $1,920,000.00; the remaining cost of the program will be shared equally between the Region of Niagara and the City of Niagara Falls in the amount of $480,000.00 each; AND the seal of the CSrporation be hereto affixed. Carried Unanimousl · No. 68 - BINBPERGMR - NENDERSHOT - RESOLVED that the Council of the City of Niagara Falls abprove, in principle, "A Niagara Initiative" as follows: 1) Adopt and promote a -Niagara Initiative", to develop a school based helmet promotion program for next spring in each elementary school in Niagara Falls; 2) Pull together a committee of interested individuals and professionals to - cohost a fall information meeting; AND the Seal of the Corporation be hereto affixed. Ca tied a o - 6 - 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. 90-23a - A by-law to repeal By-law No. 90-199, being a by-law to designate certain land not to be subject to part lot control. No. 90-235 - A by-law to authorize the execution of an agreement with Bromac construction Engineering Ltd- for additions and alterations to the Municipal Service Centre.(Report MW-90-205 approved by council August 27, 1990)- No. 90-236 - A by-law to authorize the execution of an agreement with Master paving & Construction (Niagara Falls) Ltd. for the Chippawa Storm Drain Demonstration project- No. 90-237 - A by-law to provide monles for general purposes- The motion carrio___ d with Aldermen Henderehot, Hinsperger and Janvary abstaining ~ from the vote on By-law No. 90-237, on conflicts of interest previously recorded under Report No. F-90-50; and with all others voting in fayour- ORDERED on the motion of Alderman Minsperger, seconded by Alderman Sherat, that the following by-laws be now read a second and third time= No. 90-23& - A by-law to repeal By-law No. 90-199, being a by-law to designate certain land not to be subject to part lot control- No. 90-235 - A by-law to authorize the execution of an agreement with Bromac Construction Engineering Ltd. for additions and alterations to the Municipal Service Centre.(Report MW-90-205 approved by Council August 27, 1990)- No. 90-236 - A by-law to authorize the execution of an agreement with Master paving & Construction (Niagara Falls) Ltd. for the Chippawa Storm Drain Demonstration project- No. 90-237 - A by-law to provide monies for general purposes. The motion Cattle____ d with Aldermen Mendershot, Hinsperger and Janvary abstaining from the vote on By-law No. 90-237, on conflicts of interest previously recorded; and with all others voting in fayour- ***** It was moved by Alderman puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. THIRTY-THIRD MEETING Council Chambers September 24, 1990 APPOINTMENT OF ACTING MAYOR No. 69 - OAR- RENDERSROT - RESOLVED that Alderman Bruce Ward be appointed Acting Mayor for the council Meeting held this evening, September 24, 1990, in the absence of His Worship Mayor William S. Smeaton; AND the Seal of the Corporation be hereto affixed. Carried UnaE REGULAR MEETING council met on Monday, september 24th, 1990, 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 Puttick who was on vacation, were present. Acting Mayor Bruce Ward presided as Chairman. Alderman Sherar offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the minutes of the regular and Special meetings held September 17th, 1990, be adopted as printed. carried Unanimously. WELCOME BACK - ALDERMAN CUMMINGS On behalf members of Council, Alderman Janvary welcomed Alderman Cummings, who had been absent from Council meetings for several months for health reasons. Alderman Cummings expressed appreciation to members of council and staff for cards, flowers and fruit baskets he had received. pRESENTATION SGT. RON PERESO~I, REGIONAL pOLICE FORCE - Acting Mayor Bruce Ward welcomed Inspector Nicholls and sgt. Ron Peresotti to the meeting. He reviewed a letter of appreciation, signed by Betty and Dennis French of Battle, Ontario, with respect to actions taken by Sgt. Ron Peresotti to assist their daughter, Debbie, when she was stranded in Niagara Falls. Acting Mayor Ward congratulated and presented Sgt. Ron Peresotti with a Recognition Award on behalf of members of Council. DEPUTATION PROVINCIaL/MUNICIPAL SOCIAL SERVICES REVIEW - Communication NO. 292 - Ms. janice Wiggins, Acting Executive Director, Social Planning Council of Niagara Falls - Re: provincial/Municipal Social Services Review. The communication requests permission to address Council. Acting Mayor Ward welcomed Mr. George Melvin, Chairman of the provincial/ Municipal Social Services Review Committee, to the meeting. Mr. Melvin reviewed the response and recommendations of the Social Planning council with respect to the Review. ORDERED on the motion of Alderman Janvary# seconded by Alderman Orr, that the communication be received, and further, that a letter of appreciation be forwarded to the Social Planning Council Carried UnanimouslY. - 2 - NIASARA FALLS CITY NISSION ' COmmunication No. 293 -Ray G. Czajkowskl, Chairman, Niagara Falls City Nission - Re: Approval of Name - Niagara Falls City Mission. The communication requests permission to address Council, introduce the group, and to request approval for the use of the name, Niagara Falls City Mission. Mr. czajkowski introduced Mrs. Bobby Gauthier, who was in attendance with other members of the Board. He provided background data, discussed its activities and goals, discussed an unrecorded needs study undertaken with respect to the newly organized non-denominational Mission, and referred to a letter forwarded by the group to the Downtown Board of Management- Mr. Czajkowski responded to questions raised regarding funding, similar groups in other Municipalities, the diverse support services already available and need for referrals to other agencies. Mrs- patrioia High, Advisory Board Member of project S.H.A.R.E-, and Mrs. ~ Marion Grimo, who operates the Community "soup" Kitchen, were in attendance to express their concerns with respect to the possibility of the City Mission causing increased dependency, duplication of services, funding requests, and the need for a ,'men's hostel" in the City. They responded to enquiries with respect to the funding of the Community Kitchen, assistance from Churches and others, as well as volunteer staffing. The Chief Administrative Officer provided a legal opinion regarding the use of the City of Niagara Falls name. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be received and filed, and further, that the Mission adhere to all City by-laws. Carried UnanimouslY. UNFINISHED BUSINESS CITY BALL SIGNS - ReportNo. B-90-72 - Chief Administrative Officer - Re: City Hall Signs (COUNCIL 1990 08 13). The report provides information regarding signs in City Hall, and recommends that this report be received for the information of Council- ORDERED on the motion of Alderman err, seconded by Alderman Mendershot, that the report be received, and further, that all staff offices in City Mall be signed, and all City Staff desks have name plates. The motion Cattle___ d with the following vote: AYE: Aldermen Campbell, cowan, Craitor, Mendershot~ Hinsperger, Hopkins, Janvary, err and Sherar- NAYES Alderman Cummings. MOTEL CONSTRUCTION - NORTH/WEST CORNER LUNDY°8 LANE & MONTROSE ROAD - Report No. B-90-75 - Chief Administrative Officer - Re: Hotel conetructiox: - North/West corner Lundy's Lane and Mentress Road (COUNCIL 1990 09 14). The report provides information regarding action taken with respect to the subject property, and recommends that this report be received for the information of Council. ORDERED on the motion of Alderman cowan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY. COMMITTEE VACANCIES - Report No. CD-90-55 - Chief Administrative Officer - Re~ The report recommends the followings 1) 2) Committee Vacancies. That Council make the appointments necessary to fill the vacancies on Committees created by the resignation of Alderman Hatring:on; That Staff be authorized to prepare and bring forward any By-law necessary to effect the appointments. .... 3 3 During the discussion, Acting Mayor Ward stated that the Infrastructure Needs program in Chippawa would not require a replacement for the former Alderman Herrington. Alderman Craitor indicated his wish to fill the vacancies on all the committees. It was suggested that the Clerk's office provide information regarding time frames for the Committee meetings. ORDERED on the motion of Alderman Janvary, seconded by Alderman err. that the report be received and adopted, and further, that Alderman Craitor be appointed to the Committees enumerated in the report, with the exception of the infrastructure Needs committee in chippawa. Carried Unanimously. pROVINCIAL LEGISLATION - BIT.T. 230 - Report No. CD-90-56 - Chief Administrative Officer - Re: Provincial Legislation - Bill 230 (COUNCIL 1990 09 17). The report states that all legislation which had not received Royal Assent before the recent Provincial election must be reintroduced, and therefore, at present Bill 230 had no status; and recommends that the report be received for the information of council. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hendershot. that the report be received and adopted. Carried Unanimously. pRISONER OF WAR ASSOCIATION pARADE - Report No. CD-90-57 - Chief Administrative Officer - Re: Prisoner of War Association Parade, September 21, 1990 (COUNCIL 1990 09 17). The report provides information regarding action taken with respect to the subject matter, and recommends that the report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 294 - Miss Dorothy Van Slyke, chief Librarian, Niagara Falls public Library - Re: Proclamation. The communication asks council to proclaim the week of October 15th to 21st, 1990, as "Ontario Public Library Week in Niagara Falls". ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the request approved subject to established policy. Carried Unanimously- No. 295 - Geraldine Airey, Public Relations Committee, Niagara Branch, Ontario Society of Occupational Therapists (OSOT) - Re: proclamation. The communication asks Council to proclaim the week of October 22nd to 29th, 1990, as Occupational Therapy Week". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the request approved subject to established policy. Carried Unanimous1 . No. 296 - William R. Bell, Manager, Family Counselling centre (FACe) - Re: Proclamation. The communication requests Council to proclaim the week of October 1st to 7th, 1990, as "National Family Week". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hopkins, that the request approved subject to established policy. Carried Unanimousl · No. 297 - Carols Martin, Manager, Manpower Temporary Services, Niagara Falls Branch - Res Proclamation. The communication asks council to proclaim the week of October 8th to 14th, 1990, as ,,National Temperaries Week". ORDERED on the motion of Alderman cummings, seconded by Alderman Sherat, that the request be denied because it does not comply with the City of Niagara Falls Policy, Section 200.27. Carried UnanimouslY. No. 298 - ~he Royal Canadian Legion, Niagara Falls (On:. No. 51) Branch - Rot Visit of Sunnybrook Hospital Veterans. The communication advises that the Veterans from Sunnybrook Hospital, Toronto, will schedule their annual visit to Niagara Falls on October 14th, 1990. - 4 - During the discussion, information was provided by Staff with respect to insurance liability coverage for parades in this City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried UnanimouslY. No. 299 - Marg NagS, Executive Director, Dawntown Beard of Management - Re: Ballowe'an Luncheon - Wednesday, October 31, 1990. The communication requests the use of City Hall Cafeteria for the event. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the request be approved- Carried UnanimouslY- REPORTS MW-90-233 (BANDOUT) - MunicIpal Works Committee - Rez Committee Report: Rpplication for Emergency Certificate of Approval for Mountain Road Landfill. The report recommends that the Application for an Emergency Certificate of Approval for the Mountain Road Landfill, be endorsed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously- MW-90-236 (HANDOUT) - Municipal Works Committee report recommends the following: 1) Committee Reports. The MW-90-224 - Waste Management Sub-Committee Report Landfill Tipping Fee; and MW-90-223 - Mountain Road Landfill public Liaison Committee Report= Acceptance of Business sector Waste at Mountain Road Landfill - It is recommended that: 1. The recently purchased scales be refurbished and installed at the Mountain Road Landfill Site; 2. Business Sector waste be accepted at the Mountain Road Landfill subject to charging of a tipping fee; 3. The Waste Management Sub-Committee consider further the tipping fee schedule; 4. No entry be allowed to vehicles with waste from outside the city of Niagara Falls; 5. Vehicles with necessary cover or road building materials continue to be exempt from any charge; 6. The necessary by-law to implement these features be prepared; and 7. The recommendation of the Public Liaison Committee on this matter in Report MW-90-223 "That Business Sector waste be accepted at the Mountain Road Landfill on an interim basis, to be reviewed annually to determine the success of the Business Sector of diverting waste from the Landfill". MW-90-226 - Niagara North Solid Waste Master Plan Implementation Study - It is recommended thatz 1. The report entitled, "Niagara North Solid Waste Master Plan implementation Study", (August 1990), be received; 2. The Master plan/Board of Management Agreement recommended in the Study, be endorsed; 3. The Municipal/Regional Agreement designating the Region as the ,'agent" for the Master Plan Study as recommended in the study~ be endorsed; 4. The Public Consultation Process as recommended in the Study~ be endorsed; - 5 - 5. TWo Members of council be appointed to the Board of Management; and 6. The Implementation Schedule outlined in Section 2.0, be adopted. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote= AYE: Aldermen Campbell, Cowan, traitor, Cummings, Hendershot, Hinsperger, Mopkins, Janvary and err. NAYE: Alderman Sherat. MW-90-214 - Business Park Committee - Re: MoLtrose Business Park - consulting Services Agreement. The report recommends that the By-law appearing on tonight's agenda, authorizing the execution of the Consulting Services Agreement with Proctor & Redfern Ltd., in the amount of $210,900.00, to carry out design works for a pumping station and forcemain at the MoLtrose Business Park, be approved. Aldermen Cummings and Sherar declared conflicts of interest because their employer has a business interest. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, Mendershot, Hinsperger, Hopkins and Janvary. NAYE: Aldermen Campbell, Craitor and err. See By-law No. 90-244. MW-90-220 - Business Park Committee - Re: Design of Internal Servicing for the MoLtrose Business Park. The report recommends that a Consulting Services Agreement be entered into with Denco Engineering Ltd., to carry out the design at an upset limit of $113,850.00. Aldermen Cummings and Sherat declared conflicts of interest because their employer has a business interest. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Cummings and Shetar abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen cowan, Hendershot, Hinsperger, Hopkins and Janvary. NAYE: Aldermen Campbell, craitor and err. MW-90-216 - Municipal Parking Committee - Re: Committee Report: School Crossing Guard Policy 1990-91 Economic Adjustment. The report recommends the following: 1) That the revised School crossing Guards Policy, Number 400.5 be approved; 2) That School Crossing Guard Supervisor - Appointment and Duties Procedure, Number 400.6 be declared redundant; and 3) That the pay for School Crossing Guards for the 1990-1991 school year be increased from $7.00 to $7.35 per hour, effective September 4, 1990, all be approved by Council. ORDERED on the motion of Alderman cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. MW-90-Sl9 - Municipal Parking committee - Re: recommends the following: committee Reports. The report - 6 - 1) Parking Restrictions - Various Locations - Parking Meter Installation D-n- Street - It is recommended that the by-law amending By-law 89-2000 (being a by- law to regulate parking and traffic on city roads), appearing later on in tonight's agenda, be approved. 2). Taxi Cab Zone Removal - Clifton Bill - It is recommended that the parking Committee's recommendation to remove the Taxi Cab Zone on Clifton Hill be referred to Regional Council for their approval. ORDERED on the motion of Alderman campbell, seconded by Alderman Cummings, that Recommendation No. I be tabled until after the next meeting of the Parking Committee meeting. Carried UnanimouslY- ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that Recommendation No. 2 be received and adopted, and referred to thee Region for approval. Carried Unanimously. MW-90-222 Chief Administrative Officer Re: By-law to Authorize the Reconstruction of Valley Way from Queen street to Huron Street, and Queen Street from Valley Way to Buckley Avenue. The report recommends the following: l) That Council hear any person who Claims that his/her land will be prejudiceally affected by the by-law appearing on tonight's Agenda, to authorize the above work; and 2) That, subject to there being no valid objections, the by-law representing the reconstruction of Valley Way from Queen Street to approximately Huron Street, and Queen Street from Valley Way to Buckley Avenue, be given three readings and be passed by council. the report be received and adopted. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that Carried Unanimously. see By-law NO. 90-239. MW-90-228 -Chief Aa-inlstratlve Officer - Re: Contract 90-108 - Reconstruction of Valley Way P.R.I.D.E. - Queen Street to Huron Street. The report recommends the following: l) 2) that the report be received and adopted. That the by-law appearing on tonight's agenda authorizing the temporary road closure of Valley Way, from Queen street to huron Street, from approximately October 9th, 1990 to November 16th, 1990, be passed; That the unit prices submitted by the low tendeter, Newcon Underground Services Inc., be accepted and that the contract be awarded to this firm subject (a) the above temporary road closure being approved. ORDERED on the motion of Alderman OrE, seconded by Alderman Mendershot, Carried UnanimousIv. See Resolution No. 70. See By-law No. 90-240, and By-law No. 90-241. MW-90-230 - Chief &4ministretive Officer - Res By-law 89-2000 Amendments - I. All Way Stop - MacDonald Avenue & Kitchener Street$ I. Parking Restrictions - Mountaingate Road (MW-90-125). The report recommends that the by-law amending By-law 89-2000 (being a by-law to regulate parking and traffic On City roads), appearing later on tonight's egenda, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman cummings, that the report be received and adopted. Carried UnanimousIv. 7 MW-90-235 - Chief Administrative Officer - Re: Subdivision Agreement for Drummond Park Village Ext. 5 Subdivision. The report recommends that the by- law On tonight's agenda authorizing the execution by the City for the Subdivision Agreement for the Drummond Park Village Ext. 5 Subdivision, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. carried Unanimously. See By-law No. 90-242. B-90-73 - Chief Administrative Officer - Re: Site Plan Approval - Proposed commercial & Residential Building; 6837 Thorold Stone Road; C. of A. 15/90 and C. of A. 72/90. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial and residential building, and the Site Services Plan and Site Drainage Plan being drawing Number 1, and the Landscape Plan being drawing Number 2 and filed with the Buildings and Inspections Department of the city of Niagara Falls on September 19, 1990, and that such approval be subject to the conditions enumerated in the report. Alderman Hopkins declared a conflict of interest because his employer has a business relationship in the area. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Craitort Cummings, Hendershot, Hinsperger, Orr and Sherat. NAYE: Alderman Janvary. Following a discussion, it was moved by Alderman Hendershot, seconded by Alderman Cowan, that the Director of Buildings and Inspections investigate the possibility of providing a more legible sketch reproduction for attachment to the site plan reports, with particular emphasis on the location of the property. Carried Unanimously. B-90-74 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Parking Lot Addition; 5293 Bridge Street; AM-35/90, By-law 90-155. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Parking Lot Addition, and the Site Plan being drawing Number A-l, and filed with the Buildings and Inspections Department of the city of Niagara Falls on June 29th, 1990, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Hopkins, Janvary, err and Sherat. HAYE: Acting Mayor Ward. cummings, Hendershot, Hinsperger, F-90-51 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $688,781.65 for the period ending September 24th, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on cheque No. 61779 because a member of his family is employed by the company. Additional information was provided on cheque No. 61911. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on cheque No. 61779 on a conflict of interest previously reaorded; and with all others voting in fayour. See By-law No. 90-243. - S- RESOLUTION No. 70 - ORR - HENDERSHOT - RESOLVED that the unit prices submitted by Newcon Underground Services Inc., for Contract 90-108 - Reconstruction of Valley Way, p.R.I.D.E. - Queen Street to Huron Street, be accepted at the low tendered amount of $316,009.40, subject to the temporary closing of Valley Way from Queen Street to Huron Street, from approximately October 9th, 1990 to November 16th, 1990; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time No. 90-238 - Withdrawn. No. 90-239 - A by-law to authorize road reconstruction of Queen Street from Valley Way to Buekley Avenue and Valley Way from Queen Street to approximately Huron Street. No. 90-240 - A by-law to temporarily close part of Valley Way from Queen Street to Huron street. No. 90-241 - A by-law to authorize the execution of an agreement with Newcon Underground Services for the reconstruction of Valley Way from Queen Street to Huron Street (P.R.I.D.E.)- No. 90-242 - A by-law to authorize the execution of subdivision agreement with Kenmore Homes (1987) Inc. and others respecting the Drummond Park Village (Extension No. 5) Plan of Subdivision. No. 90-243 - A by-law to provide monies for general purposes. No. 90-244 - A by-la~~' to authorize the execution of an agreement with Proctor & Redfern Limited for consulting services respecting the Montrose Business Park. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 90-243 on a conflict of interest previously recorded under Report No. F-90- 51; with Aldermen Cummings and Sherar abstaining from the vo~e on By-law No. 90- 244, on conflicts of interest previously recorded under Report No. MW-90-214; with Aldermen Campbell, Craitor and Orr voting contrary on By-law No. 90-244, as previously recorded under Report NO. MW-90-214; and with all others voting in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman cowan~ that the following by-laws be now read a second and third time: No. 90-238 -Withdrawn. No. 90-239 - A by-law to authorize road reconstruction Of Queen street from Valley Way to Huckley Avenue and Valley Way from Queen Street to approximately Huron street. No. 90-240 - A by-law to temporarily close part of Valley Way from Queen Street to Huron Street. No. 90-241 - A by-law to authorize the execution of an agreement with Newcon Underground Services for the reconstruction of Valley Way from Queen Street to Huron Street (P.R.I.D.E.}. No. 90-242 - A by-law to authorize the execution of subdivision agreement with Kenmore Homes (1987) Inc. and others respecting the Drummond Park Village (Extension No. 5) Plan of subdivision. - 9 - NO. 90-243 - A by-law to provide monies for general purposes. No. 90-244 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for consulting services respecting the Montrose Business Park. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 90-243 on a conflict of interest previously recorded; with Aldermen Cummings and Sherat abstaining from the vote on By-law No. 90-244, on conflicts of interest previously recorded; with Aldermen Campbell, craitor and Orr voting contrary on By-law No. 90-244 as previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF INTEREST~ Alderman C,,mmings - Acting Mayor Ward expressed pleasure in Alderman Cummings' return to the Council chambers. Aldermanic Appointment - Alderman craitor thanked Members of council for his appointment as Alderman to the Council of the City of Niagara Falls. Week-end Events - Kiwanis Duck Race, corporate Challenge, Mayor's Stomp - Members of Council discussed the above named events which had taken place during the past week-end. Alderman Hendershot asked that letters of appreciation be forwarded from Mayor Smeaton's office to H.A. "Mac" McClary, President of Stamford Kiwanis, and to Janie Stafford and her Committee. Cement Abutments - Arena Parking Lot - Alderman Cummings discussed his attendance at the opening game of Junior "A' hockey on September 22nd, 1990, and expressed concern regarding the cement abutments which had been placed in the Niagara Falls Memorial Arena Parking Lot. He requested a report from the Parking committee regarding this parking area. , , , , , It was moved by Alderman Cowan, seconded by Alderman Sherat, that the meeting adjourn. Carried Unanimously. READ AND ADOPTEDt ~ /ACK, DEPUTY CITY CLERK ' 'A~T ' MAYO~ 'BRUCE WARD THIRTY-FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room No. 1 October 1, 1990 council met on Monday, October 1, 1990, at 6:20 p.m., in committee of the Whole. All members of Council, with the exception of Alderman Puttick who was on vacation, and Alderman Hinsperger, were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, EoC. ~C~ ~GULAN MEETING Council chambers October 1, 1990 Council met on Monday, October 1, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Puttick who was on vacation, and Alderman Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cowan offered the Opening Prayer. WELCOME - NEW SOLICITOR His Worship Mayor Smeaton welcomed and introduced Mr. Ray Kallio, the new City Solicitor. AWARDS HiS Worship Mayor Smeaton displayed a Certificate of Recognition which had been presented by the Honourable John Sweeney, Minister of Municipal Affairs, to the City of Niagara Falls in appreciation of its 'outstanding contribution to Heritage Village". He and Alderman Janvary had received this Award, at the Regional Niagara Exhibition. His Worship Mayor Smeaton advised that Alderman Janvary had received an individual citation from the Minister, for her efforts. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the minutes of the meeting held September 24th, 1990, be adopted as printed. Carried Unanimously. DEPUTATION aNNUaL FOOD DRXVB - Ms. Roxanne Feliee, Project S.N.A.R.E., discussed the 1990 Food Drive scheduled for October 4th, 5th, and 6th, 1990, and distributed information and Food Drive Bags. - 2- UNFINISHED BUSINESS SITE pLANS - COUNCIL IrEPORTS - Report No. B-90-77 - Chief Administrative officer - Re: Site Plans - Council Reports (COUNCIL 1990 09 24). The report provides information regarding actions to be taken with respect to sketches attached to site plan reports for Council, and recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman cowan, that the report be received and adopted. Carried UnanimouslY. COMMUNICATIONS No. 300 - Joan Elanchard, Director public Awareness & Fundraising, AIDS COmmittee of Niagara - Re: proclamation. The communication asks Council to proclaim October 15th to 21st, 1990, as 'AIDS Awareness Week'. .ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the r~quest be approved subject to established policy. Carried UnanimouslY. No. 301 -Anne Ashdown, chairman, Niagara peninsula Division, Xndustrial Accident prevention Association - Re: proclamation. The communication requests Council to proclaim the week of November 4th, 1990, as 'Safety Week'. ORDERED on the motion of Alderman cummings, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried UnanimouslY. No. 302 - Lynda Bendry, Chairperson, Niagara Fails Block parents - Re= Flying of Flag. The communication requests permission to fly the Block Parent Flag at City Hall during Block parent Week, October 22nd to 28th, 1990, and for the month of october 1990, if possible. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that permission be granted to fly the flag for Block Parent Week. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Headershot, Mopkins, Janvary, err, Sherat and Ward. NAYE~ Alderman craitor. No. 303 - Marie Oalliera, Principal, Cardinal Newman School - Re: Sidewalks. The communication requests the construction of sidewalks for Watson Street. ORDERED on the motion of Alderman Ward, seconded by Aideman Sherat, that the communication be referred to Engineering Staff for consideration during the 1991 Budget deliberations- Carried UnanimouslY. No. 304 - Mountain Road Landfill public Liaison COmmittee - Re: Approved Minutes of the Mountain Road Landfill Public Liaison Committee. The communication attaches a Copy of the approved Minutes for August 15, 1990. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the oonununlcation be received and filed. Carried UnanimouslY. No. 305 (BaNDOUT) - Niagara District Airport COmmission - Re: Resolution/Control Tower. The communication asks Council to support a resolution to retain the services of a Control Tower at the airport. ORDERED on the motion of Alderman cummings, seconded by Alderman CoWan, that the resolution be endorsed. carried UnanimouslY. aa-90-ss - Chief Administrative Officer - Re: United Way Incentive Program for Civic Employees. The report recommends that Council approve two one-week vacations (5 days each) to be awarded to the winners of the city's 1990 United Way Xncentive Program draws. - 3 - ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. MW-90-229 - Chief Administrative Officer - Re: 1990 Capital Budget Storm Sewer and Complete Road Reconstruction Projects. The report recommends that the by- laws appearing on tonight's ageads be passed by Council. His Worship Mayor Smeaton advised that this report had been withdrawn from the agenda. MW-90-237 - Municipal Works COmmittee - Re: Committee Reports. The report recommends the following: 1) MW-90-225 - Waste Management Sub-Committee Report: Central temposting - It is recommended that Staff be instructed to prepare a request for proposals for the design, implementation and operation of a Municipally-owned Central Composting Facility, and to meet with the Ministry of the Environment and OMMRI concerning financial and technical assistance. 2) MW-90-227 - Leaf and Yard Waste Pickup - It is recommended that City Council receive and file the following report on the pickup of leaf and yard waste for compostlag. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. MW-90-238 - Municipal Works COmmittee - Re: Committee Report: Waste Management Sub-Committee Report: A Fairer Waste Collection and Disposal System. The report recommends the following; 1} That the concept of a sustainable waste management system be explored; 2} That the Ministry of the Environment and Ontario Multi-Material Recycling Inc. be approached concerning assistance toward implementing such a system; 3) That Staff be authorized to contact groups and individuals to explain and discuss the attributes of an alternate system; and 4) That a detailed plan be developed from this public dialogue for an initial small scale trial, a subsequent larger scale pilot, and a possible City-wide implementation for a self-funding, alternate waste collection and disposal system. Following a discussion, it was generally agreed that the recommendations be considered separately. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that Recommendation No. I be adopted as amended, to read: "That the concept of alternate waste management systems be explored. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Headershot, Hopkins, Janvary, err and Ward. NAYE: Aldermen craitor and Sherat. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that Recommendation No. 2 be adopted as amended, to read: "That the Ministry of the Environment and Ontario Multi-Material Recycling Inc. be approached concerning assistance toward implementing such systems". The motion carried with the following vetel AYE: Aldermen Campbell, Cowan, Cummings~ Headershot, Hopkins, Janvary, err and Ward. NAYE: Aldenmen craitor and sherat. ORDERED on the motion of Alderman Janvary, seconded by Alderman Headershot, that Reoommendation Nee. 3 and 4 be deferred for further direction and a Public Meeting. Carried Vnanimouslv. · . . . 