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Minutes1990(A)FIRST MEETING COMMITTEE OF THE WHOLE Committee Room January 8, 1990 Council met on Monday, January 8th. 1990, at 6:45 p.ra., 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, .... REGULAR MEETING Council Chambers January 8, 1990 Council met on Monday, January 8th, 1990, at 7:30 p.m., for the purpose of considering regular bus~ness. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. ONE MINUTE'S SILENCE AND PRAYER A moment of silence was held in Memory of the late Reverend Charles H.S. Cheesmau, Alderman of the City of Niagara Falls; and the former Councillor and Reeve of the former Township of Stamford, former Alderman of the City of Niagara Falls, and former Regional Councillor, Edward E. Mitchelson; AND the following Prayer: "Shall we Pray, Dear God ... It is with a feeling of loss, we stand on the threshold of a New Year. We have been saddened by the passing of Charles Cheesman and Ed Mitchelson, both of whom will be long remembered for their untiring efforts and complete dedication to the betterment of our City and its people. They were truly statesmen. Help us to acknowledge their contribution by embodying in our own lives and actions, those attributes for which both were recognized, namely truth and fair play. While we mourn their passing, we are grateful for the opportunity we had to work with them. Grant to each of us a sense of purpose, to build rather than tear down, to create rather than destroy, to see ourselves as our brother's keeper. As we stand at the gate of the year, we do indeed seek "that light that we may tread safely into the unknown". Grant to each of us the wisdom to go into the unknown and place our trust in Your hands knowing "that shall be better than a light and safer than the known way". - 2 - ADOPTION OF MINUTES ORDERED On the motleo of Alderman Cummings, seconded by Alderman Sherar, that the minutes.of the meeting held December 18th, 1989, be adopted as printed. Carried Uuanimously. COMMUNICATIONS No. 1 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality Monthly Report for November 1939. The comaaunication attaches Report DEP-3035 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the comnunication be received and filed, Carried Unanimously. No. 2 - Regional Niagara Public Works Department - Re: Construction Progress Report to November 30, 1989. The communication attaches Report DEP-3029 for the infdi~atio~ ,bf Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hiasperger, that the communication be received and filed. Carried Unanimously. No. 3 - Bathurst Township Council - Re: Re-Cycling. The cor~nunieation asks support of a resolution urging the Provincial Government to take the initiative in seeking out or creating markets for a new re-cyclable industry. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that Council support the position. Carried Unanimously. No. 4 - Andrew S. Brandt, M.P.P., Leader of the Ontario Progressive Conservative Party - Re: The Proposed Goods & Services Tax. The communication attaches a copy of the proposal and requcsts conm~ents regarding the suggested Tripartite Commission. ORDERED on the motion of Alderman Herrington, seconded by Alderman Campbell, that the communication be referred to the Chamber of Commerce for comments. Carried Unanimously. No. 5 - City of Peterborough - Re: Transfer Payments. The communication asks support of a resolution regarding the impact of Provincial revenue measured against the rate ef inflation as a special levy over and above the City's 1990 annual tax requirements. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the communication be referred to Staff to submit a report for consideration. Carried Unanimously. No. 6 - M.L. Townsend, Director of Education, Niagara South Board of Education - Re: Community Use of Schools - 1988/89. The co~nunication attaches the Annual Report on the Community Use of Schools for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 7 - The Corporation of the Town of Milton ~ Re: Proposed Ontario Motorist Protection Plan. The communication attaches a summary of a critique by Ian Kirby, Chairman of the Canadian Bar Association, and requests support of a resolution to endorse the position of the Bar Association in opposing the.plan. ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Janvary, err, Shetar and Wax'd. NAYEi Alderman Puttick, Harrington, Hinsperger, Hopkins, - 3 - No. 8 - Honourable Ken Black, Minister of Provincial Anti-Drug Secretariat -Re: The Coramunities Dnited Against Drugs Grants Program. The communication cl~closes a copy of the Grants Application Form and Submission Guidelines, and advises that the deadline d~tes for the applications are February 1st and May 31st, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergcr, that the communication be referred to the Social Planning Council. Carried Unanimously. No. 9 - Alderman Libby Davies, City of Vancouver - Re: Canadian Mm~icipal Nuclear Weapons Pree Zone Network. The c~mmunication invites Council to join the Network. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the communication be received and filed. The motion Carried with the following vote: AYE: NAYE: Aldermen Co~an, Cun~nings, Hinsperger, Janvary, err, Puttick, Ward. Aldermen Campbell, Herrington and Hopkins. Shetar and No. 10 - Mayor William S. 8meaton - Re: Assessmeut Rolls. The communication is a copy of a letter to the Regional Assessment Commissioner in response to his letter rega~-ding the delay in the return of assessment rolls to January 26, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the com~unication be received and filed. Carried Unanimously. No. 11 - Ontario Horticultural Association - Re: Used Christmas Trees. The co~nunication commends the decision of Council to burn one-half of the City's 1989 Christmas trees, and chip the remainder; suggests that in 1990 all the trees should be chipped, and that the chips be available free of charge. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the cmm~unication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Puttick, Sherar and Ward. NAYE: Alderman Harrington. Hinsperger, Hopkins, Janvary, err, No. 12 - A~ssociation of Ontario Road Superintendents - Re: Road Supervisors Certification program. The communication advises that Joseph Gruninger has achieved the designation of Certified Road Supervisor. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspcrger, that Mr. Gruninger be commended for achieving his designation, and that the communication be received and filed. Carried Unanimously~ No. 13 - Minister of the Environment - Re: Environmental Achievement Awards. The communication requests a nomination for the Award. tlis Worship Mayor Smeaton suggested that the name of the Peter Grandoni family be considered for submission. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the commnnication be referred to the Environmental Planning & Greenlug Committee. Carried Unanimously. REPORTS HR-90-01 - Chief Administrative Officer - Re: Contract Position of Project Engineer, The report recommends that the by-law appearing on tonight~s agcnda appointing Edward Du~lovic to the contract position of Project ~ngineer, effective January 22, 1990, be adopted. ORDERED on the motion of Alderman ltinsper~er, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with the following vote: -4 - AYE: Aldermen Campbell, Cowan, Cummings, Janvary, Orr, Sherat and Ward. NAYE: Alderman Puttick. Harrington, Hinsperger, Hopkins, See By-law No. 90-09. PD-90-04 -Environmenta] Planning & Greenlug Committee - Re: Application by Trees Canada Pipelines Ltd., Pursuant to Section 58 of the National Energy Board Act, Blackhorse Extension. The report recommends the following: That Council support the pipeline route and mitigation measures proposed by Trans Canada Pipeline Ltd.; and 2) That a copy of this report and Council's decision on the matter be sent to the Trans Canada Pipelines Environmental Supervisor. Aldermen Cummings and Sherar declared couflicts of interest because the firm'which employs them is involved. Alderman Hinspergcr declared a conflict of interest because he has a monetary interest in Bell Canada, a major shareholder. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Cummings, Sherat and Hinsperger abstaining from the vote on conflicts of interest previously recorded; and with all others voting in fayour. CD-90-03 - Chief Administrative Officer - Re: Proposed Land Exchange, Atella Developments, Montrose Road. The report recommends that approval in principle be given to the proposed land exchange, subject to the condition that the cost of the preparation of any survey, agreement or any other legal cost, be the complete responsibility of the applicant, and subject to the feasibility of the lands being used as a subdivision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-90-Ol - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for December 1989. The report p~ovides information regarding Permits Issued and Highlights for December 1989, and recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. B-90-O2 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Radiator Repair Shop, ~488 Arthur Street; A-112/88. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Radiator Shop, and the site plan being drawing Number 1, and filed with the Buildings and Inspections Department of the City of Niagara ~alls on December 20, 1989, and that such approval be subject to the conditions contained in the report. Mr. A1 Shorthouse, 5704 Highland Avenue, the proponent, was in attendance. ORDERED on the motion of Aldermau Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-90-OI Chief Administrative Officer - Re: By-law to Authorize Road Reconstruction on: (i) Walnut Street; (ii) Unnter Street; (iii) Union Avenue; and (iv) Kitchener Street, from Victoria Avenue to Powell Avenue. The report recommends the following: l) That Council hear any person who claims that his/her land will be preJndictally affected by the by-law appearing on tonight~s agenda, to authorize the above-noted works; and 5 2) ltinsperger, - 5 - That subject to there being no valid objections, the by-law appearing on tonight's agcnda be passed by Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman that the report be received and adopted. Carlied Unanimously. See By-law No. 90-02. MW-90-O2 - Chief Administrative Officer - Re: Parking Lot - Snowplow~og. The report recommends that the by-law appeariug on tonight's Council agenda be given tile uecessary readiugs to a~lthor~zc the execution of the tender for tile Supply of Sex-vices, for the snowplowing of parking lots for the 1989/1990 winter season. ORDERED on the motiou of Alderman Ward, secouded by Aldermau Cowan, that the report be received aud adopted. _Carried Uuanimously. See By-law No. 90-05. MW-90-O5 - Municipal Works Coramittee - Re: Cnmmittee Report: Recommended Standard Design for Roadway/Watercourse Crossiugs in the City of Niagara Falls. The report recoImmends tire following: 1) That the following culvert alignment, end wall and sideslope treatment, and design styles be adopted as City Standards, to be used for watercourse crossings of City roadways in accordance with the following two styles: (a) Vertical ribbed or textured wing walls and aluminum handrails parallel to and adjacent to the sidewalk with 3:l sideslopes for culvert-road crossings with fill situatdons not exceeding one (1 metre above top of culvert ("Shallow Fill Situations"); (b) Guiderail along the right-of-way limits and parallel to the road with 3:t sideslopes down the embankment sideslopes to the extended ends of the culvert, which shall have vertical ribbed or textured wing walls protected by a 1.5 metre Mgh black vinyl chain link fence for culvert-road crossings with fill situations exceeding one (1) metre above top of culvert ("Deep Fill Situations"). 2) That the "Deep Fill Situations" design style be used for the design of the Mount Carmel Drive culvert crossing of the W-5-1 watercourse. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-11 - (H~DOUT) Municipal Works Connnittee - Re: Committee Report: 1990 Budget Approval for Sanitary Sewer Repairs on Dorchester Road from Dolphin Street to Thorold Stone Road. The report recommends the following: 1) That Finaucing in the 1990 Capital Budget in the amount of $350,000.00 be approved for sanitary sewer repairs on Dorchester Road from Dolphin Street to Thorold Stone Road; and 2) That the Capital Expenditures by-law, appearing on tonight's Council agenda for the debenture financing of this work in the amount of $350,000.00, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously~ See B~-law No, 90-08. F-90-~I - Finance Committee - Re: following: Cmmmittee Reports: The report recommends the 6 -6- 1) R-89-39, Junior "A" Agreement - It is recommended that Council approve Report R-89-39, Junior "A" Agreement and adopt the by-law appearing on this evening's agenda, giving effect to the changes noted. 2) Association of Kin Chxbs - It is recommended that Council receive and file the Association of Kin Clubs. request from the ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger, that the report be received and adopted. The motion Carried with the Alderman Puttick voting contrary on Recommendation No. 1, and with all others voting in fayour. See By-law No. 90-06. F-90-02 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,611,970.46, for the period endbig January 8th, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 54148 because a member of his family is employed by the Association; and a conflict of interest on Cheque No. 54171 because he is a member of the Association. Alderman Hinsperger declared a conflict of interest on Cheque Non. 54034, 54225 and 54349 because he has a monetary interest in the Company. Additional information was provided on Cheque Nos. 54010 and 54015. ORDERED on the motion of Alderman Janvary, seconded by Alderman'Cowan, that the report be received and adopted. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on Cheque Nos. 54148, 54171, 54034, 54225 and 54349, respectively, on conflicts of ~nterest previously recorded; with Alderman Hopkins voting contrary on Cheque Non. 54019, 54023 and 54345; and with all others voting in favour. See By-law No. 90-10. F-90-03 - Chief Administrative Officer - Re: Niagara Portage Road Book. The report recommends that Council approve the award of the tender received from John Deyell Company, for the printing of "The Niagara Portage Road" book. Mr. George Seibel, 5616 Manor Road, the City Historian, was in attendance. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. CD-90-02 - Chief Administrative Officer - Re: Appointments to Boards, Commissions and Committees, The report recommends that Council select appointees to serve the appropriate terms on the following Boards, Commissions and Committees, and that these appointments be confirmed in a by-law to be passed later on this evening's agenda. Following a secret ballot, the following appointees were selected: 1) Niagara Falls Board of Muse~uns - Appointed for the term of 1990, 1991, 1992: Peter McKenna, Scott A. Caldwell and Donald A, Byers, Appointed for the tem~ of 1990 and 1991: April Petre-Antonio and Barbara Morellato. 2) Property Standards Committee - Appointed for the term of 1990, 1991, 1992: Frederick A. Hawkswell. · 7 3) Recreation Commission - Appointed for the term of 1990 and 1991: Kathy Pierson, Constance Ainslie, Michael Somerville, Gerald Cromack and George Gordon. Appointed for the term of 1990: Richard Harrington. It was agreed that the by-law with respect to the above mentioned appointments would be iaclnded in the January 15, 1990 agcnda. M-90-O1 - Mayor Smeaton - Re: Ad Hoc Committee - Report of the Niagara Region Review Commission. The report recommends that a special ad hoc comnlittce be established to review and report to Council their recommendatious relative to the report of the Niagara Review Coramission. Aldermen Harrington, Puttick, Sherat and Flayor Sraeaton volunteered to participate on this Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted, and that Alderman Puttick be appointed Chairman of the Committee. Carried Uuanimously. AIderman |larrington - Proposed Resolution - V~olcnce Towards Women ~ (COHNCIL 1989 I2 11 & 1989 12 18). His Worship Mayor Smeatou advised that the proposed resolution required rcconsideration, and explained the difficulties encountered with respect to this matter. Following a discussion, it was moved by Alderman Harrington, seconded by Alderman Campbell, that the resolution be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Harrington, Hopkins, Hinsperger, Janvary and Puttick. NAYE: Aldermen Cowan, Cumnings, OfF, Sherat and Ward. MW-89-249 - Municipal Works Committee - Re: Committee Report: New Position: Waste Management Co-Ordinator. The report, which was considered earlier this evening in Committee of the Whole, recommends that Waste Management Co-Ordinator Position be created on a two-year contract basis. This position, to be a Management position at a salary scale of ES3 ($31,900 - $35,900). ORDERED on the motion of Alderman Janvary, seconded by AldcrmanHinspergcr, tbat the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Janvary, Sherar and Ward. NAYE: Aldermen Orr and Puttick. Cummings, Harrington, Hinspcrger, Hopkins, VERBAL REPORT - Chief Administrative Officer - Re: Vacancy on Council. The Chief Administrative Officer presented a verbal report, which was considered earlier this evening in Committee of the Whole, recommending that a Special Meeting of Council be scheduled for Monday, January 15th, 1990, at 7715 p.m., to consider filling the vacancy on Council caused by the death of Alderman Cheesman. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherar and Ward. NAYE: Alderman Cowan. RESOLUTIONS No. I - CUI~MINGS - [{INSPERGER RESOLVED that a message of condolence forwarded to the family of the late Gerald Clifford Darbyson, a respected be - 8- resident of Beamsville, and father of Doug Darbyson, Director of Planning and Development for the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 2 - CUI~dINGS HINSPERGER - RESOLVED that a message of condolence be forwarded to the family of the late Reverend Charles H.S. Cheesman, a highly respected resident of the Municipality, who served as an Aldemxan of the City of Niagara Falls for 1969, September 1971 to September 1972, and 1977 to 1989; was a teacher and head of the modern languages department at Westlane Secondary School in Niagara Falls from 1964 to 1987; taught at the Niagara Parks Commission School of Horticulture and served on numerous Boards and Conm~ittees in the City; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. $ - CUMMINGS - ltINSPERGER - RESOLVED that a message of condolence be sent to the family of the late Edward E. Mitchelson, a respected resident of the Mnnicipality, who served as a Councillor and Reeve of the former Township of Stamford for the years 1954 to 1962 inclusive, and as an Alderman of the City of Niagara Falls for the years 1963 to 1968 inclusive, and a as a Regional Councillor for the years 1970 to 1980 inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 4 - CUMMINGS - 11INSPERGER - RESOLVED that a message of condolence be forwarded to the family of the late George Arthur Bushell, a former employee of the City of Niagara Falls and respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. (Note: The following resolution was previously dated December 11, 1989). No. 5 -HABRINGTON - CAMPBELL - RESOLVED that WHEREAS this week is Human Rights week recognizing the inherent dignity and quality of all members of the human family; AND WHEREAS since the Montreal Massacre this has been a sad wee~ for women and men in our country; AND WHEREAS this Council recognizes that in our society there are attitudes against women, sometimes hidden, sometimes subtle, sometimes overt; BE IT THEREFORE RESOLVED that the City Council of Niagara Falls on behalf of our community: 1. deplores violence towards women; 2. promotes attitudes of equality for women in our community; 3. opposes stereotyping the role of women in our society AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Cowan, Cummings, Orr, Shetar and Ward voting contrary, and with all others voting in favour. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Aldennan Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first times -9 - No. 90-01 - A by-law to provide for appointments to certain Boards, Commissions aod Committees. (COUNCIL 1989 12 11), No. 90-02 - A by-law to authorize road reconstruction ou Walout Street, Huotex Street, Union Avenue and Kitchener Street from Victoria Avcuue to Powell Avenue. No. 90-03 - A by-law to authorize the execution of a Letter of Agreement with Canadian Corps of Commissionaires (11amilton). No. 90-04 - A by-law to authorize the execution of an agreement with Ontario Hydro. No. 90-05 - A by-law to authorize the execution of agreements with Larosa & Carrie Enterprises Ltd., carrying on business as Dominion Paving Company, Ken Warden Construction Ltd. and John Pullia, carrying on business as United Contracting for snowplowing. No. 90-O6 - A by-law to authorize the execution of an agreement with Niagara Falls Thunder Inc. No. 90-07 - A by-law to amend By-law No. 6661, 1964, as ameuded, with respect to signs in the City of Niagara Falls. No. 90-08 - A by-law to authorize repairs to a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 90-09 - A by-law to authorize the execution of au agreement with Edward Dujluvic. No. 90-10 - A by-law to provide monies for general purposes. No. 90-11 - A by-law to authorize an application for a restraj{~ing order pursuant to section 26 of the Building Code Act, R.S,O. 1980, as amended. The motion Carried with Alderman Puttick voting contrary on By-law No. 90-06 as previously recorded under Report No. F-90-O1; with Alderman Orr and Puttick voting contrary on By-law No. 90-09; with Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 90-10 on conflicts of interest previously recorded under Report No. F-90-02; with Alderman Hopkins voting contrary on By- law 90-10 as previously recorded under Report No. F-90-02; and with all others voting in favouro ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 90-01 - A by-law to provide for appointments to certain Boards, Commissions and Committees. (COUNCIL 1989 12 11). No. 90-02 - A by-law to authorize road reconstruction on Walnut Street, Hunter Street, Union Avenue and Kitchener Street from Victoria Avenue to Pewell Avenue. No. 90-03 - A by-law to authorize the execution of a Letter of Agreement with Canadian Corps of Commissionaires (11amilton). No. 90-04 - A by-law to authorize the execution of an agreement with Ontario ltydro. No. 90-0S - A by-law to authorize the execution of agreements with Larosa & Carrio Enterprises Ltd., carrying on business as Dominion Paving Company, Ken Warden Construction Ltd. and John Pullia, carrying on business as United Contracting for snowplowing. NO. 90"{36- A by-law to authorize the execution of an agreement with Niagara Falls Thunder Inc. .... l0 - 10 - No. 90-07 - No. 90-08 - No. 90-09 - A by-law to amend By-law No. 6661, 1964, as amended, with respect to signs in the City of Niagara Falls. A by-law to authorize repairs to a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. A by-law to authorize the execution of an agreement with Edward Dujlovic. No. 90-10 - No. 90-11 - A by-law to provide monies for general purposes. A by-law to authorize an application for a restraining order pursuant to section 26 of the Building Code Act, R.S,O. 1980, as amended. The motion Carried with Alderman Puttick voting contrary on By-law No. 90-06; with Alderman Orr and Puttick voting contrary on By-law No. 90-09; with Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 90-10 on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on By-law 90-10 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF INTEREST: Regional Personnel Committee - Alderman Puttick requested information regarding the invitation to Regional Councillor Merrett to attend a City Council meeting to discuss the Regional Personnel Committee. Mayor Smeaton advised that the invitation had been forwarded. Bus Service to Niagara Square - Alderman Puttick advised that he had received information regarding the charge by Niagara Transit for bus service to Niagara Square, and requested that a copy be forwarded to the Manager of the Square. Retirement Pensions for Ontario Teachers - Alderman Puttick advised that he had received information regarding the subject matter and asked that comments be submitted to Council from thF Niagara South Board of Education and City Staff. Strategic Action Plan - Alderman llarrington requested that additional copies of the Strategic Action Plan be submitted to Council members for further discussion. The Chief Administrative Officer stated that he would be forwarding another copy of the Plan, together with a status report, at an early date. Dr. Margaret Bickle - Gender Neutral Language - At the request of Alderman Harrington, His Worship Mayor Smeaton agreed to forward a letter of appreciation in response to Dr. Bickle's Information for Council communication. HAPPY NEW YEAR - His Worship Mayor Smeaton wished everyone a "Happy New Year", - 11 - It was moved by Alderman Puttick, meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.C. WAGG, CITY CLERK seconded by Alderman Orr, that the SECOND MEETING SPECIAL MEETING Council Chambers January 15, 1990 Council met on Monday, January 15th, 1990, at 7:15 p.m., in a Special Meeting to consider filling a vacancy on Council. All members of Council, with the exception of Alderman Sherar who was on vacation, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. RESOLUTION No. 6 - HINSPERGER- CU~INGS - RESOLVED that WHEREAS Section 43 of the Municipal Act, R.S.O. 1980~ Chapter 302, requires that where the seat of a member of Council becomes vacant, under Section 39 Council shall forthwith declare the seat to be vacant; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby declares the seat of the late Charles H.S. Cheesman to be vacant; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. In response to questions raised by His Worship Mayor Smeaton, Gary Hendershot expressed his agreement to be appointed if it was the wish of Council. RESOLUTION No. 7 - CU~INGS - HINSPERGFAR - 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 first runner up, Gary Hendershot, to fill the seat declared vacant due to the death of Alderman Charles H.S. Cheesman; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Cowan and Puttick voting contrary, and with all others voting in fayour. The Statutory Declaration of Office and Qualification were filed with the City Clerk, after the Oath of Office had been administered to Gary Hendershot by the Clerk. BY-LAW ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-law and the by-law be read a first time: No. 90-11A - A by-law to appoint Gary Hendershot a member of Council of the City of Niagara Falls. The motion Carried with Aldermen Cowan and Puttick voting contrary, and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger. that the following by-law be now read a second and third time: No. 90-11A - A by-law to appoint Gary Hendershot a member of Council of the City of Niagara Falls. The motion Carried with Aidemen Cowan and Puttick voting contrary, and with all others rotIns in fayour. -2- It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the Council adjourn this Special Meeting and reconvene in a Regular/Planning meeting at 7:30 p.m. Carried Unanimously. RE~/LND ADOPTED, MAYOR S. SMEATON THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 15, 1990 Council met on Monday, January 15th, 1990, at 6:45 p.m. in Con~ittee of the Whole. All members of Council, with the exception of Alderman Shetar who was on vacation, were present. Alderman Campbell presided as Chaimnan. Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, PLANNING/REGULAR MEETING Council Chambers December 15, 1990 Council met on Monday, December 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 Sherar who was on vacation, were present. His Worship Mayor Smeaton presided as Chairman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the minutes of the meeting held January 8th, 1990, be adopted as printed, Carried Unanimously. PRESENTATION CORPS D'ELITE AWARD - His Worship Mayor Smeaton welcomed Messrs. Vince Kerrio, MoP.P., and Mike Dietsch, M.P.P. to the meeting. Mr. Dietsch, congratulated and presented Mr. R.G. Sones, Director of Parks & Recreation with the Corps D'Elite Award on behalf of the Minister of Tourism and Recreation, for outstanding volunteer services to leisure time activities. Mr. Kerrio congratulated and presented Mr. Sones with a Corps D~Elite lapel pin on behalf of the Province. Mayor Smeaton expressed the pride of the City in the accomplishments of Mr. Sones. REPORTS - PLANNING MATTERS PD-90-09 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 23/89 - AND - OPA No. 183, Louie Buordolone; Part Twp. Lot 24, Northwest Corner of Mountain & Portage Roads. The report recommends the following: 1) That Council support the application to amend the Official Plan and Zoning By-law which will permit the subject lands to be developed for residential purposes; 2) 3) 5) 6) 7) s) - 2 - That Council adopt a resolution to request the Ministry of Municipal Affairs to rescind NEC development control from the subject lands; That Council waive its consent policy which limits the creation of new lots to two; That the applicant satisfy all requirements of the City's Municipal Works Department, including payment of local improvement charges, the cost of constructing sidewalks, and expansion renewal fees; That the applicant dedicate any road widenings along the property's full frontage on both Mountain and portage Roads (Regional Road lO1) to the satisfaction of the Regional Municipality of Niagara; That the Urban Service Area No. 1 be extended to include the subject lands; That Staff be directed to prepare the necessary Official Plan Amendment ?and b~-laws for enactment at a subsequent Council meeting; and That the applicant and the Regional Municipality be advised accordinglY. - AND - Communication Amendment No. communication Amendment and A - Ministry of Natural Resources - Re: Official Plan -23,89,of To ' J4, Tbc N~83 ial Plan Zoning Amendment. - AND - - Con~nunication No. 14B - Ministry of Agriculture & Food ~e: Zoning By -law Amendment Application, OPA No. 183, AM-23/89. advises that the Ministry has no objections. Official Plan & The communication - AND - Communication No. 14C - CN Rail - Re: proposed City's Official Plan & Zoning By-law Amendments No. 79-200. The communication advises that CN has no objections to the applications, but requests that the owner insert a clause, which is contained in the letter, in all offers of sale and purchase or lease, and register on title to the land. - AND- Communication No. 14D - Regional Niagara planning& Development Department Re: preliminary Application, Official Plan Amendment 183 & Zoning By-law Amendment AM-23/89; N/S Mountain Road, at Portage. The communication advises that the Regional planning Department has no objections to the preliminary amendments in principle, subject to the approval of the Regional Policy Plan by the Ministry Of Municipal Affairs and subject to the satisfaction of the Regional public Works Department and the local requirements. His Worship Mayor Smeaton declared the Public Meeting open, and reviewed the procedure to be followed under the Planning Act, 1983. The Clerk advised that the Notices of the Public Meeting had been forwarded by First Class Mail, and published in the Niagara Falls Review on . December 15th, 1989, 31 days ago. His Worship Mayor Smeaton received indication that Mr. Richard Brady, planning Consultant, Proctor & Redfern, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present in favour of or opposed to the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. 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. PDu90-06: Development proposal; Official Plan; Zoning By-law; and Surrounding Land Use. lie advised that Planning Staff was recommending approval of this application, subject to the requirements outlined. -3 - The Director of Planning & Development replied to questions raised with respect to adjacent lands, infilling, cost to the City and possible road widening. There was a negative respoose to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in support of the application. Ms. Beverly Dziver, 2632 Portage Road, expressed her opposition to the development in terms of the possibility of four houses being built where natural growth and recreational activities were currently enjoyed. She referred to heavy traffic in the area, the possibility of road widening, and cbemical spray from an adjacent orchard. Mr. Rick Brady expressed appreciation to Staff for their support, and stated that his client would be responsible for servicing costs. In reply to Ms. Dziver's comments, he stated that the number of proposed dwellings was not an issue being currently addressed, and that the road widening was not related to the development of the subject lands. Mr. Brady suggested that the orchard referred to previously was situated on Ontario Hydro lands and that orchards were located in and around Niagara Falls. He expressed willingness to discuss the matter further with Ms. Dziver. 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 Campbell, that the communications be received and filed, and the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Alderman Campbell, Cowan, Cummings, Hendershot, Janvary, err, Puttick and Ward. Alderman Harrington. Hinsperger, Hopkins, PD-90-01 - Environmental Planning & Greening Committee - Re: The Minister's Decision on A. Mete's Application for a Private Crossing on Lyon's Creek. The report attaches a copy of a report from the Ministry of Natural Resources refusing approval of the application, and recommends that Council receive the attached correspondence for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspcrger, that the report be received and adopted. Carried Unanimously. PD-90-02 - Environmental Planning & Development Committee - Re: ,Jurisdiction for the Development of Salvage Yards. The report recommends the following: 1) That in order to resolve some of the problems associated with salvage yards, the City apply site plan control to salvage yards and that the attached guidelines be adopted; 2) That this report and Council's resolution on the matter be sent to the Committee of Adjustment, Regional Planning and Public Works Departments, the Policy Commission, and the Ministries of the Environment and Municipal Affairs, and Ruth Grief; and 3) That Mrs. Grier be asked to inform the City of comments she received regarding this matter. ORDERED on the motion of Alderman Cowan, seconded by Alderman Puttick, that the report be tabled for further infox~ation from the Canadian Automobile Recyclers Association. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Hinsperger, Janvary, err, Puttick and Ward. Alderman Hopkins. PD-90-03 - Environmental Planning & Greening Committee - Re: Council representative on the Public Advisory Committee for the Niagara River Remedial Action Plan. The report recommends that Council consider appointing a member to sit on the Public Advisory Committee for the Niagara River Remedial Action Plan. . . . 4 -4- ORDERED on t he motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and Alderman Hendershot be appointed to the Public Advisory Committee. Carried Unanimously. PD-90-05 Environmental Planning & Conference/Poster Contest (6th Annual). 1) 2> that the report be received and adopted. Greening Committee Re: ESRI The report recommends the following: That this report be sent to Council, the Ministries of Natural Resources and Environment, and the Canada Employment & Iremigration Commission; and That a letter of thanks be sent to these agencies for their support of the City's Environmental Inventory. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, Carried Unanimously. PD-90-O7 - Environmental Planning & Greenlug Committee - Re: Tree Removals at 4907 Ontario Avenue and 6400 Murray Street. The report recommends that the trees at 4907 Ontario Avenue and 6400 Murray Street not be removed. Mrs. Vivian Lapp, 4921 Ontario Avenue, who was in attendance, stated that the owner of the property at 4907 Ontario Avenue had erected a fence which decreased visibility of oncoming traffic. She referred to the number of years her family had been residents in the area, without problems. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. DEPUTATION C~J~A1)A [~3ST KIOSK FOR ~. CARBiEL ~TAT~ - Communication No. 15 - Paul Remisch. Delivery Services Officer, Huron Division, Canada Post Corporation - Re: Canada Post Kiosk for Mt. Carmel Estates. The co~nunication requests permission to address Council regarding this matter. The following representatives of Canada Post were in attendance: Mr. Tom Dalby, Manager of Media and Community Affairs, Huron Division; Ms. Sandra Plunkett, Ottawa; and J.A. (Joey) Snyders, Delivery Services Co-ordinator, Huron Division. They submitted and discussed an example of the proposed Kiosk with the use of a scaled down model, responded to questions raised, and requested the permission of Council to install a Kiosk in the parkland area of the Mount Carmel Phase I Subdivision. ~ During the discussion, concerns were raised with respect to possible vandalism, loitering, the amount of land required, responsibility for installation and maintenance costs, the success results of similar installations in other Municipalities, and the suggested 49 year lease agreement. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the request be referred to Staff for investigation and a report. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr and Ward. Alderman Puttick. COMMUNICATIONS No. 16 - Regional Planning & Development Department - Re: Niagara Escarpment PlanAmendment Application 58/59 (Heritage Policies). The communication encloses Report No. 2637 for the information of Council. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. - 5 - No. 17 - Ministry of Natural Resources - Re: Aggregate Resources Act. The communication advises that the Aggregate Resources Act replaces the Pits and Quarries Control Act, The Beach Protection Act and Part VII of the Mining Act, and became effective on January 1st, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the conmxouication be referred to Staff for a report with respect to revenue for the City· Carried Unanimously. No. 18 - The Corporation of the City of York - Re: Resolution Respecting 1990 Uuconditional Grants. The communication asks Council to support a request to the Minister of Municipal Affairs to reconsider his proposal with respect to Unconditional Grants. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the resolution be endorsed. Carried Unanimously. No. 19 - The Corporation of the City of Cambridge - Re: Resolution - Extra Long Trucks & Tractor Trailers on Ontario Roads. The communication asks Council to support a resolution opposing the use of extra long trucks and tractor trailers on Ontario roads. It was moved by Alderman Cummings, seconded by Alderman Janvary, that the resolution be supported. Following a brief discussion, it was moved by Aldex~an Hopkins, seconded by Alderman Ward, that the matter be tabled for a report from Staff, with information respecting previous actions taken and comments from the Ontario Good Roads Association. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Harrington, Hendershot, Hinsperger, Hopkins and Ward. NAYE: Aldermen Cummings, Janvary, err and Puttick. No. 20 - La Residence Joie de Vivre Inc. - Re: Fund Drive. The communication requests funding from the City in the amount of $4,500.00 for Mini-Putt. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the communication be received and referred to the Finance Committee. Carried Unanimously. No. 21 - Nativity of the Holy Mother of God Ukrainian Catholic Church - Re: Proclamation. The communication asks Council to proclaim the week of January 22nd to 29th, 1990, as "Ukrainian Independence Week", and to fly the Ukrainian Flag in front of City Hall during this time. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the requests be approved subject to established policy. Carried Unanimously. REPORTS HR-90-02 - Chief Administrative Officer - Re: The Smoking in the Workplace Act and its Effect on The Corporation of the City of Niagara Falls. The report recommends that a designated smoking area be established, in each City building where employees work, as permitted under the Smoking in the Workplace Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. MW-90-12 - Chief Administrative Officer Re: By-law to Authorize Road Construction on the following: (i) Buchanan Avenue from Dixon Street to Main Street; (ii) Main Street from Stanley Avenue to CN/CP Bridge; (iii) Oakes Drive from Main Street to Dunn Street; (iv) Dunn Street from Stanley Avenue to Oakes Drive; (v) Dixon Street from Main Street to Buchanan Avenue. The report recommends the following: 1) That Council hear any person who claims that his/her land will be preJudicially affected by the by-law appearing on tonight's agenda to authorize the above noted works; and -6- 2) That subject to there being no valid objections, the by-law appearing on tonight's agenda, be passed by Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that Recommendation Numbers (i), (ii), (iii), and (iv) be received and adopted. Carried Unanimously. Mr. Brian Sinclair, Solicitor, discussed Recommendation Number (v), and advised that he was representing Louis Dritsacos, Country Chalet Restaurant on the corner of Main Street and Dixon Avenue. He referred to the handout communication, stated that the proposed changes with respect to the addition of a sidewalk and curbs would adversely affect the business, and requested that the matter be tabled in order to provide an opportunity for further discussion with the Engineering Department. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the matter be deferred one week for further consideration. Carried Unanimously. M~-90-14 -Municipal Works Committee - Re: Committee Report: January-December 1989 Construction Status Report. The report recommends that the January-December 1989 construction status report be received for the information of Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-15 - Chief Administrative Officer - Re: Contract R.C. 30-89 - Underground Services and Road Reconstruction on Walnut Street, Hunter Street, Union Avenue and Kitchener Street. The report recommends the following: 1) That the unit prices submitted by the low tenderer, Delmar Contracting Limited, be accepted and this contract be awarded subject to M.O.E. approval and the financing strategy noted below: 2) That finances required in excess of by-law debenture allocations estimated at $525,937.50 be funded from our 1990 Operating Budget "Contribution to Capital Spending (Urban Service Area)". ORDERED on the motion of Alderman Cummings, seconded by Alderman Carried Unanimously. Hinsperger, that the report be received and adopted. See Resolution No. 9. See By-law No. 90-17. F-90-O4 - Chief Administrative Officer - Re: Municipal AcCounts. The report recommends that the accounts totalling $1,226,093.33 for the period ending January 15th, 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, 54426 because the organization is a client. Alderman Cummings declared a conflict of interest on Cheque No. 54509 because a member of his family is employed by the payee· Alderman Hinsperger declared a conflict of interest on Cheque Nos. 54449 and 54450 because he has a monetary interest. Alderman Hopkins declared a conflict of interest on Cheque No. 54424 because a member of his family is employed by the payee· Additional information was provided on Cheque No. 54427. ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the report be received and adopted· The motion Carried with Aldermen Campbell, Cummings, Hinsperger and Hopkins abstaining from the vote on Cheque Nos. 54426, 54509, 54449, 54450 and 54424 respectively, on conflicts of interest previously recorded; and with all others voting in fayour. See By-law No. 90-22. - 7 - F-90-O5 - Chief Administrative Officer - Re: City of Peterborough Resolution: Unconditional Grants, The report recommends that Council deny the cndorsation of the City of Peterborough resolution regarding a special levy. ORDERED on the motion of Aldenman Cunmtings, seconded by Alderman I{insperger, that the report be received and adopted. Carried UnanimouslyL Business Park Committee - Re: Montrose Business Park. The report provides a status update on the Montrose Business Park and itemizes actions that have been taken with regard to the Park since the previous report. Alderman Cummings declared a conflict of interest because the firm with which he is employed is involved. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the report be received and filed. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. S-90-01 - Chief Administrative Officer - Re: City of Niagara Falls & Murray J. Johnston v. Orsini Bros. Inns Inc., et al - Application for a Restraioing Order pursuant to section 26 of the Building Code Act. The report recommends that it be received and filed for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimouslyt RESOLUTIONS No. 8 - CAMPBELL - COWAN - RESOLVED that WHEREAS part of Township Lot 26 (former Township of Stamford, now) in the City of Niagara Falls is situated outside of the approved Niagara Escarpment Plan; AND WHEREAS development on the lands continues to require Niagara Escarpment Commission (NEC) approval; AND WHEREAS the City of Niagara Falls is taking the appropriate steps to ensure that development on the lands will be guided appropriately through the Official Plan and Zoning By-law; NOW THEREFORE BE IT RESOLVED that the Ministry of Municipal Affairs be requested to rescind NEC development control from the above referenced lands ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 9 - CUMMINGS - HINSPERGER- RESOLVED that the unit prices submitted by Delmar Contracting Limited for Contract R.C. 30-89 - Underground Services and Road Reconstruction on Walnut Street, Hunter Street, Union Avenue and Kitchener Street, be accepted at the low tendered amount of $1,378,670.50, subject to Ministry of the Environment approval and the following financing strategy: Finances required in excess of by-law debenture allocations estimated at $525,937.50 be funded from our 1990 Operating Budget "Contribution to Capital Spending (Urban Service Area)" ; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first and second time: No. 9~-1~ - A by-law to amend By-law No. 89-313, being a by-law to authorize the reconstruction of a municipal parking lot. No. 90-13 - A by-law to amend By-law No. 89-315, being a by-law to authorize a construction programme to provide services for Phase 1 of the Montrose Business Park. -8 - The motion Carried with Alderman puttick voting contrary on By-law No. 90-13, and with all others voting in favour. 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. 90-14 - A by-law to provide for appointments to certain Boards, Commissions and Committees. No. 90-15 - A by-law to repeal By-law No. 87-74, being a by-law to designate certain land not to be subject to part lot control. No. 90-16 - A by-law to authorize a release of restrictive covenants. (Report CD-89-94 approved by Council December 4, 1989). No. 90-17 - A by-law to authorize the execution of an agreement with Delmar Contracting Limited for underground services and road reconstruction on Walnut Street, Hunter Street, Union Avenue and Kitchener Street from Victoria Avenue to powell Avenue. No. 90-18 - Withdrawn. No. 90-19 - Withdrawn. No. 90-20 - Withdrawn. No. 90-21 - Withdrawn. No. 90-22 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cummings, Hinsperger and Hopkins abstaining ~rom the vote on By-law No. 90-22 on conflicts of interest previously recorded under Report No. F-90-04; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 90-14 - A by-law to provide for appointments to certain Boards, Commissions and Committees. No. 90-15 - A by-law to repeal By-law No. 87-74, being ~ by-law to designate certain land not to be subject to part lot control. No. 90-16 - A by-law to authorize a release of restrictive covenants. (Report CD-89-94 approved by Council December 4, 1989). No. 90-17 - A by-law to authorize the execution of an agreement with Delmar Contracting Limited for underground services and road reconstruction on Walnut Street, Hunter Street, Union Avenue and Kitchener Street from Victoria Avenue to Powell Avenue. No. 90-18 - Withdrawn. No. 90-19 - Withdrawn. No. 90-20 - Withdrawn. No. 90-21 - Withdrawn. No. 90-22 - A by-law to provide monies for general purposes· The motion Carried with Aldermen Campbell, Cummings, Hinsperger and Hopkins abstaining from the vote on By-law No. 90-22 on conflicts of interest previously ~ecorded; and with all others voting in favour. -9 - NEW BUSINESS ITEMS OF INTEREST: Christmas Tree Burning Ceremony - Alderman Cummings reported on the success of this year's Christmas Trec Buroing Ceremony which was held at Stamford Centre Fircmen's Park. He stated that an estimated 5~000 people attended the ceremony. Alderman Cummings further stated that only one person took advantage of the Christmas tree chips which had been stored in bags and were available free of charge. Wall of Fame Ceremony - His Worship Mayor Smeaton discussed the success of the Wall of Fame ~nduction ceremony which had been held at the Niagara Falls Memorial Arena during the past week-end. He commended Alderman Janvary and her Co~nittee for their efforts. ITEM OF CONCERN: Affordable Housing - Alderman Puttick referred to the Information for Council item, being a reproduced Toronto Star newspaper article with respect to affordable housing. He requested a verbal report from the Chief Administrative Officer and Director of Planning & Development on this matter. VIA Rail - Alderman Campbell stated that he and Alderman Harrington, together with a few other persons, had visited the VIA Rail station last week-end to protest the train cuts, and had discovered that a strike in Toronto had prevented the train from arriving at the local station. Chippawa Downspouts - Alderman Campbell discussed his concerns regarding the City's prosecution of individuals who had refused to comply with the by-law and separate the downspouts from the sanitary sewer system. He suggested that the City might assist the homeowners to rectify the problem. Alderman Ward explained the difficulties being encountered in enforcing the by-law, changing the downspouts, the cost of legal fees and the advice of the homeowners' lawyers to have the City stay off their property. He invited the Alderman to attend the meetings of the Chippawa Infrastructure Needs Program. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, that the matter be referred to Staff for investigation and a report. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Harrington and Janvary. NAYE: Aldermen Cowan, Cummings, Hendershot, Hinsperger, Hopkins, Orr, Puttick and Ward. Committee of Adjustment - Alderman Janvary referred to a previous discussion, during which time concerns were expressed and a Council report tabled with regard to the mandate of the Committee of Adjustment. She expressed an interest in receiving further information respecting the Committee. Following a discussion, Staff was asked to submit a further report which should contain information regarding the meaning of "a minor variance". · 10 - 10 - It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room January 99 1990 Council met on Monday, Jauuary 22nd, 1990, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton and Alderman err who were absent due to illness, Alderman Sherat who was on vacation, and Alderman Puttick, were present. Alderman Harrington presided as Chairman. Following consideration of the item presented, the Comraittee of the Whole arose without reporting. READ AND ADOPTED, E.C. WAGG, CITY CLERK R' BRUCE WARD RESOLUTION No. 10 - CUMMINGS - ItlNSPERGER - RESOLVED that Alderman Bruce Ward be appointed Acting Mayor for this meeting, January 22nd, 1990, in the absence of ttis Worship Mayor William S. Smeaton; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. REGULAR MEETING Council Chambers January 22, 1990 Council met on Monday, January 22ud, 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 and Alderman Orr who were absent due to illness, Alderman Shetar who was on vacation, and Alderman Puttick, were present. Acting Mayor Bruce Ward presided as Chairman. Alderman tlarrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Ilinspcrger, that the minutes of the Special Meeting and the Planning/Regular Meeting dated January 15th, 1990, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS CLUBHOUSE MODEL FOR EX-PSYCHIATRIC PATIENTS - Communication No. 22 - Social Planning Council Re: "Clubhouse Model". (COUNCIL 1989 10 30). The communication states that the Advisory Committee for the Niagara District Health Council recognized the need for. the Clubhouse facility in Niagara Falls, and ranked the proposal first in the Region; that the Canadian Mental Health Association expects the Model to proceed to the Ministry of Health early in 1990; and hopes that funding will be approved. ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the communication be received and filed· Carried Unanimously. _9__ VIDEO GAME - "NIGHT~ON ELM STREET" - Connnunication No. 23 - Minister of Consumer & Co~aercial Relations - Re: Video Game (COUNCIL 1989 10 30). The communication advises that several complaints regarding the issue of a violent and offensive game, as well as offensive bubblegum cards, have been received by the MinistrY; states that there is no Federal or provincial legislation to prohibit the sale of these products, and that the most effective action is appealing to the retailer and manufacturer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously.. COb~UNICATIONS No. 24 - Ministry of Municipal Affairs - Re: Open Letter - Cn~nunitY Plannjng Grant Program. The communication advises that funding up to 85% is available for studies in connection with this program, and that the deadline for application for funding is February 28th, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and referred to Staff. Carried UnanimouslY. No. 25 - Greater Niagara Big Sister Association - Re: proclamation. The communication asks Council to proclaim the week of February llth to 17th, 1990, as "Big Sister Week". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously._ No. 26 - Canadian Wildlife Federation - Re: proclamation. The communication requests Council to proclaim the week of April 8th to 14th, 1990, as "National Wildlife Week". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously, No. 27 -The Marriage Encounter Community - Re: proclamation. The communication asks that Council proclaim February llth, 1990 as "World Marriage Day". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the request be approved subject to established policy. Carried Unanimously. No. 28 - Niagara Falls tlydro Electric Commission - Re; Hydro Commissioners' Remuneration. The con~nunication requests approval of an increase of 5.1%. During the discussion, Alderman Cummings expressed the opinion that approval of the remuneration should be the responsibility of the province. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that the request of the Niagara Falls Hydro Electric Commission for an increase of 5.1% rate of inflation, be approved. The motion ~arried with the following vote: AYE: Aldermen Campbell, Harrington, Hendershot, llinsperger, Hopkins and Janvary. NAYE: Aldermen Cowan and Cummings. No. 29 - Niagara College - Re: Role of College in the peninsula & Search for New President. The communication requests the views and concerns of the City of Niagara Falls regarding this matter. During the discussion it was suggested that the Chamber of Commerce, Social Planning Council and Unemployed tlelp Centre be contacted for comments, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication and input from Aldermen be referred to the Clerk's Department. Carried UnanimouslY. No. 30 - Regional Niagara planning & Development Department - Re: Appointment to the Regional Niagara Housing Advisory Committee. The connnunication requests Council to appoint a representative to the Committee prior to February 2nd, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Clerk's Department to have an advertisement published in the local newspaper requesting letters from interested residents. Carried Unanimously. No. 31 - Volunteer Ontario - Re: Financial Support. The communication asks Couucii's positive consideration of a request for 1990 financial assistance. Mrs. Mary Stewart, Presideut of the Niagara Falls Volunteer Bureau, was granted permission to speak on the motion of Alde~nnan Cummings, seconded by Alderman Hinsperger. She provided an overview of the volunteer groups and activities in the community; requested the participation of Council members again this year in the Volunteer Award Ceremony on April 22rid, 1990; and discussed tbe Conference entitled, "Connections '90". Mrs. Lynn Savage, Volunteer Co-Ordinator, Volunteer Bureau, referred to the item recently published in the local newspaper respecting the required funding for 1990. ORDERED on the motion of Alderman Cummings, secouded by Alderman Janvary, that the communication be referred to the Finance Con~ittee. Carried Unanimously. No. 32 - The Chamber of Commerce - Re: Proposed Federal Goods & Services Tax. The communication advises that the GST would provide a suitable replacement for the Manufacturers' Sales Tax subject to conditions included in the letter. ORDERED on the motion of Alderman ltopkins, seconded by Alderman Cummings, that the communication be referred to the Director of Finance for a report, and that Mr. Robert Corbett, Director of the Chamber of Commerce Board, bc invited to attend the Council meeting when the report is submitted. Carried Unanimously. No. 33 - Bob Kaplan, P.C., Q.C., M.P. York Centre - Re: European & North- ~nerican Conference on Urban Safety & Crime Prevention. The communication asks support of a resolution requesting the Federal Governmeut to establish a National Crime Prevention Council for Canada. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the communication be referred to the Social Planning Council, and the Regional Niagara Police for comments, Carried Unanimously. No. 34 - Nanci Colbeck, Director, Special Projects, Crown Life Participaction Challenge - Re: May 30, 1990 Challenge. The comnunication requests the City's participation in the 1990 activities. ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the communication be referred to the Y.M.C.A. Carried Unanimously. No. 35 - Pam Stewart - Re: Humane Society Board. The communication submits Ms. Stewart's resignation as a City representative on the Board, ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the resignation be accepted with regret, and that a letter of appreciation be forwarded to Pam Stewart for her past services on the Board. Carried Unanimously. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that the Clerk be directed to contact persons who had previously made application to serve on the Board, and submit a report at the next meeting of City Council, containing the names of those persons who were currently wished to be considered for the appointment. Carried Unanimously_. No. 36A (ILA_NDOUT) - Mr. & Mrs. E. llelinski & Other Residents of Monnt Carreel Boulevard - Re: Canada Post Kiosk. The petition expresses opposition to the installation of a Kiosk in Mount Carmel Phase I Subdivision. - AND - No. 36B (HANDOUT) - Pat & Diana D*Intino Family - Re: Canada Post Kiosk· The communication objects to the installation of a Canada Post Kiosk in the parkland of Mount Carmel Phase I Subdivision· .] - 4 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communications be referred to Staff. Carried Unanimously. REPORTS HR-90-03 - Chlef Administrative Officer - Re: Contract Position of Policy Project Planner. The report recommends that the by-law appearing on tonight's agenda appointing Clement Edwin Babb to the contract position of Policy Project Planner, effective January 29, 1990, at an annual salary of $55,000.00, be adopted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-25. PD-90-IO - Environmental Planning & Greenlag Committee - Re: Interim Report on Staff Review of Walker Brothers Quarries Limited's Proposal for Quarry Expansion. The report recommends that Council receive and file the attached Interim Report dated January 16, 1990. Alderman Campbell declared a conflict of interest because his parents were participants in the group opposing the expansion. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinspergor, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. PD-90-11 - Chief Administrative Officer - Re: Municipal Monetary Benefits of the Aggregates Act. The report provides information regarding the subject matter and recommends that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. R-90-O2 - Niagara Falls Recreation Commission - Re: Policies Regarding the Scheduling of Municipal Arenas. The report recommends that the attached, revised policies regarding the Scheduling of Municipal Arenas be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously, R-90-03 - Chief Administrative Officer - Re: Authorization for Cemeteries Re- Evaluation Study and Future Trends. The report recommends that Council accept, in principle, the completed report regarding the Cemeteries Re-evaluation Study and Future Trends prepared by Landscape Architect, Peter J. Smith. During the discussion, it was suggested that the south end of the City be considered for future cemetery expansion. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-90-03 - Chief Administrative Officer - Re: Amendments to Penalty Provisions in Certain By-laws. The report recommends that Council pass the by-law on tonight's agenda amending the penalty provisions in By-law Numbers 71-57,. 77- 75, 77-153, 77-272 and 83-101. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-24. B-90-04 - Chief Administrative Officer - Re: 1989 Permit Statistics - Buildings & Inspections. The report recommends that the annual Permit Statistics report be received for the information of Council. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-90-05 - Chief Administrative Officer - Re: Sign Application - Do-It Centre; 4536 Portage Road. The report recommends that City Council approve aa application for a wall sign having an area of 326 square feet for the Do-It Centre, on the west side of the building, at 4536 Portage Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report bc received and adopted. Carried Unanimouslyt CD-90-O1 - Chief Administrative Officer - Re: Proposed Plan of Subdivisioa, "Drummond Park Village Extension 5"; File No. 26T-89035; Owners: 687876 Ontario Limited (The Mady Group); Agent: Group 2 Development Limited. The report recommends that the City Clerk be authorized to process the Application for the "Drummond Park Village Extension 5" Subdivision, and that a report be prepared for Connci]'s further consideration of this Plan, based on technical iofomnation received, public input, etc. Mr. Grant Minard, Group 2 Development of Niagara Falls, addressed Council on behalf of the owners. He discussed the location of the property, and stated that this subdivision proposal is for 30 lots. He responded to questions raised regarding the current zoning of the lands and the procedure for processing the subdivision. There was a negative response to Acting Mayor Ward's request fox-comments from interested persons. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously.. F-90-06 - Finance Committee - Re: Committee Reports. The report recommends the following: 1) FC-90-O1, Quotation for street Lighting Fixtures - It is recommended that Council approve Report FC-90-O1 being a quotation for street lightlug fixtures; 2) FC-90-02, Quotation for Street Light Poles - It is recommended that Council approve Report FC-90-02 being a quotation for street light poles; 3) 4) 5) FC-90-03, General Insurance Report - It is recommended that Council approve Report FC-90-03 being a report outlining the City's General Insurance Program; MW-90-13, Capital Budget Approval - It is recommended that Council approve Report MW-90-1] being a report regarding capital budget approval for curb and gutter local improvement; Grants Review Committee - It is recommended that Council approve the appointment of Alderman Bruce Ward as Chai~an of the Grants Review Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimoos]y. F-90-07 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,391,664.98 for the period ending January 22, 1990, be approved by the passing of the by-law appearlug later on the ageride, Alderman Hendershot declared a conflict of interest on Cheque No. 54675 because he is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 54564, 54582, 54583 and 54584 because he has a monetary interest. Additional information was requested on Cheque No. 54646; and additional information was provided on Cheque No. 54678. - 6 - ORDERED on the motion of Alderman Cowan, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Hendershot and Hinsperger abstaining from the vote on Cheque Nos. 54675, 54564, 54582, 54583 aud 54584 respectively, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on Cheque No. 54571; and with all others voting in favour. Sec By-law No. 90-27. MW-90-21 (HANDOUT) - Municipal Works Committee - Re: Committee Report: Waste Management Sub Committee Report: Agreement with Niagara Recycling. The report recommends the following: 1) That our existing Agreement with Niagara Recycling be amended to provide: - payment to Niagara Recycling of the City's share of operating losses (or gains); - that this be based on Niagara Recycling estimates paid monthly; - that all payments be subject to check through an annual audit, subject to scrutiny by the City; - and that these amendments be effective January 1, 1990; and 2) That our Purchasing Department be requested to report to Council on changes to our Purchasing Policy, which would encourage the acquisition by the City of goods consistent with the aim of reducing waste. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. BY-LAWS The Solicitor advised that prior to passing By-law No. 90-18, the Municipal Act requires that persons whose land may be affected by the by-law be given the opportunity to address Council. There was a negative response to Acting Mayor Ward's request for comments from persons interested in By-law No. 90-18. 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. 90-18 - A by-law to authorize road reconstruction on Main Street, Buchanan Avenue, Oakes Drive, Dixon Street and Dunn Street. No. 90-19 - A by-law to authorize an agreement with River Realty Development (1976) Inc. (St. Andrew's Niagara Housing Dev. Corp., Service Cost Sharing Agreement; Approved by Council July 10, 1989). No. 90-20 - A by-law to amend By-law No. 79-200, as amended, (AM~4/89 St. Andrew's Niagara Housing Dev. Corp., Pt. Twp. Lot 62; Report PD- 89-48 approved by Council March 13, 1989). No. 90-21 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-4/89 St. Andrewts Niagara Housing Dev. Corp.-). NO. 90-23 - A by-law to amend By-law No. 79-200, as amended. (AM-21/89 Modern Air Inns Inc., Southwest Corner Stanley Ave. & Dunn St.; Report PD- 89-121 approved by Council Allgust 14, 1989). NO. 90-24 - A by-law to amend By-law Non. 71-57, 77-75, 77-153, 77-272 and 83- 101. 7 No. 90-25 - A by-law to authorize the execution of an agreement with Clement Edwin Babb. No. 90-26 - A by-law to provide for the adoption of an araendment to the Official Plan of the Niagara Falls Planning area. No. 90-27 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest on By-law Nos. 90-19, 90-20 and 90-21 because the firm he is employed with is involved; with Alderman Hopkins voting contrary on By-law Non. 90-2B and 90-26; with Aldermen Hendershot and Hinsperger abstaining from the vote on By- law No. 90-27, on conf|icts of interest previously recorded undcr Report No, F- 90-07; with Alderman Hopkins voting contrary on By-law No. 90-27 as previously recorded under Report No. F-90-07; and with all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 90-18 - A by-law to authorize road reconstruction on biain Street, Buchanan Avenue, Oaken Drive, Dixon Street and Dunn Street. No. 90-19 - A by-law to authorize an agreement with River Realty Developmeut (1976) Inc. No. 90-20 - A by-law to amend By-law No. 79-200, as amended. No. 90-21 - 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 nnder subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 90-23 - A by-law to amend By-law No. 79-200, as amended. No. 90-24 - A by-law to amend By-law Non. 71-57, 77-75, 77-153, 77-272 and 83- 101. No. 90-25 - A by-law to authorize the execution of an agreement with Clement Edwin Babb. No. 90-26 - A by-taw to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning area. No. 90-27 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins abstaining from the votc on a conflict of interest on By-law Nos. 90-19, 90-20 and 90-21 as previously recorded; with Alderman Hopkins voting contrary on By-law Non. 90-23 and 90-26; with Aldermen Hendershot and Hinsperger abstaining from the vote on By-law No. 90-27, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on By-law No. 90-27 as previously recorded; and with all others voting in favour. NEW BUSINESS ITFaMS OF INTEREST: BILD Committee - Alderman Harrington invited members of Council to attend a meeting of the Planning Development Process Review Ad ltoc Committee, a sub-committee of the BILD Committee, scheduled for Thursday, January 25th, 1990, at 3:30 p.m. in Committee Room #2. Kitchen Report - Alderman Herrington discussed the success of the Conference held at Brock University on Saturday, January 20th, 1990, for a review of the Kitchen Report. -8 - Chinese New Year Celebrations - Alderman Janvary invited the participation of members of Council in the Chinese New Year Celebrations to be held later this week. It was moved by Alderman Cummings. seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. FIFTIt bIEETING COMMITTEE OF THE WHOLE Committee Room #2 January 29, 1990 Council met on Monday, January 29th, 1990, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton, were present. Alderman Hopkins presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, RESOLUTION No. 11 - JANVARY - C~J~PBELL - RESOLVED that Alderman Norman Puttick be appointed Acting Mayor for this meeting, January 29th, 1990, until his Worship Mayor William S. Smeaton arrives; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. REGULAR MEETING Council Chambers January 29, 1990 Council met on Monday, January 22nd, 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 arrived later, were in attendance. Acting Mayer Norman Puttick presided as Chairman. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the minutes of the meeting held January 22nd, 1990, be adopted as printed. Carried Unanimously. WELCOME Acting Mayor Norman Puttick welcomed the new Deputy City Clerk, Gary Atack, to the meeting. DEPUTATION ONTARIO HYDRO/NEW GENFItATING STATION - Mr. David A. Grant, Senior Community Relations Officer, Design & Construction Branch, Ontario Hydro, discussed the proposal for the new generating station with the assistance of an overhead projector. He referred to the Community Liaison Committee; discussed existing and proposed gates and operation of the control centre; and reviewed the proposed tunnels, shafts and location of the underground powerhouse concept· Aldermen Cummings and Sherar declared conflicts of interest because the company with which they are employed is involved, · 2 - 2 - Mr. Grant responded to questions raised regarding the amount of water used by the generating station and allowed under the existing treaty, and discussed future plans for replacement of older generating stations in the province. Acting Mayor Puttick expressed appreciation to Mr. Grant on behalf of City Council. C0~RMUNICATIONS No. 37 - Regional Niagara Office of the Clerk - Re: Temporary Heavy Vehicle prohibition, Niagara Road 104 (Dorchester Road). The communication advises that a maximum vehicular weight limit of 5 tonnes has been approved for Niagara Road 104. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 38 - Regional Councillor Mardi Collins - Re: Niagara Regional Review Task Force. The communication requests input and suggestions for the Task Force. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be referred to the City of Niagara Falls Kitchen Report Ad Hoc Committee. Carried UnanimouslY. No. 39 - Regional Office of the Clerk - Re: Regional Traffic By-law 5769-90 Parking prohibition, Niagara Road 43 (Bridge Street). The communication attaches a copy of Bill 5741. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 40 - Minister for Senior Citizens' Affairs - Re: Senior Achievement Awards. The communication requests Council to submit the names of possible recipients of an award, and advises that the deadline for receipt of nominations is March 31st, 1990. ORDERED on the motion of Alderman Cu~nings, seconded by Alderman Sherar, that the communication be referred to the Recreation Commission and Senior Citizens Association for input. Carried Unanimously. No. 41 - Township of Cumberland - Re: Gas Regulators, The communication asks Council to support a resolution requesting that the Minister of Consumer & Commercial Relations implement the recommendations of the Engineering Report of I Fatal Fire, 1568 Hoskins Crescent. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the resolution be endorsed, Carried UnanimouslY. No. 42 - T.G. Bright & Co., Limited - Re: Sunday Tour & Retail Operation. The communication asks Council to support a request to the Regional Municipality of Niagara to permit the Sunday and holiday operation of Bright's Winery and Chateau-Gai Winery Tour programmes and Retail Store Operations. Mr. D.G. Distort, Vice-President of Corporate Development, was in attendance and responded to questions raised regarding retail outlet hours and sales. His Worship Mayor Smeaton entered the meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the requests of T.G. Bright & Co., Limited and Chateau-Gai Wines, to the Regional Municipality of Niagara, be supported. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Orr, Ward and Acting Mayor Puttick. NAYE: Mayor Smeaton and Aldermen Janvary and Shetar. - 3 - His Worship Mayor Smeaton expressed appreciation to Alderman Puttick for his assistance, and assumed the Chair. No. 43 - Niagara Falls Brewing Company - Re: Micro Breweries - Use of Credit Cards and Onsight Brewery Stores - Sunday Opening. The communication, which was addressed to the Ministry of Co~sumer and Commercial Relations, requests permission for Sunday openings, subject to the approval of the local Municipality. Mr. Claude Corriveau, Niagara Falls Brewing Compauy, responded to questions raised regarding the request for open hours on Sunday. ORDERED on the motion of Alderman Curmmings, seconded by Alderman Campbell, that the request be approved. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Herrington, Hendcrshot, Hinsperger, Hopkins, Orr, Puttick and Ward. NAYE: Aldermen Janvary and Sherar, and Mayor Sineaton. No. 44 - Mr. & Mrs. Bob Watson - Re: Property at 10000 Willoughby Drive. Tbc communication requests support for a severance of 1.25 acre parcel, and attaches sketches of the subject area. During the discussion, questions were raised respecting previous severances in the area; the possibility of future development and need for servicing; and cost to the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Uinspcrger, that the co~nunication be referred to Staff for a report. Carried Unanimously. No. 45 - Niagara Falls Bridge Cormmission - Re: Temporary Closing - Rainbow Bridge. The conuv~unication advises that the Rainbow Bridge will be closed between the hours of 6:00 aom. and 6:00 p.m., from January 3tst to March 1st, 1990. During the discussion, questions were raised with respect to the total length of time required for the completion of the renovations on the bridge; and the closing of the inbonnd vs. outbound laae. His Worship Mayor Smeaton advised that he would contact the new Chairman of the Bridge Commission, Mr. W. Slovak, for information regarding the concerns raised, and submit a report at the next meeting of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. No. 46 - The Corporation of the City of Windsor - Re: High Interest Rates, Declining Automotive Sector & Free Trade Agreement. The communication requests support of a resolution to the Minister of Finance asking for lower interest rates and devaluation of the Canadian dollar. ORDERED On the motion of Alderman Campbell, seconded by Alderman Curamings, that the communication be received and filed. Carried Unanimously. REPORTS B-90-O6 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Souvenir Store; 6423 Lundy's Lane, S.P. 90-02. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed souvenir store, and the site plan being drawing Number l, and filed with the Buildings & Inspections Department of the City of Niagara Falls on January 25th, 1990, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman t{insperger, that the report be received and adopted. Carried Unanimously. -4 - B-90-O7 - Chief Administrative Officer - Re: Administration and Fire prevention Offices; Morrison Street. The report reco~nends that the City hire the firm of Brian Watkinson Architects to prepare architectural, structural and mechanical plans along with specifications for the purpose of calling tenders for a new building on Morrison Street, adjacent to the #1 Fireball. The building is to be used for Administration and Fire prevention. During the discussion, the Fire Chief and Deputy Director of Buildings & Inspections responded to questions raised regarding tendering; architectural fees; the purpose of the proposed facility; location, square footage, cost and reserve funds; the possibility of renting additional facilities, and the construction of a larger building in order to that other City Departments might be accon~odated. ORDERED on the motion of Alderman puttick, seconded by Alderman Cummings, that the matter be referred to Staff for a further report at the next meeting of Council. The motion ~arried with the following vote: AYE: "Aldermen Campbell, Cowan, Cummings, Harrington, Hendcrshot, Hinsperger, Hopkins, puttick, Sherar and Ward. NAYE: Aldermen Janvary and Orr. B-90-08 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement Between The Corporation of the City of Niagara Falls and Mr. Dudley Burland for and on behalf of C.I. Burland properties Ltd., Niagara Clifton Motor Inn, 4943 Clifton Hill. The report recommends that Council authorize a cash-in-lieu agreement with C.I. Burland properties Ltd., c/o Mr. Dudley Burlaud. 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 Campbell, that the matter be referred to the Parking & Traffic Committee.for a report. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Sherar and Ward. NAYE: Aldermen Janvary, err and Puttick. pD-90-13 - Chief Administrative Officer - Re: The Establishment as a Public Higbway Lands Dedicated as Part of Shark Road. The report recommends the following: 1) That Council approve the by-law which would establish those lands described as being Part 4 on Reference Plan Registered as 59R-6078 for Public Highway purposes; and t 2) That a copy of the approved by-law be forwarded to Mr. S. Ellis from the firm of Lampart Ellis & Walsh. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report be received and adopted. Carried Unanimously._ MW-90-22 - Municipal Works CoB~mittee - Re: Committee Report: 1990 Ontario Good Roads Association Conference - February 25-28, 1990; and Municipal Engineers Association Annual Meeting - February ~6, 1990. The report recommends the following: 1) That two members of Council be authorized to attend the 1990 Ontario Good Roads Association Conference from February 25-28 at the cost of $1,604.00 and that Alderman Norm Puttick and Alderman Bruce Cowan be confirmed as Council's appointed representatives; 2) That ~wo members of Municipal Works Staff be authorized to attend the 1990 Ontario Good Roads Association Conference from February 25-28 in Toronto, at a total estimated cost of $1,166.00; and 3) That one member of Municipal Works Staff be authorized to attend the Municipal Engineers Association Annual Meeting on February ~6th, 1990 at an estimated cost of $165.00. . . . . 5 - 5 - During the discussion, the Director of Municipal Works was asked to schedule a meeting between the Honourable William Wrye, Minister of Transportation; Con Eidt, Director of Engineering, Regional Municipality of Niagara; and Engineering Staff, for a discussion regarding the Q.E.W., Hwy. #420, and widening of Stanley Avenue at Hwy. #420. ORDERED on the motioo of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-90-23 - Municipal Works Committee - Re: recentends the following: Committee Reports. The report 1) MW-90-16, Consulting Services for the Installation of a Vertical Control Benchmark Network - - that the City retain the firm of Matthews & Cameron Ltd., to establish a second order vertical control benchmark network within the urban service area of the City of Niagara Falls; 2) MW-90-18, Extension of Dorchester Road Sewer Repair Contract R.O.S. 18- 89 to Include Sewer Repairs from Dolphin Street to Thorold Stone Road - - that Contract R.O.S. 18-89 with Undergrouod Services (1983) Ltd., be extended in the amount of $344,100.00 to carry out sewer repairs on Dorchester Road between Dolphin Street and Thorold Stone Road. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-24 - Chief Administrative Officer - Re: 1991 Ontario Traffic Conference Local Arrangements Committee Chairperson. The report recommends the following: 1) That Alderman Wayne Campbell be appointed Chairperson of the Local Arrangements Conunittcc for the 1991 Ontario Traffic Conference; and 2) That the Chairperson be given the necessary authority to carry out his duties and appoint members to the Conmittec. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-26 (HANDOUT) - Municipal Works Corsmittee - Re: Committee Report: Update on Strategy for Elimination of Sanitary Overflows in the City of Niagara Falls. The report recommends the following: 1) That Municipal Council endorse the Strategy for the Elimination of Sanitary Sewer Overflows outlined in this report and authorize Staff to seek Ministry of the Environment approval of the Strategy in order that development may be permitted to proceed in the City; 2) 3) That, until a City-wide Infrastructure Needs Program, scheduled for completion by December 1993, determines cost-effective solutions for resolving sanitary sewer problems in the City of Niagara Falls, the City commit an additional $2,000,000.00 per year for an Accelerated Sewer Separation Program in Area 4, the Tourist/Commercial area, in each of the four years (1990 to 1993) totalling $8,000,000.00 so that development proceeds in the City; That the proposed methods of financing the $2,000,000.00 per year Accelerated Sewer Separation Program in Area 4, over the next four years, be considered by Council for implementation; 4) That water conservation devices (6 litre flush toilets and low flow shower heads) be a mandatory requirement as part of the approval of all Tonrist/Commercial, Commercial and Multiple-Dwelling Development Proposals; and · 6 -6- 5) That City Staff investigate the costs and benefits of implementing City- wide water conservation measures in order to reduce sanitary sewage production (water meters, low flow showerheads, low flush toilets, etc.)- ORDERED on the motion of Alderman Janvary, seconded by Alderman ltinsperger, that the report be received and the 5 points be approved in principle, with the understanding that Staff will submit a detailed report, with options regarding funding, as soon as possible. The motion ~arried with the following vote: AYE: Aldermen Campbell, Cowan, ltarrington, ltendershet, llinspergcr, Hopkins, JanvarY, err, Sherar and Ward. NAYE: Aldermen Cummings and puttick. F-90-08 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $979,936.95 for the period ending January 29th, 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. 54799 because the Company which employs them is involved. Alderman Hendershot declared a conflict of interest on Cheque No. 54743 because a member of his family is employed by the payee. Alderman Hinsperger declared a conflict of interest on Cheque No. 54756 because he has a monetary interest. Additional information and a report was requested on Cheque No. 54756. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the report be received and adopted- The motion Carrie~ with Aldermen Cummings, Sherar, Hendershot and Hinsperger abstaining from thd vote on Cheque Nos. 54799, 54743 and 54756 respectivelY, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on Cheque No. 54750; and with all others voting in favour. See By-law No. 90-32. Alderman Ward retired from the meeting. S-90-04 - Chief Administrative Officer - Re: Correcting Deed to Hendrie and Company Limited - Fruitbelt parkway. The report recommends that Council pass the by-law appearing on tonight's agenda to authorize the Mayor and Clerk to execute a Transfer or Deed in favour of Hendrie and Company Limited, for part of Lots 4 and 17 in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Part 5 on Reference i Plan 59R-3353. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-29. CD-90-O4 - 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 as the City's representative to the Humane Society, made vacant by the resignation of Pamela Stewart. Mr. Vincent Barbarino was selected as Council's representative to the Humane Society by a secret ballot. HR-90-O5 (IL~NDOUT) - Chief Administrative Officer - Re: Appointment of Deputy The report, which was considered earlier this evening in City Solicitor. Whole, recommends that Council pass the by-law to be presented Committee of the at tonight's Council meeting, confirming the appointment of Brenda Stokes as Deputy City Solicitor for the City of Niagara Falls, at a salary of $53,309.00 of the salary Grade 12. The said appointment to be subject to a six month probationary period commencing March 19th, 1990. ORDERED on the motion of Alderman Cununings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. · See By-law No, 90-33. - 7 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman ttiosperger, that leave be granted to introduce the following by-law, and the by-law be read a first and second time: No. 90-28 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman llinspcrgcr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-29 - A by-law to authorize the execution of a Transfer or Deed transfcrriug land to llendric and Company Limited. No. 90-30 - A by-law to establish certain land as a public highway. (Pt. Lots 657-683 incl.& 683, RP 5, fo~er Twp, of Willoughby now Plan 338). No. 90-31 - A by-law to amend By-law No. 79-200, as amended. (g~-37/89 & OPA 189, Can-biar Mfg. Inc.; Report 89-189 approved by Council December llth, 1989). No. 90-32 - A by-law to provide monies for general purposes. No. 90-33 - A by-law to provide for the appointment of a Municipal Official. The motion Carried with Aldermen Curr~nings, }lendershot, Hinsperger and Sherar abstaining from the vote on By-law No. 90-32, on conflicts of interest previously recorded under Report No. F-90-08; with Alderman Hopkins voting coutrary on By- law No. 90-32, as previously recorded under report No. F-90-08; 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 sod third time: No. 90-29 - No. 90-30 - No. 90-31 - A by-law to authorize the execution of a Transfer or Deed transferring land to tlendrie and Company Limited. A by-law to establish certain land as a public highway. (Pt. Lots 657-683 incl. & 683, RP 5, former ~qp. of Willoughby now Plan 338). A by-law to amend By-law No. 79-200, as amended. (AM-37/89 & OPA 189, Can-Mar Mfg. Inc.; Report 89-189 approved by Council December llth, 1989). 90-32 - A by-law to provide monies for general purposes. No. 90-33 2 A by-law to provide for the appointment of a Municipal. Official, The motion Carried with Aldermen Cummings, Hendershot, Hinsperger and Sherar abstaining from the vote on By-law No. 90-32, on conflicts of interest previously recorded; wit~, Alderman, Hopkins voting contrary on By-law No. 90-32, as previously recorded; and with all others voting in favour. NEW BUSINESS Welcome - New Deputy (}ity Clerk - His Worship Mayor Smeaton welcomed Gary Atack, the new Deputy City Clerk, to the meeting. -8- Regional personnel Committee - Alderman Puttick requested information regarding the scheduled date that Regional Councillor Brian Merrett would be attending the Council meeting for a discussion regarding the subject matter. His Worship Mayor Smeaton advised that Regional Councillor Merrett had agreed to attend a meeting, but that a date had not yet been set. Retirement pensions for Ontario Teachers - Alderman Puttick referred to a discussion at a previous meeting regarding retirement pensions for Ontario Teachers. Aldermen Hendcrshot and Janvary declared conflicts of interest because they are employed by the Board of Education. Aldermen Campbell and Harrington declared conflicts of interest because members of their families are employed by the Board. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that a member of the Niagara South Board of Education, and Mr. Townsend, be invited to attend a Council meeting for a discussion of retirement pensions for Ontario Teachers. The motion Carried with Aldermen Campbell, Harrington, Hendershot and Janvary abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, Cummings, Hinsperger, Hopkins, Puttick and Sherat. NAYE: Alderman Orr. Chinese New Year's Celebrations - Alderman Janvary referred to the Chinese New Year's Celebrations which had taken place last week-end, and submitted an Award to Council. The Award was being presented on behalf of the Chinese community, in honour of the Chinese New Year, and entitled "Brothers Within Oceans". Mayor Smeatnn's Remarks - His Worship Mayor Smeaton explained his late arrival at the Council meeting, which was caused by his attendance before a panel with Judges Johnstone Roberts and Pamela Walker, as a participant in the Big Sisters Association "Jail or Bail" Campaign, He referred to the fines levied on himself and Alderman Puttick. Mayor Smeaton expressed appreciation to the Aldermen who had artended functions on his behalf during the past week. ~ It was moved by Alderman Cummings, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.G. WAGG, CITY CLERK SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 5, 1990 Council met on Monday, February 5th, 1990, at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Hendershot presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, E.C. WAGG, CIT REGULAR MEETING Council Chambers February 5, 1990 Council met on Monday, February 5th, 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 Hendershot offered the Opening Prayer. ADOPTION OF MINUTES Alderman Ward asked that the minutes of the meeting held January 29th, 1990 be amended to indicate that he had retired from the meeting after the adoption of Report No. F-90-08. ORDERED On the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held January 29th, 1990, be adopted as amended. Carried Unanimously. DEPUTATION GRP. j~TER NIAG~ 'rP~axHSIT & NIAGAIIA CHAIR-A-VAN - Communication No. 41A - Niagara Transit - Re: Statement of Affairs. The communication attaches the statement of affairs of the Greater Niagara Transit Commission for the year ending December 31, 1989;, advising that Niagara Transit will be taking delivery of two new transit coaches in 1990, seeking a fare increase of $0.05 effective March 1, 1990, requesting approval of an operational and strategic review. and seeking an increase in Commissioners Honoraria of $1,800.00 per year, and $2,200.00 for the Chairman. The communication further advises that the Conunission will be seeking approval to proceed with an order for two new buses for 1991 delivery. Mr. Guy Prata, Chairman of the Commission, introduced the following representatives of Niagara Transit and Chair-A-Van: A. "Sandy" Casey, General Manager; Bart Mares, Secretary-Tressurer; John Hopkins, Publicity Chairman; Bob Hswes, Superintendent of Operations; Frank Brant, Inspector; Terry Librock, Accountant; Hector LaPierre and Barb Scott, Representatives of St. JohnAmbulance on the Commission on Chair-A-Van. Alderman Hopkins declared a conflict of interest because a member of his family is involved in the honoraria· Mr. Prata reviewed Communication No. 47A, and ~esponded to questions raised, and requested approval· - 2 - ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that approval be granted to proceed with tenders for two buses for delivery in 1991. The motion Carrie_ d with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the requested fare increase of $0.05, effective March 1, 1990, be approved. The motion Carrie_ d with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in layout. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the request for an increase in Commissioners Honoraria from $1,500.00 to $1,800.00 per year, and from $1,800.00 to $2,200.00 per year for the Chairman be approved. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interes~°usly recorded, and with all others voting in £avour. Alderman .. "~RDER~D bnl the motion of Alderman Cummings, seconded by Ilinsperger, that the communication and audited Financial Statements be received and filed. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interes~tpreviouslY recorded, and with all others voting in favour. - ~J~D - Re: Statement of Affairs. The Con~nunication No. 47B - Niagara Chair-A-Van - communication encloses the statement of affairs with respect to transportation of the physically disabled for 1989, and provides an overview of activities and personnel. Mr. Guy Prata reviewed Communication No. 47B with respect to the Chair- A-Van operation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interes~evfouslY recorded, and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the audited statement be received and filed. The motion Carrie_~d with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. SEW,~-R SEpAIIATION - Mr. Gordon Paul, past-President of the Niagara Falls, Canada, Visitor & Convention Bureau, introduced Mr. Denis Stefanuik, the new General Manager of the Bureau. The Chief Administrative Officer reviewed actions taken by Staff with respect to the sewer situation, the financial commitments of the City, which were approved at the last meeting of City Council, the attitude of the Ministry of the Environment, and proposed methods of raising the required funding. Mr. Paul reviewed his handout submission regarding the proposed program for Elimination of Sanitary Sewer Overflows in the City of Niagara Falls, and stated that the Visitor & Convention Bureau did not oppose a reasonable form of development impost, but did oppose "any formula which would hinder the future Works Committee Cit". growth of this y He requested a meeting with the Municipal and Staff to consider the question· It was moved by Alderman Campbell, seconded by Alderman Hendershot, that subject to written confirmation from the Ministry of the Environment, the development freeze be lifted immediately, and building permits issued, subject to any impost fees Council may decide upon. The motion was Defe__~ate~_ with the following vote % AYE: Aldermen Campbell, Cowan and Hendershot. NA~E% Aldermen Cummings, Harrington, Hinsperger, Hopkins, janvary, Orr, puttick, Sherat and Ward· -3 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the matter be referred to the Municipal Works Committee fox' consideration on February 12th, 1990, with input from the Visitor & Conventioa Bureau. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Hinspergcr, Hopkins, Janvary, Puttick, Sberar and Ward. NAYE: Alderman Orr. UNFINISHED BUSINESS BELL TELEPHONE CHARGES - C-90-Ol - Chief Administrative Officer - Re: By-law 90-32 Request for Information on Cheque No. 54756 - Bell Telephone Charges. The report provides information regarding Cheque No. 54746 and recommends that the information contained in this report be received and filed. Alderman Hinsperger declared a conflict of interest because he has a monetary interest in the company. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. It was further recommended that the Chief Administrative Officer submit a further report in 60 days, with information respecting number and location of WATS lines within the City structure, the method by which Bell Canada charges for these lines, and a suggested method of controll3ng WATS lines calls. The motion Carried with Alderman Hinspergcr abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. COMMUNICATIONS No. 48 - Regional Niagara Office of the Clerk - Re: 1990 Interim Levy By-law. The communication attaches By-law 5773-90, being "A by-law to provide for an Interim Levy Against the Area Municipalities in the Year 1990". ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the communication be received aud filed. Carried Unanimously. No. 49 - Regional Niagara Public Works Department - Re: Construction Progress Report to December 31, 1989. The communication attaches Report DEP-3047 for the information of Council. During the discussion His Worship Mayor Smeaton suggested that questions raised with regard to the Drummond Road overpass on Hwy. #420, and the QEW/Thorold Stone Road interchange be referred to Aldermen Cowan and Cummings for discussion with appropriate persons at the 1990 Ontario Good Roads Convention. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the co~nunication be received and filed. Carried Unanimously. No. 50 - Corporation of the City of Thorold - Re: French Language Health & Related Social Services Needs Proposal. The communication expresses concern regarding the cost of providing bilingual health and related social services, and recommends that the proposal be circulated to all area Municipalities for comments. It was moved by Alderman Ward, seconded by Alderman Harrington, that the communication be received and filed. The motion was Defeated with the following vote: AYE: Aldermen Harrington and Ward. NAYE: Aldermen Campbell, Cowan, Cummings, Janvary, Orr, Puttick and Sherar. Hendershot, Hinsperger, Hopkins, -4 - ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the concept of the City of Thorold be supported and the Niagara District Health Council be invited to explain its position. It was further recommended that all Itospital Boards within the Region be requested to submit comments. The motion _Carried with the following vote: AYE: Aldc~nen Campbell, Cowan, Cummings, Hendershot, Hinspcrger, Hopkins, Janvary, Orr, puttick and Sherat. NA~E: Aldermen Harrington and Ward. No. 51 - Kidney Foundation of Canada - Re: Annual Door to Door Campaign - March 1 - 31, 1990. The colmnunication requests permission to conduct the Campaign. ORDERED on the motio~ of Alderman Janvary, seconded by Alderman Cummings, that the request be approved. Carried Unanimously. No. 52 - Regency Flames Oldtimers - Re: Bruce Gamble Hockey Tournament - March 9th to 11th, 1990, at Jack Bell and Stamford Arenas, The communication requests a Special ~ccasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by AldcrmanHinsperger, that Council indicate it has no objection to the issuance of a Special Occasion Permit for the Bruce Gamble Bockcy Tournament to be held March 9th, 10th and llth, 1990, at the Jack Bell and Stamford Arenas, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 53 - Mountain Road Landfill Public Liaison Committee - Re: Approved Minutes - Mountain Road Landfill Public L~aison Committee. The communication attaches a copy of the approved minutes for the information of Council. ORDERED ou the motion of Alderman Cummings, seconded by Alderman Itinsperger, that the communication be received and filed. Carried Unanimously. No. 54 - T.W. Dodd Machine Works Co. Ltd., St. Catharines - Re: Sault Ste. Marie - "English Only". The communication attaches a copy of a congratulatory letter to Mayor Joseph Fratcsi of Sault Ste. Marie, and suggests that local Municipalities give the matter consideration. ORDERED oo tbe motion of Alderman Ward, seconded by Alderman Cummings, that the co~nunication be received and filed. The motion ~arried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, 1tarrington, Hinsperger, tlopkins, Janvary, Orr, Puttick, Sherar and Ward. NAYE: Alderman Bendershot. No. 55 - Mayor William S. Smeaton - Re: Pollution/Great Lakes Basin. The communication attaches a letter from the Honourable Lucien Bouchard, advising of progress in environmental matters. ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger, that the communication be received and filed. Carried Unanimously. REPORTS PD-90-15 - Chief Administrative Officer - Re: Community Planning Study. The report recommends that Staff be directed to submit an application to the Ministry of Municipal Affairs for a Community Planning Study Grant to assist with the cos~ of updating the City's Housing Policies. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. PD-90-16 - Chief Administrative Officer - Re: Preliminary Severance Proposal, Mr. & Mrs. R. Watson, 10000 Willoughby Drive. The report recommends the following: 1) That Council receive aud file the correspondence submitted and allow the consent application to be considered on its own merits at the Laud Division Committee; and 2) That the applicant be encouraged to pursue alteruative severance options with the City and Regional Planuiug Departments. Mr. Bob Watson provided Council with historical data respecting the subject property. ORDERED on the motion of Alderman Ward, seconded by Alderman Heudershot, that the Council not offer any objection to the application. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Hcndershot, Hinsperger, Shetar, Ward and Mayor Smeaton, NAYE: Aldermen Curmnings, Harrington, Hopkins, Janvary, Orr and Puttick, PD-90-I7 - Chief Administrative Officer - Re: Review of Camping Establishment and Mobile 1tome Park Standards. The report recommends that City Council direct Staff to nndertake a review of the licensing and zone requirements for camping establishments, trailer camps and mobile home parks, and develop a Municipal criteria to ensure that mobile home acconn~lodation and camping establishments can be properly facilitated. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-90-27 - Chief Administrative Officer - Re: Contract R.C. 1-90 - Underground Services and Road Recoostruction on Buchanan Avenue, Main Street, Oakes Drive, Dunn Street and Dixon Street. The report recommends the following: 1) That the unit prices submitted by the low tcndcrcr, Provincial Construction (Niagara Falls) Limited, be accepted and this cootract be awarded subject to Mindstry of the Environment approval and the fiuancing strategy noted below; and, 2) That finances required in excess of by-law debenture allocations estimated at $182,563.37 be funded from our 1990 Operating Budget "Non-Subsidized Roads" account. ORDERED on the motion of Aldermau Cummings, seconded by Alderraan Cowan, that the report be received and adopted. Carried Unanimously. See Resolution No. 13. See By-law No. 90-35. MW-90-28 - Municipal Parking Committee - Re: Committee Rcco~r~endation - Niagara Fa~]s Thunder. The report recommends the following: 1) That the Niagara Falls Thunder's request to operate the Niagara Falls Arena parking lot during the summer months be denied and; 2) That the City of Niagara Falls be granted approval to operate the Niagara Falls arena parking lot as a Municipal Parking lot during the summer months. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Harrington, Hendershot, Janvary, Orr, Puttick, Shetar and Ward. NAYE: Alderman Cummings. Hinsperger, 11opkins, - 6 - F-90-09 (REVISED) (HANDOUT) - Chief Administrative Officer - Re: Interim Tax Levy 1990. The report recommends that the City Council adopt the interim levy and collection by-laws appearing on tonight's agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the revised report be received and adopted. Carr_~ed Unanimou_ sly~_ See By-law No. 90-36 andS-law No. 90-37. RESOLUTIONS No. 12 - CUbtMINGS - HINSPERGER ' RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for subsidy under the provisions of the public Transportation and RighwaY improvement Act on expenditures made during the year 1989 in the amount of $6,707,068.72; AND the Seal of the Corporation ~e hereto affixed. Carrie~d Unanimou_sly= No. 13 - CI~e4INGS - COW~- RESOLVED that the unit-prices submitted by provincial Coastruction (Niagara Falls) Limited, be accepted for Contract R.C. 1-90 Underground Services and Road Reconstruction on Buchanan Avenue, Main Street, Dunn Street and Dixon Street at the low tendered amount of 0akes Drive, subject to the approval of the Ministry of the Environment and the $725,638.37, financing strategy uoted below; and - Financing required in excess of by-law debenture allocations estimated at $182,563.37 be funded from our 1990 Budget ,'Non-Subsidized Roads" account; AND the Seal of the Corporation be hereto affixed· Carried Unanimously. BY-LAWS Alderman l{arrington volunteered to act as Council's representative to the Y.W.C.A., as per By-law No. 90-34. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be grauted to introduce the following by-laws, and the by-laws be read a first time: No. 90-34 - A by-law respecting appointments to certain Boards, Conunissions and Co~Lmittccs. No. 90-35 - A by-law to authorize the execution of an agreement with provincial Construction (Niagara Falls) Limited for underground services and road reconstruction on Buchanan Avenue, Main Street, Oakes Drive, Dunn Street and Dixon Street. No. 90-36 - A by-law to provide an interim levy of taxes. No. 90-37 - A by-law to provide for the collection of interim taxes for the year 1990. No. 90-38 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-18/89 & OPA 188, Thorstone Properties Inc., Bulk Food Store; Approved by Council November 27/89). Na. 90-39 - Withdrawn, The motion Carried with Alderman Ward abstaining from the vote on By-law No. 90- 38 on a conflict of interest, because he is one of the shareholders; with Alderman ISarrington vnting contrary on By-law No. 90-38; and with all others voti. B in favour, . . . . 7 - 7 - ORDERED on the motion of Alderman Cummings, seconded by Aldernlan Hjnspergex, that the following by-laws be now read a second and third time: No. 90-34 - A by-law respecting appointments to certaiu Boards, Commissions aod Committees. No. 90-35 - A by-law to authorize the executiou of au agreement with Provincial Construction (Niagara Falls) Limited for underground services and road reconstruction on Buchanan Avenue, Main Street, Oakes Drive, Dunn Street and Dixon Street. No. 90-36 - A by-law to provide an interim levy of taxes. No. 90-37 - A by-law to provide for the collection of interim taxes for the year 1990. No. 90-38 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-18/89 & OPA 188, Thorstone Properties Iuc., Bulk Food Store; Approved by Council November 27/89). No. 90-39 - Withdrawn. The motion Carried with Alderman Ward abstaining from the vote ou By-law No. 90- 38 on a conflict of interest previously recorded; with Alderman Harrington voting contrary ou By-law No· 90-38; and with all others voting in fayour. It was moved by Alderman Cummings, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, SEVENTH MEETING Council Chambers February 12, 1990 Council met on Monday, February 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 Cummings offered the Opening Prayer. ADOPTION OF MINUTES Alderman Sherar asked that the minutes of February 5th, 1990 be amended to indicate that he had voted contrary on the motion under Sewer Separation, Page 2, to lift the development freeze. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the minutes of the meeting held February 5th, 1990, be adopted as amended. Carried Unanimously. PRESENTATION NATIONAL PRISONERS OF WAR ASSOCIATION - Mr. O.A. Luce, President, and Mr. Frank Huisan of The National Prisoners of War Association, were in attendance. Mr. Huisan presented a bronze plaque to His Worship Mayor Smeaton in appreciation of his "dedication and support during the Convention held in September 1989. He referred to the Association's intention of holding a Convention with American representatives each year, scheduling them alternately in the United States and Canada, and invited Mayor Smeaton to attend the Convention to be held in London, in 1991. Mr. Luce presented Mayor Smeaton with an Association tie, lapel button and cap, and presented Council and Staff with caps. His Worship Mayor Smeaton expressed appreciation for the honour on behalf of Council, and stated that the Association represents "peace in the world". REPORTS - PLANNING MATTERS PD-90-19 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 41/89 - 714445 Ontario Limited; Valley Park Nursing Home, 6400 Valley Way. The report recommends the following: 1) That Council not support the amendments proposed to permit a four storey, 144 bed retirement home addition; and 2) That the applicant and the Regional Municipality of Niagara be advised accordingly. -AND- Conmunication No. 56A - Terry Giangregorio, Solicitor, Simpson, Wigle, - Re: Application by 714445 Ontario Limited to Amend Zoning By-law, AM-41/89. The communication confirms a telephone request for an adjournment of the matter. -AND- Co~munication No. 56B - Anne Celar - Re: Zoning By-law Amendment Application AM-41/89. The communication opposes the application in terms of height. -AND- Communication No. 56C - Mr. & Mrs. C. Costello - Re: Zoning Amendment AM-41/89. The communication opposes the application because of shadowing, reduction of property values, inadequacy of sewers, and increased traffic congestion. Communication No. 56D (HANDOUT) - Paul D. Nilne, Simpson, Wigle - Re: AM-41/89 Rezoning Application, 714445 Ontario Limited. This Telecopier letter requests that the matter be deferred to allow the applicant adequate time to deal with new matters which have arisen. - 2- His Worship Mayor Smeaton advised that this was a formal hearing, referred to the handout communication and to the procedure which must be followed prior to a re-hearing. Alderman Hopkins declared a conflict of interest because his employer is a party to a parcel of land involved. His Worship Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of persons interested in the application. The Chief Administrative Officer advised that a telephone call had been received, from the Chairman of residents in the subject area, to confirm the proposal to table the matter. ORDERED on the motion of Aldex~an Campbell, seconded by Alderman Janvary, that the application be withdrawn, with further notice of a re-hearing to City Staff and the public. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. COM~qjNICATIONS No. 57 - Regional Niagara Office of the Clerk - Re: Retail Business Holidays Act Special Committee. The communication encloses Report RB 1-90 for the information of Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 58 - Regional Niagara Office of the Clerk - Re: Niagara Region Review Commission Report and Recommendations by Professor Harry Kitchen. The communication asks Council to appoint a representative to each of the four task forces referred to in the letter. It was noted that Staff was participating on each of the Committees. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Puttick and Shetar. NAYE: Aldermen Marrington, Janvary, Orr and Ward. Hinsperger, Hopkins, No. 59 - Mayor N. Discepola, Ville de Kirkland, Quebec - Re: Bilingual Services. The communication attaches a resolution asking the City of Sault Ste. Marie to rescind its resolution against the francophone minority, and requests the Prime Minister and Provincial Premiers to support "linguistic and cultural rights and distioctiveness of Canada's founding peoples". ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. REPORTS B-90-O9 - Chief Administrative Officer - Re: Buildings & Inspections Department Report for January 1990. The report provides information regarding Permits Issued and Highlights for January 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-90-10 - Chief Administrative Officer - Re: By-law Enforcement - Niagara College; Dunn Street Campus. The report recommends that Council pass the by- law on tonight's agenda to authorize the College Security Officer as a Municipal Law Enforcement Officer for the Niagara College Dunn Street Campus. Alderman Orr declared a conflict of interest because she is employed by the College. -3 - ORDERED on the motion of Alderman Cunu~lings, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. See By-law No. 90-40. B-90-11 - Chief Administrative Officer - Re: Firehall Administration Building - Morrison Street. The report recommends that Council authorize Staff to hire the firm of Brian Watkinson Architect Inc. to provide complete architectural services for the proposed Firehall Administration Building. It was moved by Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Hinsperger, Hopkins, Janvary and Orr. NAYE: Aldermen Cowan, Cummings, Harrington, Hendershot, Puttick, Shetar and Ward. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the Chief Administrative Officer be directed to investigate a new location within the City for the heliport, the cost of combining the Recreation and Fire Departments in a building on Morrison Street, and tendering the contract. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Marrington, Hendershot, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. NAYE: Alderman Janvary. CD-90-06 - Chief Administrative Officer - Re: Property Transfer Widenings Niagara Road 108 (Portage Road). The report recommends that Council pass the by-law appearing later on this evening's agenda authorizing the Mayor and Clerk to sign the appropriate transfer documents. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. I~-90-32 (HANDOUT) - Municipal Works Committee - Re: Committee Report: Financing of Sanitary Sewer Overflow Elimination Strategy. The report recommends the following: 1) That the sewage surcharge on water bills be increased to 70% (from 35%) inunediately, to offset the burden on the Urban Service Area tax rate, for sewage treatment costs; 2) That the City~s accelerated Storm Sewer Separation Program (i.e., an additional $2,000,000.00 per year) be funded from the Urban Service Area tax rate; 3) That the previously approved increased special charges fee (By-law 89-295) applicable to commercial and residential developments, be effective immediately, and that the revenue realized be used to offset the burden on the Urban Service Area tax rate for the accelerated Sewer Separation Program; and 4) That those developments currently held in abeyance be allowed to proceed, subject to: - Payment of the special charges fee (By-law 89-295) on developments; - Conformity with recently adopted Sanitary Sewer Overflow Strategy; - All other requirements (i.e., site plan approval, etc.) being satisfied. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Campbell and Puttick voting contrary on Recommendation No. 3, and with all others voting in favour. -4- F-90-10 (HANDOUT) - Chief Administrative Officer - Re: Reimbursable Mileage Rate. The report recommends that Council approve a reimbursable mileage rate of 25.6 cents and 27.6 cents per kilometre, or 41.2 cents and 44.4 cents per mile, for City non-union employees who use their personal vehicles for City business, effective January 1, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Puttick and Ward. NAYE: Alderman Sherar. F-90-11 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,529,101.16 for the period ending February 12, 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. 54937 because the payee is a qlient. Alderman Hendershot declared a conflict of interest on Cheque No. 55016 because he is a Board Member of the Club. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 55013, 55014 and 55196 because he has a monetary interest. Additional information was provided for Cheque Nos. 54920, 54933, 54937, 55125, 55160, 55309 and 55346. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Aldermen Campbell, Hendershot and Hinsperger abstaining from vote on Cheque Nos. 54937, 55016, 55013, 55014 and 55196 respectively, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on 55004 and 55191; and with all others voting in layout. See By-law No. 90-43. CD-90-05 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls 1989 Annual Report, The report provides a summary of gross receipts, prizes, total expenses, rent expenses and net proceeds for the year 1989, and recommends that this report be received and filed for informational purposes. Aldermen Cummings and Hopkins declared conflicts of interest because they are members of organizations which conduct bingos. His Worship Mayor Smeaton commended the City Clerk and Bingo Inspector on the "wonderful job of running this system", referred to this City's model being used by other Municipalities, and the Province~s appreciation of the system. 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: Alderman Campbell, Cowan, Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Shetar and Ward. NAYE: Alderman Puttick. Montrose Road Business Park Ad Hoe Committee - Re: Meeting of February 1, 1990 The report recommends the following: · 1) That this report be received and filed for information; 2) That Council authorize the expenditure of $5,500.00 to purchase and install a Montrose Business Park slgn. Aldermen Cummings and Sherat declared conflicts of interest because their employer is involved in the matter. -5 - During the discussion, it was pointed out that a meeting had been scheduled for March 1st, 1990, between Council members; Staff; Con Eidt, Regional Director of Engineering; Economic Development Agency representatives; and City Staff. Mayor Smeaton stated that all members of Council will receive notification of the meeting. 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: NAYE: Aldermen Campbell, Cowan, Harrington, Hendershot, Hinsperger, Hopkins, Janvary and Ward. Aldermen Orr and Puttick. C-90-O2 - Chief Administrative Officer - Re: Annual Report - Niagara Transit. The report recommends that City Council approve an operational and strategic review to be carried out be Niagara Transit. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cowan, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Puttick and Ward. Aldermen Cummings and Sherar. C-90-O3 - Chief Administrative Officer - Re: Lease of Second Floor of Chippawa Fire Hall to Chippawa Volunteer Firefighters' Association. The report recommends that the by-law appearing on tonight's agenda be passed recommending the lease of the second floor of the Chippawa Fire Hall to the Chippawa Volunteer Firefighters~ Association. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously.. See By-law No. 90-42. CD-90-O7 - Chief Administrative Officer - Re: Appointment to the Regional Niagara Housing Advisory Committee. The report recommends that Council appoint a representative to the Regional Niagara Housing Advisory Committee. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that Alderman Harrington be appointed to the Committee as Council's representative. Carried Unanimously. RESOLUTIONS No. 14 CUI~INGS - HINSPERGER - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of Provincial subsidy funds for transportation of physically disabled persons, for the year 1990, in the amount of $55,902.00 for Operating; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 15 CUMMINGS - HINSPERGER - RESOLVED that pursuant to the Public -Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of Provincial subsidy funds for transportation of physically disabled persons, for the year 1989, in the amount of $8,394.00 for Operating; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 16 CUI'~INOS - HINSPERGER - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy funds for the year 1990, for public transportation in the amount of $442,751.00 for the Capital Assistance Programme, and $707,600.00 for the Transit Operating Assistance Progranune; AND the Seal of the Corporation be hereto affixed. .... 5 " Carried Unanimously. -6- No. 17 - C{Ib~4INGS - HINSPERGER - RESOLVED that the City of Niagara Palls make application to the Ministry of Municipal Affairs for a Community Planning Study Grant, A Special Initiative to Support Housing, in the amount of $15,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 18 - JANVARY - COWAN - RESOLVED that a letter of condolence be forwarded to the family of the late William Stanley Adams, a respected resident of the community, and father of Alderman Margaret Harrington, Council Member of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman 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. 90-39 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-34/89 OPA 185 River Realty Development (1976) Inc., Community Shopping Centre; Approved by Council November 27, 1989). No. 90-40 - A by-law to appoint a Municipal Law Enforcement Officer for the purpose of enforcing the parking by-laws of The Corporation of the City of Niagara Falls at and on any lands under the jurisdiction and control of Niagara College of Applied Arts & Technology, Dunn Street Campus. No. 90-41 - A by-law to authorize the execution of an agreement with Underground Services (1983) Ltd. for the extension of sewer rehabilitation on Dorchester Road. No. 90-42 - A by-law to authorize the execution of a lease with the Chippawa Volunteer Firefighters' Association. No. 90-43 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins abstaining from the vote on By-law No. 90-39 on a conflict of interest, because his employer has a property involvement; with Alderman Ward abstaining from the vote on By-law No. 90-39, on a conflict of interest, because he is a shareholder; with Alderman Orr abstaining from the vote on By-law No. 90-40, on a conflict of interest, because she is employed by the College; with Aldermen Campbell, Hendershot and Hinsperger abstaining from the vote on By-law No. 90-43, on conflicts of interest previously recorded under Report No. F-90-11; with Alderman Hopkins voting contrary on By-law No. 90-43 as previously recorded under Report No. F-90-11; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 90-39 - A by-law to Provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 90-40 - A by-law to appoint a Municipal Law Enforcement Officer for the Purpose of enforcing the parking by-laws of The Corporation of the City of Niagara Falls at and on any lands under the jurisdiction and control of Niagara College of Applied Arts & Technology, Dunn Street Campus. A by-law to authorize the execution of an agreement with Underground Services (1983) Ltd. for the extension of sewer rehabilitation on Dorchester Road. No. 90-41 - - 7 - No. 90-42 - A by-law to authorize the execution of a lease with the Chippawa Volunteer Firefighters' Association. No. 90-43 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hopkins and Ward abstaining from the vote on By-law No. 90-39, on conflicts of interest previously recorded; with Alderman Orr abstaining from the vote on By-law No. 90-40, on a conflict of interest previously recorded; with Aldermen Campbell, Hendershot and Hinsperger abstaining from the vote on By-law No. 90-43, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on By-law No. 90-43 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF INTEREST: Proposed Marina in Chippawa - Alderman Ward referred to meetings between Staff, Alderman Hinsperger and himself with respect to the possible installation of a Marina on the Welland River in Chippawa. He asked Council to consider the formation of an ad hoc Committee to investigate this matter in conjunction with residents of Chippawa, the Ontario Hydro, the Niagara Parks Commission, the Boat Club, interested Aldermen, Mayor Smeaton and City Staff. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that approval be granted to form the Chippawa Welland River Marina Ad Hoc Committee, to meet with interested and appropriate persons and investigate this matter further. Carried Unanimously. Monthly Report/EDA - Alderman Cowan referred to the minutes of the Economic Development Agency which had been distributed to members of Council, and advised that these would be distributed monthly. English in Niagara Palls - Alderman Cummings stated that he would introduce a motion, on March 5th, 1990, "to name English as the working language in the City of Niagara Falls". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the City allow a box to be placed in the lobby of City Hall, to be used as a drop-off box for letters from residents wishing to submit an opinion. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Hinsperger, Hopkins, Janvary, Sherar and Ward. NAYE: Aldermen Campbell, Harrington, Hendershot, Orr and Puttick. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.C. WAGG, CITY CL EIGHTH MEETING Committee Room 1 February 19, 1990 Council met on Monday, February 19, 1990, at 7:00 p.m., in Comndttee of the Whole· All members of Council, with the exception of Alderman Ward who was absent on business, and Alderman Hinsperger, were present· Alderman Cummings presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, REGULAR MEETING Council Chambers February 19, 1990 Council met on Monday, February 19, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Couucil, with the exception of Alderman Ward who was absent on business, and Alderman ttiuspergcr, were present. His Worship Mayor Smeaton presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Sherar, that the minutes of the meeting held February 12, 1990 be adopted as printed. Carried Unanimously. PRESENTATION NIAG~qA COLLEGE HOSPITALITY & TOURISM CENTRE - Alderman Hendershot presented Mayor Smeaton and City Council with plaques of appreciation on behalf of the Niagara College Hospitality & Tourism Centre. DEPUTATION ANCIENT CHINA CITY THEME PARK DEVELOPMENT - Communication No. 60 - Richard F. Brady, Senior Planner, The Proctor & Redfern Group - Re: Ancient China City Theme Park Development. The communication confirms a request to address Council with respect to the Theme Park Development. Mr. Brady introduced Doug Drew, Dynasty Holdings; Dave Lampman, Engineer, Proctor & Redfern; and Architect Alfred Szeto. Mr. Brady submitted a video presentation, and he, and representatives present responded to questions raised regarding the proposal. AUTO k'RECKING & SALVAGE YARDS - Communication No. 61 - Barbara Fraser - Re: Auto Wrecking & Salvage Yards. The communication includes a quotation from Section 60, subsection c of Regional By- law 107.88 respecting regulations for auto wrecking yards and owners and keepers of salvage yards, and expresses concern regarding the condition of the property at AAAuto Parts, 7549 Kalar Road. Mrs. Fraser, who was in attendance, reviewed the above named communication, expressed the belief that the concern was "justifiable and reasonable" and asked that the situation be resolved. Mr. Tony Pennacchio, owner of AA Auto Parts, 7549 Kalar Road, was in attendance and advised that his licence had recently been renewed. Mrs. Fraser and Mr. Pennacchio will be notified when the matter returns to Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that this matter be referred to Staff for a review and a general report on this and other salvage yards, and include comments from the Police Con~nission. Carried Unanimously. ';'ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, tha~.a letter be forwarded to the Recycling Association, requesting that a reply to the City's previous letter be received by March 15th, 1990. Carried Unanimously. UNFINISHED BUSINESS CHAMBER OF COMMERCE - PROPOSED FEDER~ GOODS & SERVICES TAX - F-90-12 Chamber Federal - Chief Administrative Officer - Re: Report on the Proposal by the of Commerce to have Council Endorse their Statement on the Proposed Goods & Services Tax. The report recommends the following: 1) That Council not endorse the statement by the Chamber of Conmerce on the proposed Federal Goods and Services Tax; 2) That Council support the ongoing efforts by A.M.O. to have the proposed Goods and Services Tax altered so that Municipalities will have a zero percent G.S.T. rating. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 62 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report for December 1989 - AND - Construction Progress Report to January 31, 1990. The communication attaches Reports DEP-3052 and DEP-3055 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. Alderman Orr retired temporarily from the meeting. No. 63 - Association of Municipalities of Ontario (AMO) - Re: "New Dimensions: Discussion Paper of the AMO Conditional Grants Review. The communication attaches the subject report for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the comnunication be referred to the Finance Staff. Carried Unanimously. No. 64 - Association of Municipalities of Ontario (/~40) - Re: Declining Provincial Support for Municipalities. The communication discusses a campaign to persuade the Province of the need for a new funding relationship with Municipalities and provide adequate Provincial funding. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. No. 65 - Niagara Peninsula Conservation Authority - Re: A Conservation Strategy for the 90's. The conumnication attaches the report for the information of Council. ORDERED on the motion of Aideman Hopkins, seconded by Alderman Cummings, that the communication-be received and filed. Carried Unanimously. - 3 - Alderman Orr returned to the meeting. No. 66 - The City of Toronto - Re: Cut in VIA Rail's Service. The communication asks Council to support a request to the Federal Transport biinister that the rolling stock sidelined by the January 15th, 1990 cuts not be disposed of or otherwise eliminated. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hopkins, that a communication be forwarded to the Federal Minister of Transport support~ug the position of the City of Toronto and requesting that VIA Rail be required to hold disposal of its equipment until the delivery of the Royal Commission's Final Report. Carried Unanimously. No. 67 The Chamber of Commerce, Niagara Falls, Canada - Re: Federal Governmcnt's Proposed Goods & Service Tax. This matter was referred to the Chamber as a result of correspondence received from Andrew S. Brandt, MPP, with respect to the Ontario Progressive Conservative Caucus' position on the Federal Government Goods and Service Tax. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. Alderman Campbell temporarily retired from the meeting. No. 68 - Regional Niagara Office of the Clerk - Re: Schedule of Public Meetings, Retail Business Holidays Act, Sunday & 11olidays Shopping. The communication includes a schedule of 4 meetings, ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 69 ([L~NDOUT) - Niagara Region Review Commission - Re: Review Commission - Recommendation 10.3, Water, Sewers and Storm Drainage. The comnunication invites representation to the debate scheduled for February 28th, 1990, to consider the recommendation of the Kitchen report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried UnanimouslM. REPORTS PD-90-18 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lot 57, Pamela Drive, West Meadow Subdivision (Registered Plan M-129). The report recommends the following: 1) That the request from Joseph Nicoletti, on behalf of the owner, to exempt from Part Lot Control Lot 57, Registered Plan M-129, be approved and that Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control; 2) That By-law 89-212 be rescinded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. PD-90-21 - Mayor's Committee on Housing - Re: Housing Costs and the Goods & Service Tax. The report recommends the following: 1) That the City Council receive this report for information; 2) That a copy of this report be forwarded to the Honourable Michael Wilson, Minister of ~inance and Mr. Rob Nicholson, M.P., Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted, Carried UnanimouslM. S-90-O4 - Chief Administrative Officer - Re: The Establishment of Certain Lands as Public Highways. The report recommends that Council approve the by-law on this evening's agenda that would establish the following lands for Public Highway purposes: . . . . 4 1) 2) 3) that the report be received and adopted. - 4 - Parts 6, 7 & 8 on Reference Plan 59R-6486 to become part of Kalar Road; Parts 1 & 2 on Reference Plan 59R-6761 to become part of Chippawa Parkway; Part 1 on Reference Plan 59R-6749 to become part of Buchanan Avenue. ORDERED an the motion of Alderman Cummings, seconded by Alderman Cowan, Carried Unanimously. See By-law No. 90-47. S-90-05 - Chief Administrative Officer - Re: Correcting Deed to Raymoud Dodge - Lyons Creek Road. The report recommeuds that Council pass the by-law appearing on this cvening's agcnda to authorize the Mayor and Clerk to execute a Correcting Deed in favour of Raymond Dodge for part of Lot 16, Concession 6, former Township of Willoughby, now in the City of Niagara Falls, Regional Municipality of Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 90-48. CD-90-10 - Chief Administrative Officer - Re: Encroachment, 4160 Victoria Avenue at Ferguson Street. The report recommends that the application to permit the continuation of the encroachment of a dwelling upon the Fergoson Avenue road allowance, be approved, and the appropriate by-law be enacted by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 90-49. B-90-12 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Addition to the Glengate Motel, 5534 Stanley Avenue; Site Plan Control 4/90. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed motel, and the site plan being drawing Number A-l, aod filed with the Buildings & Inspections Department of the City of Niagara Falls on February 15, 1990, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. B-90-13 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 3 Unit Townhouse Dwelling; North East Corner of Alex Avenue and McLeod Road; A- 73/89; Site Plan Control 3/89. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed 3 unit townhouse dwelling, and the site plan being drawing Number SP-1 and filed with the Buildings & Inspections Department of the City of Niagara Falls on February 15th, 1989, and that such approval be subject to the conditions enumerated in the. report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted. Carried Unanimously. MW-90-33 -MunicipalWorks Committee - Re: Committee Report: Updating of Local Improvement Rates. The report recommends that the updated rates for local improvement works, as indicated in this report, be adopted for 1990. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-35 - Municipal Parking Committee - Re: Committee Report; Van Alstyne Place - Overnight Parking By-law. The report recommends the following: Municipal Parking Committee Recommendations~ - 5 - 1) That parking be restricted on the east side of Van Alstyne Place from Stamford Street to the north limit of Van Alstync Place; aud 2) That the residents of 5325 Van Alstyne Place Apartments be permitted to park their vehicles on the west side of Van Alstyne Place overnight for a temporary period of six months. During the discussion on this matter, Alderman Campbell returned to the meeting. Engineering Staff Recommendations: 1) That parking be restricted as outlined Conmittee~s recommendation number one; and above in Municipal Parking 2) 3) That the residents of 5325 Van Alstyne Place Apartments not be permitted to park their vehicles on the west side of Van Alstync Place overnight for a temporary period of six months; and That the residents of 5325 Van Alstync Place Apartments be permitted to park their vehicles in the parkette parking lot situated on the south side of Stamford Street for a temporary period of six months. Mr. and Mrs. W.E. Toppari, 3628 Arlington Avenue, owners of Van Alstyne Place Apartments, were in attendance. Mrs. Toppari reviewed actions taken to date, and referred to the parking tickets being received by tenants. In response to the reqncst of Mrs, Toppari, the Chief Administrative Officer advised that information respecting the by-law would be provided. During the discussion, Mrs. Toppari expressed concern regarding speeding vehicles on Huggins Street. His Worship Mayor Smeaton stated that there would be a request for policing the speed. It was moved by Alderman Cummings, seconded by Alderman Cowan, that the report be received and the recommendations of the Municipal Parking Conunittee be adopted. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cowan and Cummings. NAYE: Aldermen Harrington, Hendershot, Hopkins, Janvary, Orr, Puttick and Sherar. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the report be received and the recommendations of the Engineering Staff be adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Itarrington, Hendershot, Hopkins, Janvary, Orr, Puttick and Sherat. NA~E: Aldermen Cowan and Cu~mmings. F-90-13 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $442,488,04, for the period ending February 19th, 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. 55387 because his family is involved. Alderman Orr declared a conflict of interest on Cheque No. 55454 because she is employed by the College. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Campbell and Orr abstaining from the vote on Cheque Nos. ~5387 and 55454 respectively, on conflicts of interest previously recorded; with Alderman Uopkins voting contrary on Cheque No. 55374; and with all others voting in favour. See By-law No. 90-52. - 6 - MW-90-37 (IIANDOUT) - Chief Administrative Officer - Re: Tree Branch Disposal. The report recommends that a one week tree branch pickup and disposal program be approved for the week coramcncing Monday, February 26, 1990. ORDERED on the motion of Alderman err, seconded by Alderman danvary, that the report be received and adopted. Carried UnanimouslJ. 11R-90-06 (ItANDOUT) - Chief Administrative Officer - Re: External Equity. The report, which was considered earlier this evening in Committee of the Whole, recommends that Council adopt the "External Equity, Second StrategY", as proposed in Report HR-89-20, Job Evaluation/PaY Equity Plan Non-Union Employees. ORDERED on the motion of Aldcn~an puttick, seconded by Alderman Sherar, that the report be received, and that Pay Equity be effective January I, 1990, with the Internal Equity Plan becoming effective June 1, 1990, and the External Equity Plan effective September 1, 1990. The motion Carried with the following vote: AYE: Aldermen Campbell, Harrington, Hcndershot, Hopkins, Janvary, Puttick and Sherat. NAYE: Aldermen Cowan, Cummings and err. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the following by-law be now read a third time: No. 89-295 - A by-law to amend By-law No. 73-267, being a by-law to impose special charges on certain classes of buildings with respect to sewer and water systems. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-44 - A by-law to amend By-law No. 79-200, as amended. (AM-28/89 Frank Miele; pD-89-153 approved by Council October 16/89). No. 90-45 - A by-law to amend By-law No. 70-135, being a by-law to impose a sewage service rate. No. 90-46 - A by-law to amend By-law No. 75-20, as amended, being a by-law to regulate the supply of water and to provide for the maintena~ce and management of waterworks and for the imposition and collection of water rates, No. 90-47 - A by-law to establish certain lands as public highways. No. 90-48 - A by-law to authorize the execution of a Correcting Deed transferring land to Raymond Dodge. No. 90-49 - A by-law to allow the maintaining and using of a building which encroaches on Ferguson Avenue. No. 90-50 - A by-law to designate certain land not to be subject to part lot control. No. 90-51 - A by-law to authorize the conveyance of lands to The Regional Municipality of Niagara. (Report CD-90-06 approved by Council February 12, 1990). No. 90-52 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and 0rr abstaining from the vote on By-law No, 90-52, on conflicts of interest previously recorded under Report No. F-90-13; with Alderman Ilopkins voting contrary on By-law No. 90-52 as previously recorded under Report No. F-90-13; and with all others voting in favour. 7 ORDERED on the motion of Alderman Curmnings, seconded by Alderman Cowan, the following by-laws be now read a second and third time: No. 90-44 - A by-law to amend By-law No. 79-200, as amended. that No. 90-45 - No.~,90-46 - No. 90-47 No. 90-48 No. 90-49 No. 90-50 A by-law to amend By-law No. 70-135, bciug a by-law to impose a sewage service rate. A by-law to amend By-law No. 75-20, as amended, being a by-law to ,~ ,,regulate the supply of water and to provide for the maintenance and 'management of waterworks and for the imposition and collection of water rates. - A by-law to establish certain lands as public highways. - A by-law to authorize the execution of a Correcting Deed transferring land to Raymond Dodge. - A by-law to allow the maintaining and using of a building which encroaches on Ferguson Avenue. - A by-law to designate certain land not to be subject to part lot control. No. 90-51 - A by-law to authorize the conveyance of lands to The Regional Municipality of Niagara. No. 90-52 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and err abstaining from the vote on By-law No. 90-52, on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on By-law No. 90-52 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF INTEREST: Extra Long Trucks & Truck Trailers - Alderman Campbell referred to Council's previous discussion regarding the subject matter, and advised that he had received, from the Ontario Traffic Committee, an article which indicated that the Minister of Transport would be bringing in legislation during the spring of 1990, allowing extra long trucks on Ontario highways. During the discussion that followed, the City Clerk indicated that a report would be submitted at the next meeting of City Council. Long Range Planning - Alderman tlarrington initiated a discussion regarding the need for a further long range planning session of Council. It was moved by Alderman Harrington, seconded by Alderman Campbell that a meeting be scheduled on a Saturday in April, to assess the progress of 1989, and establish goals for 1990 and 1991. Following a discussion, it was moved by Alderman Cummings, seconded by Alderman Puttick, that the matter be tabled for two weeks. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Cummings, Hendershot, Orr, Puttick, Sherar, and Mayor SmeatOn, NAYE: Aldermen Campbell, Cowan, Harrington, Hopkins and Janvary. -8 - It was moved by Alderman Cummings, seconded by Alderman Sherat, that the meeting adjourn. Carried Unanimously'_. READ AND ADOPTED, · ' ' ~MAYOR NINTH MEETING COMMITTEE OF THE WHOLE Committee Room ~1 February 26, 1990 Council met on Monday, February 26th, 1990, at 6:45 p.m., in Committee of the Whole. All members of Council, with the exception of Aldermen Cowan and Puttick who were absent on City business, Alderman Hopkins who was absent due to illness, and Aldermen Hinsperger and Orr, were present. Alderman Ward 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, C REGULAR MEETING Council Chambers February 26, 1990 Council met on Monday, February 26th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Aldermen Cowan and Puttick who were absent on City business, Alderman Hopkins who was absent due to illness, and Aldermen Hinsperger and Orr, were present. His Worship Mayor Smeaton presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the minutes of the meeting held February 19th, 1990, be adopted as printed. Carried Unanimously. PRESENTATIONS ~A~T NIAGARA HOUSING AUTHORITY - His Worship Mayor Smeaton welcomed the following members of the East Niagaxa Housing Authority to the Council meeting, and presented them with a recognition certificate on the occasion of the 25th Anniversary of The Ontario Housing Corporation, August 11, 1989; and with City of Niagara Falls lapel pins: William Chivers, Chairman; Barb Scott, Vice-Chairman; Ron Gibson; Harry Rustige; Domehie Chiarella; and Ed Fortier, Housing Manager. His Worship Mayor Smeaton welcomed John Lummen to the meeting, and presented him with a Special Recognition plaque for Community Service Rendered to the Senior Citizens of Niagara Falls, and with a City of Niagara Falls lapel pin. UNFINISHED BUSINESS RETAIL BUSINESS HOLIDAYS ACT - SUNDAY & HOLIDAY SHOPPING| CD-90-12 - Chief Administrative Officer - Re: Retail Business Holidays Act - Sunday and Holiday Shopping (COUNCIL 1988 05 30). The report recommends the followings 2 1) 2) 3) 4) That the Regional Municipality of Niagara's Special Committee on the Retail Business Holidays Act, Sunday and Holiday Shopping, be advised of the City of Niagara Falls' position in respect to the Retail Business Holidays Act as it may apply to Sunday and Holiday Shopping; That the City of Niagara Falls continue to support the present Tourist Commercial areas as defined by Regional By-law Nos. 1447-1392-76, 1467- 1420-76, 1694-77, 1733-77, 3351-83 and 4780-87, and that no reduction to this area would be acceptable; That the City of Niagara Falls can support the principle of one day's rest in seven; That Council encourage input from the City's Economic DevelopmentAgency, Niagara Falls Chamber of Commerce and the City's Visitor and Convention Bureau to the Region. -AND- Communication No. 70 (HANDOUT) - Ann & Ray Matthews and Home Hardware Staff - Re: Sunday Retail Shopping. The communication advises of the writers' inability to attend this Council meeting, and supporting the concept that Sundays not be approved for shopping purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted, and the communication be received and filed. Carried Unanimously. EXTRA LONG TRUCKS & TRAILERS ON ONTARIO ROADS: CD-90-13 - Chief Administrative Officer - Re: Extra Long Trucks & Trailers on Ontario Roads - Bill 96 (COUNCIL 1990 O1 15). The report recommends the following: 1) That Council inform the Minister of Transportation that the City of Niagara Falls is opposed to the legislation as proposed under Bill 96 to permit the use of extra long trucks and tractor trailers on Ontario Roads; 2) That the Minister of Transportation be encouraged to tighten the regulations in such a manner that the use of the admittedly less stable A and C train configurations will be eliminated. ORDERED on the motion of Alderman Cummings, seconded by Alderman C~mpbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hendershot, Janvary and Sherat. NAYE: Alderman Ward. VAN ALSTINB PLACB PARKING RESTRICTION: MW-90-39 - Chief Admluistrative Officer - Re: Van Alstyne Place Parking Restriction (COUNCIL 1990 02 19). 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 Janvary, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law No. 90-53. WALKER BROTHERS QUARRIES LTH., REGIONAL POLICY PLAN AIdEMT NO. PD-90-29 - Environmental Planning & Greening Committee - Re: Walker Brothers Quarries Ltd., Regional Policy Plan Amendment No. 44 (COUNCIL 1990 O1 22). The report attaches Report No. PD-90-22 recommending that the City not object to the proposed amendment to permit expansion of Walker Brothers Quarries, subject to conditions included in the report, and recommends that this report be received and filed. -3 - Alderman Campbell declared a conflict of interest because his parents are participants in the organization opposing this development. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. COUNCIL LOCATION MARCH 5, 1990: M-90-O2 - Mayor William S. Smeaton - Re: Council Location March 5, 1990. The report recommends that Council consider holding the Council Meeting of March 5th, 1990, in a facility large enough to accommodate a great number of interested citizens who are expected to attend the meeting. His Worship Mayor Smeaton suggested the possibility of the Niagara Falls Secondary School auditorium or another high school auditorium being considered as an alternative location. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and the Niagara Falls Secondary School auditorium be leased for the Council Meeting of March 5th, 1990. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Rendershot and Shetar. NAYE: Aldermen Janvary and Ward. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that a letter be forwarded to Premier Peterson requesting permission to have a deputation present the concerns of City Council in terms of duplication of service, highway expansion, health services in Niagara Falls, taxation, etc. Carried Unanimously. COMMUNICATIONS No. 71 - Niagara District Health Council - Re: Health Goals for Niagara: Goals, Priority Objectives & Preliminary Targets. The communication attaches the report for the information of Council. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Barrington, Bendershot, Janvary, and Ward. NAYE: Alderman Sherar. No. 72 - City of Cornwall - Re: OHL Franchise. The communication requests support for a unified approach to the NHL to review and improve the monetary contributions that they make to Junior hockey franchises. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the matter be tabled pending further information from Niagara Falls Thunder. Carried Unanimously. 'No. 73 - Gerry Weiner, Secretary of State - Re: Five-Star Community Awards Program. The communication invites Council to request the Guidebook and application form with respect to the Community Awards Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be referred to Staff for information and processing. Carried Unanimously. No. 74 - Niagara Women in Crisis - Re: "Book Riot" - Skyion Tower, May 16 - 21, 1990. The communication requests permission to hang a banner across Stanley Avenue at Stamford Street. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the request be granted subject to the approval of other authorities. Carried Unanimously. -4- No. 75 - Association of Municipalities of Ontario (ANn) - Re: 1990 Ontario Budget - Municipal Action Plan, Regional Campaign Meetings. The communication requests representation at one of the scheduled meetings. Mayor Smeaton was asked to obtain a count of those members wishing to attend. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed, and that interested members of Council contact the Clerk's Department. Carried Unanimously. No. 76 - Bill Davis, Government Relations Committee - Re: Revised Retail Business Holidays Act. The communication asks Council to include a clause to prohibit the sale of a motor vehicle on a holiday, if passing a by-law in accordance with sectmon 4 of the amended Retail Business Holidays Act. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the communication be received and filed. Carried Unanimously. REPORTS R-90-O4 - Chief Administrative Officer - Re: Arts & Cultural Committee. The report recommends that Staff be directed to coordinate a meeting consisting of a representative of City Council, the Recreation Commission and representatives of the local Arts and Culture organizations, to explore the feasibility of establishing a City Arts and Cultural Committee; and that Council appoint one of its members to attend this meeting. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that Alderman Sherar be authorized to act as the representative of Council on the Committee. Carried Unanimously. B-90-15 - Chief Administrative Officer - Re: Cash-in-LieuAgreement Between the Corporation of the City of Niagara Falls and Mr. Tom Basell for and on behalf of Basell's Restaurant and Tavern, 4880 Victoria Avenue. The report recommends that Council authorize a cash-in-lieu agreement with Basell's Restaurant and Tavern c/o Mr. Tom Basell. 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 Janvary, that the report be received and adopted. Carried Unanimously. B-90-16 -Municipal ParkingCommlttee - Re: Cash-in-Lieu. The report recommends the following: 1) That City Council approve the attached report dated January 29, 1990, which was directed to the Parking Committee for consideration. The report provides for cash-in-lieu for C.I. Burland Properties Ltd., Niagara Clifton Motor Inn, 4943 Clifton Hill; 2) That cash-in-lieu reports, which deal with specific properties, go directly to City Council without going to the Parking Committee; 3) That City Council authorize the Parking Committee to review the entire Cash-in-Lieu Policy and report back to City Council. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward,' that the report be received and adopted. Carried Unanimously. -5 - 2) That Staff be authorized to commence the required procedures to stop up, close and dispose of a portion of the subject laneway as it abuts the lands of the Chalet Motor Inn. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. PD-90-24 - Chief Administrative Officer - Re: Re: Decontamination of PCBs at 4281 Kent Avenue (The Regional Municipality of Niagara - Kent Avenue Pumping Station). The report recommends the following: 1) That Council endorse the proposal to decontaminate PCBs at 4281 Kent Avenue, conditional upon: (a) the proponent notifying the Fire Chief of the actual commencement of the decontamination process; (b) meeting all applicable MOE standards and utilizing MOE approved technology; (c) obtaining prior approval of the City if Municipal water or sewers are to be used; and 2) That Council notify the MOE and the proponent regarding recommendation Number 1, that no other local permits are required and that the 30-day notification period may be waived. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. M1~-90-40 - Municipal Parking Committee - Re: Committee Report: 1990 Ontario Traffic Conference (O.T.Co) Annual Convention Attendance. The report recommends that three (3) members of the 1991 O.T.C. Local Arrangements Committee be permitted to attend the 1990 Ontario Traffic Conference Annual Convention, Cornwall, Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. F-90-14 - Finance Committee - Re: Committee Reports: The report recommends the following: 1) Distress Centre of St. Catharines & District Inc. - It is recommends that Council receive and file the request from the Distress Centre for 1990 funding; ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the recommendation be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Sherar and Ward. NAYE: Aldermen Harrington, Hendershot and Janvary. 2) RI-90-O1, Schedule of Rates and Fees - It is recommended that Council Adopt R1-90-01, Schedule of Rates and Fees for 1990 regarding Recreation and Cemeteries. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and the recommendation adopted. Carried Unanimously. CD-90-11 - Chief Administrative Officer - Re: Disposal of Laneway, Chalet Motor Inn. The report recommends the followings 1) That Council approve the value of $15,000.00 plus all survey costs for the subject laneway; F-90-15 - Chief 6dministrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,227,065.33 for the period ending February 26, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of inter~ on Cheque No. 55543 because the organization is a client. - 6 - Alderman Hendershot declared a conflict of interest on Cheque No. 55574 because he is a member of the Board of Directors of the group. Alderman JanvarY declared a conflict of interest on Cheque No. 55545 because her husband is a dentist- ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Aldermen Campbell, Hendershot and Janvary abstaining from the vot~[nCYeque Nos. 55543, 55574 and 55545 respectivelY, on conflicts of interest previously recorded; and with all others voting in layout. See By-law No. 90-54. B-90-14 (HANDOUT) - Chief Administrative Officer - Re: Site Plan Approval - proposed 6 Storey Hotel Building, N/E Corner of Belmont Avenue and Lundy's Lane; AM-3/88, By-law 89-149 as Revised by the Decision of the Ontario Municipal Board, Dated February 13, 1989. The report, which was considered earlier this evening in Committee of the Whole, recommends that the Council approve the site plans on display at tonight's meeting, being a proposed Hotel Building, and the site plan and landscaping site plan show on drawing Number 1 and entitled site plan, and the storm management site plan being drawing Number I and entitled 100 yr. storm management site plan, and the site plan and details mechanical plan being drawing Number M-1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 22, 1990 and that such approval be subject to the conditions enumerated in the report. ORDERED on the motlon of Alderman Campbell, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. S-90-O7 (HANDOUT) - Chief Admiuistrative Officer - Re: Full Time Secretary 1 for City Solicitor's Office. The report, which was considered earlier this evening in Committee of the Whole, recommends that the position of Secretary 1 in the Legal Department be made permanent effective April 1st, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 19 - CUI{4INGS - SHElIAR- RESOLVED that the Program of proposed Supplementary Expenditures for Highway Improvements for the year 1990, dated February 26, 1990, be adopted as presented in the total estimated amount of $171,200.00, with an estimated subsidy of $85,600.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 20 - CI~e4INGS - SHEPAR- RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1990, dated February 26, 1990, be adopted as presented in the total estimated amount of 82,175,900.00, with an estimated subsidy of $869,400.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 21 - CU)edlNGS - SHEBAR - RESOLVED that the City of Niagara Falls make application to the Ministry of Municipal Affairs for a Community Planning Study Grant, A Special Initiative to Support Housing, in the amount of $39,655.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the following by-laws be now read a third time: No. 89-307 No. 89-313 - 7- - A by-law to approve an application of The Niagara Falls Public Library Board for the issue of debentures in the principal amount of $1,000,000.00. - A by-law to authorize the reconstruction of a municipal parking lot. No. 89~314 No. 89-315 No. 90-13 - - A by-law to authorize improvements to various Municipal rural ~dra~ns.. - A by-law to authorize a construction programme to provide services for Phase 1 of the Montrose Business Park. A by-law to amend By-law No. 89-315, being a by-law to authorize a construction programme to provide services for Phase 1 of the Montrose Business Park. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-53 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. No. 90-54 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Hendershot and Janvary abstaining from the vote on By-law No. 90-54, on conflicts of interest previously recorded under Report No. F-90-15; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: No. 90-53 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. No. 90-54 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Hendershot and Janvary abstaining from the vote on By-law No. 90-54, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS I~ OF CONCEH,N: Conmmnications/Translation - Alderman Cummings initiated a discussion with respect to communications, in foreign languages, which are received by Council. His Worship Mayor Smeaton indicated that there is sometimes a need to translate documents from French, German, Italian and Polish to English, and that employees have previously consented to do these translations. He stated that future correspondence would be translated prior to distribution. Sidewalk Snowploughing - Alderman Sherar discussed his concerns regarding the need for sidewalk snowploughing on Lundy's Lane, between Drummond Road and the Churches on both the north and south side of the road. The Maintenance & Operations Engineer explained actions taken to resolve the snow and ice removal. -8- It was moved by Alderman Ward, seconded by Alderman Sherar, meeting adjourn. C_arri~ that the READ AND ADOPTED, TENTH MEETING REGULAR MEETING Niagara Falls Secondary School March 5, 1990 Council met on Monday, March 5th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Aldex~en Campbell who was absent on personal business, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Sherar offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherar, that the minutes of the meeting held February 26th, 1990, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS ENGLISlt IN NIAGARA FALLS: Conm~unication No. 77A - Ted Wiwchar - Re: English as Working Language. The communication requests permission to address Council on the matter. - AND - Communication No. 77B - Mrs. Glennis Elliott, Concerned Citizens of Niagara Falls - Re: Proposed Resolution. The communication asks that the following names be added to the Council Agenda on March 5th, 1990 to speak on the proposed Resolution by Alderman Pat Cummings: Mrs. Helen Oberlein; Mr. Bill Bolt/Ron Leitch; Mr. Less Elliott; and Mrs. Muriel Mitchell. -AND- Communication No. 77C - Mr. Joseph Joy - Re: English Only. requests permission to address Council on March 5th, 1990. The communication - AND - Communication No. 77D - Ms. Chris Holmes - Re: Unilingual communication asks permission to be heard on March 5th, 1990. English. The - AND - Communication No. 77E - Patricia E. Semach - Re: English Only Resolution. The communication expresses concern over the language issue and submits an application to speak on March 5th, 1990. - AND - Communication No. 77F - Mrs. Helen M. Oberlein - Re: Alderman Cummings' Resolution. The communication asks that the following names be added to the agenda to address the meeting on March 5th, 1990: Margaret Fox and Lorna Draper. - AND - Communication No. 77G - Denis Stefaniuk, Niagara Falls, Canada, Visitor & Convention Bureau - Re: Official Unilingualism. The communication requests permission for Ms. Ev McTaggart, President of the Bureau, to address Council on March 5th, 1990. - AND - Communication No. 77H- Denise Charlebois, President, Club Alouette. communication requests permission to address Council on March 5th, 1990. The - AND - Communication No. 771 - Hector Lapierre - Re: Language Issue. The communication requests permission to speak during the meeting on March 5th, 1990. - AND - Communication No. 77K - Josee Lamarche, ACFO - Re: English Only. The communication advises that Mrs. Regine Bissonnette will be making a presentation at the meetinS on March 5th, 1990. -2- - AND - Con~nunication No. 77L - Kenneth B. Harris, Solicitor - Re: English Language Resolution. The communication requests permission to address Council on March 5th, 1990. -AND - The Communication No. 77M - Ms. Lee Tugtin - Re: French Language Issue. communication requests the opportunity to address Council on March 5th, 1990. - AND - Re: Communication NO. 77N - Giles Devost, president P.T.A., Saint Antoine - English/French Issue. The communication asks permission to speak at the meeting. During the discussion a brief summation of previous action taken with regard to the language issue was presented, concern was expressed respecting tax dollars beiUg used for the promotion of French language services across Canada, reference was made to preferential treatment, advertisements by the Federal axld provincial Governments for French speaking positions, future loss of jobs by English speaking Canadians, and the provision of various Governments in both languages. Further reference was made to the priority need for a chronic care facility. Further discussion referred to the Federation of Canadian Municipalities (FCM), the Association of Municipalities of Ontario (AMO), and the success of the democratic system. The results of a similar motion in Sault Ste Marie, and the sign law in Quebec were discussed, as well as the results of the proposed motion on the agenda. Prior to the presentation by Mr. Ted Wiwchar, His Worship Mayor Smeaton declared a brief recess to have order restored. Following the brief interval, Council members reconvened. Mr. Ted Wiwchar, 6497 Corwin Crescent; Mrs. Helen Oberlein, 6744 Riall Street; Mr. Stan Brown, Pelham Road, St. Catharines; Mr. Les Elliott, 6357 High Street; Mrs. Muriel Mitchell; Mr. Joseph Joy, 2175 Mewburn Road; Ms. Chris Holmes, 4604 Fourth Avenue, addressed Council in support of the proposed motion and expressed their concerns in terms of the increased positions designated bilingual; the large National deficit for which no payment is being made as a reduction measure; the large outstanding debt to countries outside of Canada; the reduction of transfer payments in Ontario, as well as health services and post-secondary education, and at the same time the spending of $3.5 billion to promote French Services across Canada; the commitment of the "whole of Canada to official hilingualism", by the Federal Government, with 96% of the population outside Quebec using English, without the right to promote English in Quebec; the inclusion of the Municipalities in the Federal Language Bill; the provision of French Services by the Ontario Government with English speaking Canadians being denied the right to use one of Canadafs official languages; and the fines levied in Quebec for the display of English signs; the Hansard report, produced in French, which recommends to the Ministry of Municipal Affairs, "the most effective procedures for Municipalities to encourage services in French". The Concerned Citizens further noted that language was not included in the Human Rights Act; that a referendum had never been taken; they expressed the view that Ontario would "be bilingual before long" with costs being borne by the Municipalities; stated the desire to remain "Canadians" rather than being "Anglephones", referring to a multicultural heritage; discussed advertisements placed in newspapers by Provincial authorities and requiring superior French language, good English, without stressing qualifications; referred to the unfavourable aspects of English speaking persons living and travelling in Quebec; and discussed tax dollars being used to provide education in the French language. Council was advised of the results of ballots completed by residents of the Cityl and the names of 5,000 persons in fayour of the resolution} referred to the intention of protecting the Municipality from possible future legislation; discussed the inaccuracies in the interpretation of statistical information to - 3 - determine the need for French Services. Further concerns included Canadian historical information being removed from schools; denial of Canadian participation in World War II; the enforcement of the French language; and the costs associated with bilingual services in French on documents, and throughout the many departments of the City. His Worship Mayor Smeaton asked the speakers to submit their written comments to the Clerk in order that the concerns might be investigated and a response made. The following persons addressed Council in opposition to the English only motion: Patricja E. Semach; Ms, Ev McTaggart, President, Niagara Falls Visitor & Convention Bureau; Hector Lapierre; Mrs. Regine Bissonnette, ACFO Niagara; Denise Charlebois, Kenneth B. Harris,. Solicitor; Ms. Lee Tustin; and Giles Devost, President, P.T.A., St. Antoine School. Written submissions were reviewed by MrS. Bissonnette, Ms. McTaggart, Denise Charlebois and Giles Devost. They discussed the French participation in Canadian history; the imposition of English Services on the MunicipaIity; French Services already in place in the City of Niagara Falls; the potential boycott of Niagara Falls by Quebec Tourism Associations; the monetary benefits of Quebec tourists to the City; and referred to the undesirable results of the "English only" motion made by Sault Ste. Marie. During the submissions of opposition, His Worship Mayor Smeaton declared a short recess to have ordered restored. Following the recess, Council members reconvened. The speakers opposing the English only motion referred to the need to retain mutual respect and harmony, unity, growth and economic prosperity for the community; discussed the need to accommodate and serve the increasing number of French speaking tourists, and the need to "project an image of first-class hospitality". It was noted that the working language of the City is English, and a message of "intolerance" would be projected by approving the motion; and concern was expressed regarding the possible "break-up of Canada". Council was apprised of the welcome shown English speaking residents by the French community and school in Niagara Falls, the need for a second French school, and requested that Council not support the proposed motion. It was moved by Alderman Cummings, seconded by Alderman Sberar, that the working language of the City of Niagara Falls be English. The motion was Defeated on the following recorded vote: Alderman Cowan AYE Alderman Janvary NAYE Alderman Cummings AYE Alderman err NAYE Alderman Harrington NAYE Alderman Puttick NAYE Alderman Hendershot NAYE Alderman Sherar AYE Alderman Hinsperger NAYE Alderman Ward NAYE Alderman Hopkins ~ NAYE Mayor Smeaton NAYE His Worship Mayor Smeaton declared a 10 minute recess at 10:45 p.m. Following the recess, Council reconvened for the balance of the meeting. ORDERED on the motion of Alderman Hopkins, seconded by Alderman err, that approval be given to proceed past 11:00 p.m. Carried Unanimously. COMMUNICATIONS No. 78 - The Regional ~dunicipality of Peel - Re: Federal/Provincial/Municipal Relations. The communication attaches a copy of the subject report for the information of Council, - 4 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the communication be referred to the upcoming meeting with Premier Peterson. Carried Unanimously. No. 79 - Harold F. Gilbert, Chairman, Better Roads Coalition - Re: Funding Shortfall for Road Transfers to Municipalities. The communication attaches a copy of a letter to Peter Adams, MPP respecting the funding shortfall. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 80 - Environmental Assessment Board - Re: Notice of Public Hearing - Future Electricity Requirements & Related Matters. The communication includes information respecting the Preliminary Public Hearing scheduled for April 4th, 1990, at the North York Civic Centre. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the communication be'referred to the Environmental Planning & Greening Committee. Carried Unanimously. No. 81 - City of Port Colborne - Re: Young Drain - Engineering Services Proposal. The communication advises that Spriet Associates has been appointed to prepare a preliminary report for the Young Drain, and that land within Niagara Falls will be affected by any subsequent works on the Young Drain. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the communication be referred to Staff. Carried Unanimously. No. 82 - Gordon Overend Re: Cleaning Snow from City Sidewalks. The communication advises of the dangers to citizens walking on the road, offers suggestions for sidewalk clearance, and requests the consideration of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the communication be referred to Staff. Carried Unanimously. REPORTS CD-90-O9 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - The Katharina Plan; File No. 26T-89039. The report recommends that the City Clerk be authorized to process the application for the Katharina Plan of Subdivision and that a report be prepared for Council's further consideratipn of this plan based on technical information received, public input, etc. - AND - Communication No. 83 - Jean Grandoni - Re: Katharina Plan of Subdivision, Northwest Area Stage 2, Kalar Road Pumping Station Flood. The communication refers to the overflow situation at the aforementioned pumping station, the illegality of proceeding with further development until the station is upgraded, and the O.M.B. decision that Forest Glen Subdivision, Stage 2 would proceed with no cost to the taxpayers. Mr. Ray Matthews, O.L.S., was in attendance to respond to questions raised. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. NW-90-41 - Chief Administrative Officer - Re: Request for the Installation of Observation Wells required for our Proposed 1990-91 Sewer and Road Construction Program. The report recommends the following: 1) That Council authorize Staff to follow-up with Strata Drilling Inc., Cambridge, Ontario, for the installation of approximately twenty-five (25) observation wells as per the Quotation attached; and 2) That Council approve, prior to budget approval, the financing of these observation wells, from the 1990 Operating Budget, Account No. 11608, Major Sewer Repairs. - 5 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-43 Chief Administrative Officer Re: By-law to Authorize Road Construction on Russell Street, from Dorchester Road to St, George Avenue and from St. Patrick Avenue to St. Paul Avenue. The report recommends the following: 1) That Council hear any person who claims that his/her land will be prejudicially affected by the by-law appearing on tonight's agenda to authorize the above noted works; and 2) That subject to there being no valid objections, the by-law appearing on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 90-55. F-90-16 - Chief Administrative Officer - Re: Municipa] Accounts. The report reco~aends that the accounts totalling $739,632.77 for the period ending March 5th, 1990', be approved b~ the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 55701 because he has a monetary interest. Alderman Puttick declared a conflict of interest on Cheque No. 55673 because he is the payee. Alderman Ward declared a conflict of interest on Cheque No. 55828 because he 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 Hinsperger, Puttick and Puttick abstaining from the vote on Cheque Nos. 55701, 55747 and 55673 respectively; with Aldermen Orr and Puttick voting contrary on Cheque No. 55682; and with all others voting in favour. See By-law No. 90-56. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-55 - A by-law to authorize road reconstruction on Russell Street. No. 90-56 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger, Puttick and Ward abstaining from the vote on By-law No. 90-56 on conflicts of interest previously recorded under Report No. F-90-16; with Aldermen Orr and Puttick voting contrary on By-law No. 90-56 as previously recorded under Report No. F-90-16; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 90-55 - A by-law to authorize road reconstruction on Russell Street. No. 90-56 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger, Puttick and Ward abstaining from the vote on By-law No. 90-56 on conflicts of interest previously recorded under Report No. F-90-16; with Aldermen Orr and Puttick voting contrary on By-law No. 90-56 as previously recorded under Report No. F-90-16; and with all others voting in fayour. - 6 - NEW BUSINESS ITEM OF INTEREST: Appointment to Committees - ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that Alderman Hendershot be appointed to the Municipal Works Committee and the Civic Committee. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman err, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.C. WAGG, CITY C · ' '~ 'biAYOR WIL~ SMEATON ELEVENTH MEETING PLANNING/REGULAR MEETING Council Chambers March 12, 1990 Council met on Monday, March 12th, 1990, at 7:30 p.m., for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Aldermen Campbell and Harrington who were absent on vacation, Alderman Hendershot who was absent on private business, and Alderman Cummings who was absent due to a death in the family, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cowan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sherar, seconded by Alderman err, that the minutes of the meeting held March 5th, 1990, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS PD-90-32 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 4/90; Margaret Connolly, 6117 Biamonte Parkway. The report recommends the following: l) That the application to permit a single family residence be approved as an alternative use to the current zoning provisions applicable to the subject lands; and That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 84 - Regional Niagara Planning & Development Department - Re: Zoning By-law Amendment AM-4/90, 6117 Biamonte Parkway. The communication advises that the Regional Planning Department was not opposed to the Amendment, subject to the satisfaction of the Municipality. His Worship Mayor Smeaten declared the Public Meeting open and reviewed the procedure to be followed under the Plaoning Act, 1983. The Deputy Clerk advised that this was an application to permit a single family residence to be approved as an alternative use to current zoning; that the property was located on the north side of Biamonte Parkway, being Lot 22, Registered Plan 84 for the Township of Stamford (now Niagara Falls); and that the Notices of the Public Meeting had been forwarded by first-class mail on February 9th, 1990. His Wnrship Mayor Smeaton noted that Mr. A.F. Sheppard, Solicitor, was in attendance on behalf of the applicant, and received a negative response to his request for a show of hands by persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report PD-90-25: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review & Analysis. He recommended of approval of the application. There was no response to Mayor Smeaton's request for comments from persons other than the applicant or his agent, in support of the application, and received a negative response to a request for comments from persons opposed to the application. Mr. Shoppard provided a brief history of the subject lands and responded to questions raised regardin~ the proposal. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman err, that the report be received and adopted and the communication received and filed. Carried UnanimouslY. pD-90-33 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 42/89; B. Woodcock, 4746 & 4748 Epworth Circle. The report recommends the following: 1) That Council support the application to permit the construction of six on-street townhouse dwellings including the modifications requested to the provisions regulating the minimum interior side yard widths and the distance a roofed over balcony may project into the rear yard, and that one parking space be provided for each dwelling unit; 2) That matters such as landscaping, fencing, grading, servicing, etc., be addressed through Site Plan Control; and 2) That the applicant and Regional Municipality of Niagara be notified accordingly. - AND - Communication No. 88A - Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment; 4746 & 4748 Epworth Circle. The communication advises that the Regional office was not opposed to the proposal and that comments from the Regional Public Works would be forwarded. Communication No. 888 - Lea & Nick Burdeny - Re: 4746 & 4748 Epworth Circle. The communication opposes the application in terms of the fencing and parking space. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Deputy Clerk advised that the property was located on the southwest side of Epworth Circle, being Lots 164,165 and 166, Plan 747; that the applicant was requesting a zoning change from Residential Low Density, Grouped Multiple Dwellings, to Residential Mixed, to permit six on-street townhouse dwellings subject to modifying some specific regulatory provisions. He further advised that the Notices of the Public Meeting had been forwarded by first-class mail on February 9, 1990. ~ His Worship Mayor Smeaton received indication that the applicant was in attendance, and received a positive response to his request for a show of hands by persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands on the south side of Epworth Circle between Kincaid Place and College Crescent, with the assistance of posted sketches, and reviewed the following ~nformation contained in Technical Report PD-90-28: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Compatibility; and Site Plan Review. A negative response was received to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in support of the application. Mr. Nick Burdeny, 4744 Epworth Circle; William Heran, 4754 Epworth Circle; and Richard Lindsay, 4901 Roberts Street; expressed the following concerns with respect to the application.' the proposed fencing would restrict the adjacent neighbour's activities at the fence line; the inadequacy of parking and vehicular turning on Epworth Circle creating a traffic hazard for children in the area; concern regarding low-rental or non-profit housing; and a general opposition to the project. The suggestion was made that two semi-detached dwellings would be preferable. -3 - Mr. Bruce Woodcock, the applicant, advised that the building was designed to "blend in with the existing environment", which was the reason for a townhouse. He further advised that there would be two parking spaces, the garage and the driveway. Mr. Woodcock suggested that the fence was intended to contain children and animals on the property, and further, that a chain link fence could be substituted for the proposed closed wooden fence. He responded to questions raised regarding rental and freehold ownership; stated that this was not non- profit housing or low rental; discussed property size; and the proposed balcony at the rear. 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 Hinsperger, that the report be received and adopted, the communications received and filed, and further, that concerned residents be invited to attend the site plan discussions. The motion .Carried with the following vote: AYE: Aldermen Cowan, Hinsperger, Hopkins, Janvary, err, Sherar and Ward. NAYE: Aldex~an Puttick. PD-90-34 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-3/90; P. Mottola, 8379 Lundy's Lane. The report recommends the following: 1) That the application to extend the General Commercial (GC) zone for Mottola's Car Sales be approved; 2) That matters such as lighting, fencing, grading, servicing, signage, etc., be addressed through Site Plan Control; and 3) That the applicant and Regional Municipality of Niagara be notified accordingly. - AND - Con~nunication No. 86A -Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment AM-03/90, 8379 Lundy's Lane. The communication advises that the Regional Planning office did not object to the amendment, provided the City was satisfied with respect to the General Commercial boundary and compatibility of adjacent area; and further that comments from the Regional Public Works Department would be forwarded. Communication No. 868 - Nick DiBellonia, Ameri-Cana Resort Motor Inn - Re: Zoning A~nendment Application AM-03/90. The communication expresses support of the proposal. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous applications. Alderman Puttick declared a conflict of interest because he is employed in a car sales agency. The Deputy Clerk advised that the subject property was located on the north side of Lundy's Lane, west of Kalar Road; that the applicant was requesting a zone change from Tourist Commercial to General Commercial to permit the establishment of a new car agency on the subject site; and that the Notices of the Public Meeting were forwarded by first-class mail on February 9th, 1990. His Worship Mayor Smeaton received indication that Mr. John Broderick, Solicitor, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands, known Municipally as 8379 Lundy's Lane, with the assistance of posted sketches, and reviewed the following information contained in Technical Report PD-90-30: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review and Analysis and Site Plan Review, . , . . 4 -4- There was a negative response to Mayor Smeaton's requyest for comments from persons, other than the applicant or his agent, in favour of the application, and those opposed to the proposal. Mr. Broderick advised that this application appeared to be "straight- forward" and indicated agreement with the report. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted, and the communications received and filed. The motion Carried with Alderman Puttick abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. PD-90-35 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 43/89; Canadian Fur. Shop of Saitoh Ltd., 4760 Rice Crescent. The report recommends the following: 1) 2) That Council support the application to permit the construction of a three-storey, 9 unit apartment building on the subject site; That the owner enter into a development agreement with the City, to the satisfaction of the Engineering Department, addressing the widening of Rice Crescent, the construction of a new sidewalk and the dedication of some lands at the southwest corner of Jepson Street and Rice Crescent, to facilitate these improvements; 3) 4} That the owner enter into a Site Plan Agreement with the City and the development be made subject to Site Plan Control, to address parking, fencing, grading, landscaping, servicing, etc.; and That the applicant and the Regional Municipality of Niagara be advised accordingly. Communication No. 87A - Development & Policy Manager - Re: AM-43/89 South West Corner of Jepson Street and Rice Crescent, Lots 75, 86 and 87, Plan 285, Canadian Fur Shop of Saitoh Ltd. The memo enumerates revisions to the roadways, and advises that the Municipal Works Department would have no objection to the orientation of the proposed apartment building remaining, subject to a development agreement with the Municipality. - AND - Communication No. 87B - Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment AM-43/89, 4760 Rice Crescent. The communication advises that the Regional Planning Department does not object to the amendment, subject to the City's satisfaction with respect to parking and compatibility with adjacent uses; and further that the comments of the Regional Public Works department would be forwarded. - AND - Communication No. 87C - Nr. & Nrs. Joe Bowerlag - Re: Zoning By-law Amendment Application AN-43/89. The communication opposes the application in terms of increased traffic flow; lack of recreational area for children in the proposal; inadequate parking space for residents and visitors; traffic congestion; and decreased privacy. Communication No. 87D Richard Lindsay - Re: Zoning By-law Amendment APplication AM-43/89. The communication, on behalf of Anne Lindsay, opposes the proposal because of the need to demolish the existing unique· solid masonry constrnction brick house; encouragement of a disproportionate amount of rental houses; depreciation of the general area and lowering of single family property values; increase in density, increased pedestrian and vehicular traffic; and suggests establishing a com~unity day-care centre. -5- - AND - Communication No. 87E - Pamela-Mae Gibson & Petition from Area Residents - Re: Zoning By-law Amendment Application AM-43/89. The petition expresses opposition to the application. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous applications. The Deputy Clerk advised that the property was located on the southwest corner of Jepson Street and Rice Crescent; that the applicant proposes to change the zoning from Residential Single Family and Two-Family Zoning to Residential Apartment 5B Zoning, to permit a three storey, 9 unit apartment building. He further advised that the Notices of the Public Meeting were forwarded by first- class mail on February 9th, 1990. His Worship Mayor Smeaton received indication that Mr. William Slovak, Solicitor, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands, known Municipally as 4760 Rice Crescent, with the assistance of posted sketches, and reviewed the following information contained in Technical Report PD-90-26: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review and Site Plan Review. He advised that concerns regarding parking, ingress and egress bad been noted, discussed this aspect in detail, and recoramended approval, subject to improvements the conditions enumerated in Report PD-90-35. Mr. Richard Lindsay, 4901 Roberts Street; Mr. Ron Smith, 5114 Rice Crescent; and Mrs. Anne Lindsay, 4767 Jepson Street; expressed opposition to the proposed amendment in terms of: demolition of the existing "stately" building to accommodate construction of the proposed apartment building; fencing, trees and landscaping; inadequate maintenance of the property by the current owners; insufficient parking in the area which is used by businesses on Victoria Avenue; and decreased privacy. Mr. Slovak referred to the beneficial result of property owned by the applicant at Palmer and Victorla Avenues and advised that the proposed apartment building was intended for the employees of that enterprise; discussed the design and landscaping, parking, ingress and egress; and stated that it was an unfair burden to ask his client to pay for the widening of a street and sidewalks which would benefit all. He requested approval of the project, and permit the applicant to redesign the proposal to allow ingress from Jepson Street; close Rice Crescent; undertake through the site plan process, landscaping along Rice Crescent; and relieve the applicant of the cost for road widening. He responded to questions raised regarding the possible future sale of the property, road widening, parking, and entrance off Rice Crescent. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motionof Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted, and the communications received and filed. The motion Carried with the following vote: AYE: Aldermen Cowan, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. NAYE: Alderman Janvary. PD-90-38 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 2/90. The report recommends that Council not support the amendment to the Zoning By-law to recognize the use of the residence as a three unit dwelling. -AND- Comsmnicatton No. 88A - Catherine LeBlanc - Re: Zoning Amendment Application - 5271 Ottawa Avenue. The communication opposes the application because of the inadequacy of hydro service, and inadequate parking facilities. -6- - AND - 5271 Ottawa Communication No. 88B (HANDOUT) - John Collucci - Re: Rezoning - Avenue, The communication reviews historical action with respect to the expanded residential use of the subject property and contravention of the by-law, the complaint lodged in 1989 regarding the three residential units, the inadequate parking, possible encroachment onto adjacent property, and opposes the application. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Deputy Clerk advised that the subject property was located on the west side of Ottawa Avenue, being part of Lot 9, Plan 292 (now Plan 307); that the applicant was proposing to retain the current R2 zoning and introduce site specific provisions to recognize the use of the residence as a three-unit dwelling; and that the Notices of the Public Meeting were forwarded by first- class mail on February 9th, 1990. His Worship Mayor Smeaton indicated that Mr. Jack DeAngelis, the applicant was in attendance, and received a positive response to his request for a show of hands by persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands, known Municipally as 5271 Ottawa Street, with the assistance of posted sketches, and reviewed the following information contained in Technical Report PD-90-27: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. He stated that the subject property was insufficient in size to appropriately accommodate the three dwelling units; that approval of the requested zoning amendment would legalize the existing development, but would also perpetuate the provision of substandard residential accommodation; and further, as it exists currently, the residence does not comply with the Official Plan's intent that different types of dwellings be developed in harmony with each other. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant, in support of the application. Mr. John Collucci, 5275 Ottawa Avenue, was in attendance and referred to his handout letter of opposition. Mr. Phil Roberto, 5238 Ottawa Avenue, expressed his objection to th.e proposal and his agreement with the comments in Communication No. 88B from Mr. Collucci. Mr. DeAngelis discussed the proposal and responded to questions raised with respect to zoning, and the number of apartment units in contravention with the zoning by-law. During the discussion the Deputy Director of Buildings & Inspection explained the by-law procedure, and actions taken for non-compliance, Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the report be received and adopted, and the communications received and filed. Carried Unanimously. CD-90-08 - Chief Administrative Officer - Re: Proposed Plan of Subdivision; Ascot Woods Ext. No. 4; File No. 26T-89018. The report recommends that the Ascot Woods Ext. 4 Subdivision be approved subject to the conditions enumerated in this report. - AND - PI)-90-39 - Chief Admeknistrative Officer - Re: Zoning Amendment Applications AM- 29/89 and AM-30/89, Ascot Woods Ltd., Ascot Woods Extension No. 4, Plan of Subdivisions; Part of Township Lots 105 & 116; West side of Montrose Road. The report recommends the following: , ? -7- 1) That Council support the Zoning By-law Amendment applications for the Ascot Woods Extension No. 4 Plan of Subdivision; 2) That Block 73 in the plan of subdivision, intended for an apartment building, be zoned site specifically incorporating provisions to better maintain the development proposed, and that development thereon be made subject to Site Plan Control to address grading, berming, landscaping, fencing, lighting, access, etc.; 3) That the applicant and Regional Municipality of Niagara be advised accordingly. - AJ~D - Communication No. 89A - Regional Niagara Planning & Development Department - Re: Zoning By-law Amendments AM-29/89 o& AM-30/89 Ascot Woods Extension No. 4; W/S Montrose Road, south of Woodbine Street. The communication advises that the Regional Planning Department does not oppose the application. - AND - Communication No. 89B - Niagara Peninsula Conservation Authority - Re: Zoning By-law Amendment Application AM-29/89 & AM-30/89. The communication advises that the Authority has no objection to the proposal. - AND - Co~anunication No. 89C - Mr. & Mrs. F. Speirs - Re: Rezoning Ascot Woods Extension No. 4, West Side of Montrose Road between Woodbine & Preakness Sts. The communication opposes the rezoning because of increased traffic flow, and suggests opening Trackview Street to Montrose Road to accommodate traffic. - AND - Communication No. 89D - Roy Maxwell. Branch Manager. Trimac - Re: Zoning Amendment Applications AM-29/89 & AM-30/89. The communication expresses opposition to the application because of a potential noise problem and the transportation of hazardous commodities by Trimac. - AND- Communication No. 89E (H/LNDOUT) - Peter J. Lingard, Solicitor - Re: Zoning By- law Amendment Application, Ascot Woods Extension #4: AM-29/89 & AM-30/89. The communication requests a postponement of a decision in this matter subject to further information with respect to "a green belt buffer zone with a four metre noise barrier separating it from Montrose Road"; and reviews concerns regarding dust, odours, visual concerns, traffic and other safety considerations. - AND - Communication No. 89F (HANDOUT) - J.C. Desjardins. Regional Director, Central Ontario, Provost Bulk Transport Inc. - Re: Zoning By-law Araendment, Ascot Woods Subdivision Application. The communication expresses objection to the amendment because of the heavy equipment transporting liquid products and chemicals, and the noise level of the trucks; and suggests modification of the proposal to provide a buffer zone between Montrose Road and any proposed housing development. His Worship Mayor Smeaton declared the Public Meeting open, advised that the procedure to be followed would be similar to the previous application, and further, that the Zoning Amendment Report No. PD-90-39 would be heard after the proposed Plan of Subdivision. Alderman Shetar declared a conflict of interest because his employers were involved in the noise study. The Deputy Clerk advised that the application was received September 28th, 1989, and copies of the material forwarded to all City Departments for a Preliminary Review on September 29th, 1989; and that Notices of the Public Meeting were placed in the Niagara Falls Review on September 28th, and October 5th, 1989. Notice of the Public Meeting for AM-29/89 and AM-30/89 was given by prepaid first-class mail on February 9, 1990. His Worship Mayor Smeaton indicated that Mr. Brian Sinclair, Solicitor and agent for the applicant was in attendance, and received a positive response to - 8 - his request for a show of hands by persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands located on the west side of bluntrose Road between Woodbine and preakness Streets with the assistance of posted sketches, and reviewed the following information contained in Technical Report pD-90-31: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Plaoning Review and Site Plan Review. lie referred to the concerns regarding noise and dust, and the need for a professional study to be undertaken by the developers as a condition of draft plan approval. There was a negative response to Mayor Smeaton's request for comments from persons, other than ~he applicant and his agent, in favour of the application. Mr. Roy Rogers, 7770 Windfield Street; Mrs. Sandra Sanders, 7792 Trackview Street; Mr. Brian Koene, 7820 Windfield Street; and Mr. John Grime, Niagara Block, expressed opposition to the application and reviewed the following concerns: the density of the units to be adjacent to single family homes; Building Permits being issued prior to the installation of asphalt roads and curbs; the approval, by the City Building Inspector, of homes not constructed in accordance with the Building Code in terms of the installation of joists; the need to install street name signs; semi-detached homes and an apartment being constructed rather than the single family homes indicated by real estate agencies; traffic from Baldwin Avenue causing a hazardous condition for school children in the area; and the dust, noise and exhaust from trucks using the industrial route. Mr. Grime pointed out the benefits of industry to the City. Ms. Linda Walters, Solicitor, reviewed the concerns included in Handout Communication Nos. 89E and 89F, stated that the Amendment was not appropriate and requested a postponement until further particulars were available. She discussed the Ministry of the Environment's noise criteria, concerns regarding dust, and the recent overflow at the Kalar Road pumping station which reinforced the concerns of the Niagara Industrial Association. Mr. Brian Sinclair pointed out that the Staff report addressed the noise, and existing zoning, and referred to the proposed Subdivision Plan acting as a barrier for the residents. He stated that a noise study had been initiated but had not been approved by the Ministry of the Environment, and therefore, another study was being completed. Mr. Sinclair referred to special window glass ~ treatment, berming and additional installations to resolve environmental concerns. He requested approval of the subdivision and the rezoning. Mr. Fred Paul, Miller O'Dell & Paul, responded to questions raise~ regarding the concerns expressed with respect to the non-compliance with the Building Code, stating that this would be investigated. A further discussion ensued regarding Recommendation No. 12, Report CD- 90-08: "That the expansion and renewal fees in effect at the time of the "Shriner's Creek Agreement" between the City and the owners of the lands, will be applicable to this plan of subdivision". It was suggested that the 1974 agreement regarding impost rates might be amended if an agreement could be reached by the parties involved. In response to questions raised, Mr. Sinclair stated that he "would rather not lift" proviso Number 12. It was suggested that the industrial area should be protected, and residents aware of their proximity to the industrial area. It was moved by Alderman Hinsperger, seconded by Alderman Hopkins, that the report be received and adopted. The motion was Defeated with Alderman Sherar abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aidennen Cowan, Hinsperger and Hopkins. NAYE: Aldermen Janvary, err, Puttick and Ward. - 9- ORDERED on the motion of Alderman err, seconded by Alderman Ward, that the matter be tabled for a legal opinion on Recommendation No. 12, and concerns regarding the industrial subdivision resolved. The motion Carried with Alderman Sherar abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Janvary, Orr, Puttick and Ward. NAYE: Aldermen Cowan, Hinsperger and Hopkins. PD-90-40 - Chlef Administrative Officer - Re: Official Plan Review - Work Program. The report recommends the following: 1) That Council endorse the approach for undertaking the Official Plan Review as outlined herein; 2) That Council authorize Staff to hold an Open House in the near future and that shortly thereafter, Council hold a Special Meeting, open to the public, in order: (i) To acquaint the public with the past, present and future of planning in Niagara Falls; (ii) To enable Council and Staff to learn what the public's opinions are as to planning and the consultation process; and (iii) To fulfill a requirement of the Planning Act, namely, that a Special Meeting of Council be held "for the purpose of determining the need for a revision of the Official Plan." (s. 26(1)). ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. It was further recommended that all members be invited to attend the Special Meeting. Carried Unanimously. PD-90-36 - Chief Administrative Officer - Re: Request for extension to Draft