4 -4 - MW-90-239 - Municipal Works Committee - Re= Committee Report: Expanding Membership on the Waste Management Sub-Committee to Include all Members of Council. The report recommends that membership on the Waste Management Sub- committee be expanded to include all Members of Council- ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the report be received and adopted. Carried UnanimouslY- MW-90-240 Chief Administrative officer Re: Subdivision Agreement for Westlane Court Subdivision. The report recommends that the by-law on tonight's agenda, authorizing the execution by the City of the Subdivision Agreement for the Westlane court Subdivision, be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimouslY- See By-law No. 90-256. MW-90-241 - chief Administrative Officer - Re= Street Lighting improvements. The report recommends that City Council pass an appropriate resolution to indicate to Ontario Hydro that the City of Niagara Falls will participate in all four years of their street light replacement subsidy program. ORDERED on the motion of Alderman err, seconded by Alderman Ward, that the report be received and adopted- Carried UnanimouslY. See Resolution No. 71. MW-90-242 - Chief Administrative Officer - Rez Community Mailboxes - Waters Avenue. The report attaches a communication from residents on Waters Avenue, requesting the relocation of the proposed mailbox, provides information with respect to action taken, and recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the report be received and adopted, and further, that a meeting be arranged with Canada Post by Mayor Smeaton#s office. Carried UnanimouslY. MW-90-243 - ChiefAdministratlve Officer - Re: Queen Street - parking/Standing/ Stopping Restrictions. The report recommends that the by-law amending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads), appearing later on tonight's agenda, be approved. ORDERED on the motion of Alderman campbell, seconded by Alderman err, that the report be received and adopted. carried UnanimouslY. ~ See By-law NO. 90-245. MW-90-2a4 - Chief ~lministrative Officer - Re= By-law 89-2000 Amendments. The report recommends that the by-law amending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads), appearing on tonight'8 agenda, be approved. During the discussion, Alderman Ward expressed concern regarding the parking situation at the south end of Buchanan Street, near Main Street and in front of the Cakes Inn. The Director of Municipal Works undertook to investigate and submit a report. ORDERED on the motion of Alderman err, seconded by Alderman CoWan, that the report .be received and adopted. Carried UnanimouslY, See By-law No· 90-246. - 5 - B-90-76 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Apartment Building~ West Side Meritrose Road, South of Chorozy Streetl AM-20/88, By-law 89-09, C. Of A. 85/90. The report recommends that the Council approve the site plan(s) On display at tonight's meeting, being a proposed 3 storey 18 unit apartment building, and the Site Plan being drawing Number A-l, and the Site Servicing Plan being drawing Number 90-052-S1 and filed with the Buildings and Inspections Department Of the City of Niagara Falls on September 26, 1990, and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. PD-90-133 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Alex Avenue, Lots 7 & 8, Plan M-179. The report recommends that the request from Brian Sinclair, on behalf of the owner, to exempt from Part Lot Control Lots 7 and 8, Registered Plan M-179, 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 Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 90-248. Community Resources Centre - Rat tomunity Resources Centre Policy Manual. The report recommends that City Council approve the attached revised Policy Manual for the Com~unity Resources Centre. ORDERED on the motion of alderman err, seconded by Alderman cummings, that the report be received and adopted· Carried UnanimousIv. , , , , 5 PD-90-134 - Chief Administrative Officer - Re: Niagara Escarpment Development Permit Application N/S/90-91/139, A1 & corine Giammattolo; Pine Tree village Mobile Home Park. The report recommends that the attached comments with respect to the above noted application be received and filed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Craitor, Cummings, Hendershot, Hopkins, Janvary, Sherat and Ward. NAYE; Aldermen Cowan and err. PD-90-135 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lot 51 Post Road, (59R-7168); Ascot Woods Extension No. 2, (Registered Plan M-124). The report recommends that the request from vince D'Amelio C.O.B. Riverview Homes (Niagara) to exempt Lot 51, 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 Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 90-247. PD-90-136 - Chief Administrative Officer - Re: Tourjam Master Plan Study: File OPR 90.02.04. The report recommends that the Mayor and city Clerk be authorized to enter into an agreement with the Ministry of Tourism & Recreation for financial assistance on the Tourjam Master Plan Study. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 90-255. 8-90-20 - 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 agenda to authorize an Application to a District Court Judge for the closing of that part of the City laneway shown as Part 5 on the attached Reference Plan 59R-6370 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. i above~ to cite Costs, in exchange for a conveyance from Mr. Costs to the City, of the land shown as Part I on Reference Plan 59R-6370 attached hereto, for the future widening of McGrail Avenue, is hereby approved and authorized. · 6 - 6- ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimouslY- See By-law No. 90-249, and By-law No. 90-250. F-90-52 - Chief Administrative Officer - Re: Municipal Accounts. The report recommende that the accounts totalling $13,013,014.66 for the period ending October 1, 1990, be approved by the passing of the by-law appearing later on the agenda. Aldermen Cummings and Sherat declared conflicts of interest on Cheque No. 62055 because their employer has a business interest- ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and adopted. The motion Cartie_ d with Aldermen cummings and S~erar abstaining from the vote on Cheque No. 62055, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 90-258. Verbal Report - Chief Administrative Officer - Re: OMB Hearing - Aiello Holding Ltd. The Chief Administrative Officer referred to the subject matter, which had been considered earlier this evening in Committee of the Whole, and advised that the appllcent's Solicitor had requested the withdrawal of the Application for Rezoning and By-law No. 89-228, at the OMB Hearing to be held October 4th, 1990- ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the City Solicitor be authorized to attend the OMB Hearing and request that the Application and By-law No. 89-228 be withdrawn- It was further recommended that the city Clerk apprise the objector of the decision to withdraw- Carried UnanimouslY- See Resolution No. 72. BR-90-26 (HANDOUT) - Chief Administrative Officer - Re: Appointment of Deputy Director of Parks & Recreation. The report, which had been considered earlier this evening in Committee of the Whole, recommends that Council pass the by-law appearing on tonight's Council meeting, confirming the appointment of Laura Graham as Deputy Director of Parks and Recreation 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 November 12, 1990. ORDERED on the motion of Alderman cummings, seconded by Alderman cowan, that the report be received and adopted. The motion Cartie__. d with the following votes AYE= Aldermen Campbell, cowan, Craitor, cummings, Mendershot, Hopkins, Janvary, Sherat and Ward. NAYEl Alderman err. See By-law NO, 90-259. pD-90-137 (~NI)OUT) - Chief Administrative Officer - Rel Ontario Hydro's Niagara River Hydroelectric Development Environmental Assessment- The report provides background information regarding the Terms of Reference with respect to the subject pro~eot, and recentsends that the information be received and filed by Council. Aldermen Cummings and sherat declared conflicts of interest because their employer has a business interest in the proJeoto ORDERED on the motion of Alderman Janvaryt seconded by Alderman Henderehot, that the report be received and adopted. The motion ~ with Aldermen cummings and sherat abstaining from the vote on conflicts of interest previously recorded, end with all others voting in fayour. RESOLUTIONS No. 71 - ORE - WARD - RESOLVED that the council of the City of Niagara Falls approve participation in a four year street light improvement program with Ontario Hydro, the cost of the program to be shared 75% by the city and 25% by Ontario Hydro; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 72 - CUB~4INGS - COWAN - WHEREAS a Hearing of the Ontario Municipal Board has been scheduled for october 4th, 1990, in the council Chambers, City of Niagara Falls; AND WHEREAS an Application for Rezoning and By-law No. 89-228, with respect to Lot 812 and Part of Lots 802 to 807, Plan 11, (Aiello Holding Ltd., AN-14/89), will be considered at the said Hearing of the Ontario Municipal Board; AND WHEREAS the applicant, through his Solicitor, has requested the City of Niagara Falls to withdraw the application at the said Hearing; THEREFORE BE IT RESOLVED that the City Solicitor be authorized to attend the said Hearing for the purpose of informing the Ontario Municipal Board that the applicant does not wish to proceed with the razesing as proposed in By-law No. 89-228; AND BE IT FURTHER RESOLVED that the City Clerk advise the objector of the intent of the City of Niagara Falls to withdraw the application; 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. 90-245 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping, Standing, Parking). No. 90-2t6 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking, Parking Meter, Stop Signs, Through Highways). No. 90-247 - A by-law to designate certain land not to be subject to part lot control. (Post Road). No. 90-248 - A by-law to designate certain land not to be subject to part lot control. (Alex Avenue). No. 90-249 - A by-law to authorize an application for the closing of part of the lane between Magdalen Street and Centre Street. (Costa). No. 90-250 - A by-law to authorize an exchange of land with Cite costs. No. 90-251 - A by-law respecting appointments to certain Boards, Commissions and committees. No. 90-252 - Withdrawn. No. 90-253 - Withdrawn. No. 90-254 - Withdrawn. NO· 90-255 - A by-law to authorize an agreement with the Minister of Tourjam and Recreation to provide financial assistance for the preparation of s Tourism Master Plan Study. So, 90-256 - A by-law to authorize the execution of a subdivision agreement with Pinewood Homes (Tara) Ltd. and others respecting the Westlane Court Plan of Subdivision. - 8 - No. 90-257 - A by-law to authorize the execution of an agreement with Laidlaw Environmental Services Ltd. No. 90-258 - A by-law to provide monies for general purposes- No. 90-259 - A by-law to provide for the appointment of a Municipal Official- (Deputy Director of Parks & Recreation)- The motion Cattle__ d with Aldermen Cummings and Sherat abstaining from the vote on By-law No. 90-258 on conflicts of interest previously recorded under Report No. F-90-52; with Alderman Orr voting contrary on By-law No. 90-259; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan; that the ~ollowing by-laws be now read a second and third No. 90-245 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on city Roads. (Stopping, Standing, parking). No. 90-246 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (parking, parking Meter, Stop Signs, Through Highways). No. 90-247 - A by-law to designate certain land not to be subject to part lot control. (Poet Road). No. 90-248 A by-law to designate certain land not to be subject to part lot - control- (Alex Avenue). No. 90-249 - A by-law to authorize an application for the closing of part of the lane between Magdalen Street and Centre Street- (Costa)- No. 90-250 A by-law to authorize an exchange of land with cite costa- - No. 90-251 - A by-law respecting appointments to certain Boards, Commissions and Committees. No. 90-252 - Withdrawn. NO. 90-253 - Withdrawn. No. 90-254 No. 90-255 No. 90-255 - Withdrawn· - A by-law to authorize an agreement with the Minister of Tourjam and Recreation to provide financial assistance for the preparation of a TourJam Master Plan Study· - A by-law to authorize the execution of a subdivision agreement with pinewood Homes (Tara) Ltd. and others respecting the Westlane Court Plan of Subdivision. No, 90-25~ - A by-law to authorize the execution of an agreement with Laidlaw Environmental Services Ltd. Me. 90-258 A by-law to provide monies for general purposes- Ng. 90-259 - A by-law to provide for the appointment of a Municipal Official. (Deputy Director of Parks & Recreation). The motion ~ with Aldermen cummings and Sherat abstaining from the vote on By-law No. 90-258 on conflicts of interest previously recorded; with Alderman Orr voting contrar~ on By-law No. 90-259; and with all others voting in fayour. - 9 - NEW BUSINESS ITEMS OF CONCERN: Stanley Avenue/Stamford Street - Traffic Hazard - Alderman Cummings referred to a traffic hazard at the above named intersection and the numerous accidents at this intersection. The matter was referred to Staff for investigation. cement Harriers - Niagara Falls Memorial Arena - Alderman Cummings discussed his previous request for the removal of the cement barriers from the parking lot at the Arena. ORDERED on the motion of Alderman cummings, seconded by Alderman Ward, that the barriers be removed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Shetar and Ward. NAYE: Alderman Hopkins. Cummings, Nendershot, Janvary, Orr, Handicapped Parking - city Hall - Alderman Cummings indicated the need for additional vehicular parking in front of City Hall. The matter was referred to Staff for resolution. Tree cutting - Palmar Avenue - Alderman Orr discussed the cutting of a mature tree on west side of Palmar Avenue, south of Jepeon Street. The Maintenance and operations Engineer undertook to investigate and report back to the Alderman. ITEMS OF INTEREST: Canadian Institute of Energy/symposium - In response to questions raised by Alderman Sherat, the Director of Municipal Works indicated that Staff would be in attendance at the '90 Annual Symposium at the Regal Constellation Hotel in Toronto. United Way campaign - Alderman Campbell encouraged participation in the program during the months of October and November. upcoming 1990 United Way Community Resources Centre - Alderman Janvary advised that the core Building Board was requesting a reduction of Council representatives on the Hoard, to two persons. she volunteered her resignation from the Board. ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the matter be tabled until Alderman Hinsperger was in attendance. The motion was Defeated with the following vote: AYE Aldermen traitor, Hendershot and Orr. NAYE: Aldermen Campbell, Cowan, Cummings, Hopkins, Janvary, Sherat and Ward. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that Alderman Janvary'e resignation from the core Building Board be accepted. Carried Unanimously. It was moved by Alderman Hendershot, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ ~d~D ADOPTED, THIRTY-FIFTH MEETING COMMITTEE OF THE WHOLE Co~unittee Room 1 October 15, 1990 Council met on Monday, October 15th, 1990, at 6:30 p.m., in Committee of the Whole. All members of council, with the exception of Alderman Hinsperger who was on vacation, were present. Alderman Sherar presided as Chairman. Following consideration of the items presented, the Committee Of the Whole arose without reporting. E. C. WAGG, CITY CLERK PLANNING/REGULAR MEETING Council Chambers October 15, 1990 Council met on Monday, October 15th, 1990, at 7:30 p.m., for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Minsperger who was on vacation, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer, a prayer by Peter Marshall. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman sherar, that the minutes of the meeting held October 1st, 1990, be adopted as printed. Carried Unanimousiv. PRESENTATION GEORGE ANSELL - His Worship Mayor Smeaton welcomed Mr. George Ansell to the Council meeting and presented him with a gift on behalf of the City. Mr. Ansell, who has artended council meetings regularly as an cheerrot, is moving his place of residence to Windsor, Ontario, to be near his family. WELCOME SACRED HEART SCHOOL TEACHERS & STUDENTS - His Worship Mayor Smeaton welcomed representatives of Sacred Heart School to the meeting. Messrs. G. Scaringi and Jim Nimeth, teachers, as well as students and parents were in attendance, one of the students being Lisa Quiquero, who was recently elected Mayor by her fellow students during a tour of City Hall. REPORTS - pLANNING MATTERS PD-90-138 Chief Administrative Officer - Rez Zoning By-law Amendment Application AM-24/90, F., J., T. and G. Gallo, 4315 Drummond Road. The report recommends the followingz 1} That Council support an amendment to the zoning of the property to add a retail store as a permitted use; - 2 - 2) That Staff be directed to prepare the amending by-law for enactment at a subsequent Council meeting; and 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - communication No. 306A - Regional Niagara planning & Development Department - Re: proposed Zoning By-law Amendment AM-24/90, Retail clothing Store, 4315 Drummond Road. The Communication advises that Regional Niagara planning & Development would have no objections to the proposed Zoning By-law Amendment. - ~ - Re: Communication No. 306B (HANDOUT) Regional public Works Department - proposed Zoning By-lawAmendment AM-24/90, Retail Clothing Store, 4315 Drummond Road. T~he~t~eatien advises that the Regional Public Works Department has no objections to amending the existing zoning by-law to permit an additional use of a ladies retail clothing store within the existing plaza. His Worship Mayor Smeaton declared the public Meeting open and explained the procedure to be followed under the planning Act, 1983. The clerk advised that the Notices of the public Hearing had been forwarded by first-class mail on September 14th, 1990, 31 days ago. His Worship Mayor Smeaton received indication that Mr. Brian Sinclair, Solicitor, was in attendance on behalf of the applicants; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the clerk prior to leaving the meeting- The Director of planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in Technical Report No. pD-90-132: Development proposal; official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification process; and planning Review. He recommended approval of the application. There was a negative response to Mayor Smeaton's request for comments from those in fayour of the application, ether than the applicant or their agent, and from those opposed to the application. Mr. Brian Sinclair advised that Raymond Steele, Martin & Sheppard, was acting on behalf of the applicants who wish to expand into a retailoperation to sustain a reasonable income- He expressed the opinion that the proposal would be successful and a real asset to Niagara Falls. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the report be received and adopted. Carried UnanimouslY.. DEPUTATIONS PROVINCIAL MINISTRY OFFICES - Communication NO. 307 - Margaret Herrington MPP, Mlnlstx7 ef Housing - Re: provincial concerns. The communication discusses the concerns and goals of the new NDP provincial Government. His Worship Mayor Smeaton welcomed Mrs. Margaret Herrington MPP to the meeting- Mrs. Herrington reviewed the concerns and goals of the new NDP Government, ~n terms of the proposed Ministry of Tourism & Recreation'e transfer to Niagara - 3 - Falls, the Provincial budget deficit, down-loading of expenditures from the province to the Municipalities, and the goal of a fair distribution of benefits to the whole Province. She advised that a Committee was being set up, involving Deputy Ministers and interested MPPe, to consider the proposed transfer of Ministry offices, with input from Municipal Councils. Mrs. Harrington stated that the Official Opening of the constituency office at 4582 Queen Street, Niagara Falls, was scheduled for October 27th, 1990, at 11:00 a.m. It was moved by Alderman Campbell, seconded by Alderman Hendershot, that a request be made for Council members to attend the Provincial sessions to consider the Ministry transfers. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cowan and Hendershot. NAYE: Aldermen Craitor, Cummings, Hopkins, Janvary, err, Ward. Puttick, Sherat and PROPOSED 60-UNIT SENIORS' APARTMENT/McLEOD ROAD/DEVELOpMENT CHARGES - Communication No. 308 - A. DiGiacomo, President, city of Niagara Falls Non-Profit Housing Corporation - Re: Proposed 60-unlt Seniors' Apartment, McLeod Rd., Development Charges Levied as Condition of Severance. The communication asks Council to waive the subject charges because of the need for social Housing and anticipated taxes for the City. His Worship Mayor Smeaton welcomed Mr. Alex Greaves to the meeting. Mr. Greaves addressed Council on behalf of Mr. DiGiacomo, explained the circumstances with respect to the 60-Unit Seniors' Apartment project, and asked Council to consider waiving the unexpected Development Charge of $45,600 and require instead the anticipated $18,000 fee. He referred to previous tax rebates from Municipalities on low-income housing, the cost of the two projects on the property, and estimated taxes for next year, as well as incentives allowed in other Municipalities. Mr. Greaves discussed the near completion of the first project on the property, the housing to be available for disabled persons in both projects, as well as the attitude of the Ministry of Housing, and stated that the Ministry would not give approval if the project was above a particular price range. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that the matter be tabled and referred to Staff for a report at the next meeting of Council. It was further recoaunended that the report include unit costs. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Puttick, Sherat and Ward. NAYE: Alderman Cummings. Headershot, Hopkins, Janvary, err, BUILDING PERMIT/BALMORAL COURT SUBDIVISION - Mr. Sam Cardamone, as developer of the Balmoral Court Subdivision, discussed the urgency of obtaining a building permit. He asked Council to approve the issuance of a building permit and stated that he would "take full responsibility for any damages that may be incurred". The Director of Buildings & Inspections referred to rezoning By-law 90-69 recently passed by Council for the subject property, which required that this plan be registered, and stated that the plan had not yet been registered, through no fault of this Municipality. Be advised that as soon as the plan was registered, a Building Permit could be issued. UNFINISHED BUSINESS Report Ns. MW-90-229 - chief Administrative Officer - Re: 1990 Capital Budget Storm Sewer and complete Road Reconstruction Projects (COUNCIL 1990 10 01). The report recommends that the by-laws appearing on tonight's ageads be passed by Council. - 4 - ORDERED on the motion of Alderman Ward, seconded by Alderman cowan, that the report be received and adopted. Carried UnanimouslY- See By-law No. 90-252, No 90-253 and No. 90-254. Report No. MW-90-256 - Chief Administrative Officer - Re: Niagara Falls Arena, parking Lot Barricades (COUNCIL 1990 09 24). The report provides information with regard to action taken and recommends that this report be received for the information of Council. During the discussion, Alderman Cummings requested a report on the operation Of this parking lot. ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimouslY. COMMUNICATIONS No. 309 - Wilhert N. Dick, Regional Chairman, The Regional Municipality of Niagara - Re: The Tender Fruit Industry in Niagara: Issues, Options and Conclusions. The communication attaches a Brief regarding the subject matter, and requests comments by November 30th, 1990. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the communication be referred to the planning Department for a report. Carried UnanimouslY. No. 310 - Raymond Lauze - Re: First Nations Rights. The communication requests Council to support a resolution asking the 'Federal Government to deal expeditiously, in a spirit of justice and respect for our First Nations, with all land claims and other matters in order to reach final hencurable agreements'- ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that a resolution be approved. Carried UnanimouslY- See Resolution No. 73. No. 311 - Regional Niagara Clerk - Re: G.S.T. Exemption on provision of Hydro- electric power & Other Home Beating Fuels. The communication asks Council to support a resolution to the Minister of Revenue for G.S.T. exemptions on the subject services. ORDERED on the motion of Alderman Cummings, seconded by A~derman Janvary, that the resolution be supported. Carried UnanimouslY- Ns. 312 - City of North York - Re: Federal Government - Goods & services Tax. The communication attaches and requests support of a resolution to the Federal Government opposing implementation of the GST at this time. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the resolution of North York be supported. Carried Unanimously. No. 313 -K ares Foote, Dr. Fingland Regional Day Care centre - Re: proclamation. The communication invites Council to the Open Bouse on October 24th, 1990, and asks Council to proclaim the week of October 21st to 27th, 1990, as 'Week of the Child'. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummihgs, that the request be approved subject to established policy. Carried UnanimouslY. No. 314 - Arturo Tridico, Canadian Representative, calabro Canadian Federation - Rez Convention & Financial Request. The communication advises that Nlagara Falls has been chosen as the site of the convention being held October 19th to 21st, 1990, and requests financial assistance. (Attached is a response from Mayor Smeaton advising that the request would be considered at the Council meeting on October 15th, 1990). - 8 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the services of the Mayor's office and Recreation Department be offered, and further, that the Federation be advised that monies are not available within the budget to henour the request for monetary assistance. Carried Unanimously. No. 315 - Jeannine Dancy, CCA Director, CJRN 710, Regional Niagara Re: proclamation. The communication asks Council to proclaim october 31st, 1990, as 'Community Club Awards Day'. ORDERED on the motion of Alderman Campbell, seconded by Alderman Puttick, that the request be supported, and further, that additional information with respect to funding particulars be requested. Carried Unanimouslv. No. 316 - B. Russell, Secretary, Niagara South Condo Corp. #16 - Re: Response to Garbage Pick-up Request. The communication refers to a previous request for garbage pick-up, attaches statements for 1988, 1989 and 1990, and requests reimbursement in the amount of $7480.80, as well as continuation of reimbursement subject to an equitable solution Of the problem. ORDERED on the motion of Alderman Janvary, seconded by Alderman Puttick, that a communication be forwarded to the Condo corporation from the Mayor's office, advising that council has no legal authority to supply a rebate, that the matter of garbage collection was being considered, and when the problem is resolved the Corporation would be notified. carried Unanimously. No. 317 - B. Lake, Co-chairman, Fort Erie - Port Colborne Board of Management - Re: Waste Management Master Plan Study. The communication advises of five candidate site areas for further investigation as potential landfill sites. (Attached is a response from the Director of Municipal Works}. During the discussion, the Director of Municlpal Works stated that council would be advised when a response to his comments was received. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the con~unication be received and filed. carried Unanimously. REPORTS B-90-78 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for September 1990. The report provides information regarding Permits Issued and Bigblights for September 1990, as well as October Proposals; and recommends that the report be received and filed. ORDERED on the motion of Alderman cummings, seconded by Alderman Sherat, that the report be received and adopted. carried UnanimousIv. n e Th eport recommend2 that a Consulting Services Agreement be entered into with Acres n erna ona Ltd. to carry out the design works at an upset limit of $10,300.00 and that oune 1 approve the by-law appearing on tonight's agenda authorizing the execution of the Agreement. Aldermen cummings and Sherat declared conflicts of interest because they are employed with Acres. I t i ti C i ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and adopted. The motion Cart ed with Aldermen Cummings and Sherat abstaining from the vote on a Conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, craitor, Bendershot, Hopkins, Janvary and Ward. NAYE: Aldermen Campbell, err and Puttick. See By-law No. 90-263. CD-90-58 - Chief Administrative Officer - Re: Enoroachments at 4098 Hickson Avenue. The report recommends that the application to permit the continuation of encroachments of a building upon the Hickson Avenue road allowance be approved - 6 - subject to established policy, and the necessary by-law be enacted by the City council. Alderman Hopkins declared a conflict of interest because a member of his family is involved. ORDERED on the motion of Alderman Cu~unings, seconded by Alderman Ward, that the report be received and adopted- The motion Cattle__ d with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. C-90-12 - Chief Administrative Officer - Re: Amending Subdivision Agreement for Mount Forest phase IV Subdivision (Scholfield Road) to allow a Building permit for One Lot prior to Completion of Acoustic Fence. The report recommends that Council approve the by-law listed on the Council Agenda which authorizes an amendment to the Subdivision to allow the issuance of a Building permit for Lot 9 (Registered plan 59M-146) subject to the conditions enumerated in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-261- F-90-53 - Finance Committee - Re: Committee Reports. The Finance Committee recommends the following: 1) Town of Oander, Newfoundland, Request for Financial Assistance for .,Samaritan place" - It is recommended that the information be received for information purposes- 2) "Mothers Against Drunk Drivers" (M.A.D.D.) Request for Donation - It is recommended that the information be received for information purposes. 3) Niagara Falls Humane Society Financial Statements - It is recommended that the information be received for information purposes. 4) FC-90-18 - 1990 statements of Expenditure & Revenue - It is recommended that the report be received and adopted. 5) MW-90-245 - Development Charges Study Update - It is recommended that the report be received and adopted. ORDERED on the motion of Alderman Hendershot, seconded ~y Alderman Ward, that the report be received and adopted. Carried UnanimouslY. See By-law No. 90-259A. F-90-54 - chief Administrative officer - Re~ Municipal Accounts. The report recommends that the accounts totalling 85,867,505.73 for the period ending October 15th, 1990, be approved by the passing of the by-law appearing later on the Agenda. Additional information was provided on Cheque No. 62158, Showmobile Rental for Canada Day. ORDERED on the motion of Alderman cummings, seconded by Alderman Janvary, that Staff submit a report regarding the costs of purchasing a Showmobile for the City of Niagara Falls. Carried UnanimouslY. Additional information was provided On Cheque Nos. 62143, 62150, 62369, and 62384, and further information was requested by Alderman Orr On Cheque No. 62238. Aideman puttick requested that Cheque Nos. 62150, 62283 and 62301 regarding Canadian Bar Association memberships be held for further information. ORDERED on the motion of Alderman Sherat, seconded by Alderman cowan, that the report be received and adopted, with the exception of Cheque Nos. 62150, 62283 and 62301. carried UnanimouslY. See By-law No.. 90-262. - 7 - F-90-55 - Chief Administrative Officer - Re: 1990 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 amounte set out in the attached schedule. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimouslV~ See Resolution No. 74. CD-90-63 - Chief Administrative Officer - Re: Appointment to Niagara Falls Public Library Board. The report recommends that Council consider the attached applications and appoint a member to the Niagara Falls Public Library Board. Subsequent to two secret ballots, the following persons had received tie votes: Christopher J. Biasucci, Paul J. Brennan, Stan Connots and Catherine Kidd. ORDERED On the motion of Alderman Campbell, seconded by Alderman Hendershot, thai an appointee be selected by lottery. The motion Carried with the following vote: AYE: Aldermen campbell, cowan, Hendershot, Hopkins, Janvary, Orr, Sherat and Ward. NAYE: Aldermen Craitor, cummings and Puttick. The names of all four persons were placed on individual and indentically sized pieces of paper, and following the drawing, Christopher J. Biasucci was selected for appointment to the Niagara Falls Public Library Board. RESOLUTIONS No. 73 - HOPKINS - J~a~VARY - RESOLVED that the Council of the City of Niagara Falls urge the Federal Government to deal expeditiously, in a spirit of justice and respect for our First Nations, with ALL land claims and other matters in order to reach final honourable agreements; AND BE IT FURTHER RESOLVED that copies of the resolution be sent to the Prime Minister, the Member of Parliament for Niagara Falls and the Minister of Indian and Northern Affairs; AND the Seal of the corporation be hereto affixed. Carried Unanimously. No. 74 - C~B~INGS - rENDERSHOT - 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.H. BY-LAW NUMBER 85-220 E851502 85-216 E861500 88-271 E881549 90-08 E900042 89-152 E8900705 87-245 E871489 86-221 E851503 87-251 E871491 84-291 E850022 FINANCING REQUEST TERM RETIREMENT 440,000 400.000 350.000 350000 190000 145.000 145.000 135000 10 years 10 years 10 years 10 years 10 years 10 years 10 years 10 years 10 years $2,290,000 AND the Seal of the Corporation be hereto affixed· Carried Unanimously. - 8 - By-LAWS ORDERED on the motion of Alderman Hopkins, seconded by Alderman cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-252 - A by-law to authorize the installation of storm sewermains including catchbasins as an improvement and extension to the sewage system in the Urban Service Areas of the city. Ne. 90-253 - A by-law to authorize the installation of storm sewermains including catchbasins as an improvement and extension to the sewage system in the Urban Service Areas of the City- NO. 90-254 - A by-law to authorize the rehabilitation of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers, watermaine and services as required together with all related appurtenances as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 90-260 - A by-law to authorize the execution of an agreement with Dense Engineering Ltd. (Montrose Business park; Report MW-90-220 approved by Council September 24, 1990)- Me. 90-261 - A by-law to authorize the execution of an amending agreement with 734679 Ontario Limited and ethers respecting Mount Forest Phase 4 plan of subdivision- No. 90-262 - A by-law to provide monies for general purposes. No. 9S-263 - A by-law to authorize an agreement with Acres international Limited. (Warren Creek/Montrose Business Park). Ne. 9S-264- A by-law to authorize the execution of an agreement with philips planning and Engineering Limited (Development Charges Study). The motion Carrie__d with Aldermen Cummings and Sherat abstaining from the vote on By-law Nee. 90-260 and 90-263, on conflicts of interest previously recorded under Report Nee. MW-90-220 and MW-90-251; with Aldermen Campbell, err and puttick voting contrary on By-law No. 90-260; with exceptions on By-law No. 90- 262, as indicated under Report NO. F-90-54; and with all others voting in fayour. / ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the following by-laws be now read a second and third time: Me. 90-252 - A by-law to authorize the installation of storm sewermains including catchbasins as an improvement and extension to the sewage system in the Urban Service Areas of the city. Me. 90-253 - A by-law to authorize the installation of storm sewermains including catchbasins as an improvement and extension to the sewage system in the Urban Service Areas of the City. Me. 90-254 - A by-law to authorize the rehabilitation Of the roads On certain streets and storm sewer installation, repairs or replacement of sanitary sewers, watermaine and services as required together with all related appurtenances as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 90-260 - A by-law to authorize the execution of an agreement with Dense Engineering Ltd. (Mentress Business Park; Report MW-90-220 approved by Council September 24, 1990). No. 90-261 - A by-law to authorize the execution of an amending agreement with 734679 Ontario Limited and others respecting Mount Forest Phase 4 plan of subdivision. . 9 - 9 - No. 90-2S2 - A by-law to provide monies for general purposes. No. 90-263 - A by-law to authorize an agreement with Acres International Limited. (Warren Creek/Montrose Business Park). No. 90-264 - A by-law to authorize the execution of an agreement with Philips Planning and Engineering Limited (Development Charges Study). The motion Carried with Aldermen Cummings and Sherar abstaining from the vote on By-law Nos. 90-260 and 90-263, on conflicts of interest previously recorded; with Aldermen C~mpbell, err and Puttick voting contrary on By-law No. 90-260; with exceptions on By-law No. 90-262, as previously recorded; and with all others voting in favo~r~~',- NEW BUSINESS ITEMS OF CONCERN: Professional Association Membership Dues - Alderman err requested a report regarding the costs involved, in each Department of the City, for paid memberships in Professional Associations. Low Lift PUmping Station - ORDERED on the motion of Alderman Sherar, seconded by Alderman Ward, that a letter be forwarded to the Regional Municipality requesting a status report on the Low Lift Pumping Station. carried Unanimously. Designated Parking for City Employees - Alderman err referred to contacts she had received regarding designated parking spaces for City employees on city-owned land, and the monetary benefits incurred. Staff Attendance/Council Meetings - ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the Chief Administrative Officer be directed to set a policy requiring that all Department Beads attend Council Meetings in the chambers, and when unable to do so, that the Deputy Department Meads attend. Carried Unanimously. Hours of Work/Employees - Alderman Puttick discussed the off-time taken by Department Heads and Deputies, and expressed the opinion that alternate noon hours should be taken in order to have a senior Staff person in each office between 8:30 a.m. and 4:30 p.m. It was agreed that this item would be referred to at the upcoming Staff/Council discussions. ITEMS OF INTEREST: Tissue Donor Memorial - Fairview Cemetery - His Worship Mayor Smeaton advised that the Dedication ceremony for the Tissue Donor Memorial will be held at Fairview Cemetery on October 17th, 1990, at 3:00 Parking 8pace for Mandicapped Persons - Alderman Cummings expressed appreciation to Staff for the additional parking space for handicapped persons in front Of Gold's Variety Store on Queen Street. Waste Management sub-committee Meeting - Alderman Hendershot referred to his inability to attend the upcoming Waste Management Sub-committee Meeting. It was generally agreed that the meeting would be deferred until a poll of Council Members had been taken in order to determine a more convenient date. - 10 - It was moved by Alderman Mendershot, seconded by Alderman Cummings, that the meeting adjourn. Carried UnanimouslY. READ AND ADOPTED, THIRTY-SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 October 22, 1990 Council met on Monday, October 22nd, 1990, at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Shetar presided as Chairman. Following consideration of the items presented, the committee of the Whole arose without reporting. READ AND ADOPTED, TC PT I E Pd~GULAR MEETING Council Chambers October 22, 1990 council met on Monday, October 22nd, 1990, 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 err, seconded by Alderman Cowan, that the minutes of the meeting held October 15th, 1990, be adopted as printed. Carried Unanimously. PRESENTATIONS NIAGAI~s· FA,~S LAWN BOWLING CLUB AWARDS - His Worship Mayor Smeaton congratulated and presented Recognition Awards to the following: Omar Ivanovski, David Houtby, Men's Doubles-Ontario and Canadian National Doubles Champions; and to Gary Kosinsky, Jerry Stadnyk, Don Beaupit and Bill Falconer, the Men's Fours-Ontario Gold Medal and Canadian National Bronze Medal Winners. GPJd~T8 REVIEW ORGANIZATIONS - HiS Worship Mayor Smeaton congratulated and presented Recognition Certificates to representatives acting on behalf of the following organizations: Alderman Kim Craitor for the Niagara Falls and District Labor Council Charitable Foundation; Clarence Adsfrom, Chippaws Lions Club; Bruno Casagrande, Italo Canadian Centennial Club; Bob Wilson and Mike Kempseer, Fallsview Hose Brigade; Leo Burger, Canadian Corps; Betty Bedard, Canadian Corps Ladies Auxiliary; Ken Prohaszka and Mary McKeag, Chippaws Volunteer Fire Department; Joe Brugman, Stamford Centre Volunteer Firemens' Association; and Harry Plas, Knights of Columbus, in acknowledgment of their contribution in assisting the Municipality in funding various community service projects during 1990. DEPUTATIONS NIAGARA FALLS ECONOMXC DEVELOPMENT AGENCY - Comaunieation No. 318 - Wendy cansvan, Economic Development Officer, Niagara Falls Economic Development Agency - met Allanbridge Manufacturing Ltd. The communication requests permission to address Council and introduce the principals of Allanbridge Manufacturing Ltd., a furniture manufacturing company which has recently telcoated its operation in Niagara Falls. - 2 - MS. Canavan introduced T.J- Ledoux, Chief Executive officer; Mrs. B. Ledoux, Designer; and Mrs. Margaret Allan, president; of Allanbridge Manufacturing'Ltd-, a furniture manufacturing firm. Mr. T.J. Ledoux reviewed information from a handout brief in terms of the company#s facility at 4431 Victoria Avenue, Niagara Falls, as well as their activities and goals, and discussed the projected number of employees-' His Worship Mayor Smeaton congratulated the company and wished them success in their endearours'- It was agreed that the Alderman Ward°s Verbal Report of Niagara Falls Economic Development Agency - Activity Report, under Miscellaneous Matters on the Agenda, should be brought forward. Alderman Ward discussed the currently operating ae well as anticipated companies indicated in the Activity Report, and referred to the 92 pre%8~t~9~.~°PPOr~unities as well as the future possibility of over 1,000 jo~e. ~3RDERED on the motion Of Alderman Ward, seconded by Alderman Cowan, that the communication and report be received and filed. Carried UnanimousIv. COMMUNICATION Me. 319 - City of Etebicske - Re: Waterfront plan & the Crombie commission Report on the Future of the Toronto Waterfront. The communication requests support of the City of Etobicoke's concerns regarding the recommendations set forth in the Crombie Commiesion Report. During the discussion it was suggested that the Government's recommendations should be supported- ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be received and filed. Carried UnanimouslY- REPORTS pD-90-142 - Hnvirommentel planning & GreeningCommittee - Re: The Greening Plan for the City of Niagara Falls. The report recommends the following: 1) That Council consider a slide presentation at ite October 22nd, 1990 meeting regarding the Greening Plan; 2) That Council adopt the Greening Plan as Council policy; and 3) That copies of the plan be sent to individuals, groups and agencies that participated in its preparation and in particular ~o Ontario Hydro, the Recreation Commission, the Ministry of Natural Resources, the Niagara Falls Nature Club and the Niagara Falls Horticultural Society. Mr. Robert Sones, and Ms. Gretchen de Boer, former city employees, reviewed the Greening Plan with the assistance of a slide presentation. Mayor Smeaton expressed appreciation to these former members of City Staff for their efforts. During the discussion, it was suggested that environmental concerns regarding the new Ontario Sydro project be referred to the November 24th, 1990, meeting for discussion. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimouslY. The matter of a tax rebate for woodlot properties was discussed. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hopkins, that the matter be referred to Staff for investigation and report. carried UnanimouslY.. pD-90-141 - Chief Administrative Officer - Rez Request for Building permit, Parts I to 4 inclusive, Reference Plan 59R-6827, Beck Rd. (Bast Side), south o~ Bosseft Rd. (Kathleen Henry). The report recommends the followings !) That the request for · Building Permit Zor Parts I and 2 of Plan 59R-6827 be approved, subject to the followings 3 (a) Letter of Opinion to be provided from the applicant's Solicitor, regarding good and marketable title; (b) An agreement being entered into with the owners of the subject lot, relative to the city's requirements; and (c) The required approvals and permits from those agencies referenced below, be obtained prior to issuing Building Permits. 2) That Parts 3 and 4 merge; and 3) That the Clerk's Department advise the applicant of Council's decision. - AND - COmmunication No. 320 (HANDOUT) Kathleen Henry Re: PD-90-141. The communication asks that this matter be tabled until Brian Sinclair, the applicant's Solicitor, returns from vacation. There was a negative response to Mayor Smeaton'e request for comments from persons present. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be tabled. Carried Unanimously. PD-90-143 - Downtown Revitalization Committee - Re: 1990-91 PRIDE Program, Municipal Financial Contribution. The report recommends the following: 1) That the City contribute a total of $292,500.00 towards the cost of the 1990- 91 PRIDE project; and 2) That the Steering Committee proceed on making schedule changes to the Community Improvement Plan as required by the Province. ORDERED On the motion of Alderman err, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously_. Following a discussion regarding the condition of properties in the downtown area, it was moved by Alderman Ward, seconded by Alderman Hendershot, that Staff be directed to submit a report regarding the status of the King Edward Hotel, and the possibility of acquiring the Roeberg property. The motion was Defeated with the following vote: AYE: Aldermen Hendershot, err and Ward. NAYE: Aldermen Campbell, cowan, craitor, Cummings, Hinsperger, Hopkins, Janvary, Puttick and Sherat. MW-90-257 - Chief Administrative Officer - Re: 1990 capital Budget Project - Complete Road Rehabilitation including Water & Sewer Improvements on Ellen Avenue and Magdalen Street. The report recommends that the by-law appearing on tonight's Agenda be passed by Council. ORDERED On the motion of Alderman cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimouslv~ See By-law No. 90-266. MW-9~-2~8 - chief Administrative O~ficer - Rez Regional Niagara's Request for Permanent Easements for'Regional Sewermains and Forcemain in connection with the Kslar Road Pumping Station & Regional Watermain along the N.S. & T. The report recommends that Council pass the by-law appearing on tonight's Agenda authorizing the city to transfer permanent easements to Regional Niagara as requested. Alderman cummings declared a conflict of interest because he is owner of the adjacent lands. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Shetar, that the report be received and adopted. The motion carrle__d with Alderman cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. See By-law No. 90-265. MW-90-260 - Chief Administrative Officer - Re: Contract 90-10 1990 Tree planting program. The report recommends that the unit prices submitted by Greenwood Nursery be accepted and that this contract be awarded. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the report be received and adopted- Carried UnanimouslY- B-90-80 - chief Administrative officer - Rez Boat Ramp Sodom Road - parking Lot. The report recommends that Council award the construction of the Boat Ramp Sodom ~Road-Parking Lot to Niagara Excavation and Construction for the tendered price Of 867,527.51 subject to entering into a satisfactory agreement and producing all necessary bonds, insurances and other required documents prior to commencing any on-site works. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY- CD-90-60 - Chief Administrative Officer - Re= proposed Plan of Subdivision - 'The Katherine Plan*; File No. 26T-89039; Owner= Katharina Mikulcic & 642217 Ontario Ltd. (Mr. Herman Damore). The report recommends that The Katharina Plan of Subdivision be approved subject to the conditions enumerated in this report. Mr. Herman Demote was in attendance, and expressed acceptance of the conditions in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted- Carried Unanimously. CD-90-61 - Chief Administrative Officer - Re= proposed Plan of Subdivision - *Mullet Industrial Park'l File No. 26T-90003; Owner~ Henry Mullet, et al. The report recommends the following= 1) That the Mullet Estates plan of Subdivision be approved subject to the conditions enumerated in this report; 2) That staff initiate discussions with Ontario Hydro concerning the timing of the construction of a bridge across the Canal for the purpose of providing an alternative road access from the west to serve this neighbourhood. Alderman Ward declared a conflict of interest because he has a business relationship with the applicant- Mr. Henry Mullet expressed concerns with the 29 conditions enumerated in the report, and in particular with 8 alleged unexpected conditions, i.e., Noe. 4, 7, 10, 11, 12, 13, 22 and 23. He suggested that the City could *get tough with developers and new industries at the cost of chasing them away*, or *attract new industry*. He introduced Mr. George Wagoneer, Of Martin Engineering, and requested that the matter be tabled for further discussion. The Chief Administrative Officer advised that the conditions included in the report were the recommendations of the Engineering and other City Departments, and according to the policy of Council. He further advised that this was the policy which had been followed by this MuniciPalitY in every subdivision which the report be tabled and referred to Staff for further negotiations end report. had been processed. ORDERED on the motion of Aldermen Hopkins, sesonded by Aldermen Hendershot, that The motion f~ with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. - 5 - CD-90-62 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - · Greenway Estates', File No. 26T-90002; Owner: 6661 Montrose Road Property Inc. (Mr. Sam Pingue, President). The report recommends that the Greenway Estates plan of Subdivision be approved subject to the conditions enumerated in this report. The Developer was in attendance and expressed agreement with the conditions in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. carried Unanimously. F-90-56 - Chief Administrative Officer - Re: Municipal Accounts. The report reconunends that the accounts totalling $1,957,058.25 for the period ending October 22nd, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 62478 and 62479 because a member of his family is employed with the company. He declared a conflict of interest on Cheque No. 62572 because he is a member of the Board of Directors. ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the report be received and adopted. The motion carried with Alderman Hinsperger abstaining from the vote on conflicts of interest and for reasons previously recorded; and with all others voting in fayour. See By-law No. 90-269. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-265 - A by-law to authorize the execution of an easement and conveyance of road widenings in fayour of The Regional Municipality of Niagara. No. 90-266 - A by-law to authorize the rehabilitation of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers, watermains and services as required together with all related appurtenances and engineering services as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Ellen Avenue and Magdalen Street). No. 90-267 - A by-law to authorize the execution of an agreement with Peter Ales carrying on business as Greenwood Nursery for the 1990 tree planting programme. No. 90-268 - A by-law to amend By-law No. 89-01 as amended, providing for appointments to certain Boards, Commissions and committees. (christopher Biasucci to Library Board). No. 90-269 - To provide monies for general purposes. · The n~.tion Carried with Alderman Cummings abstaining from the vote on By-law No. 90-~65 on · conflict of interest previously recorded under Report No. MW-90-258; with'XrdermKh'~n~perger abstaining from the vote on By-law No. 90-269 on conflicts of interest previously recorded under Report No. F-90-56; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the following by-laws be now read a second and third time, 90-265 - A by-law to authorize the execution of an easement and conveyance of road widenings in fayour of The Regional Municipality of Niagara. 90-266 - - 6 - A by-law to authorize the rehabilitation of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers, watermains and services as required together with all related appurtenances and engineering services as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 90-267 - A by-law to authorize the execution of an agreement with peter Aleo carrying on business as Greenwood Nursery for the 1990 tree planting programme- No. 90-268'- A by-law to amend By-law No. 89-01 as amended, providing for appointments to certain Boards, Commissions and Committees- No. 90-269 - To provide monies for general purposes. T~e motion Cattle__ d with Alderman Cummings abstaining from the vote on By-law No. 90-265 on a Conflict of interest previously recorded; with Alderman Hinsperger abstaining from the vote on By-law No. 90-269 on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCERN: LOw Lift pumping Station - Alderman Hopkins referred to the request made at a previous Council meeting, for an update from the Regional Municipality of Niagara with respect to the low lift pumping station. Mayor Smeaton asked that a report and the correspondence in this regard be submitted to Council for the record- construction Material/Park xnn, Ferr~ Street - Alderman Hopkins referred to the cessation of construction at the Park Inn, and to the building material which had been placed on Summer Street. He asked that this construction material be removed from the roadway. Board of Education/Budget ' Alderman puttick referred to the Board of Education budget, and discussed the cost savings which could be attained by reducing the number of students using school buses. Alderman puttick stated that he would be writing the province with respect to this matter. , · · · It was moved by Alderman Cummings, seconded by Alderman Hopkins, that the meeting adjourn. Carried UnanimouslY. · ' ~ S. SMEA~UON THIRTY-SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 October 29, 1990 Council met On Monday, October 29th, 1990, at 7:00 p.m., in committee of the Whole. All members of Council were present. Alderman Cowan presided as chairman- Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, S.C. Council considering regular business. All members of Council were present. Mayor Smeaton presided as Chairman. REGULAR MEETING Council Chambers October 29, 1990 met on Monday, October 29th at 7:30 p.m., for the purpose of His Worship Alderman err offered the Opening prayer. ADOPTION OF MINUTES Alderman Puttick referred to the minutes of the Council meeting held October 22nd, 1990, under New Business, Board Of Education/Budget- He advised that he had written Premier Bob Rae with the suggestion for cost savings in terms of a decreased number of Grade 9 - 12 students using school buses, and had requested a meeting with the premier of Ontario to discuss this matter. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the minutes of the meeting held October 22nd, 1990, be adopted as printed. Carried Unanimously. pRESENTATION TBEFIREHALLTHEATRE - HiS Worship Mayor Smeaton displayed an Award which had been received by him on behalf of the Council of the City of Niagara Falls, as the Guardian Angel of the Fireball Theatre, 'In Appreciation of their support of Community Theatre in The City of Niagara Falls'. The Award had been presented to him, on october 25th, 1990 at the Firehall Theatre. DEPUTATION ~OOE8 & SERVICE8 TAX - Communication No. 321 - Ted Krasowski - Re: 6oods & Services Tax. The communication requests permission to address Council regarding opposition to the Federal G.S.T. ~ on behalf of a group of concerned citizens. Mr. Krasewski addressed Council, on behalf of concerned citizens in Niagara Falls, regarding the Federal Goverement's proposed implementation of the Goods and Services Tax. He stated that meet people in the city were opposed to the G.S.T. ~ and that the group he represented were distributing antl-G.S.T. buttons throughout the City of Niagara Falls. Mr. Krasowski presented these buttons to members of Council and Staff. - 2 - During the discussion, the vote cast by 'some 1500 people expressing their displeasure' with the G.S.T., on April 8, 1990, was referred to, as well as some activities and services which would be affected by the tax. ORDERED on the motion of Aldermen Craitor, seconded by Alderman Cummings, that a resolution, opposing the Goods and Services Tax, be forwarded to the Right Ronourable M. Brian Muirshay- The motion Carrie___ d with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, err, puttick and Ward. NAYE: Alderman Sherat- See Resolution No. 75. '~ UNFINISHED BUSINESS ..~.,, .. A~CC0UNTS By-LAW INQUIRY - S-90-21 - Chief Administrative Officer - Re: Accounts By-law Inquiry (COUNCIL 1990 10 15)- The report provides information regarding three specific cheques to the Law Society of Upper Canada representing fees, and recommends that Council receive and file this report for information- ORDERED on the motion of Alderman puttick, seconded by Alderman Cummings, that the report be received and adopted- Carried UnanimouslY. pROPOSED pLAN OF SUBDIVISION '*MUILER INDUSTRIAL pARK" 26T-90003 ' Report No. MW-90-265 - Chief Administrative Officer - Re: proposed plan of Subdivision -Mullet Industrial Park', File No. 26T-90003; Owner: Henry Mullet et al (COUNCIL 1990 10 22)- The report provides information regarding the procedure followed by the Municipality prior to approval on all subdivision applications, and recommends that the report be received and filed- Alderman Ward declared a conflict of interest because he has a business relationshiP- ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hopkins, that the report be received and adopted. The motion Cattle___ d with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. REQUEST FOR INFORMATION ON CHARGES FOR WATS LINE - Report No. C-90-15 - Chief Administrative officer - Re: Request for Information on charges for Wars Line. The report provides a summary of monthly charges for the Wats line from December to July, as requested, and recommends that the information contained in this report be received and filed. Alderman Hinsperger declared a conflict of interest because a member of hie family is employed by the company- ORDERED on the motion of Alderman Ward, seconded by Alderman cummings, that the report be received and adopted. The motion carrie__ d with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. COMMUNICATIONS No. 322 - city of Welland - Rez Federal Goods & Services Tax. The Communication requests Council's support of a resolution opposing the G.S.T., support of the Region in its request for exemption from the G.S.T. on the provision of hydro- electric power and other home-heating fuels, and opposition to the advertising campaign by the Federal Government to promote the G.S.T. 'ORDERED on the motion of Alderman Cowan, seconded by Alderman Hopkins, that the Communication be received and filed. The motion ~ with the following voter - 3 - AYE: Aldermen Cowan, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, err, Shetar and Ward. NAYE: Aldermen Campbell, Craitor and Puttick. No. 323 - Ministry of the Environment - Re: Application N/A/89-90/352 - T.G. Bright & Co. Ltd. The communication confirms the decision of the Niagara Escarpment Commission to approve the application and denies the city's right to appeal. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Hopkins, Janvary, err, Sherat and Ward. NAYE: Alderman puttick. Hendershot, Hinsperger, No. 324 - The Optimist club - Re: proclamation. The communication asks Council to proclaim the week of November llth to 17th, 1990, as 'Youth Appreciation Week'. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried UnaE .REPORTS CD-90-64 - Chief Administrative Officer - Re: proposed Plan of Condominium Subdivision - "Walnut Grove Estates", File No. 26-CD-90013; Owner: 842720 Ontario Ltd., c/o Harrison Homes, St. Catharines. The report recommends that the City Clerk be authorized to process the Application for the Walnut Grove Estates Condominium Subdivision and that a report be prepared for Council's further consideration of the plan based on technical information received, public input, etc. Hie Worship Mayor Smeaton explained the traditional procedure taken at the Public Meeting for proposed subdivision plans in this Municipality- Alderman Hopkins declared a conflict of interest because his employer has a business relationship. Mr. Fred Paul, Hynde Paul Associates, discussed the 18 unit condominium complex which is proposed for the 2.08 acre parcel on the west side of portage Road, north of Morrison Street and south of the railway track. He referred to Zoning By-law No. 87-55 which was passed on March 30, 1987, as well as site plan approval and the Site Plan Agreement- Mr. Paul urged Council to approve the application. There was a negative response to Mayor Smeaton's request for comments from persons present. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, 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. CD-90-65 - chief Administrative Officer - Re: proposed plan of Subdivision - "Belleview Estates Plan 2', File No. 26T-90014; Owner: 800460 Ontario Ltd., C/o Darel Properties (1987) Inc. The report recommends that the City Clerk be authorized to process the Application for the Belleview Estates Plan 2 Subdivision and that a report be prepared for Council's further consideration of the plan based on technical information received, public input, etc. His Worship Mayor Smeaton advised that the same procedure would be followed as in the previous application. Mr. Eric Henry discussed the proposed subdivision, located west of Paddock Trail end east of Kalar Road, which would contain 13 additional 40' lots for single family use. He asked Council to approve the processing of this application. . . . . 4 8_ - 4 - There was a negative response to Mayor Smeaton's request for comments from interested persons present- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the report be received and adopted. carried UnanimouslY. MW-90-253 - Chief Administrative officer - Re: parking Restrictions - O'Neil Street, Dorchester Road to portage Road/St- Paul Avenue. The report recommends the following= 1) That parking be restricted on the south side of O'Neil Street from Dorchester Road to portage Road/St- Paul Avenue; and 2) That the by-law amending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads), appearing later on tonight's agenda, be approved. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, hat the report be tabled to allow the residents an opportunity to be informed and provide comments respecting the parking restrictions- Carried UnanimouslY. See By-law No. 90-270. F-90-S7 - Chief Administrative Officer - Re: Municipal Accounts- The report recommends that the accounts totalling $759,044.86 for the period ending October 29th, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on cheque No. 62666 because he is the payee. Alderman Rinsperger declared a confliet of interest on Cheque No. 62654 because a member of his family is employed by the company. Aldermen Cummings and Sherat declared conflicts of interest on Cheque Nee- 62720, 62734, 62735, and 62736 because their employer is involved. Additional information was provided on cheque No. 62758, blinds for the Solicitor's office and a report was requested- Further information was requested by Alderman Sherat on Cheque No. 62748- ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. The motion Cattle__ d with Aldermen Campbell, Hinsperger, Cummings and Sherat abstaining from the vote o~ conflicts of interest previously recorded, on Cheque Nee- 62666, 62654, 62720; 62734, 62735 and 62736 respectivelY; with Aldermen err and puttick voting contrary on Cheque Nos. 62720, 62734, 62736 and 62762; and with all others voting in fayour. See By-law No. 90-272. HR-90-27 (HANDOUT) - Chief A~ministretive Officer - Re~ Contract Extension Compensation Administrator. The report, which was considered earlier this evening in committee of the Whole, recommends that city council extend the Contract of the compensation Administrator for s twelve month period beginning January 1, 1991, based on an annual salary of $51,776.00 with the right of the City to cancel the contract at any time prior to term upon giving six (6) month's notice and to extend the contract for an additional six (6} months. ORDERED on the motion of Alderman Cummings, seconded by Alderman H~ndershot, that the report be received and adopted. Carried UnanimouslY. MW-90-269 (HANDOUT) . aunieips% Works Committee - Rel Committee Reports Removal/Installation Fuel Tanks & Pumps, Government Regulation by December 31, 1990. The report, which was considered earlier this evening In Municipal Works Committee# recommends that Staff be authorized to enter into an agreement with S · H Maintenance to install/remove underground fuel oil storage tanks end pumps 'st the 8outh End Depot, Municipal Service Centre and Lundy's Lane Cemetery for the total sum of $42,800.00 including all necessary material, labour and all necessary taxes, . 5 - 5 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. carried UnanimousIv. RESOLUTION No. 75 - CEAITOR - CUIgIINGS - RESOLVED that the Council of the city of Niagara Falls officially advise The Right Hencurable M. Srian Moirenay, the Prime Minister of Canada, that the City is opposed to the implementation of the proposed Goods and Services Tax (G.S.T.}; AND the Seal of the corporation be hereto affixed. The motion Carried with Alderman Sherar voting contrary, and with all others voting in fayour. BY-LAWS ORDERED on the motion of Alderman Cummings , seconded by Alderman Cowan, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 90-190 - A by-law to alter the boundaries of the Urban service Area of the City. (Cornwill Inv. Ltd., Prinzen, Reports Approved by Council: PD-90-97 June 11/90; PD-90-121 July 30/90; and CD-90-46 Aug. 13/90). Miss Jean Grandoni, 4810 Garner Road, expressed her concerns to Council with respect to the proposed alteration of the boundaries in the Urban Service Area, distributed and referred to excerpts from a Regional Niagara Report dated November 29, 1989, DPD 2619, and evidence from the OMB Hearing of February 9, 1979. she stated that the City was required to conform to the Regional Policy Plan to retain the agricultural status of the subject lands 'until a need is proven'. During the discussion it was pointed out that the City Engineering and Planning Departments had recommended approval, and it had been the decision of Council to adopt the recommendation of Staff. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Puttick, Sherat, Ward and Mayor Smeaton. NAYE: Aldermen Craitor, Hopkins and err. Hinsperger, Janvary, ORDERED On the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-law be now read a second and third time: NO. 90-190 - A by-law to alter the boundaries of the Urban Service Area of the City. The motion Carried with the following vote: AYE~ Aldermen Campbell, Cowan, Cummings, Hendershot, Puttick, Sherat, Ward and Mayor Smeaton. NAYS: Aldermen Craitor# Hopkins and err. Hinsperger, Janvary, 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. 90-270 -Withdrawn. No. 90-271 - A by-law to authorize the execution of an agreement with Niagara Excavation and Construction inc.(Sodom Road Marine Parking Lot approved by Council 1990 10 22}. No, ~0-272 - A ~y-law to provide monies for general purposes. ? '~'."'~'~'~'~ .... ' .... 6 - 6 - The motion cattle____ d with Aldermen Campbell, Binsperger, Cummings and Shetar abstaining from the vote on By-law No. 90-272 on conflicts of interest previously recorded under Report No. F-90-57; with Aldermen err and puttlck voting contrary on By-law No. 90-272 as previously recorded under Report No. F-90-57; 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: He. 90-270 -Withdrawn- No. 90-271 - A by-law to authorize the execution of an agreement with Niagara Excavation and Construction Inc. No. 90-272 - A by-law to provide monies for general purposes- ~he motion Carrie__ d with Aldermen campbell, Hinsperger, Cummings and Sherat abstaining from the vote on By-law No. 90-272 on conflicts of interest previously recorded; with Aldermen Orr and puttick voting contrary on By-law He. 90-272 as previously recorded; and with all others voting in fayour- NEW BUSINESS Bandshell/Cummington Square - Alderman Ward requested information regarding the removal and reinstallation of the partitions on the bandshell at Cummington Square during the Remembrance Day service. The Deputy Director of Buildings & inspections advised that the matter was being resolved- Selection Method for App~intsents - Alderman Hendershot expressed concern regarding the method of selecting appointees to Boards, Committees and Commissions, and the recent method taken of a lottery. The Clerk explained that the Municipal Elections Act authorized a selection by lot in the event of an unbreakable tie vote. He requested that alternative methods be investigated, and other Municipalities contacted- Arena parkingLet/Operation ' Alderman Cummings reiterated hie previous request for a report from the Municipal parking committee regarding the operation of the N.F. Memorial Arena parking lot. He requested that information regarding expanding the handicapped parking at the Arena be included in the report- ~ Construction/LundY's Lane & Mentress Read - His Worship Mayor Smeaton referred to the Handout Memo in the addendum package regarding the construction at Lundy'e Lane and Montrose Road. The Deputy Director of Buildings & Inspections stated that the matter would be investigated tomorrow and required action taken. Chlppawa Business association - Alderman Ward advised that a letter had been submitted to the Clerk's office from the Chippawa Business Association, requesting permission to install Christmas lights at Cummington Square. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the request be approved- Carried UnanimouslY. It was moved by Alderman Hendershot, seconded by Alderman Janvaryt that the meeting adjourn. Carried UnanimouslY. SMEATON THIRTY-EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room 2 November 5, 1990 Council met on Monday, November 5th, 1990, at 7:00 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman err who was ill, were present. Alderman Cowan presided as chairman. Following consideration of the items presented, the committee of the Whole arose without reporting. READ AND ADO D, E.C. WAGG, CITY CLERK SMEATON REGULAR MEETING Council Chambers November 5, 1990 Council met on Monday, November 5th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman err who was ill, were present. His Worship Mayor Smeaton presided as Chairman. Alderman puttick offered the Opening Prayer. ADOPTION OF MINUTES Alderman Ward asked that Page 3 of the minutes of the meeting held October 29th, 1990, Report CD-90-64, be amended to read" Mr. Fred Paul, Hynde Paul Associates". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherat, that the minutes Of the meeting held October 29, 1990, be adopted as amended. Carried Unanimousiv. WELCOME 25TH NIAGARA SCOUT TROOP - His Worship Mayor Smeaton welcomed Scout Leaders, David Askeland, Ron Calabrese, and Mike Devost, and Boy Scouts of the 25th Niagara Scout Troop (Mudson's Bay Company and North-West Company Divisions) to the meeting- UNFINISHED BUSINESS NIAGARA NORTH WASTE MANAGEMENT CLUB - Raperr No. MW-90-2S7 - chief A~ministrative Officer - Re: Niagara North Waste Management club - Agreements & Advertising for Public Liaison Committee Members. The report recommends the following: 1) That the by-law, appearing later on the Council Agenda, which authorizes execution of the Master plan/Board of Management Agreement between the four local Municipality Club Members (St. Catharines, Thorold, Niagara-on-the- Lake, Niagara Fells), be approved; 2) That the by-law, appearing later on the Council Agenda, which authorizes execution of the Municipal/Regional Administrative Agreement between the four Club Members and the Region, be approved; and 3) That authorization be granted to advertise for Niagara Palls' two Members of the Public Liaison Committee for the Master Plan Study. - 2- ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY- See By-law No. 90-280, and By-law No. 90-281. COMMUNICATIONS No. 325 - City of Orillia - Re: Shelters & Mental Health Clinics. The communication requests support of a resolution urging the provincial and Federal Governments to increase funding for shelters and mental health clinics and undertake public education that physically, sexually or mentally abusing women is not acceptable behaviour and is punishable by law. ORDERED on the motion of Alderman Campbell, seconded by Alderman Shetar, that the communication be received and the resolution supported. The motion carried with ~he f~lowing vote: ~YE: Aldermen campbell, cowan, craitor, Mendershot, Binsperger, Hopkins, Janvary, puttick, Shetar and Ward. NAYE: Alderman Cummings. No. 326 - Town of pelham - Re: False Alarm Callouts. The communication requests support of a resolution asking the Association of Municipalities (AMO) to seek legislation from the province of Ontario to allow for the licensing and control of fire, intrusion and other alarms intended to cause a response from fire and police departments. ORDERED on the motion of Alderman cummings, seconded by Alderman Minsperger, that the communication be referred to Staff. Carried UnanimouslY. No. 327 - Stamford Centre Volunteer Flremen's Association - Re: Garbage Pick- up System. The communication expresses Concerns with the proposal of the Municipal Works Committee and Council to implement a new system of garbage pick- up involving the "User Pay" system. Alderman Cummings declared a conflict of interest because he is a member of the Association. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the communication be referred to the Waste Management Sub-committee- The motion CartleT_ d with Alderman cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in layout- No. 328 - project S.H.A.R.E. - Re: Fall Food Drive. The communication expresses appreciation for the use of the city van, and the location of city Ha~.i as a drop-off point during the recent Fall Food Drive- ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried UnanimouslY, No. 329 - City of Thorold - Re: Federal Government Bill C-62, proposed Goods & Services Tax (G.S.T.). The communication requests endorsement of the following resolutions: (1) asking the provincial Government to increase unconditional and conditional grants to the City of Thorold to offset the financial burden caused by the impact of the G.S.T.; and (2) asking that cemetery charges and services be considered Zero-rated supplies and receive full input tax credits for G.S.T. paid. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the oommunieation be received and filed. The motion~arrJa~'with the following vote: AYES Aldermen Campbell, Cowan, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. HAYESAlderman oraltar. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the request for similar resolutions be approved, with the name of the City of Nlegara Falls and the local Membere of parliament substituted on the resolution. The motion~j~with the following votes .... 3 - 3 - AYE: Aldermen Campbell, Craitor, Cummings, Janvary and Puttick. NAYE Aldermen Cowan, Shetar and Ward. Hendershot, Hinsperger, Hopkins, See Resolution No. 76, and Resolution No. 77. No. 330 - Regency Hockey Club - Re: 9th Annual Regency Hockey Tournament - November 29 to December 2, 1990, Stamford/Jack Bell and Niagara Falls Arenas. The communication requests a Special occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that Council indicate it has no objection to the issuance of a special occasion Permit to the Regency Hockey Club, in conjunction with the 9th Annual Regency Hockey Tournament to be held November 29th, and 30th, 1990, and December 1st and end, 1990, at the Stamford, Jack Bell and Niagara Falls Memorial 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. REPORTS B-90-81 - Chief Administrative Officer - Re: Chippawa Revitalization Strategy Study. The report recommends that Proctor and Redfern Limited be awarded the contract to undertake the chippawa Revitalization Strategy Study, at a cost of $19,762.50. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY. B-90-82 - Chief Administrative Officer - Re: Ontario Hydra Energy Efficient Lighting Program. The report recommends that council authorize participation in the Energy Efficient Lighting program, which is being offered by ontario Hydra, thereby allowing Staff to proceed with relamping the interior of City Hall. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that the report be received and adopted. Carried Unanimously. MW-90-271 - Chief Administrative Officer - Re: Contract 90-15, Tender for the Supply of Services for Snowplowing of parking Lots. The report recommends the following: 1) That Dominion Paving Company be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 1; 2) That Ken Warden Construction be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 2; 3) That Sacco Construction be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 3; and 4) That the by-law appearing on tonight's Council agenda be given the necessary readings to authorize the execution of the tender for the supply of services for snowplowing of parking lots in Area 1, Area 2 and Area 3. ORDERED on the motion of Alderman puttick, seconded by Alderman Hinsperger, that the report be received and adopted. carried Unan!mouslv. See Resolution NO. 78_. See By-law No. 90-284. MW-90-272 - Municipal Works Committee - Re: Committee Report: City Initiated Local improvement Works for Duke Avenue, Arthur Street, Marden Drive and Cropp Street. 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 road improvements, and curbs and gutters on the following groups of streets: . . . , 4 - I -4 - (a) Arthur Street, Morden Drive and Duke Avenue; (b) Cropp Street; and 2) That financing for curb and gutter improvements on Cropp Street be considered for inclusion in the 1991 Capital Budget, in the estimated amount of $100,000.O0- ORDEPaD on the motion of Alderman puttick, seconded by Alderman Minsperger, that the report be received and adopted. Carried UnanimouslY. See Resolution No. 79. MW-90-273 - Municipal Works committee - Re: Committee Reports. The report recommends the following: '~1) MW-90-252 - January - September 1990 construction Status Report - It is recommended that the construction status reports, as presented at the Municipal Works Committee, be received and filed for information- 2) MW-90-259 - Santa Claus parade - Sunday, November 25, 1990 - It is recommended that the 6th Annual Santa Claus parade, scheduled for Sunday, November 25, 1990, be approved subject to the following conditions: (i) That the event meet all requirements from all other authorities; (ii) That a copy of one million dollar ($1,000,000-00) liability insurance, indicating coverage for the city of Niagara Falls, be presented to City Staff prior to the event- 3) MW-90-263 - Capacity UpSfading of Low Lift pumping Station in Chippaws - It is recommended that correspondence received from the Region regarding the "best projection" completion date noted as November 1990 for the Region's capacity upgrading of the Low Lift pumping Station in chippaws, be received and filed for information. 4) MW-90-26~ - Winter control - Rental Equipment Tender - It is recommended that tenders received from: (i) Modern crane for one (1) 4-wheel front end loader, (ii) Modern White Lines Ltd- for one (1) 4-wheel drive front end loader, (ill)MontgomerY Bros- Construction for two (2) 4-wheel drive front end loaders and one (1) truck plow and wing, for the purpose of snow removal during the 1990-1991 Winter Season be accepted at rental rates per hour as shown on the tender summary sheet- ORDERED On the motion of Alderman puttick, seconded by Alderman Hinsperger, that the report be received end adopted. Carried UnanimouslY- F-90-58 - Finance committee - Re: Committee Reports- The report recommends the followingz 1) Niagara Falls Humane Society Financial Statements for September 1990 - It is recommended that the report be received for informational purposes; 2) FC-90-20 - Memberships & Associations - It is recommended that the report be received for informa~ional purpoees; 3) FC-90-19 - 1990 Tender for Gasoline end Diesel Fuel - It is recommended that the report be approved. ORDERED on the motion of Alderman Cummings, e~conded by Alderman Hlnsperger,that the report be received and adopted. Carried Unanimouslv~ - 5 - F-90-59 - Chief Administrative Officer - Re: Municipal Accounts. The Deputy Director of Finance advised that the recommendation in the report had been amended to read "that the accounts totalling $1,217,131.21 for the period ending November 5, 1990 be approved by the passing of the by-law appearing later on the agenda"- Alderman Hinsperger declared a conflict of interest on Cheque Nee. 62872 and 62873 because a member of his family is employed by the company. Additional information was provided for cheque Nos. 62846, 62868 and 63008. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the amended report be received and adopted. The motion carried with Alderman Binsperger abstaining from the vote on a conflict of interest previously recorded; and with all others voting in fayour. see By-law No. 90-283. CD-90-67 - Chief Administrative officer - Re: Falls View Business Improvement Area. The report recommends that council pass the by-law appearing on this evening's agenda, to designate the Falls View Business Improvement Area, and pass an appropriate by-law at a future meeting to appoint members to a Board of Management. ORDERED on the motion of Alderman campbell, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 90-279. C-90-17 - chief Administrative Officer - Re: Capital Expenditure By-law - Library Expansion. The report recommends that City Council give first and second reading to the by-law appearing on tonight's ageadd, approving an application of the Niagara Falls Public Library Board for the issue of debentures in the amount of one million dollars. His Worship Mayor Smeaton welcomed Mr. Carmen Dix, president of the Library Board; Miss Dorothy Van Slyke, Chief Librarian; Joe Longo, Assistant, and hie son Daniel to the meeting. Miss Van Slyke responded to questions raised, explaining the need for expansion and inviting members of Council to visit the Library. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that the report be received and adopted. Carried U~aanimouelv. See By-law No. 90-273. S-90-17 - Chief Administrative Officer Re: The Municipal Freedom of Information and Protection of Privacy Act, 1989. The report recommends that the City council Of the City of Niagara Falls pass by-laws in regards to the f el lowinS ~ 1) Designating the Mayor as "Head of the Institution" for the purposes of the Municipal Freedom of Information & protection of Privacy Act, 1989, in accordance with section 3 (1) of the Act; 2) Delegating the administrative powers and duties of the head to the Clerk, who will serve as the Freedom of Information Co-ordinator, and who will work in consultation with the C.A.O. and appropriate members of the Senior Management Team in responding to requests made under the Act; 3) Approving the attached administrative policies and procedures for the processing of requests for information made under the Act; 4) Establishing a fee schedule in accordance with section 45 of the Act and in sompliance with Ontario Regulation 517/90; 5) That official status be granted to the Co-ordinarieS Committee to ensure the development of procedures pertaining to the Act, the creation of the necessary booklets for public information, and to conduct training sessions for Staff. - 6- ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted- Carried UnanimouslY- See By-law No. 90-282. RESOLUTIONS No. 76 - CRAITOR - CAMPBEI2~ - RESOLVED that the Council of the City of Niagara Falls approach the provincial Government, to increase its unconditional and conditional grants to the City of Niagara Falls, to offset the financial burden caused by the net impact of the Goods and Services Tax; AND the Seal of the Corporation be hereto affixed- The motion Carrie__ d with Aldermen Cowan, Sherat and Ward voting contrary, and with all others voting in favour- ~No. 77 - CRAITOR - C~MPB~T'T' ' RESOLVED that the Council of the City of Niagara Falls request that all cemetery charges and earvices be considered Zero-rated supplied (i.e., 0% G.S.T-) so that no G.S.T. applies and so that full input tax credits are available for G.S.T- paid on all inputs used in the provision of these services; AND BE IT FURTHER RESOLVED that the following be so notified: Rob Nicholson, M.P-; The Ronourable Michael H. Wilson, Minister of Finance; Margaret Barrington, M.P.P-; the Association of Municipalities of Ontario, and all Regional councils; AND the Seal of the Corporation be hereto affixed- The motion Cattle___ d with Aldermen Cowan, Sherat and Ward voting contrary, and with all others voting in favour. No. 78 - pUTTICK - HINEPERGER - RESOLVED that the tenders submitted by the following, for contract 90-15 - Tender for the Supply of Services for Snowplowing of parking Lots, be approved, in the amounts listed on the attached summary: 1) Dominion paving Company be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 1; 2) Ken Warden Construction be awarded the contr=ct {or the supply of services for snowplowing of parking lots designated in Area 2; 3) Sacco Construction be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 3; and 4) The by-law appearing on tonight's Council agenda be glven the necessary reading to authorize the execution of the tender for the supply of services for snowplowing of parking lots in Area 1, Area 2 and Area 3; AND the Seal of the Corporation be hereto affixed· carried UnanimouslY. No. 79 - pU~TXCK - BXNSPERGER -RESOLVED that the council of the City of Niagara Falls approve the followingz 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 and gutters on the following groups of streetsz. (a) Arthur street, Morden Drive and Duke Avenue - (b) cropp Street; 2) That financing for curb and gutter improvements on Cropp Street be considered for inclusion in the 1991 Capital Budget in the estimated amount of $100,000.001 AND the Seal of the Corporation be hereto affixed. Carried UnanimouslY. - 7 - ORDERED on the motion of Alderman cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first and second time: NO · 90-273 -A by-law to approve an application of The Niagara Falls Public Library Board for the issue of debentures in the principle amount of $1,000,000.00. 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. 90-274 - A by-law to amend By-law NO. 79-200, as amended. (AM-21/90 876929 876930 Ontario Ltd., John Morley, Pt. Twp. Lot 170, N/S McLeod Rd.; Report PD-90-128 approved by Council Aug. 27/90). NO. 90-275 - 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, 1989. (AM-21/90, 876929 Ontario Ltd.). No. 9S-276 - No. 90-277 - No. 90-278 No. 90-279 No. 90-280 No. 90-281 No. 90-282 No. 90-283 No. 90-28~ A by-law to amend By-law NO. 79-200, as amended. (AM-20/90 charles & Lucille Royer, N/W Corner Zimmerman & Huron St.; Report PD-90- 118 approved by Council July 23/90). 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, 1989. (AM-20/90 - Royer). - A by-law to amend By-law No. 79-200, as amended. (AM-12/90 Cornwill Investments Ltd., prinzen, W/S Kalar Rd.; Report pD-90-97 approved by Council June 11/90). - A by-law to designate an area as an Improvement Area and to establish for such area a Board of Management. - A by-law to authorize the execution of an agreement respecting the Niagara North Waste Management Club for a Master plan/Board of Management. - A by-law to authorize the execution of a Municipal/Regional Administrative Agreement respecting the Niagara North Waste Management Club. - A by-law to designate a head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and protection of Privacy Act, 1989. - A by-law to provide monies for general purposes. - A by-law to authorize the execution of agreement with Larosa & Cattle Enterprises Ltd., carrying on business as Dominion Paving Company~ Ken Warden construction Ltd. and Sacco construction Limited for snowplowing. The motion carried with Alderman Hopkins voting contrary on By-law No. 90-278; with Aldermen Binsperger abstaining from the vote on By-law No. 90-283 on a conflict of interest previously recorded under Report No. F-90-59; 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 timez - 8 - No. 90-274 - A by-law to amend By-law No. 79-200, as amended. (AM-21/90 876929 876930 Ontario Ltd.) No. 90-275 - 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, 1989. (AM-21/90, 876929 Ontario Ltd.)- No. 90-276 - A by-law to amend By-law No. 79-200, as amended- (AM-20/90 Charles & Lucllle Royer.) No. 90-277 - 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, 1989. (AM-20/90 - Royer)- No. 90-278 - A by-law to amend By-law No. 79-200, as amended- (AM-12/90 Cornwill Investments Ltd., prinzen). No. 90-279 - A by-law to designate an area as an Improvement Area and to establish for such area a Board of Management. No. 90-280 - A by-law to authorize the execution of an agreement respecting the Niagara North Waste Management club for a Master plan/Board of Management. No. 90-281 - A by-law to authorize the execution of a Municipal/Regional Administrative Agreement respecting the Niagara North Waste Management club. No. 90-282 - A by-law to designate a head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and protection of privacy Act, 1989. No. 90-283 - A by-law to provide monies for general purposes. No. 90-284 - A by-law to authorize the execution of agreement with Larosa & Cartie Enterprises Ltd., carrying on business as Dominion paving Company, Ken Warden Construction Ltd. and Sacco Construction Limited for snowplowing. The motion Cattle___ d with Alderman Hopkins voting contrary on By-law No. 90-278; with Alderman Minsperger abstaining from the vote on By-law No. 90-283 on a conflict of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF INTEREBTt Announcements - His Worship Mayor Smeaton advised that Matthews & cameron would be moving into the former Toronto Dominion building on Queen street, and welcomed the firm to the downtown core. Renevations - Firestone Building - His Worship Mayor Smeaton referred to the renovations taking place at the former Firestone Building on Victoria Avenue. Crime prevention Week - His Worship Mayor Smeaton referred to the upcoming Crime prevention Week and the .posted notice in this regard. - 9 - Remembrance Day - His Worship Mayor Smeaton referred to the Remembrance Day Service on Sunday, November 11th, 1990, and invited members of council to attend. Buildings - Queen street - Alderman Cummings referred to the bank on the corner of Queen street and Ontario Avenue, to the relocation of the Ministry of Tourism in this City, and the desirability of the City amassing properties in the downtown area. parking - Niagara Falls Arena - Alderman Cununings referred to the anticipated report regarding parking at the Niagara Falls Arena, and expressed appreciation with respect to the 4 additional parking spaces for the vehicles of handicapped persons in the parking lot. ITEMS OF CONCERN: School Buses - Alderman Puttick discussed the letter he had forwarded to Premier Bob Rae, the exorbitant cost of busing children to school. Aldermen Headershot and Janvary declared conflicts of interest because they are employed by the Niagara South Board of Education. Alderman Campbell declared a conflict of interest because his wife is employed by the Board. ORDERED on the motion Of Alderman Puttick, seconded by Alderman Shetar, that Council request a meeting with the Niagara South Board of Education and the Welland County Roman Catholic Separate School Board, to express Council's concerns regarding transportation and budget costs. The motion Carried with Aldermen Campbell, Headershot and Janvary abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, Craitor, Hinaperger, Hopkins, puttick, Shetar and Ward. NAYE: Alderman Cummings. Regional Niagara public Works Department/Water & Sewage Report - Alderman Hopkins referred to the handout communication from the Regional Niagara Public Works Department monthly report for Water and Sewage, and the lack of a precipitation report for the City of Niagara Falls. The Deputy Director of Municipal Works advised that a centralized computer system would be in operation in January 1991, and information would be available to the Region. , , , , , It was moved by Alderman Ward, seconded by Alderman Sherat, that the meeting adjourn. Carried Unanimously. THIRTY-NINTH MEETING REGULAR/PLANNING MEETING Council Chambers November 12, 1990 Council met on Monday, November 12th, 1990, 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 Craitor 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 November 5th, 1990, be adopted as printed. carried Unanimously. UNFINISHED BUSINESS pROPOSED N~T,IpORT - 7527 STANLEY AVENUE - RESOLUTION - His Worship Mayor Smeaton brought forward the Resolution on the proposed heliport, and advised that Arie Breed, President of Can-Du Air Ltd, had requested that this matter be deferred for one month. During the discussion, Mayor Smeaton stated that Mr. Breed had been asked to submit a written proposal, and further, that a second advertisement in the local newspaper was not necessary. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the resolution be deferred one week. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, craitor, Cummings, Hinsperger, Hopkins, Janvary, err, puttick, Sherat and Ward. NAYS: Alderman Mendershot. REPORTS - pLANNING MATTERS PD-90-150 - Chief Administrative Officer - Re: Zoning AmendmentApplicationAM- 29/90, Pinewood Homes (Tara) Ltd., Westlane Court Plan Of Subdivision, Part Of Township Lot 140. The report recommends the following: 1) That Council support the Zoning By-law Amendment for the Westlane Court plan of subdivision and pass the amending by-law; 2) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 331 - Regional Niagara planuing & Development Department - Re: Proposed Zoning By-law Amendment AM-29/90, Westlane Court Plan of Subdivision, Ethel Street and Andrea Drive. The communication indicates that the Regional Planning and Public Works Departments do not object to this proposal. Hie Worship Mayor Smeaton declared the public Meeting open and explained the procedure to be followed under the planning Act, 1983. The Deputy clerk advised that the Notices of the public Meeting had been forwarded by prepaid first-class mail on October 12th, 1990. Mie Worship Mayor Smeaton received indication that Joe Cuviello, was in attendance on behalf of the applicants; and received a negative response to his request for a show of hands by persons present who were interested in the application. Me requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; end reviewed the following information contained in Technical Report No. pD-90-1451 Development proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the public Notification Process; and Planning Review. . . . . 2 Tl: - 2 - There was a negative response to Mayor Smeaton's request for comments from persons in support of the application, other than the applicant or his agent; and a negative response from persons opposed to the application. Mr. Cuviello indicated agreement with the conditions in recommendation Report No. pD-90-150, and offered to submit further information, if required- Since no further comments were forthcoming, Mis Worship Mayor Smeaton declared the public Meeting closed. ORDERED on the motion of Alderman Mlnsperger, seconded by Alderman Sherar, that the communication be received and filed, and the report be received and adopted- Carried UnanimouslY. See By-law No. 90-285. ~pD-90-1S1 - chief Administrative Officer - Re: Zoning Amendment ApplicationAM- 26/90, 6661 Meritrose Road properties Inc., GreenwaY Estates plan of Subdivision, 6661, 6681, and 6709 Meritrose Road. The report recommends the following: 1) That Council support the Zoning By_lawAmendment application for the Greenway Estates plan of subdivision, changing the zoning to the Residential 2 (RS) Zone, with the exception of increasing the minimum front yard setback provision to 5.5m (18 ft.); 2) That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; and 3) That the applicant and the Regional Municipality of Niagara be advised accordinglY- -AND - COmmunication No. 332 - Regional Niagara planning & Development Department Re: proposed Zoning By-law Amendment AM-26/90, Greenway Estates Plan of Subdivision, Mentress Road, south of Badger Road. The communication indicates that the Regional planning advises that a decision to approve or refuse the plan has not yet been made, and suggests that the City may wish to withhold its approval until the Plan is draft approved- His Worship Mayor Smeaton declared the Public Meeting open and stated that the procedure would be the same as the previous application- The Deputy clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on October 12th,~ 1990, and publication forwarded to the agencies involved for information. His Worship Mayor Smeaton received indication that Richard Sheraton, DS-Lea Associates Ltd., was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director Of planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in Technical Report No. pD-90-146: Development proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the public Notification process; and Planning Review. He referred to the increased minimum front yard setback provision included in the recommendations, and recommended approval of this application. There was a negative response to Mayor Smeaton's request for comments from persons in support of the application, other than the applicant or his agent; and a negative response from persons opposed to the application. Mr. Sheraton stated that the setback provision was ,quite acceptable' to their · plan. 3 since no further comments were forthcoming, His Worship Mayor Smeaton declared the public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. carried Unanimously. pD-90-152 - Chief Administrative Officer - Re: Zoning Amendment ApplicationAM- 25/90, D. & J- MacDonald-Ross, 4563 Jepson Street. The report recommends the following: 1) That Council support an amendment to the zoning of the property to permit the building to be converted to a three-unit dwelling, subject to the following conditions: (a) that the lot coverage be reduced to a maximum of 50 percent through the removal Of the westerly 118 square metres (1,280 sq. ft.) of the building; (b) that the partial removal of the structure and subsequent renovation of the building shall satisfy the Ontario Building Code and the Buildings & Inspections Department; 2) That the property be made subject to Site Plan Control and that staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; 3) That the applicant be required to enter into a site Plan Agreement to ensure the partial removal of the building and the provision of 3 outdoor parking spaces with a minimum westerly landscape strip of 1.5m (5 ft.) and a northerly landscape strip of 3.0m (10 ft.); and 4) that the applicant and the Regional Municipality of Niagara be advised accordingly. -AND - Communication No. 333A - Regional Niagara planning & Development Department - Re: Zoning By-law Amendment AM-25/90, Single Family Conversion to Triplex, Jepson Street. The Communication advises that the Regional planning and Public Works Departments have no objection to this Zoning By-law Amendment. -AND - communication No. 333B - Robert and Joanne Bunn - Re Zoning By-law Amendment Application AM-25/90. The Communication expresses concerns regarding the need for repairs on the rear of the subject property, lack of privacy for adjacent properties, noise, litter, and smoke from the chimney- during repairs. His Worship Mayor Smeaton declared the public Meeting open and stated that the procedure would be the same as the previous applications. The Deputy Clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on October 12th, 1990. His Worship Mayor Smeaton received indication that Brian Sinclair, Solicitor, Mr. and Mrs. MacDonald-Ross, applicants, and their sons were in attendance; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The 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-90-148~ Development proposal; Official Plan; Zoning By-law; Surrounding Land Use; comments from the Public Notification process; Planning Review and Site Plan Review. He indicated the posted sketches showing the proposed application with a double garage, as well as the sketch of the plan suggested by Staff, which modified the plan to include three outside parking spaces and no garage. - 4 - There was a negative response to Mayor Smeaton'e request for comments from persons in support of the application, other than the applicant or his agent; and a negative response from persons opposed to the application- Mr. Sinclair introduced the MacDonald-Ross family, advised that they had prepared the sketches, and had renovated older buildings over the years. He discussed the former commercial use Of the subject lands, and suggested that the proposal was more aesthetically attractive and compatible with the adjacent lands than the current use. Mr. Sinclair stated that the applicant would be willing to extend the garage to provide 4 parking spaces, but that it would not be possible to demolish the garage because of the structural steel in the building and the cost factor. He further stated that the applicant would be willing to work with Staff with respect to rear windows, in order to provide rear yard privacy for adjacent owners- Mr. Sinclair asked Council to approve the application without the recommendation that part of the building be torn down. the discussion, members of Council generally agreed that the report ~ During adopted without recommendation Nos. l(a), l(b) and 3, that satisfactory should be parking and rear window arrangements could be negotiated with Staff, and Site Plan Control would ensure that this building complied with the Ontario Building Code. 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 Cummings, that the report be received and the application approved, subject to negotiation with respect to 3 indoor parking spaces and the rear windows. The motion carrie_F d with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Headershot, Ninsperger, Hopkins, Orr, puttick, Sherat and Ward. NAYE: Alderman Janvary. pD-90-149 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lots I to 30, Drummond Park Village Extension No. 5, Plan M- 188. The Report recommends the following: 1) That the request from Brian Sinclair, on behalf of Kenmore Homes (1987) Inc., to exempt Lots I to 30, Registered Plan M-188, from Part Lot Control be approved, and that the City Solicitor be requested to prepare an agreement whereby the applicant will build only 60 semi-detached ~wellings and that the lots will not be divided other than in half; 2) That Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control after the applicant has executed the said agreement- Alderman Hinsperger declared a conflict of interest because his son owns adjoining property. ORDERED on the motion of Alderman Cummings , seconded by Alderman Cowan, that the report be received and adopted. The motion cattle__ d with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. pD-90-153 - Chief Administrative officer - Re~ Waiving of council consent Policy, Estate of Rosa Oalotta. The report recommends that COuncil waive its consent policy limiting the maximum number of new lots allowed to be created through the severance process to two for Consent Application B-753/90, as well as any future severances from the subject lands, subject to the payment of full subdivision fees for each lot. ORDERED on the motion of alderman Hlnsperger, seconded by Alderman Hopkins, that .the report be received and adopted. Carried UnanimouslY. - 5 - UNFINISHED BUSINESS TOWN OF p~.x.gna4,S RESOLUTION - FALSE ALARM CALLOUTS - FD-90-04 - Chief Administrative Officer - Re: Town of Pelham's Resolution (COUNCIL 1990 11 05}. The report recommends that Council support the Town of pelham's resolution concerning false alarm callouts for emergency respond. re. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 334 - Tony Sagat, past-President, Niagara Falls Lions Club, AND Director, 1992 Rainbow Convention Committee - Re: Use of City of Niagara Falls Float. The communication requests permission to use the city of Niagara Falls Float on Saturday, June 1, 1991 in Hamilton, and on Saturday, June 6, 1992 in Niagara Falls, in conjunction with the Annual Conventions of the Lions Club. ORDERED On the motion of Alderman cummings, seconded by Alderman Hinsperger, that the request be approved. Carried Unanimously. NO. 335 - Mike T~chynski, Niagara Falls pirates - Re: 9th Annual Hockey Tournament March 21 - 24, 1991, 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 Hinsperger, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Falls pirates, in conjunction with their 9th Annual Hockey Tournament, to be held On March 21st, 22nd, 23rd and 24th, 1991, 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. 336 - Even Hughes, Chairperson, Niagara Falls Arts & Culture Commission - Re: Appointment to the commission. The communication suggests that Ms. Katie Berggren be appointed to the commission as a replacement for Mrs. Isabel Olsen who has submitted her resignation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the suggestion approved. Carried UnanimouslY. No. 337 - Even Hughes, chairperson, Niagara Falls Arts & culture commission - Re: Joint Cultural Facility. The communication refers to needs studies previously completed by the Niagara Falls Board of Museums, the Niagara Falls Art Gallery and the Niagara Falls Library Board, and urges Council to #commission a broad-ranging study of all cultural needs of the community'. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Headershot, that the communication be referred to Staff for further details and budget consideration. Carried UnanimouslY. No. 338 (BaNDOUT) - Holy Family Regional Niagara youth centtea & Boys' Homes - Rex Grant. The communication advises that a grant in the amount of $5,000 would not be required since the funds were raised through bingos- ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the communication be received and filed. Carried UnanimouslY. No. 339 (HANDOUT) - Vincent Barbarino/Hmaane Society - Re: Resignation. The communication states that Vincent Barbarino is resigning his position on the Board of the Niagara Falls Humane Society. ORDERED on the motion of Alderman puttick, seconded by Alderman Elnsperger, that the communication be received and filed· Carried Una~imouslv~ - 6 - WELCOJ DEPUTY DIRECTOR OF paRKS & RECRF.~TION - Hi8 Worship Mayor Smeaton congratulated Laura Graham on her appointment as Deputy Director of parks & Recreation, and welcomed her to this community- REPORTS R-90-38 - Chief Administrative Officer - Re: purchase of Showmobile for City of Niagara Falls. The report recommends that a ,showmobile' not be purchased by 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. B~90-83 Chief Administrative Officer - Re: The Buildings & Inspections Department Report for October 1990. The report provides information regarding permits Issued and Highlights for October 1990, as well as November proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. Carried UnanimouslY. B-90-85 - Chief Administrative Officer - Re: Site Plan Approval, proposed 42- Unit 4-storey Hotel Building; 5640 Stanley Avenue. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 42-unit 4-storey hotel building, and the Site Plan being drawing Number i of 2, and the Bite plan Servicing & Orading being drawing Number 2 of 2, and filed with the Buildings and Inspections Department of the City of Niagara Falls on November 7, 1990 and that such approval be subject to the conditions outlined in the report- ORDERED on the motion of Alderman Campbell, seconded by Alderman cowan, that the report be received and adopted. The motion Cattle_ d with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Hendershot, Hinsperger, Nopkins, Orr, puttick, Sherat and Ward. NAYH: Alderman Janvary. MW-90-275 - chief Administrative officer - Re: Recycling Week November 1990. The report recommends that November 19 to 25, 1990 be proclaimed ,Recycling Week' in Niagara Falls. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummingst that the report be received and adopted. carried Unanimously. MW-90-277 -Chief Administrative Officer - Rex Grant Application under Financial Assistance program for the Solid Waste Management Program- The report recommends that the City make application for grants under the Financial Assistance Program for anticipated costs for the Solid Waste Management Program, and that the Mayor and Clerk be authorized to sign the grant application on behalf of the City. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 80. F-90-60 - chief Administrative officer - Re: Municipal Accounts. The report recommends that the accounts totalling $821,210.97 for the period ending November 12th, 1990, be approved by the passing of the by-law appearing later on the agenda · Alderman Hlneperger declared a conflict of interest on Cheque Nos. 83044, 63068 and 63069 because a member of his family is employed with the company. Alderman Ward declared a conflict of interest on cheque No. 63260 because he owns a business in the area. - 7 - Additional information was provided on Cheque Nos. 63069, 63079 and 63250. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 63044, 63068 and 63069, and Alderman Ward abstaining from the on 63260, on conflicts of interest previously recorded; and with all others voting in fayour. See By-law No. 90-288. CD-90-66 - chief Administrative Officer - Re: Part III of the Municipal Elections Act. The report provides background information regarding a Municipal Council candidate's ability to issue tax receipts, and recommends that this report be received and filed for the information of Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously= CD-90-69 - chief Administrative Officer - Re: Appointment of Deputy Lottery Licensing officer. The report recommends that Council pass the by-law appearing on this evening's agenda, appointing Gary D. Atack as Deputy Lottery Licensing Officer. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 90-286. RESOLUTION No..80 - HOPKINS - JANUARY - R~SOLVED that Council of the City of Niagara Falls make application to the Ministry of the Environment for grants under the Financial Assistance Program for anticipated costs for the Solid Waste Management Program; AND the Seal of the Corporation be hereto affixed. ~arried UnanimouslY. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-288 - A by-law to amend By-law No. 79-200, as amended. (AM-29/90 pinewood Homes). No. 90-288 - A by-law to appoint a Deputy Lottery Licensing Officer.(Gary D. Atack). Ne. 90-287 - A by-law to authorize the execution of an agreement with Robert M. Martin Engineering & project Management Ine., respecting the Sodom Road Marina parking lot. Nu. 98-288 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Binsperger and Ward abstaining from the vote on By-law No. 90-288, on conflicts of interest previously recorded under Report No. F-90-60; 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. Nu. 90-285 - A by-law to amend By-law No. 79-200, as amended. No. 90-286 - A by-law to appoint a Deputy Lottery Licensing Officer. - 8 - No. 90-287 - A by-law to authorize the execution of an agreement with Robert M. Martin Engineering & project Management Inc., respecting the Sodom Road Marina parking lot. No. 90-288 - A by-law to provide monies for general purposes. The motion cattle__ d with Aldermen Hinsperger and Ward abstaining from the vote on By-law No. 90-288, on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS Signs - City Hall Departments - Alderman Orr expressed satisfaction with the identifying signs in the City Hall Departments. Remembrance Day Ceremony - Alderman puttick commended the Deputy City clerk for his efforts in arranging the Remembrance Day Ceremony at the Niagara Falls Memorial Arena. , , , , It was moved by Alderman puttick, seconded by Alderman Campbell, that the meeting adjourn- Carried UnanimouslY. MAXOR WILL~I~S] SMEATON FORTIETH MEETING REGULAR MEETING Council chambers November 19, 1990 Council met on Monday, November 19th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Ward who was on vacation, were present. His Worship Mayor Smeaton presided ae Chairman. Alderman Hopkins 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 November 12th, 1990, be adopted as printed. Carried Unanimously. DEPUTATION pLUMBING CODE INFRACTIONS/CY MCOUIGAR - Communication No. 340 - Cy McGuigan - Re: Plumbing code Infractions. The communication requests permission to address Council regarding the subject matter. Mr. Cy McGuigan, Advance Plumbing & Heating, reviewed the communication he had recently received from Staff with reference to concerns regarding which he had been in contact with City Staff, and discussed infractions of the Plumbing Code at 4627 Jepson Street, and on St. Lawrence Avenue. Me submitted a documentary sketch to support his claim, and was advised that a response to the claim would be made in writing. pRESENTATION ONTARIO HYDRO AWARD - HiS Worship Mayor Smeaton submitted a Recognition Award which had been presented by the Ontario Hydro to the City of Niagara Falls for the city's contribution to Ontario Hydro's Energy Management program. UNFINISHED BUSINESS RESOLIFEION - PROPOSED HELlpORT/STANLEY AVENUE - His Worship Mayor Smeaton reviewed the background with regard to the proposal by can-Du Air Ltd., of St. Thomas, Ontario, for the establishment of a heliport at 7527 Stanley Avenue. -AND - Communication No. 341A (HANDOUT) - Rev. Gregory A. Battafarano, O. Cam., Mt. Camel Spiritual Centre - Rei proposed Heliport. The communication -vehemently objects" to the construction of a heliport at 7527 Stanley Avenue because of increased noise pollution close to the Spiritual Centre. - AND - Communication NO. 341B (H~NDOUT) - Sister Mary Kathryn camp, Director, Loretto Centre - Re: Proposed Helicopter Operation. The communication expresses opposition to the establishment of a helicopter operation in the south end of the City because of complaints being received regarding the difficulty of hearing speakers and teachers at summer retreats and courses; the danger to adults and children using the facilities of Loretto Centre; as well as the current difficulty of hearing telephone conversations and counselling, and the additional helicopter facility would increase the currently .intolerable' noise pollution. -AND- Communication No. 3~1C (HANDOUT) - Ev McTaggart, Niagara Helicopters - Re: Proposed Hellport. The communication reviews concerns regarding the dangers of -2 - the proposed hellport being used for flight training in 'congeared uncontrolled air space' and in s residential area; the safety problem of tourist rides in a populated area; the existence of two companies and five or six helicopters already in the area; the possibility of inexperienced pilots operating the helicopters in busy air space; and increased noise pollution. Father Roger Bonneau, Director of Mt. Carmel, Sister Mary Kathryn Camp, Sister Carmen Diston and Mrs. Sharon Dew, expressed concerns with respect to the proposed heliport in terms of increased noise pollution, the dangers of a pilot training school, and the City's inability to restrict the operation. They supported council in the proposed formal resolution of opposition to the Federal Government. Mrs. Dew submitted a petition signed by a number of residents and home owners living in Drummond Park Village who opposed the establishment of a heliport in the area. It was moved by Alderman campbell, seconded by ALderman Cununings, that the proposed resolution be adopted. Following further discussion, it was moved by Alderman Orr, seconded by Alderman Craitor that the resolution be amended to delete the words 'whether or not there may be'. The motion to amend the resolution, which took precedent, carried UnanimouslY. The motion to adopt the resolution, as amended, Carried Unanimously. See Resolution No. 81. His Worship Mayor Smeaton declared a five minute recess at 8:15 p.m., to provide an opportunity for persons in the gallery to leave the Council chandlers. Following the recess, the members of council reconvened for the balance of the council meeting. · · · · , COMMUNICATIONS No, 3&2 - Ontario Human Rights Commission - Re: proclamation. The communication asks Council to proclaim December 10th, 1990 as 'Human Rights Day' and December 10 - 16, 1990 as ~Human Rights Week'. ORDERED on the motion of Alderman Puttick, seconded by Alderman cummings, that the requests be approved subject to established policy. carried Unanimously. REPORTS B-90-79 - chief Administrative officer - Re: Site Plan Approval - Proposed Two, Three Storey, 30 Unit Apartment Buildings; North Side Thorold Stone Rd., West of Monarose Rd., AM-6/89 - By-laws 89-133 & 89-134. The report recommends that the council approve the site plan(s} on display at tonight°s meeting, being a proposed 60 unit cooperative housing development consisting of two, three storey, apartment buildings, end the Site Plan being drawing Number A1, the Site Services Plan being drawing Number Cl, the Site Electrical Plan being drawing Number El, the Landscape Plan Tree Protection Plan Clearing, Grubbang and Stumping being drawing Number L-l, the Landscape Grading Plan being drawing Number L-2, the Landscape Planting Plan being drawing Number L-3, and the Landscape Plan Details Plan being drawing Number L-4, and filed with the Buildings and Inspections Department of the City of Niagara Falls on November 2, 1990, and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Hineperger, seconded by Alderman Hendershot, that the report be received and adopted. Carried unanimously. B-90-86 - chief Administrative Officer - Rat Moving Policy. The report recommends that the attached Moving Policy be adopted by City Council, effective immediately · ORDERED On the motion of Alderman Campbell, seconded by Alderman Hopkins, that the report be received and adopted. Carried UnanimouslY. - 3 - B-90-87 - Chief Administrative Officer - Re: Ontario Building Code - Farm Buildings. The report provides information regarding the requirements of the 1990 Ontario Building code with respect to farm buildings, and recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the report be received and adopted. carried Unanimously. B-90-88 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement Between the Corporation of the City of Niagara Falls and Mr. Colin Glass, Mrs. Delia Glass, Mr. Marie Iafrate and Mrs. Gina Iafrate; (Former Canadian Imperial Bank of Commerce Building), 4893 Victoria Avenue. The report recommends that council authorize a cash-in-lieu agreement with Colin Glass, Delia Glass, Marie Iafrate and Gina Iafrate. A by-law authorizing the agreement will be presented to Council at the next available meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-90-1S4 Chief Administrative Officer - Re: Tourism Master Plan Study Consultant Selection. The repmrt recommends the following: 1) That Malone, Givens, Parsons Limited be selected to undertake the Tourism Master Plan Study at a cost Of $99,668.00, exclusive of G.S.T.; 2) That the appropriate by-laws and agreements be prepared for a future meeting of Council; 3) That $35,000.00 be transferred from reserve account 12755 toward the cost of undertaking the Study; 4) That the Tourjam Study Steering Committee mandate information, attached to this report, be adopted; 5) That the consultant establish a community Advisory Liaison Committee as part of the planning consultation process; and That council reconfirm that the Finance Committee is responsible for the review of draft policies, etc., for the Official Plan Review. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. carried Unanimously. R-90-39 - Government and Civic Committee - Re: Sports Wall of Fame Inductsea and Induction Ceremony. The report recommends that Council approve the Inducteee, enumerated in the report, to the Sports Wall of Fame. His Worship ~ayor Smeaton commended Alderman Janvary and her Committee for their efforts. ORDERED mn the motion of Alderman cummings, seconded by Alderman Orr, that the r~port be received and adopted. Carried UnanimouslY. MW-90-279 - Chief Administrative Officer - Re: Cost Sharing Agreement for Oversizing Sanitary Sewers and Watermains - McLeod Road from Pin Oak Drive to Kalar Road. The report recommends the following= 1) That the city enter into a cost sharing agreement with 876929 and 87B930 Ontario Ltd. for the 0vetsizing of a sanitary sewer and s watermain in order to service the 60 Unit Townhousing Proposal and to provide spare capacity in the sanitary sewer and watermain to service the future developsen% area bounded by Kalar Road, McLeod Road, Garner Road and the rear of properties on the south side of Lundy's Lane~ and That the city'e share of the oversizing costs be obtained from the Expansion Q Renewal Fund (present estimate $87,000.00). Following a lengthy discussion, It was moved by Alderman Puttick, seconded by Alderman Craitor, that this report be tabled for one week. The motion was ~ with the following vote: - 4- AYE: Aldermen Craitor and puttick. NAYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hineperger, Mopkins, Janvary, Orr and Sherat. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted- The motion Cartie____ d with the following Vote: AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hlnsperger, Hopkins, Janvary, Orr and Sherar- NAYE: Aldermen craitor and puttick- MW-90-280 - Business parkCommlttee - Re: Montrose Business park - Street Names. The report recommends that Council select the street names for the Montrose Business Park. " Aldermen Cummings and Sherat declared conflicts of interest because their employer is involved in the Montrose Business park. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hendershot, that the report be received and the suggested names of T. Hillingsley and C. Cheesman for two of the streets in the Montrose Business park be adopted. It was further recommended that the request for names to be applied to the two remaining streets in the Park be referred to the Street Name Committee, for consideration and participation from the local Legions, with a report to be submitted for Councll's consideration- The motion cartie___ d with Aldermen Cummings and sherat abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. MW-90-282 - Municipal parking Committee - Re: Committee Reports. The report recommends the following: 1) MW-90-276 - Municipal parking LOt #16 (Niagara Falls Arena) - It is recommended that the Niagara Falls Arena (Municipal Lot #16) Continue to operate as a Municipal Parking Lot during the tourist season; ORDERED on the motion of Alderman campbell, seconded by Alderman Orr, that Report No. MW-90-276 be received and adopted. The motion Cattle___ d with the following vote: AYE: Aldermen Campbell, cowan, Craitor, Mendershot, Hinsperger, Hopkins, Janvary, Orr and Sherat. NAYE: Aldermen Cummings and puttick. ~ 2} MW-90-249 - On-Street Overnight Parking - It is recommendadz (l) That the recommendations outlined in the attached report be implemented on a trial basis for a one year period, effective December 1, 1990, then re- evaluated by Staff to determine the effects; (ii) That By-law 89-2000 (being a by-law regulating parking and traffic on City roads) be amended to allow on-street overnight parking within the Urban Boundaries for those vehicles displaying an on-street overnight parking permit; (ill) That By-law 89-2000 (being a by-law regulating parking and traffic on City roads) be amended to allow for the sale of a one year on-street overnight Parking Permit to those residents wishing to purchase the~ at a cost of $150.00; (iv) That By-law 89-2000 (being s by-law regulating parking and traffic on city roads) be amended, to increase the overnight parking fines from $10.00 to $20.00; · (v) That the new regulations end permit system be advertised in the local paper to provide information to the public· 5 ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that Report No. HW-249 be received and adopted. The motion carried with the following vote: AYE: Aldermen Campbell, Craitor, Hendershot, Hinsperger, Hopkins, Janvary and Orr. NAYE: Aldermen Cowan, Cummings, Puttick, and sherat, and Mayor smeaton. MW-90-285 (H/L%~)OLF2) - Chief Administrative Officer - Re: Dufferin Place Condominium Subdivision - Dorchester Road and Dawson Street. The report recommends that the by-law authorizing the execution of the Subdivision Agreement for the Dufferin Place Condominium Subdivision, be approved. Alderman Cummings and Sherar declared conflicts of interest because the property is located across from their place of employment. Alderman Hopkins declared a conflict of interest because his employer has a business relationship. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell, that the report be received and adopted. The motion ~arried with Aldermen Cummings, Sherat and Hopkins abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. See By-law No. 90-294. F-90-62 - chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,035,360.45, for the period ending November 19th, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 63464 because a member of his family is employed with the company. Additional information was provided on cheque No. 63523. ORDERED on the motion of Alderman Orr, seconded by Alderman Shetar, 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. 90-295. CD-90-70 - Chief Administrative Officer - Re: Appointment to Social Planning Council. The report recommends that council pass the by-law appearing on this evening's agenda. ORDERED On the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted, and Alderman Gary Henderehot be appointed as council representative to the Social Planning Council. Carried Unanimousl . See By-law No. 90-291.. RESOLUTIONS No. 81 (as amended) - CAMPBELL - CUMMINGS - RESOLVED the City of Niagara Falls opposes the establishment and operation of a heliport to be located at 7527 Stanley Avenue (the former Niagara Metals plant), in the City of Niagara Falls, because the location of the proposed hellport, in close proximity to major tourist attractions, residential areas and industries, is not appropriate because of health and environmental concerns involving noise, safety and nuisance issues; ~NDFUR~M that City Council advise the Minister of Transport, The Monourable Douglas Lewis, that the City is opposed to the proposed hellport and to the issuance of any Certificates and licences in respect thereto; AND FURTHER that pursuant to the Environmental Assessment and Review Process Guidelines, Council hereby requests the Minister of the Environment, The Honourable Robert de Cotret, to order a public review or hearing to determine anypotentially adverse environmental or social effects arising from the proposed hellport; , o . . 8 7 -6 - AND FURTHER that Mr. Rob Nicholson, MP, be given a copy of this resolution and asked to support the City of Niagara Falls in this matter and to pursue it with the Minister of Transport and the Minister of the Environment; AND the Seal of the corporation be hereto affixed- Carried UnanimouslY. No. 82 - HOPKINS - COWAN- RESOLVED that the Council of the City of Niagara Falls petition the Ministry of Transportation for Interim payment under the public Transportation and Highway Improvement Act on Expenditures made in the year 1990, for construction and maintenance, the total amount being 87,354,800.00; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslY. No. 83 - CRAITOR - HINSPEROER - RESOLVED That the city of Niagara Falls endorses the relocation of the Ministry of TouriBm and Recreation to the City of Niagara Falls, and pledges its Staff to work with the Ministry's Staff and Consultants during the provincial Government's review of the cost/benefit analysis of such a relocation; AND the seal of the Corporation be hereto affixed- Carried UnanimouslY. BY-LAWS_ ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-289 - A by-law to amend By-law No. 79-200, as amended. (AN-IO/90 Orsini Bros. Inns Inc., Corner of Belmont Ave. & LundY#s Lane; Report PD- 90-71 approved by council May 14/90). No. 90-290- A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the planning Act~ 1983. (AN-10/90 Orsini Bros. ) No. 90-291- A by-law to amend By-law No. 89-01 as amended, providing for appointments to certain Boards, commissions and Committees. (Social Planning Council). No. 90-292 - A by-law to allow the maintaining and using of a building which encroaches on Hickson Avenue. (CD-90-58 adopted by council October 15th, 1990). No. 90-293 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls planning Area. (No. 191 & 192, Nabisco Brands can. Ltd.; Report pD-90-127 approved by council Aug. 27/90) · No. 90-294 - A by-law to authorize the execution of an agreement with Dufferin Place Ltd. and others respecting the proposed Dufferin place Condominium subdivision. No. 90-295 - A by-law to provide monies for general purposes. The motion ~ with Aldermen Cummings, Hopkins and Sherat abstaining from the vote on By-law No. 90-294 on conflicts of interest previously recorded under Report No. MW-90-285S with Aldermen Hopkins abstaining from the vote on By-law No. 90-292 on a conflict of interest because a member of hie family is involved; with aldemman Hlnsperger abstaining from the vote on By-law No. 90-295 on a conflict of interest previously recorded under Report No. F-90-62; and with all others voting in fayour. ORDERED on the motion of Alderman Binsperger, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 90-289 - A by-law to amend By-law No. 79-200, as amended. No. 90-290 - 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. 90-291 - A by-law to amend By-law No. 89-01 as amended, providing for appointments to certain Boards, Commissions and Committees. No~ 90-292 - A by-law to allow the maintaining and using of a building which ~' ".~ '=encroaches on Hickson Avenue. No. 90-293 ~ A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 90-294 - A by-law to Place Ltd. Condominium authorize the execution of an agreement with Dufferin and others respecting the proposed Dufferin Place Subdivision. No. 90-295 - A by-law to provide monies for general purposes. The motion ~arried with Alderman Cummings, Hopkins and Sherar abstaining from the vote on By-law No. 90-294 on conflicts of interest previously recorded; with Alderman Hopkins abstaining from the vote on By-law No. 90-292 on a conflict of interest previously recorded; with Alderman Binsperger abstaining from the vote on By-law No. 90-295 on a conflict of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCEKNz Niagara Region Development Corporation - Alderman Hopkins pointed out that the Information for Council letter from the N.R.D.C. dated November 13th, 1990, in the subject line, had erroneously referred to the relocation of the Ministry of TouriBm and Recreation Offices to St. Catharines, rather than to Niagara Falls. The Chief Administrative Officer was asked to contact the N.R.D.C. regarding the error. Alderman Craiter - Meeting wi%h premier Rae - Alderman Craitor referred to his upcoming meeting with province of Ontario Premier Bob Rae, and four members of provincial parliament, and stated his intention to put forward the strong suggestion that the Ministry of TouriBm and Recreation be relocated in Niagara Falls. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hinsperger, that a formal resolution be forwarded to the premier of Ontario, requesting that the Ministry of TouriBm and Recreation be telcoated in the City of Niagara Falls. carried Unanimously. (See Resolution NO. 83}. It was suggested by Alderman puttick that the city Treasurer provide information to Alderman craitor with respect to business tax on properties, in order that this data might be relayed to the Premier and elected representatives, for comments. Proposed Recreation Needs study - Alderman Sherat referred to the Handout report from the Recreation Commission which included the suggestion that the mandate of the Recreation Commission be redefined. ORDERED on the motion of Aldermen Janvery, seconded by Alderman Cowan, that the report be referred to Staff and the Director of parks & Recreation for consideration with respect to the specific mandate of the Recreation commission. Carried Unanimously. . . . . 8 - 8 - Meeting with Niagara School Boards - Alderman puttick referred to the letter forwarded to the Niagara South Board of Education and the Welland County Roman Catholic Separate School with respect to Council'e request a meeting with the School Boards- Me asked that the Boards be contacted with further information regarding the concerns of Council- , * , , , It was moved by Alderman Orr, seconded by Alderman Hopkins, that the meeting adjourn- Carried UnanimouslY. E~.C. WAGG, CITY CLERK FORTY-FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #2 Nove~3er 26, 1990 council met on Monday, November 26th, 1990, at 7:15 p.m., in committee of the Whole. All members of Council were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. E.C. WAGG, CI REGULAR MEETING Council Chambers November 26, 1990 council met on Monday, November 26th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Hopkins who was at a business meeting, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Nendershot offered the opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the minutes of the meeting held November 19, 1990, be adopted as printed. Carried Unanimously. pRESENTATION ACHIEVEMENT AWARD - MIDTOWN TARSETS - His Worship Mayor Smeaton congratulated and presented an Achievement Award to the Midtown Targets 10 Pin Bowling Team, Mrs. Jo-Ellen Karlson, Coach; David Bradshaw, Missy Bedell, Laura Pulver, Brandon Shevel and Richard Winget. The team was the 1990 provincial winner of the 10 Pin Bowling Tournament held in May 1990 at Sarnia, Ontario. Mayor Smeaton expressed appreciation to the Team for its influence in having the City of Niagara Falls selected for the 1991 Tournament. DEPUTATION GIFTS ~I'OCANADIANTROOPS OVERSEAS - His Worship Mayor Smeaton advised that Mrs. Betty Rodgets had contacted his office to advise that she was interested in organizing a gift program for Canadian soldiers overseas. He advised that the local radio station was interested in publicizing the program, and that volunteer citizens were required- Mayor Smeaton suggested that perhaps City facilities could be utilized for the program if Mrs. Rodgets would assist in coordinating the effort. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that approval be granted for the suggested program and that the use of City facilities, to be coordinated through Mayor smeaton's office. Carried Unanimously. UNFINISHED BUSINESS ZONING AMENDMENT APPLICATION aM-7/89, D. DXCIENZO ' Report No. PD-90-159 - Chief Administrative Officer - Re: Zoning Amendment Application AM-7/89, D. DiCienzo, Inn on the parkway and Determination of Need for Further Public Nobice. The report recommends the followingz - 2 - 1) That City Council, prior to the passing of the amending by-law for the Inn on the parkway, 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 further notice; 2) That City Council enact the amending by-law in accordance with Section 34(17) of the planning Act; 3) That City council enter into a development agreement respecting the works, facilities and matters required by the Director of Municipal Works. Alderman Ward declared ~ conflict of interest because he has a business re~tionship- ~he .'C~[~f" Administrative Officer and City Solicitor provided background information with respect to this application, stated that the public Meeting had been concluded, and suggested that if Council wished to open a debate, another pablic Meeting should be considered- A discussion followed, wherein the Deputy Director of planning & Development provided information regarding the regulations contained in the zoning by-law, as well as the agreement which concerns services and other obligations of the developer- ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be received and adopted- The motion cattle___ d with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Orr, puttick and Sherat. NAYE: Aldermen Craitor, Hendershot, Hinsperger and Janvary- See By-law No. 90-296. MAYOR'E C0MMI~TEE ON HOUSING - Report No. M-90-04 - Mayor Smeaton - Re: Mayor's Committee on Housing- The report attaches a list of the current membership of the Committee, suggests that the Committee 'fall under the organization umbrella of the Social planning Council' , suggests Alderman Kim Craitor as Chairman, with the approval of council, and asks Council to consider this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the recommendation be approved, and Alderman craitor be appointed chairman of the committee after consultation with the Social planning council. carried UnanimouslY- MOIFIROSE BUSINESS pARK - COMITY ECONOMIC TRANSFORMATION AGREEMENT - Communication No. 343 - Mayor Seeaton - Rez Montrose Business Park. The communication, addressed to The Honourable Floyd Laughran, Deputy Premier and Treasurer of Ontario, resubmits an application for funding under the Community Economic Transformation Agreement and requests faycurable Consideration of the application. Aldermen Cummings and Sherat declared conflicts of interest because their employer is involved. ORDERED on the motion of Alderman Ward, seconded by Alderman HinSPerger, that approval be granted to forward the communication with a request for funding to the Deputy Premier. The motion ~ with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. COMMU N I CAT I ON S No. 344 - Cit~ ef St. Catherines - Rex Relocation of Ministry of Transportation. The con~unicatlon asks council to support the relocation of the Ministry of Transportation to the City of St. Catharlnes. - 3 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the communication be received and the request for support be approved. Carried UnanimousIv. No. 345 - Wm. Carey - Re: Customs/Bus Lines. The communication requests the consideration of Council with respect to a complaint regarding the treatment of buses at Canada Customs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the a letter be drafted in Mayor Smeaton's office, to be forwarded to Prime Minister Brian Mulroney, Premier Bob Rae, Rob Nicholson, M.P., and Mrs. Margaret Marrington, M.P.P., apprising them of the importance of the problem with respect to the City of Niagara Falls, and advising that the present bridge capacity cannot handle the volume of traffic on the International Bridges. Carried Unanimously. No. 346 (HANDOUT) - Emile J. Therich, President, Canada Safety Council - Re: · National Safe Driving Week". The communication advises of the Canada Safety Council's National Safe Driving Week campaign information kit, and asks Council to promote the week of December 1 - 7, 1990, as "National Safe Driving Week'. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be approved subject to established policy. Carried Unanimously. No. 347 (HANDOUT) - Denis Stefaniuk, General Manager, Niagara Falls, Canada, Visitor & Convention Bureau - Re: American Bus Association Marketplace proclamation. The Communication asks Council to proclaim the week of December 2nd to 8th, 1990 as "ABA Week" in Niagara falls. ORDERED on the motion of Alderman cummings, seconded by Alderman Ward, that the request be approved subject to established policy. carried Unanimously. No. 348 (HANDOUT) - Sharon Dow, Drummond park Village Residents and Homeowners - Re: Proposed Hellport. The communication attaches a petition to oppose the establishment of the proposed hellport on Stanley Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communication be received and filed. Carried Unanimously. REPORTS PD-90-157 - Chief Administrative Officer - Re: Request for Comments on the Brief Entitled, 'The Tender Fruit Industry in Niagara: Issues, Options and Conclusions'. The report recommends the following: 1) That the Regional Municipality of Niagara be advised that the City of Niagara Falls supports the intent of the brief 'The Tender Fruit Industry in Niagara: Issues, Options and Conclusions'; 2) That consideration be given to applying programs which provide economic assistanoe to all farmers in general. ORDERED on the motion of Alderman puttick, seconded by Alderman Hendershot, that the report be received and filed. The motion Carried with the following vote~ AYE: Aldermen campbell, Cowan, craitor, cummings, sendershot, Hinsperger, Orr, Puttick, sherat and Ward. NAYE~ Alderman Janvary. PD-90-158 - Chief Administrative Officer - Rez Request for Building permits Parts I to 3 inclusive, Reference plan 59R-6827, Beck Rd. (East Side), South Of Bosseft Rd.; Kathleen Henry. The report recommends the followingz 1) That the request for a Building Permit for parts 1, 2 and 3 of Plan 59R-6827 be approved subject toe (a) an agreement being entered into with the owners of the subject lot relative to the City's requirements; and - 4 - (b) the required approvals and permits from those agencies referenced below, be obtained prior to issuing Building Permits; 2) That the clerk's Department advise the applicants and Solicitor, Richard Mallads, of Council's decision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PD-90-161 - Environmental Piefining & Crashing Committee - Re: Enhancing the Environmental Inventory Computer capacity. The report recommends the following: 1) That Council approve the purchase of computer hardware and software as outlined in this report; That Staff be directed to obtain quotations on the required computer hardware and software; and 3) That the transfer of the necessary funds from the reserve account be authorized. It was moved by Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Following a discussion, it was moved by Alderman Minsperger, seconded by Alderman Sherat, that the report be tabled for one week to await a report from the Computer Services Committee or the Deputy Treasurer, with respect to the status of the city Hall computer system. The motion to table, which took precedent, carried with the following votes AYE: Aldermen Campbell, Cowan, Craitor, cummings, sherar and Ward. NAYEz Aldermen Rendershot and Janvary. Hinsperger, err# Puttick, MW-gD-2?O - Chief Administrative Officer - Res Lewis Avenue Parking Restriction. The report recommends the followings 1) That parking be restricted on the southeast side of Lewis Avenue from Magdalen Avenue to apefat 98 m southwest of Centre Street between the hours of ?s00 a.m. and 4:00 p.m.; 2) That parking be restricted on the northwest side of Lewis Avenue from Slater Avenue to a point 64 m northeast between the hours of 7:00 a.m. and 4sO0 p.m.; 3) That the by-law Mending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads), appearing on a future agenda, be appreved. ORDERED on the motion of Alderman cowan, seconded by Alderman Campbell, that the report be received and adopted and further, that additional information regarding the parking restriction's effect on daytime events at the arena be includedwhen the by-law is submitted. Carried Unanimously. aw-90-ss4 - Municipal Parking Committee - Res Main Street/Portage Road at Buchanan ~venue/Oakes Drive Parking Restrictions. The report recommends that the by-law amending By-law 89-2000 (being · by-law to regulate parking and traffic on City roads), appearing later on tonight's agenda, be approved. During the dl~cussion, Alderman campbell advised that the concerns regarding unlimited parking On Buchanan Avenue would be sonsidered at the Parking committee. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the re~ort be received and adapted. Carried Unanimously. see By-law No. 9Q-297. MW-90-291 - Municipal Parking Cea~lttee - Rat Co~mittee Reports Review of Current Lease, Parking Policies/Procedures. The report recommends,the followingz - s - 1) That the current lease rate of $300.00 per space per year remain unchanged; 2) That current lease renewal practices continue, until such time that the demand exceeds the supply; 3) That the current lease arrangement for the downtown area would only be effective from Monday to Friday. It was moved by Alderman Hinsperger, seconded by Alderman Hendershot, that the report be received and adopted. Following a discussion, it was moved by Alderman err, seconded by Alderman Puttick, that recommendation No. i be amended to read 'a current lease rate of $32S.00 per space per year,. The motion to amend which took precedent, was Defeate_._~dwith the following vote: AYEz Aldermen err and Puttick. NaYE: Aldermen Campbell, cowan, craitor, Rendershot, Hinsperger. Janvary, Sherat and Ward. The original motion to receive and adopt the report Carried Unanimousl . MW-90-292 - Chief Administrative officer - Re: Amendment to By-law 89-2000 On- Street Overnight Parking. The report recommends that the by-law amending By- law No. 89-2000 (being a by-law regulating parking and traffic on City roads), regarding on-street overnight parking, appearing later on tonight's ageads, be approved. ORDERED on the motion of Alderman campbell, seconded by Alderman err, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Craitor, Headershot, Hinsperger, Janvary, err, Puttick and Ward. NAYE: Aldermen cowan, Cummings and Sherat. See By-law Nn. 90-298. F-90-63 - chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,176,163.57 for the period ending November 19, 1990, be approved by the passing of the by-law appearing later on the agenda. Aldermen Cummings and Sherar declared conflicts of interest on Cheque No. 63669 because their place of employment is involved. Alderman Hinsperger declared a conflict of interest on Cheque Nee. 63632 and 63633 because a member of his family is employed with the company. Alderman Janvary declared a conflict of interest on Cheque No. 63615 because her husband has a business interest. Additional information was provided on Cheque Nee. 63631, 63688 and 63751. ORDERED on the motion of Alderman Hendershot, seconded by Alderman cowan, that the report be received and adopted. The motion Carried with Aldermen cummings, sherat and Hinsperger abstaining from the vote on Cheque Nee 63669, 83632 and 63633 respectively, on conflicts of interest previously recorded; with Aldermen err and Puttick voting contrary on Cheque No. 63669; and with all others voting in fayour. see By-law No. 90-302~ F-90-64 - Finance Committee - Res Committee Reports. The report recommends the following~ Statement of Taxes Receivable at October 31, 1990 - It is recommended that the report be received for the information of Council. 2) Niagara Falls Public LibrafT, Financial Statement as of September 30, 1990 - It Le recommended that the report be received for the information of Council. - 8 - 3) FC-90-21 - 1989 Financial Statements - It is recommended that the report be received for the information of council- 4) Moggridge Lithe Request for Advertisement - It is recommended that the advertising request be denied. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY. F-90-65 - Chief Administrative Officer - Re: Rating By-law for Debenture Issue. The report recommends that Council pass the by-law appearing on this evening's agenda that will provide for the levying of rates to pay the principal and interest charges on the $1,530,000.00 debenture issue dated April 28, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted- Carried UnanimouslY. See By-law NO. 90-300. CD-90-71 - Chief Administrative Officer - Re: Appointment to Niagara Parks Commission. The report recommends that Council select an appointee to serve for the 1991 term as the Council's representative on the Niagara Parks Commission. Following a secret ballot, Alderman puttick was selected to serve for the 1991 term ae Councll's representative on the Niagara Parks commission. The Clerk advised that a by-law covering the appointment would be submitted at the next meeting of Council- During the discussion, Alderman Hendershot referred to the method of making appointments, and his prior request for an alternative method of breaking a tie vote. The Chief Administrative Officer was requested to submit comments on this matter. CD-90-72 - 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 Councll's consideration at its meeting to be held on December 17, 1990. ORDERED on the motion of Riderman Janvary, seconded by Alderman cummings, that the report ~ lopted. Carried UnanimouslY. No. 52/89. does not su Staff be at said amend~ ORDERED on the report 'e Officer - Re: Niagara Escarpment Plan Amendment mends that council reconftrm its position that it rpment plan Amendment No. 52/89, and further, that ~ at the Niagara Escarpment Hearing to oppose the man Cummings, seconded by Alderman Hinsperger, that |opted. Carried Unanimously. HR-90-28 (~ANDOUT) - Chief Administrative Officer - Res Salary Increase, Members of Council. The report, which was considered earlier this evening in Committee of the Whole, recommends that Council advise Staff on the matter of a December 1, 1990 salary increase for members of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. The motion Cartie_ d with the following votez AYEs Aldermen Cmmpbe11, Cowan, Cummings, Hendershote Hlnepergere errs puttick and Ward. NAYEt Aldermen Craitore Janvary and Sherat. - 7 - RESOLUTIONS No. 84 - eRR - COWAN - 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 (AN-7/89, D. DiCienzo Sr., Inn On The Parkway, South-West side of Niagara River Parkway), 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 Ward Abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Orr, Puttick and Sherar. NAYE: Aldermen Craitor, Nendershot, Hinsperger and Janvary. No. 85 - HINSPERGER - COWAN - WHEREAS in order to facilitate the enhancement of our economic growth, affecting directly the citizens of Niagara Falls, Ontario, and sister communities in the Regional Municipality of Niagara; and WHEREAS in order to compensate for a number of industrial closings and lay-offs in our City over the past several years, the Municipal Council of Niagara Falls, Ontario, has committed to develop a new Industrial Park named the Montrose Business Park; and WHEREAS further to this particular, the Council wishes to re-submit an application for funding under the Community Economic Transformation Agreement; and WHEREAS the city council wishes to, for the benefit of all Ontario residents, ensure the continued economic growth through a broad range of industries in Niagara, and because of a severe down-turn in the 1989 and 1990 tourism economy locally, and because of our uncertainty about the impact of the Goods & services Tax in 1991 and beyond, the Council feels it necessary to ensure assistance so that this new Industrial Park becomes a reality as soon as possible; and WHEREAS because the Council is committed to provide a supply of land of the uppermost quality for a prestigious Industrial Park, thereby increasing employment Opportunities in Our City; NOW THEREFORE BE IT RESOLVED that the council of the Corporation of the City of Niagara Falls hereby requests that Premier Bob Rae and the Bonourable Floyd Laughten, Deputy premier, Treasurer of Ontario, and their Cabinet colleagues assist the City with the development of the Montrose Business Park through funding under the Community Economic Transformation Agreement; AND the Seal of the corporation be hereto affixed. 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. BY-LAW_ _ S ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first times No. 90-296 -A by-law to amend By-law No. 79-2000, as amended. (AM-7/89 D. DlCienzo, St., S/W side of Niagara River Pkwy.; Report PD-89-187 approved by Council December 11, 1989). No. 90-297 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (parking). No. 90-298 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Overnight Parking Permits & Interpretations) · 3) PC-gO-21 - 1989 Financial Statements - It is recommended that the report be received for the information of Council. 4) Moggrie~- T.i~hn ReaUeSt for Advertisement - It is ] ORDEREl that the: F-90-65 - The repor agenda t~ interest ORDEREDO the repom CD-90-71 Commissi the 1991 Follc term as advised meeting Duriz appoin~ vote. g matter. CD-90-7 Commiss placed Boards, those forms prepar( its me~ ORDEREl the S-90-2 No. 52 does n Staff said a ORDER~ the re ~R-90-28 (~/U~DOUT) - Chief Aa'inistrative O~f~oer - Re: Salary Increase, Members of Council. The report, which was considered earlier this evening in Committee of the Whole, recommends that Council advise Staff on the matter of a December 1, 1990 salary increase for members of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following votes AYEI Aldermen Campbellt Cowan, Cummings~ Hendershot~ Hinsperger, Orr, Puttick and Ward. NAYEl A~dormen traitor, Janvary and Sherat. RESOLUTIONS No. 8d - ORR - COWAN - 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-7/89, D. DiCienzo St., Inn On The Parkway, South-West side of Niagara River Parkway), for the Niagara Falls Planning Area, are minor in ......... ~"'~ -~ice~ AND the ~eal of the ~m the vote on a conflict of g vote: sick and Sherat. Janvary. ~cilitate the enhancement of ] of Niagara Falls, Ontario, of Niagara; and ~trial closings and lay-offs al Council of Niagara Falls, al Park named the Montrose .1 wishes to re-submit an ~ .0 Transformation Agreement; .t Of all Ontario residents, road range of industries in 989 and 1990 tourism economy npact of the Goods & Services sary to ensure assistance so soon as possible; and [de a supply of land of the Park, thereby increasing ~e Corporation of the City of ~ae and the Honourable Floyd · nd their Cabinet colleagues ~trose Business Park through m Agreement; ~rar abstaining from the vote ~d with all others voting in onded by Alderman Cowan, that ws, and the by-laws be read a NO. 90-296 - A by-law to amend By-law No. 79-2000, as amended. (AM-7/89 D. DiCienzo, St., S/W side of Niagara River Pkwy.] Report PD-89~187 approved by council December ~1, 1989). No. 90-297 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on city Roads. (Parking). 90-298 - A by-law to amend By-law No. 89-2000, being a by-law to regulate ~arking and traffic on City Roads. (overnight Parking Permits & Interpretations), 3) FC-90-21 - 1989 Financial Statements - It is recommended that the report be received for the information of Council. 4) Moggridge Lithe Request for Advertisement - It is recommended that the advertising request be denied. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. F-90-65 - Chief Administrative Officer - Re: Rating By-law for Debenture Issue. The report recommends that Council pass the by-law appearing on this evening's agenda that will provide for the levying of rates to pay the principal and interest charges on the Sl,530,000.00 debenture issue dated April 26, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-300. CD-90-71 - Chief Administrative Officer - Re: Appointment to Niagara Parks Commission. The report recommends that Council select an appointee to serve for the 1991 term as the council's representative on the Niagara Parks commission. Following a secret ballot, Alderman Puttick was selected to serve for the 1991 term as council's representative. on the Niagara Parks Commission. The clerk advised that a by-law covering the ap1~Dintment would be submitted at the next meeting of Council. During the discussion, Alderman Hendershot referred to the method of making appointments, and hie prior request for an alternative method of breaking a tie vote. The Chief Administrative Officer was requested to submit comments on this matter. CD-90-72 - chief Administrative Officer - Re~ Appointments to varicus 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'e consideration at its meeting to be held on Decenter 17, 1990. ORDERED on the motion of Alderman Janvary, seconded ~y Alderman cummings, that the report be received and adopted. Carried Unanimously. B-90-24 - Chief administrative Officer - Re~ Niagara Escarpment Plan Amendment NO. 52/89. The report recommends that Council reconfirm its position that it does not support Niagara Escarpment Plan amendment No. 52/89, and further, that Staff be authorised to attend at the Niagara Escarpment Hearing to oppose the said amendment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger, that the report be received and adopted. Carried Unanimously. HR-90-28 (HANDOb"E) - Chief administrative Officer - Re~ salary Increase, Members of council. The report, which was considered earlier this evening in Committee of the Whole, recommends that council advise Staff on the matter of a December 1, 1990 salary increase for members of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion C.arried with the following voter AY~ Aldermen Campbell, Cowan, Cummings# Hendershot~ Hinsperger~ err, Puttick and Ward. NaYmt Aldermen Crsitor, Janvary and Sherat. RESOLUTIONS No. 84 - OP~ - COWLS{ - RESOLVED that this Council does determine, in accordance with Section 34 (16) of the Planning Act, 1983, that the changes to the proposed By-lawAmendment (AM-7/89, D. DiCienzo st., Inn On The Parkway, south-west side of Niagara River Parkway), 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 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 Craitor, Hendershot, Hinsperger and Janvary. No. 85 - RINSPERGER - COWAN - WHEREAS in order to facilitate the enhancement of our economic growth, affecting directly the citizens of Niagara Falls, ontario, and sister communities in the Regional Municipality of Niagara; and WHEREAS in order to compensate for a number of industrial closings and lay-offs in our City over the past several years, the Municipal Council of Niagara Falls, Ontario, has committed to develop a new Industrial Park named the Montrose Business Park; and WHEREAS further to this particular, the Council wishes to re-submit an application for funding under the Community Economic Transformation Agreement; and WHEREAS the city Council wishes to, for the benefit of all Ontario residents, ensure the continued economic growth through a broad range of industries in Niagara, and because of a severe down-turn in the 1989 and 1990 tourism economy locally, and because of our uncertainty about the impact of the Goods & Services Tax in 1991 and beyond, the Council feels it necessary to ensure assistance so that this new Industrial Park becomes a reality as soon as possible; and WHEREAS because the Council is committed to provide a supply of land of the uppermost quality for a prestigious Industrial Park, thereby increasing employment opportunities in our City; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the city of Niagara Falls hereby requests that Premier Bob Rae and the Hencurable Floyd Laughten, Deputy Premier, Treasurer of Ontario, and their cabinet colleagues assist the City with the development of the Montrose Business Park through funding under the community Economic Transformation Agreement; AND the Seal of the Corporation be hereto affixed. 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. BY-LAWS OREBRED on the motion of Alderman Hinsperger, seconded by Alderman cowan, that leave be granted to introduse the followleg by-laws, and the by-laws be read a first time~ No. 90-296 - A by-law to amend By-law No. 79-2000, as amended. (AN-7/89 D. DiCienzo, St., S/W side of Niagara River Pkwy.; Report PD-89-187 approved by Council December ll, 1989). No. 90-297 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on city Roads. (Parking). No. 90-298 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Oversight Parking Permits & Interpretations). No, 90-299- 8 A by-law to authorize the execution of an agreement with Tony Rayends. No. 90-300 - A by-law to provide for the levy rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal amount of $1,530,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. No. 90-301 - A by-law to authorize the execution of an agreement with Kenmore Homes (1987) Inc. respecting exemption from part lot control for the Drummond Park Village Extension No. 5 plan of subdivision. (PD-90- 149 November 12th, 1990). No. 90-302 - A by-law to provide monies for general purposes. The motion Carried with Alderman Ward abstaining from the vote on By-law NO. 90- 296 on a conflict of interest previously recorded under Report No. PD-90-159; with Aldermen Craitor, Hendershot, Hinsperger and Janvary voting contrary on By- law No. 90-296, as previously recorded under Report No. PD-90-159; with Aldermen Cowan, Cummings and Shetar voting contrary on By-law No. 90-298, as previously recorded under Report No. MW-90-292; with Aldermen Cummings, Hineperger and Sherar abstaining from the vote on By-law No. 90-302 on conflicts of interest previously recorded under Report No. F-90-63; with Aldermen err and Puttick voting contrary on By-law No. 90-302 as previously recorded under Report No. F- 90-63; and with all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 90-296 - A by-law to amend By-law No. 79-2000, as amended. (AM-7/89 D. DiCienzo, St., S/W side of Niagara River Pkwy.; Report PD-89-187 approved by council December 11, 1989). 90-297 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking). No. 90-298 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Overnight Parking Permits & Interpretations). No. 90-299 - A by-law to authorize the execution of an agreement with Tony Ravenda. NO, 90-300 - A by-law to provide for the levy rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal amount of $1,530,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. No, 90-301 - A by-law to authorize the execution of an agreement with Kenmore Homes (1987) Inc. respecting exemption from part lot control for the Drummond Park Village Extension NO. 5 plan of subdivision. (PD-90- 149 November lath, 1990). No. 90-302 - A by-raw to provide monies for general purposes. The motion CarTied with Alderman Ward abstaining from the vote on By-law No. 90- 296 on a conflict of interest previously recorded; with Aldermen Craitor, Hendershot, Hineperger and janvary voting contrary on By-law No. 90-296, as previously recorded; with Aldermen Cowant Cummings and Sherat voting contrary on By-law No. 90-298, as previously recorded; with Aldermen Cummings, Hinsperger and Sherat abstaining from the vote on By-law Me. 90-302 on conflicts of interest previously recorded; with Aldermen err and Puttick voting contrary on By-law Me. 90-302 as previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OP INTBREST$ Beard of Education Meeting - Alderman campbell referred to the previously expressed concerns of council with respect to the increasing costs of the School Beards, and suggested that a - 9 - partnership between the Boards of Education and Transit within this Municipality and the Niagara Peninsula might cut costs of school transportation. His Worship Mayor Smeaton offered to investigate this matter and report back to Council. Niagara Falls Thunder Games - Alderman Cummings provided information with respect to the reachedcling of hockey games for the Niagara Falls Thunder team to February 16th and 23rd, 1991 in the afternoon, to be seen on Global TV; and on February 4th, 1991, from Oshawa, to be seen on TSN. ***** It was moved by Alderman Ward, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.C. WAGG, CITY CLERK MAYOR SMEATON FORTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 December 3, 1990 Council met on Monday, December 3rd, 1990, at 7:15 p.m., in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton who was representing the City on Niagara Falls Night at the ABA Convention, were present. Alderman Ward presided as Chairman. Following consideration of the items presented~ the Comaaittee of the Whole arose without reporting. READ AND. ADOP D, ~.=.'W=G=,' ITi~ 'ACTING MAYOR NORMAN PUTTICK RESOLUTION No. 86 - HINSPERGER - HENDERSEOT - RESOLVED that Alderman Norman Puttick be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton, on Monday, December 3rd, 1990; AND the Seal of the corporation be hereto affixed. Carried Unanimously. REGULAR MEETING Council Chambers December 3, 1990 Council met on Monday, December 3rd, 1990, 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 representing the City on Niagara Falls Night at the ABA Convention, and Alderman Hopkins who was at a business meeting, were present. Acting Mayor Norman Puttick presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the minutes of the meeting held November 26th, 1990, be adopted as printed. Carried Unanimousiv. COMMUNICATIONS No. 349 - To~na of vaughan - Re: Ontario Municipal Board. The communication asks Council to endorse a resolution petitioning the Ontario Government to conduct a full review of the role and operation of the Ontario Municipal Board. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the communication be tabled for Staff comments. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Cu~nings, Hendershot, Sherar and Ward. NAYE: Aldermen Hinsperger, Janvary and err, and Acting Mayor Puttick. No. 350 (HANDOUT) - Joseph T. Foresi Jr., Foresi productions Znc. - Re: Foresi Productions Beatlemania show, Niagara Falls Arena, December 31, 1990. The communication requests a special Occasion Permit for the event. ORDERED on the motion of Alderman cummings, seconded by Alderman Minsperger, that Council indicate it has no objection to the issuance of a Special Occasion Permit to Foreel productions Inc. # in conjunction with the presentation of the - 2 - Beatlemania Show, to be held on Monday, December 31, 1990, at the Niagara Falls Memorial 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- REPORTS CD-90-73 - Chief Administrative officer - Re: Proposed Plan of Condominium Subdivision; File No.: 26-CD-90022 (1); Owner: Cherrywood Gardens Development Ltd., Mr. Harold Wakil, president. The report recommends that the City clerk be authorized to process the application for the cherrywood place Condominium subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. ORDERED on the motion of Alderman Cowan, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. R-90-40 - Chief Administrative Officer - Re: Niagara South Arena - New Spectator Heating. The report recommends that this report be received and filed, and further, that Council acknowledge the commitment made by the Chippawa Volunteer Firefighters and the Chippawa Merchants Jr. "C" Hockey Club to add spectator heating at the Niagara South Arena at a Cost of $9,944.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted, and a letter of appreciation be forwarded through Mayor Smeaton's office. carried Unanimously. R-90-41 - chief Administrative Officer - Re: Arts and Culture Needs Study. The report recommends that a community-wide study of Arts and Culture needs be included as a component of the Terms of Reference for the 1991 Parks and Recreation Master Plan Update. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-90-89 - Chief Administrative Officer - Re: 11001 Niagara River Parkway RadoJcic & Radulovich. 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 Ward, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. B-90-90 - Chief Administrative Officer - Re: 10319 Stanley Avenue, Henderson. The report recommends that the Corporation retain a work crew to forthwith complete the Order of the Property Standards Officer. Mr. Fred Henderson, owner of the property, expressed his concerns regarding the report and his understanding that the order had been complied with. it was agreed that the property would be visited prior to any action being taken. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. B-90-91 - Chief Administrative Offloot - Re~ Letters of Compliance Fees. The report recommends that Council approve a change in the fee charged by the Buildings & Inspections Department for letters of compliance from $40.00 to $50.00 and that the resolution appearing on tonight's uganda be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report be received and adopted· Carried Unanimously. See Resolution No. 87. MW-90-278 - Business Park Committee - Rex Tree Removal - Moatrose Business Park. The report recommends that the by-law appearing on tonight's uganda, 'authorizing - 3 - the execution of an agreement with Upper canada Forestry Consulting Ltd., be approved. In consideration for the removal of the trees, Upper Canada Forestry Consulting Ltd., will pay the City Of Niagara Falls, a sum of $1,725.00. Aldermen Cummings and Shetar declared conflicts of interest because their employer is involved. ORDERED On the motion of Alderman Cowan, seconded by Alderman Ward, 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, Hendershot, Janvary, err and Ward. NAYE: Aldermen Craitor and Hinsperger, and Acting Mayor Puttick. See By-law No. 90-305. MW-90-288 - Chief Administrative Officer - Re: Rehabilitation of Centre Street. The report recommends the following: 1) That a community improvement project area be established by by-law for the Centre Street area; 2) That a PRIDE application be submitted to the Province for funding assistance by December 31, 1990; 3) That the Centre Street Rehabilitation Project, scheduled for construction commencement in the Spring of 1991, be deferred until the Spring of 1992, with the completion of a 2-Phase construction timetable for Centre Street, in the Spring of 1993; 4) That the property owners on Centre Street be advised of the revised construction schedule. ORDERED on the motion of Alderman Janvary, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. MW-90-294 - Chief Administrative Officer - Re: Quotation for Joint sealing of sewers on Keiffer Street, Dianne Street, Queensway Gardens, Dirdene Street, Queensway Crescent and Dianne Crescent. It is recommended that the quotation submitted by Tel-Eye Services, Picketing, Ontario, to test and joint seal sewers on the above noted streets, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimouely.,. MW-90-295 - Chief Administrative Officer - Re: portable Building - City-Wide Infrastructure Needs program. The report recommends that City council authorize the lease of a portable building from Niagara Roleeatable Buildings, at a cost o~ S550.00 per month, for city-wide INP staff with a set up cost of $5,100.00. Acting Mayor Puttick advised that this report had been withdrawn from the agenda. MW-90-299 - Municipal Works Committee - Re: Committee Report: Cakes Drive - Dunn Street to Livingstone Street Crosswalk installation and Markings. The report recommends the following: 1) That all existing crosswalks on Cakes Drive, between Dunn Street and Livingstone Street, be eliminated immediately with an asphalt sealer being used to cover existing lines; and 2} That Staff further investigate to determine whether or not a crosswalk ie needed in this location, with a report being prepared, to be discussed at a future Municipal Works Committee Meeting, in order that this matter may be resolved before the upcoming 1991 Tourist Season. - 4 - ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger, that the report be received and adopted. The motion carried with the following vote: Aldermen Campbell, Cowan, Craitor, Janvary, err, Sherat and Ward. NAYE: Asting Mayor Puttick. Cummings, Hendershot, Hinsperger, MW-90-300 - Municipal Works Committee - Re: Committee Reports. The report recommends the following: 1) MW-90-287 - City Initiation of Road, curb & Gutter and Improvement Works - It is recommended that: Sidewalk Local (1) The City of Niagara Falls initiate Local Improvement By-laws, under Section 12 of the Local Improvement Act, Chapter 250 for: (a) Road improvements and curbs & gutters on stamford Green Drive, St. Patrick Avenue, Brock Street and Linden Avenue; (b) Sidewalks on the north side of Stamford Green Drive between house No. 6505 and 6759 Stamford Green Drive; (o) Sidewalks on the west side of St. Patrick Avenue in front of houses 6327 Stamford Green Drive and 3209 St. Patrick Avenue; (2) The curb & gutter works on St. Patrick Avenue and Brock Street, and sidewalk works on St. Patrick Avenue and Stamford Green Drive, be included in the amount of $75,000.00 for consideration in the 1991 Capital Budget. 2) MW-90-254 - Emery Street Parking in the Vicinity of the Flora R. Salvage Company - It is recommended that parking be restricted on the south side of Emery street anytime, from Gladstone Avenue to a point 96 m east of Gladstone Avenue. 3) MW-90-286 - 1989-90 Pilot Leaf Composting Program - It is recommended that City Council receive and file the report on the 1989- 90 Pilot Leaf Composting Program. 4) MW-90-283 - Changes to Metered Parking on Bucklay Avenue - It is recommended that: (1) Parking be restricted on the east side of Buckley Avenue, from Park Street to a point 47 m south of Park Street, to conform to the regulations in Traffic By-law 89-2000; and (2) The by-law amending By-law 89-2000 (being a by-law to regulate parking and traffic on city roads), appearing later on tonight's agenda, be approved. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-306. MW-90-301 - Chief Aa-inistrative officer - Rat Lewis Avenue Parking Restriction By-law. The report recommends that the by-law amending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads), appearing later on tonight's agenda, be approved. ORDERED on the motion of Alderman campbell, seconded by Alderman cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-306. MW-90-302 - Municipal Works ~--lttee - Rat Committee Reports. The Chief Administrative Officer advised that this report was considered at the Municipa~ Works Committee earlier this evening, and a decision was made to withdraw it from this evening's agenda. - 5 - F-90-66 - Chief Administrative Officer - Re: Municipal Accounts. The report reco~mends that the accounts totalling $1,381,704.30 for the period ending Dece~er 3rd, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 63811 and 63812 because a me~er of his family is employed with the company. Additional information was provided on Cheque Nee. 63884 and 63936. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nee. 63811 sand 63812 as previously recorded; and with all others voting in fayour. see By-law No. 90-307. RESOLUTION No. 87 - C~INGS - NINSPERGER - RESOLVED that WHEREAS the demand made to the Buildings and Inspections Department of the city of Niagara Falls for the provision of letters confirming compliance to zoning regulations and building regulations has resulted in increased Staff time; and WHEREAS the present charge being made for this service is inadequate; ~ NOW THEREFORE BE IT RESOLVED that the Buildings & Inspections Department of the City of Niagara Falls be authorized to charge a fee of Fifty Dollars ($50.00), effective January 7, 1991, for providing written confirmation as to the zoning of properties and any work orders that may be outstanding against the premises at the time of land transactions and/or the obtaining of mortgages; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 88 - CUMMINGS - HINSPERGER - RESOLVED that a message of condolence be forwarded to the family of the late Antonio Pietrangelo, a well known and respected member of the community; AND the Seal of the corporation be hereto affixed. carried Unanimously. BY-LAWS ORDERED on the motion of Alderman err, seconded by Alderman cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-303 - A by-law to amend By-law No. 79-200, as amended. (AM-9/90 A & L Bonato, Bonato Estates Subdiv., w/s St. Paul Ave.; Report PD-90-74 approved by council May 14/90). No. 90-304 - A by-law to provide for appointment to the Niagara Parks Commission. (Alderman Puttick). No. 90-305 - A by-law to authorize the execution of an agreement with Upper Canada Forestry Consultants Ltd. with respect to the Mentress Business Park. No. 90-306 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City roads. (Parking) (Lewis Avenue and Sucklay Avenue). No. 90-307 - A by-law to provide monies for general business. The motion Carried with Aldermen cummings and Sherat abstaining from the vote on By-law No. 90-305 on conflicts of interest previously recorded under Report No. MW-90-278; with Aldermen Craitor and Minsperger and Acting Mayor Puttick voting contrary on By-~aw No. 90-305 as previously recorded under Report No. MW- 90-278; with Alderman Ninsperger abstaining from the vote on By-law No. 90-307 on a conflict of interest previously resetdad under Report No. F-90-66; and with ell.others voting in fayour. - 6- ORDERED on the motion of Alderman Hinsberger, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: .. No. 90-303 - A by-law to amend By-law No. 79-200, as amended. No. 90-304 - A by-law to provide for appointment to the Niagara Parks Commission. No. 90-305 - A by-law to authorize the execution of an agreement with Upper Canada Forestry Consultants Ltd. with respect to the Montrose Business Park. No. 90-306 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City roads. (Parking) (Lewis Avenue and Buckley Avenue). No. 90-307 - A by-law to provide monies for general business. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on By-law No. 90-305 on conflicts of interest previously recorded; with Aldermen Craitor and Hinsperger and Acting Mayor Puttick voting contrary on By-law No. 90-305 as previously recorded; with Alderman Minsperger abstaining from the vote on By-law No. 90-307 on a conflict of interest previously recorded; and with all others voting in fayour. NEW BUSINESS Montrose Business Park - Transferable Funding - Alderman Hendershot asked when a report might be expected with respect to the transfer of Provincial funding. It was suggested that a report would be submitted by Mayor Smeaton at the next meeting of council. , , , · , It was moved by Alderman Ward, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ ADD D D, E.C. WAGG, CITY CLERK ACTING MAYOR NORMAN PUTTICK FORTY-THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #1 December 10, 1990 - Council met on Monday, December 10th, 1990, at 6:15 p.m., in Committee of the Whole. All members Of Council, with the exception of Alderman Ward' who was absent on business, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, PLANNING/REGULAR MEETING Council Chambers December 10, 1990 council met on Monday, December 10, 1990, at 7:30 p.m., for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Ward who was absent on business, were present. His Worship Mayor Smeaton presided as chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the minutes of the meeting held December 3rd, 1990, be adopted as printed. Carried Unanimously. PRESENTATION AMBASSADOR AWARD - COmmunication No. 351 - Niagara Falls Economic Development Agency Re: Ambassador Award. The contmunication advises that Mayor Smeaton and Robb McLeod, President~ EDA, wish to present an Ambassador Award to Gordon Wright Electric at the Council meeting. His Worship Mayor Smeaton welcomed to the meeting, Robb McLeod, President and other members of the Niagara Falls Economic Development Agency, as well as Gordon Wright Jr., and Scott Wright of Gordon Wright Electric. Mr. McLeod reviewed handout information pertaining to the Ambassador Award, and Gordon Wright Electric Limited. Mayor Smeaton congratulated and presented the Ambassador Award to Gordon and Scott Wright on behalf of the Economic Development Agency and members of City Council. DEPUTATION NIAGARA REGIONAL RESOURCE CENTRE SKILLS BUILDING pROGRAM - ORDERED on the motion of Alderman Janvary, seconded by Alderman Shetar, that this matter be brought forward. carried UnanimouslY. Communication No. 352 - The Niagara Citizens Advisory Committee - Rez Niagara Regional Resource center. The communication provides information regarding the Advisory Committee and the Skills Building programming for Niagara Area Residents. Mr. Robert Ciupa reviewed the program brief, which included a listing of the Board of Directors, goals, and research findings· He responded to · 2 - 2 - questions raised regarding the proposed site and number of residents, and asked Council to support the program in principle. ORDERED on the motion of Alderman Campbell, seconded by Alderman craitor, that the proposal be supported in principle, without prejudice, should a rezoning amendment be brought forward for Counoil's consideration.. Carried Unanimously. REPORTS - PLANNING MATTERS PD-90-163 - Chief Administrative officer - Re: ZoningAmendment ApplicationAM- 28/90, Nunzio Tanasi; Parts of 7901 and 7913 Thorold stone Road. The report recommends the following: 1) That Council support the,requested amendment to the Zoning By-law to change the zoning of the lands from Development Holding (DH) to the Residential ,Single~amily ID Density Zone (RiD) including the provisions of 40% minimum landscaped open apace and maximum lot coverage to 35%; 2) That Staff be directed to prepare the necessary by-law for enactment at a subsequent Council meeting; and 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 353A - Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment AM-28/90, Three Single Family Dwellings, off Thorold Stone Road. The communication advises that the Regional Planning & Development Department does not object to the amendment. Communication NO. 353B - Paul W. Darby - Re: Proposed Rezoning Between Thorold Stone Road and Foxe Drive, East of Cardinal Drive. The communication expresses opposition to the proposed rezoning and requests permission to address Council at the upcoming meeting and to present a petition. His Worship Mayor Smeaton declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. The Deputy clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on November 9th, 1990, 31 days ago. His Worship Mayor Smeaton received indication that Thomas W. Arthur, Solicitor, was in attendance on behalf of the applicants; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice Of the passage of the by-law submit their names and addresses to the clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in Technical Report No. PD-90-156: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. Mr. Darby submitted a petition, signed by residents in the Northwood Subdivision, opposing the application. Me expressed opposition to the application on behalf of the residents, in terms of the size of the proposed lots and houses, as well as a misunderstanding with respect to, and inadequacy of the notification to adjacent residents when the lots Were severed by the Land Division Committee. Mr. Arthur expressed appreciation of the concerns of residents in the area, stated that his client had followed the proper process for approval, that there were other 50 foot lots in the subdivision, and referred to the increased depth of the severed lots. Mr. Tanesi responded requestions raised regarding the size of adjacent lots, and plans for the subject property. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. 3 ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Hinsperger and Hopkins. NAYE: Aldermen Campbell, Cowan, Craitor, Cummings, Hendershot, Janvary, Puttick and Sherat. err, ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the application be denied. The motion carried with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Hendershot, Janvary, err, Puttick and sherat. NAYE: Aldermen Hinsperger and Hopkins. PD-90-164 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 30/90, Q.E.W. Mount Properties Inc.; Pt. Twp. Lots 27, 34 & 46 Former Twp. of Stamford, now City of Niagara Falls; Southwest corner of Mountain & Mewburn Rds. The report recommends the following: 1) That Council support an amendment to the zoning of the property to permit a religious facility to be constructed on the southerly third (Part 1) of t~e site, subject to the following conditions: (a) the minimum landscaped open space provision be maintained at 50%; (b) the minimum lot area, frontage, and setback provisions be amended to reflect the parcel's size and the setbacks proposed on the submitted site plan; and {c) the northerly two-thirds of the site (Parts 2 and 3) be zoned Deferred Tourist Commercial (DTC) as a form of interim land use control; 2} That the applicant complete a Storm Water Management Study to the satisfaction of the City's Municipal Works Department; 3) That sanitary flows generated by the church not exceed its proportionate amount of the 0.295 cfs capacity available for the lands on the west side of Mewburn Road; 4) That the storm water from the church site be directed to the Ten Mile Creek by means of an easement over Part 2; 5) That the applicant pay for the construction of sidewalks along the full frontage of the applicant's lands on Mewburn Road; 6) That the.applicant dedicate Part 1 of Plan 59R-6283 to the Region, being the lands which contain a sanitary sewer pumping station, and satisfy any requirements of the Regional Public Works Department; 7) That the property be made subject to Site Plan Control to address landscaping, grading, paving, lighting, and fencing, and to ensure the implementation of storm water management techniques; 8) That Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; and 9) That the applicant and the Regional Municipality of Niagara be advised accordingly. -AND - Communication No. 354 - John Brigis - Re: Zoning By-law Amendment Application No. AM-30/90. The communication expresses concern regarding the trees on the property and asks that this matter be clarified at the upcoming meeting. His Worship Mayor Smeaton declared the Public Meeting open and stated that the same procedure would be followed as in the previous application. -4 - The Deputy Clerk advised that the Notices of the Public. Meeting had been forwarded by prepaid first-class mail on November 9th, 1990, 31 days ~go, His Worship Mayor Smeaton received indication that Judy Pihach, Miller O'Dell Planning Associates, was in attendance on behalf of the applicantsi and received a positive response to his request for a show of hands by persons present who were interested in the application. Ne requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director Of Planning & Development discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in Technical Report No. PD-90-160: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan'Review. Mr. John Brigie stated that he was "not exactly opposed" to the application but was concerned about the three trees shown on the plan, at the corner of the subject lands. Ms. Pihach stated that the recommendations on Report No. PD-90-164 had been reviewed, and expressed concern regarding the 'timing of the implementation" of Nos. 5 and 6: payment of the sidewalks along the frontage on Mewburn Road, and dedication of lands containing a sanitary sewer pumping station. She requested that these items be implemented as part of the Site Plan Agreement during the planning process, and 'run with the land" rather than being part of the zoning. Ms. Pihach stated that the current plan was conceptual, that an offer to purchase the property had been received from a local church organization, and in response to the concerns of Mr. Brigis, advised that the trees would be part of the Site Plan Agreement. During the discussion, consideration was given to Item No. 3 of the Planning Review section on Report No. PD-90-164, with respect to the uses designated in the current Institutional (I) zoning of the lands. Ms. Pihach stated that this application was not intended to have a major facility, and was essentially a church development. 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 Cowan, that the report be received and the application approved, subject to the deletion of item No. 3 in the Planning Review. Carried Unanimously. PD-90-165 - Chief Administrative Officer - Res Zoning Amendment Application AM- 27/90, 5-0 Taxi Co. Ltd.; 8236 Beaverdams Road, Southeast Corner of Beaverdams & Kalar Roads. The report recommends the following: 1) That Council support an amendment to the zoning of the property to permit it to be used as a transportation centre for the dispatch and servicing of taxis and limousines, a towing business and a vehicle compound yard, subject to the following conditionst (a) that the maximum area permitted to be used as a vehicle compound yard be limited to no more than 50% of the sitel and (b) that a 3m (10 ft.) landscaping strip, including evergreen plantinge, be provided along Beaverdams Road and Kalar Road, except for those areas used for access ramps, to screen the vehicle compound yard from view and improve the overall appearance of the property; 2) That the applicant dedicate a 5m (16.4 ft.) road widening strip to the City along the property'e frontage on Kalar Road, investigate the feasibility of extending the Municipal sanitary sewer to the property, and pay the costs to construct sidewalks along the property's frontage on both Beaverdams and Kalar Roads, all to the satisfaction of the Clty's Municipal Works Department; - 5 - 3) 4) That the applicant dedicate to the Region, a 3m {10 ft.) road widening strip along the property's frontage on Beaverdams Road and a daylighting triangle with 7.62m (25 ft.) legs at the intersection of Beaverdams and Kalar Roads; That the property be made subject to Site Plan Control and that a site plan be approved by council and the applicant be required to enter into a site plan agreement with the City before the zoning by-law is prepared for enactment at a subsequent Council meeting; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. -AND - Communication No. 355 - Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment AM-27/90, Taxi Service & Dispatch, Towing and Vehicle Compound Yard; 8236 Beaverdams Road {Formerly Sirianni's Auto service). The communication advises that the Regional Planning Department is not opposed to the proposal, provided the City's concerns are address, and further that the comments of the Regional Public Works Department should also be addressed with respect to Regional Road 53. His Worship Mayor Smeaton declared the Public Meeting open and stated that the same procedure would be followed as in the previous application. ~ The Deputy Clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on November 9th, 1990, 31 days ago. His Worship Mayor Smeaton received indication that Mr. Frank Marotta, Solicitor, was in attendance On behalf of the applicants; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving themeeting. 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-90-162: Development Proposal; official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Control. There was a negative response to Mayer smeaton's request for comments from persons, other than the applicant or his agent, in fayour of the proposal; or those opposed to the application. Mr. Marotta explained the three alternatives which had been open to the applicant, and the decision was to apply for an amendment to the zoning by-law; discussed the permitted uses and compliance with the signage; referred to the improvements made to the property; and discussed the possibility that the landscaping might cause an obstruction at the intersection, and suggesting that the *viewing area be left open'. Be suggested that other landscaping plans might be made. Mr. Marotta stated that his client was opposed to the dedication of land for road widening, and suggested that this matter be left for future expropriation. He expressed concern with the condition pertaining to payment for sidewalks and stated that this might be covered by assessment to local improvement. Mr. Marotta advised that Recommendation No. l(a} was satisfactory; l(b) could be negotiated; Nos. 2 and 3 were not satisfactory; and suggested that No. 4, which was not applicable at the present time, could be considered through site plan control and s building permit at a later date. Alderman craitor declared a conflict of interest under Federal Government Privacy legislation. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the report be received and the application approved, subject to negotiations between the Planning, Engineering and Building Departments, and the developer. - 6 - It was further recommended that Recommendation Nos. 2 and 3 be retained. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hinsperger, Puttick and Sherat. NAYS: Alderman Hendershot. Hopkins, Janvary, Orr, PD-90-166 - chief Administrative Officer - Re: ZoningAmendment Application AM- 17/90 Martin & HO Ltd.; Proposed 13 Storey Hotel and condominium Development, Niagara Square Drive. The report recommends the following: 1) That City Council, prior to the passing of the amending by-law for the 13 storey hotel and condominium development on Niagara Square Drive, determine by resolution, in accordance with Section 34(16) of the planning Act, that the changes to the proposed by-law, after the holding of the Public Meeting, will not require the giving of a further notice; 2} That City Council enact the Mending by-law in accordance with Section 34(17) of the Planning Act. The Deputy Clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on June 22, 1990, for a Public Meeting which was held on July 23, 1990. His Worship Mayor Smeaton noted that the applicants were in attendance; and received a negative response to his request for a show of hands by persons present who were interested in this matter. The Director of Planning & Development indicated that this meeting was a follow-up to the Public Meeting to permit Council to pass a resolution with respect to any changes, and that a Public hearing was not required. He referred to the changes as passing of a by-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 89. See By-law No. 90-309. CD-90-78 - Chief Administrative Officer - Re: Consent Application - Mary Doherty B-534/90, Oliver Street and Welland Avenue. ~The report recommends that the information attached to this report be received by City Council for their consideration. Mr. Joe Doherty, the applicant and his agent, Mr. Brian Sinclair, Solicitor, were in attendance. Mr. Sinclair explained that Mr. Doherty had purchased the property some time ago with the intention of building on a portion of it, that he had since retired and wished to build a home on 0liver Street. He requested that the application be approved, subject to the freeze in Chippawa being lifted, and to conditions in the Infrastructure Needs Study. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be received and the application approved subject to the conditions of the Infrastructure Needs Study, and further, that the applicant work with Staff regarding the services. Carried Unanimously. UNFINISHED BUSINESS ENHANCING BNVXRONMEMTaL XNVBNTORY COMPUTBR CAPACITY - PD-90-161 - Chief Administrative Officer - Res Inventory Computer Capacity. (TABLED AT COUNCIL recommends the followingt Enhancing the Environmental 1990 11 26). The report 1) That council approve the outlined in this report; purchase of computer hardware and software as - 7 - 2) That Staff be directed to obtain quotations on the required computer hardware and software; and 3) That the transfer Of the necessary funds from the reserve account be authorized. ORDERED on the motion of Alderman Cummings, seconded by Alderman sherar, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 356 - Niagara South Board of Education - Re: City of Niagara Falls Attendance at Board Meeting. The communication advises that the Board has appointed a committee to meet with a Committee of City Council to discuss concerns. Alderman Campbell declared a conflict of interest because his wife was employed by the Board. Aldermen Hendershot and Janvary declared conflicts of interest because they were employed with the Board. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherar that Aldermen Craitor, Cummings, Puttick and Mayor Smeaton comprise a committee to meet with the School Hoard. The motion Carried with Aldermen Campbell, Hendershot and Janvary abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. No. 357 - City of Toronto - Re: Violence Against Women. The communication requests support of a Royal Commission on violence against women, in order that the Federal Government may take the necessary steps to meet their obligations for the safety of women. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be supported. Carried Unanimously. No. 358 - City of Cambridge - Re: Public Libraries User Rate. The communication requests support of a resolution to the Provincial Government to pass legislation allowing higher user rates, and requesting a study by the Province of public and school libraries in terms of duplication and appropriate place of service, and asking the Association of Municipalities of ontario to contact the Provincial Government for action to resolve matter. ORDERED on the motion of Alderman cummings, seconded by Alderman Hopkins, that the matter be tabled for comments from the local Library Board. Carried Unanimously. No. 359 - Tewn of Vaughan - Re: Property Taxes. The communication asks council to support a resolution to the provincial Government, to establish a commission of elected school board and Municipal representatives, to address and make recommendations for an effective resolution to achieve 60% funding and overall education financing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the resolution be endorsed. Carried Unanimously. No. 360 - Town of Vaughan - Re: Ontario Government Housing Policy. The communication requests support of a resolution to the Provincial Government to rescind the current housing policy, and review and establish a new policy with Munieipal representation- ORDERED on the motion of Alderman cummings, seconded by Alderman Hlnsperger, that the resolution be endorsed. Carried UnanimouslY. No. 361 - Niagara Peninsula Conservation Authority - Res Funding shortfall - Ministry of Natural Resources. The communication requests support of the - 8 - Authority's request to the Minister of Natural Resources to finalize the Review of the Authority'e program and provide funding as soon as possible, as well as immediate relief to the shortfall, through transference of a provincial grant from the provincial Capital Fund Budget to the Operating Budget of the Authority. It was moved by Alderman Hopkins, seconded by Alderman Hendershot, that the request be supported. The motion was Defeated with the following vote: AYE: Aldermen campbell, Hendershot, Hinsperger, Hopkins and Janvary. NAYE: Aldermen Cowan, Craitor, Cummings, Orr, Puttick and Shetar. ORDERED on the motion of Alderman Cowan, seconded by Alderman Orr, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Cummings, Janvary, Sherat. NAYE: Aldermen Hendershot, Hineperger and Hopkins. Orr, Puttick and - 9 - 2) That council pre-approve the 1991 gross operating budget amount of $684,400.00 (net $78,300.00 City share) in order to carry out the first year of the three year study; 3) That Council approve funding the Sewer Infrastructure Needs Program in 1991 in the amount of $42,800.00 from the Expansion & Renewal Fund; 4) That Council endorse the use of Region of Niagara Contract Sewer Monitoring Staff to assist the City in carrying out the three year study. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. The motion Carrie~ with the following vote: AYE: Aldermen Campbell, Cowan, Craitor, Hopkins, Janvary, Puttick and Sherar. NAYE: Alderman Orr. Cummings, Mendershot, Hinsperger, No. 362 (BaNDOEPE) City of Brantford - Re: Unemployment - Economic Difficulties. The communication refers to the increase in unemployment statistics for the Brantford area and other communities, and encourages Municipalities to forward a letter of concern to the Prime Minister. Following a discussion, it was moved by Alderman Hendershot, seconded by Alderman Hinsperger, that Mr. Rob Nicholson, M.P., be invited to attend a Council meeting to discuss concerns and respond to questions raised. Carried Unanimously. REPORTS CD-90-75 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision 'Sarah Place'; File No. 26-CD-90004(1), Owner: 766351 Ontario Inc. The report recommends that the Sarah Place Condominium Subdivision be approved subject to the conditions enumerated in this report. Alderman Hopkins declared a conflict of interest because his employer has a business interest. Mr. John Kendall addressed Council with respect to the expansion and renewal charges. He advised that the charges had been increased from $350.00 to $750.00, and requested that the charges be returned to the original amount. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Minsperger, Janvary, Puttick and Sherat. NAYEx Aldemman Craitor. B-90-92 - Chief Aa'inistrative Officer - Rez The Buildings & Inspections Department Report for November 1990. The report provides information regarding Permits Issued end Highlights for November 1990, as well as December Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-303 - chief A~ministrative Officer - Rex City Wide Sewer Infrastructure Needs Program. The report recommends the following: 1) That Council authorize theposition of Infrastructure Needs ProgramTechnician for the City-Wide Infrastructure Needs Program as a Term Position, Grade Level 12, as within the CollectiVe Agreement with a salary range of $27,893.00 - $29,450.00 (1990 rates) - the contract is to be effective from February 1, 1991 to December 31, 1993; · g MW-90-304 - Chief Administrative Officer - Re: Regional Niagara's Request for the conveyance of Road Widenings on Montrose Road & Dorchester Road. The report recommends that the by-law appearing on tonight's agenda be passed, authorizing the conveyance to Regional Niagara of road widenings as requested. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. carried Unanimously. See By-law No. 90-313. MW-90-306 - Chief Administrative Officer - Re: Temporary Road Closure of Crowland Avenue from Yokom Road to Lincoln Street. The report recommends that the by-law appearing on tonight's agenda, authorizing the temporary road closure of Crowland Avenue from Yokom Road to Lincoln Street, from December 12, 1990 to December 24, 1990, be passed. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-311. F-90-67 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $506,596.42, for the period ending December 10th, 1990, be approved by the passing of the by-law appearing later On the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 63978 because a member of his family is employed with the company. Additional information was provided on cheque Nos. 64050 and 64055. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 63978 on a conflict of interest previously recorded; and with all others voting in fayour. See By-law No. 90-312. CD-90-7~ - Chief Administrative Officer - Re: AM-12/90, Restricted Area By-law 90-278; West side of Kalar Road; Cornwill Investments. The report recommends that Council reaffirm its approval of By-law 90-278, in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the by- law and letter of objection to the Board with the request for a Hearing. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE~ Aldermen campbell, cowan, Craitor, Janvary~ Orr, Puttick and Sherat. NAY~ Alderman Hopkins. Cummings# Hendershot, Hinsperger, · 10 - 10 - CD-90-77 - chief Administrative officer - Re: AM-20/90, Restricted Area By-law 90-276; Northwest Corner of Huron Street & Zimmerman Avenue; charles H. & Lucille Royer. The report recommends that Council reaffirm its approval of By-law 90- 276, 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 Orr, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 89 - HINSPERGER - CUMMINGS - 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-17/90 Martin & Ho Ltd., 7273 Niagara Square Drive) for the Niagara Falls Planning Area, are minor An nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 90 - HOPKINS - J]~NVARY - RESOLVED that a message of condolence be forwarded to the family of the late A. Carl Huggins, former City Manager of the City of Niagara Falls, a well known and highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 91 - HOPKINS C~14MINGB RESOLVED that Council support the proposed application to Divisional Court by Reclamation Systems Inc., for a Judicial Review of N.E.C. Amendment 52/89, and authorize the City Solicitor to appear before the Divisional court in support of the application and to take all necessary steps related thereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 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 timel No. 90-309 - A by-law to amend By-law No. 79-200, as amended. (AM-17/90 Martin & Ho Ltd., NWCorner of McLeod Rd. & Niagara Square Rd.; Report PD- 90-119 approved by Council July 23, 1990). No. 90-310 NO. 90-311 - A by-law to amend By-law No. 79-200, as amended. (AM-24/90 Frank, Joe, Tony & Gus Gallo, W/s Drummond Rd.; Report PD-90~138 approved by Council October 15, 1990). - A by-law to temporarily close part of Crowland Avenue from Yokom Road to Lincoln Street. No, 90-312 - A by-law to provide monies for general purposes. No. 90-313 - A by-law to authorize the conveyance of road widehinge in fayour of The Regional Municipality of Niagara. The motion ¢~rried with Alderman Hlnsperger abstaining from the vote on By-law No. 90-312, on a conflict of interest previously recorded under .Report No. F- 90-671 and with all others voting in layout. ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger# that the following by-laws be now read a second and third tlmql No, 90-309 - A by-law to amend By-law NO. 79-200, as amended. · . 11 - 11 - No. 90-310 - A by-law to amend By-law No. 79-200, as amended. No. 90-311 - A by-law to temporarily close part of Crowland Avenue from Yokom Road to Lincoln Street. No. 90-312 - A by-law to provide monies for general purposes. No. 90-313 - A by-law to authorize the conveyance of road widehinge in fayour of The Regional Municipality of Niagara. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 90-312, on a conflict of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCEREI Freeze on City Hiring - Alderman Orr discussed the current recession and the need to provide services with reduced revenues, and potential layoffs. She suggested that the position of the Environmental Planner not be filled at this time. ~ It was moved by Alderman Orr, seconded by Alderman Puttick, that a freeze be placed on hiring new personnel within the City, and further, that if a replacement was required for a vacant position through attrition, the matter be submitted to council for consideration. The motion was Defeated with the following vote: AYE: Aldermen Orr and Puttick. NAYE: Aldermen Campbell, Cowan, Hopkins and Shetar. Craitor, Cummings, Hendershot, Hinsperger, User Fee - International Bridges - Alderman Cummings referred to a recent newspaper article which suggested a 'user fee" of $5.00 to $10.00 for the use of the International Bridges, and discussed the "drastic effect" on the tourist industry and on the movement of residents over the International border. It was moved by Alderman Cummings, seconded by Alderman Craitor, that a letter be forwarded to the Federal Government expressing Council's opposition to the suggested fees. The motion was Defeated with the following vote: AYEI Aldermen Craitor, Cummings and Hinsperger. NAYE: Aldermen Campbell, Cowany Hendershot, Hopkins, Janvary, Orr, Puttick and Sherat. Information Requested - Transferable Funds & Food Bank - Alderman Henderson requested information regarding the transferability of the CBTA grant with respect to the Montrose Business Park; and the impact of the Niagara Food Bank on project S.H.A.R.E. His Worship Mayor Smeaton agreed to provide the requested information. , · , · · It was moved by Alderman Janvary, seconded by Alderman Orr, that the meeting adjourn. Carried UnanimouslY. READ AND ADOPTED, FORTY-FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room 1 December 17, 1990 Council met On Monday, December 17, 1990, at 6:30 p.m., in Committee of the Whole. All members of Council were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, E.C. WAGG, CITY CLERK WILL REGULAR MEETING Council chambers December 17, 1990 council met on Monday, December 17, 1990, 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 Sherar offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the minutes of the meeting held December 10th, 1990, be adopted as printed. Carried Unanimousiv. TESTAMENTARY DEVISE The Solicitor referred to the recommendation, agreed to in committee of the Whole earlier this evening, that a Study be undertaken to review existing land use policies in the Willoughby and Crowland Township areas with respect to Testamentary Devise, and further, that the Handout Resolution and By-law prohibiting any uses except existing uses within those townships, be approved. Me advised that the interim control by-law was for a period of one year with a possible extension. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that the recommendation be received and adopted. Carried Unanimously. See Resolution No. 94. see By-law No. 90-329. pRESENTATIONS NIAGARA FALLS BREWING COMPANY - AMBASSADOR AWARD - Mr. Robb McLeod, president, Niagara Falls Economic Development Agency, introduced Mario Criveller, president; Bruno criveller, Chairman of the Board of Directors; and claude coriveau, General Manager of the Niagara Falls Brewing Company. He reviewed background data regarding this company's operation in the City of Niagara Falls, and the recent expansion of its facilities. His Worship Mayor Smeaton congratulated and presented the "Ambassador Award" to the representatives of the company - 2 - RECOGNITION AWARD - NIAGARA FAY~LS BLIND BOWLERS - His Worship Mayor Smeaton introduced Denise Koener, President; Roxey. Lee, Vice president; and Juile McCauley of the Blind Bowlers Association. He discussed the financial assistance given by the Association to the Niagara Falls Volunteer Bureau in December 1989, and 1990 through the Grants Review Process. Mayor Smeaton congratulated and presented a City of Niagara Falls Recognition Award to the representatives of the Association, expressing appreciation for their assistance to the Bureau. DEPUTATIONS THE NIAGARA FAIJuS pROFILE:' SERIES I EMPLOYMENT DISCUSSION pAPER - Communica~ion'No- 363 - Social Planning Council of Niagara Falls - Re: Niagara Falls Profile: Series I Employment Discussion Paper. The communication requests permission &o present the Employment Discussion Paper at the meeting. Mrs. Julie Darnay, Executive Director, Social Planning Council of Niagara Falls, reviewed information contained in the Employment Discussion Paper with regard to employment in the City of Niagara Falls. His Worship Mayor Smeaton expressed the appreciation of Council for the information provided. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. NEW MANUFACTURING COMPANY - NIAGARA FALLS EDA - Communication No. 364 - Wendy Canavan, Economic Development Officer, Niagara Falls Economic Development Agency (EDA) - Re: New Manufacturing Company. The communication requests permission to introduce Edwin and Margaret Kozicki, the principles of the new manufacturing company, and present them with the 'New Product Award'. Mr. Robb McLeod, President, Niagara Falls Economic Development Agency, introduced Edwin and Margaret Kozicki, owners of Fencast Industries Limited, manufacturers of mould aluminum fence parts, and specializing in barb wire arms. His Worship Mayor Smeaton congratulated and presented the 'New Product Award' to Mr. and Mrs. Kozicki, and expressed appreciation to these new corporate citizens. ARTS & CULTURE COMMISSION - UPDATE REPORT - Communication No. 365 - Bvan E. Hughes, Chairperson, Niapara Falls Arts & Culture Commission - Re: Annual Report 1990. The communication attaches the Annual Report for consideration at the Council Meeting on December 17th, 1990. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the communication be received and referred to the joint meeting of the Arts & culture commission and the Recreation Commission, to be held in January 1991, for comments. It was further recommended that the appointment period of the Recreation Commission members, and Arts & Culture commission members be extended to the end of February 1991. Carried Unanimously. COMMUNICATIONS No. 365 - Henk Koldenhof, The Niagara Falls 8kylon Oldtimers & Neal Chevy Oldsters - Rex Annual A1 Raid Memorial Oldtimers Hockey Tournament - January 17 - 20, 1991, at Stamford, Niagara South and Niagara Falls Memorial Arenas. The communication requests a Special Occasion Permit for the event. - 3 - ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Falls skylon Oldtimers & Neal chevy Oldsters, in conjunction with the Annual A1 Reid Memorial Oldtimers Hockey Tournament, to be held on January 17th, 18th, 19th, and 20th, 1991, at the Stamford, Niagara South and Niagara Falls Memorial 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. 367 - Welland county Roman Catholic Separate School Board - Re: Meeting with Board. The communication advises that the meeting with Council has been deferred until the coterminous Board meeting has considered the possibility of sharing services. Aldermen Hendershot and Janvary declared conflicts of interest because they are employed by the Board. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cununings, that the communication be received and filed. The motion Carried with Aldermen Rendershot and Janvary abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. REPORTS PD-90-168 - chief Administrative Officer - Re: Revised Schedules to the Valley Way (Buckley Avenue to Huron Street) Community Improvement Plan PRIDE 1990/1991. The report recommends the following: 1) That council receive the input of the public on the proposed community improvements; 2) That Council adopt, by resolution, the attached revised appendices to the Valley Way (Buckley Avenue to Huron Street) Community Improvement Plan; and 3) That this report and attached appendices be submitted to the Ministry of Municipal Affairs on or before December 31, 1990. His Worship Mayor Smeaton declared the Public Meeting open and requested comments from persons interested in the Community Improvement Plan. There was no one present in support of or iD opposition to the changes. Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the report be received and adopted. carried Unanimously. see Resolution No. 92. PD-90-169 - Chief Administrative Officer - Re: Notice of Joint council Meeting Tuesday, January 22, 1991 at 7:30 p.m., at the Red Jacket Inn, Niagara Falls, New York. The report recommends the following: 1) That this report be received and filed; and 2} That Council advise Staff of any additional items it wishes to add to the agenda. It was suggested that the problems with respect to the International Bridges be included in the agenda for the Joint Meeting. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimous~v. PD-90-170 - Chief Administrative Officer - Re: 1990-91 PRIDE Application for Centre Street Community Improvement Project Area. The report recommends that the City submit a 1990-91 PRIDE application to the Ministry of Municipal Affairs for the Centre street Community improvement project Area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. carried Unanimously. - 4 - HR-90-29 - Chief Administrative Officer - Re: Ontario Municipal Employees Retirement Board (OMERS) - Optional Service; The report recommends that Council authorize payroll deductions to be taken from certain non-union employees who have elected to purchase OMERS Optional Service. These deductions to commence in January of 1991. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. carried Unanimously. B-90-94 - chief Administrative Officer - Re: Parking Facilities - city Ball. The report recommends that Council approve the by-law appearing on tonight's agenda regarding Parking Facilities for City Hall. Following a discussion, it was moved by Alderman Puttick, seconded by Alderman err, that this report be tabled for further information. The motion was Defeated with the following vote= AYE: Aldermen Craitor, err and puttick. NAYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, Sherat and Ward. 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, Cowan, Cummings, Henderehot, Hlnsperger, Hopkins, Janvary, Sherat and Ward. NAYE: Aldermen Craitor, err and Puttick. See By-law No. 90-320. B-90-98 - Municipal parking Committee - Re: Revised Policy & Procedure for Cash- in-Lieu of Providing Parking Spaces. The report recommends that City Council approve of the revised 'Policies and Procedures for cash-in-Lieu of Providing Parking Spaces'. 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, Craitor, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, err, Sherat and Ward. NAYE: Alderman Puttick. B-90-96 - Chief Administrative Officer - Re: Housing Infrastructure Needs Program. Council was advised that this report had been withdrawn from the agenda. MW-90-305 - chief Administrative Officer - Re: 1990 Capital Budget Projects. The report recommends that the by-law for Queen Street/Valley Way P.R.I.D.E. appearing on tonight's agenda be passed, and the Local Improvement Works By-law, also appearing on tonight's agenda, be given first and second readings. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman err, that the report be received and adopted. Carried Unanimously, See By-law No. 90-318. .See By-law No. 90-319. MW-90-307 .- Chief Administrative Officer - Re: Appointment of Drainage Superintendent. The report recommends that Municipal council approve a by-law to appoint Richard Volplni as the City's Drainage Superintendent to deal with drainage concerns under the Drainage Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. - 5 - MW-90-308 - chief Administrative Officer - Re: Emery Street Parking in the Vicinity Of the Fiere R. Salvage Company (by-law}. The report recommends that the by-law amending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads} appearing later on tonlght'e agenda, be approved. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See By-law No. 90-316. MW-90-310 (H/%NDOUT) - Municipal Works Committee - Re: Committee Report: Carlton Avenue - Removal of the Existing Parking Restrictions. The report recommends the following: 1) That Parking be permitted on both sides Of carlton Avenue anytime between Culp Street and Barker Street; and 2) That the by-law amending By-law 89-2000 (being a by-law to regulate parking and traffic on City roads}, appearing later on in tonight's agenda, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90.-328. MW-90-313 - Municipal Parking committee - Re: Committee Report: Goods And Services Tax (GST} Parking Fund Effects. The report recommends the following: 1) That Council endorse the resolution from the Municipal Parking Committee objecting to the Goods and services Tax being applicable on parking meter revenue; 2) That this resolution be circulated to all Municipalities in Ontario, having a population of 50,000 or more, for consideration and endorsement; and 3) That this resolution and report be forwarded to The Right Hencurable M. Brian Mulroney, Prime Minister, and The Noncurable Michael Wilson, Minister of Finance, for their consideration. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 93. MW-90-316 (HANDOUT) - Municipal Works committee - Re: Committee Reports: The report recommends the following: 1) MW-90-315 - Waste Management Sub-COmmittee Report: Tipping Fees - It is recommended that: (1) A $50.00 per tonne Landfill tipping fee, and a $40.00 per tonne compost tipping fee be approved by-law, effective February 4, 1991, and that a schedule of fee rates, based on this amount, be part of that by-law; (see Schedule 'A' attached to Report MW-90-298) subject to deferral of the · residential" vehicle tipping fee portion of the schedule pending further review; (2) Commercial haulere be permitted to bring Niagara Falls originated waste to the Mountain Road Landfill, only under a manifest system controlled by the Municipality, effective February 4, 1991; (3) The per tonne rate be allowed to rise to market rate coupled with a tax related waste credit, and the corresponding rates in Schedule 'A' be so adjusted, effective July 1, 1991; and (4) The Municipality may require varying degrees of source separation from commercially hauled sources with non-compliance resulting in loss of the waste credit for the offending load, effective January 1, 1992. - 6 - 2) MW-90-314 - Waste Management Sub-Committee Reports Solid Waste Management Solutions - It is recommended that a commitment be given to address the outstanding problems, by the dates indicated as noted in the Summary attached to Report MW-90-296. 3) MW-90-311 - Landfill Charges and Information Systems - It is recommended that: (1) A computerized Landfill Charges and Information System be purchased at a cost not to exceed $66,000.00 as provided for in the 1990 Operating Budget; (2) Three permanent positions be approved to adequately staff the Landfill gate, to replace the existing two positions presently staffed by Seasonal Employees; and {3) Both of the above-noted recommendations not be implemented until receipt of Niagara Escarpment Commission approval. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-90-317 (HANDOUT) - Chief Administrative Officer - Re: Transfer of Easement from the Corporation of the City of Niagara Falls to River Realty Development (1976) Inc. at the W-5-2 Watercourse. The report recommends that the by-law appearing on tonight's Council agenda, to authorize the execution of a transfer of easement from the City of Niagara Falls to River Realty Development {1976) Inc., be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the report be received and adopted. carried Unanimously- see By-law No. 90-323. MW-90-318 (B~NDOUT) - Municipal Works Committee - Re: Committee Report: Large Volume Waste Collection. The report recommends the following: 1) That the collection of Landfill waste by City Forces be limited to ten (10) bags or cans, once per week, placed at the edge of a public roadway for each Municipal address. Maximum container size would be 0.170 cubic metres. Maximum weight of container and contents would be 15 kilograms (typical garbage bag easily accommodated); 2) That in addition to the above and subject to the same size, weight and location requirements, tree leaves, branches less than 3' maximum diameter and grass clippings would be collected, provided they are put out in transparent plastic bags, but only between the first Monday in May and the last Friday in November; 3) That in addition, our current recyclables would be collected from blue boxes or other approved containers from approved locations, no more than once per week from all Municipal addresses; 4) That the effective date of these recommendations be March 4, 1991; and 5) That townhouses and townhouse etyle condominiume presently being collected by hand, by City Forces, continue to be collected until June 30, 1991. Alderman Hopkins declared a conflict of interest ,on Recommendation No. 5 because his employer has a business interest. ORDERED on the motion of Aldermen Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion g_~ with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following votex AYEs Aldermen Campbell, Craltor, Cummingst Hendershott Hlnsperger, Janvary, err, Sherat and Ward. NAYEX Aldermen Cowan and Puttick. - 7 - F-90-68 - Chief Administrative Officer - Re: Borrowing By-law. The report recommends that the Council of the City of Niagara Falls authorize the borrowing of up to ten million dollars until the taxes for the year 1991 are collected, and that Council approve of the by-law appearing later on this agenda, which supersedes By-law 89-297. ORDERED on the motion of Alderman Cummings, seconded by Alderman Binsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-317. F-90-69 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $10,297,474.94 for the period ending December 17, 1990, be approved by the passing of the by-law appearing later on the agenda. Aldermen Rendershot and Janvary declared conflicts of interest on Cheque No. 64073 because they are employed with the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nee. 64074, 64102 and 64103 because a member of his family is employed with the company. Additional information was provided on Cheque No. 64183. ~ ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Aldermen Hendershot, Janvary and Hinsperger abstaining from the vote on cheque Nee. 64073, 64074, 64102 and 64103 respectively, on conflicts of interest previously recorded; with Alderman err voting contrary on cheque No. 64206; and with all others voting in fayour. See By-law No. 90-327 CD-90-74 - Chief Administrative Officer - Re: Municipal Conflict of Interest Act 1983, Declarations of conflict. The report recommends the following: 1) That Rule 9 of By-law 89-155 be amended by the addition of a Declaration of Conflicts of Interest section between Adoption of Minutes and Deputations on the Order of Business; 2) That Staff be instructed to prepare an appropriate by-law effecting this change to the Procedure By-laws; 3) That the remainder of the information contained in this report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-90-79 - Chief Administrative Officer - Re: Appointment to Niagara Falls Humane Society. The report recommends that Council select an appointee to serve the remainder of the term (the balance of 1990 and 1991) as a citizen representative to the Humane Society. Following a secret ballot, Alexander S. Glen was appointed as Council's representative, to the Humane Society Board. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-90-80 - Chief Administrative officer - Re: Appointments to Bodies. The report recommends the followingx 1) That council select appointees to serve for further terms on the Greater Niagara Transit Commission and the Property Standards Committee; -8- 2) That the two vacancies on the Niagara Falls Board of Museums be filled by the appointment of.the two persons who submitted applications for the Board; 3) That no change be made in the method of appointing, by ballot, the top vote getters to fill vacancies, with the name of the person receiving the least number of votes being eliminated on a subsequent ballot, in accordance with the system previously approved in Report CD-90-02, adopted by Council earlier this year; and that in the event of a tie vote, the provisions of the Municipal Elections Act be used. (From a survey of area Municipalities, it was determined that while no formalpolicies exist as to tie votes, all would rely upon the provisions of the Act, which provides for the drawing of lots in the event of an equality. of votes). Following a secret ballot, the following persons were selected as Council~s appointees: 1) Greater Niagara Transit Commission - Appointed for the Term of 1991 and 1992: Anthony DiGiacomo and Wayne A. (Bart) Mares. 2) Niagara Falls Board of Museums - Appointed for the Term of 1991, 1992 and 1993: Anne Angelone and Sherman Zavits. 3) property Standards Committee - Appointed for the Term of 1991, 1992 and 1993: Gord Goulty. ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that the report be received and adopted. Carried UnanimouslY. S-90-25 - chief Aa-inistrative Officer - Re: 502759 Ontario Ltd., Proposed 'Days Inn", Judicial Review Proceedings. The report recommends that Council confirm the filing of a Notice of Appearance and authorize the City Solicitor to attend at the Judicial Review proceedings and to take whatever legal steps are necessary to protect the City's interests in this matter. ORDERED on the motion Of Alderman err, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. S-90-26 - chief Administrative Officer - Re: Appeal Proceedings, A. Giammattolo/ Pine Tree Village Mobile Home Park; 2175 Mewburn Road, Niagara Falls. The report recommends that council appeal the decision of the provincial Offshoes Court, in the dismissal of charges against A. Giammattolo and authorize the city Solicitor to file a Notice of Appeal end to take whatever legal steps are necessary to protect the City's interests in this matter. His Worship Mayor Smeaton advised that he had received correspondence from Mr. Giammattolo's Solicitor, which suggested a meeting for discussions of concern. The City Solicitor expressed the opinion that there was no difficulty, if council passes the recommendation to appeal, in a meeting being held on a "without prejudice" basis. ORDERED on the motion of Alderman err, seconded by Alderman Ninsperger, that the report be received and adopted. The motionarr~E/~with the following vote: AYE: Aldermen Cowan, craitor, cun~ings, Hendershot, Hlnsperger, Hopkins, Janvary, err, Sherat and Ward· NAYE: Aidemen Campbell and Puttick. CD-90-68 (BANDOUT) - chief Administrative Officer - Rez Council and Committee Meeting Schedule 1991. The report recommends that this report be received by Council and tabled for consideration at its meeting of January 7, 1991. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and the schedule adopted as distributed. Carried Unanimously. - 9 - RESOLUTIONS No. 92 - JANVARY - HINSPBRGER - RESOLVED that the City of Niagara Falls adopts the revised appendices attached to Staff Report PD-90-168, for the Valley Way (Bucklay Avenue to Huron Street) Community Improvement Plan; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 93 - CUMMINGS - HINSPERGER - RESOLVED that WHEREAS, due to the difficulty in collecting the New Goods and Services Tax from the public for the use of parking meters; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls endorse a resolution from the Municipal Parking Committee objecting tO the Goods and Services Tax being applicable on parking meter revenue; and BE IT FURTHERRESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests that The Right Hencurable M. Brian Mulroney, Prime Minister, and The Hencurable Michael Wilson, Minister of Finance, consider the removal of the New Goods and Services Tax from parking meter revenues; and BE IT FURTHER RESOLVED that this resolution be circulated to all Municipalities in Ontario, having a population of 50,000 or more, for consideration and endorsement; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 94 - BINSPERGER - HOPKINS - RESOLVED that a study be undertaken to review the existing land use policies and regulations governing those parts of the former Townships of Willoughby and Crowland, now in the City of Niagara Falls, and the incidence of development through testamentary devise, and that an Interim Control By-law be passed for a period of one year, to allow sufficient time for the study to be completed; AND the Seal of the Corporation be hereto affixed. carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first and second time: No. 90-319 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. CarriedUnanim~ 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. 90-314 - A by-law to amend By-law No. 79-200, as amended. (AN-25/90 Donald & Julia MacDonald-Ross, 5463 Jepson St.; Report pD-90-152 approved by Council November 12/90}. No. 90-315 - 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-25/90 DOnald S Julia MacDonald-Ross). No. 90-316 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads.(Parking) (Emery Street). Ne. 9Q-317 - A by-law to authorize the borrowing of ten million dollars for current expenditures for the year 1991. .... 10 - 10 - No. 90-318 A by-law to authorize the construction of works in the City of Niagara Falls Community Improvement Project Area (Valley Way from approximately Huron Street to Victoria Avenue and Queen Street from 8uckley Avenue to Victoria Avenue). No. 90-320 - A by-law to authorize the reconstruction of a City Hall Parking Lot. NO. 90-321 - A by-law to authorize the execution of an agreement with Derlan Manufacturing Inc., carrying on business as Tel-Eye Services, for testing and joint*sealing of sewers. (Report MW-90-294 approved by Council December 3/90). No. 90-322 - A by-law to authorize the execution of an agreement with Colonial Motor Inn Ltd.(Report PD-90-159 approved by Council November 26/90). No. 90-323 - A by-law to authorize the execution of a Transfer of Easement to River Realty Development (1976) Inc. No. 90-324 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited respecting the Chippawa Revitalization Strategy Study. (Report B-90-81 approved by Council November 5/90). No. 90-325 - A by-law to authorize the execution of an agreement with The Ministry of Housing respecting a grant. (Report B-90-54 approved by Council July 9, 1990). No. 90-326 - A by-law to designate certain land not to be subject to part lot control. {Drummond Park Village Ext. S; Report PD-90-149 approved by council November 12/90). NO. 90-327 - A by-law to provide monies for general purposes. No. 90-328 - A by-law to amend By-law NO. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) (Carlton Avenue). No. 90-329 - A by-law to prohibit certain uses of land in the Willoughby and Crowland areas. The motion Carried with Aldermen Craitor, Orr and Puttick voting contrary on By- law No. 90-320 as previously recorded under Report No. B-90-94; with Alderman Ward abstaining from the vote on By-law No. 90-322 because of a business interest] with Aldermen Hopkins and Janvary voting contrary on By-law No. 90- 322; with Aldermen Hendershot, Hinsperger and Janvary abstaining from the vote on By-law No. 90-327 on conflicts of interest previously recorded under Report No. F-90-69; with Alderman Orr voting contrary on B~-law No. 90-327 as previously recorded under Report No. F-90-69] 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 timex No. 90-314 - A by-law to amend By-law No. 79-200, as amended. NO. 90-315 - 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 subsestion 5 of section 40 of the Planning Act, 1983. No. 90-316 - A by-law to amend By-law No. 89-2000, beings by-law to regulate parking and traffic on city Roads.(Parking) No. 90-317 - A by-law to authorize the borrowing of ten million dollars for current expenditures for the year 1991. NO. 90-318 A by-law to authorlee the construction of works in the City of Niagara Falls Community Improvement Project Area (Valley Way from approximately Huron Street to Victoria Avenue and Queen Street from BuekleF Avenue to Victoria Avenue). 11 - 11 - No. 90-320 - A by-law to authorize the reconstruction of a City Hall Perking Let. No. 90-321 - A by-law to authorize the execution of an agreement with Derlan Manufacturing Inc., carrying on business as Tel-Eye Services, for testing and joint sealing of sewers. No. 90-322 - A by-law to authorize the execution of an agreement with Colonial Motor Inn Ltd. No. 90-323 - A by-law to authorize the execution of a Transfer of Easement to River Realty Development (lg76) Inc. No. 90-32~ - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited respecting the chippawn Revitalization strategy Study. No. 90-325 - A by-law to authorize the execution of an agreement with The Ministry of Housing respecting a grant. No. 90-326 - A by-law to designate certain land not to be subject to part lot control. No. 90-327 - A by-law to provide monies for general purposes. No. 90-328 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) Ne. 90-329 - A by-law to prohibit certain uses of land in the Willoughby and Crowland areas. The motion Carried with Aldermen Craitor, Orr and Puttick voting contrary on By- law No. 90-320 as previously recorded; with Alderman Ward abstaining from the vote on By-law No. 90-322 as previously recorded; with Aldermen Hopkins and Janvary voting contrary On By-law No. 90-322; with Aldermen Hendershot, Hinsperger and Janvary abstaining from the vote on By-law No. 90-327 on conflicts of interest previously recorded; with Alderman Orr voting contrary on Ey-law No. 90-327 as previously recorded; and with all others voting in fayour. NEW BUSINESS His Worship Mayor Smeaton wished everyone in attendance a "Merry Christmas'. , , , , It was moved by Alderman Ward, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.C. WAGG~ CITY CLERK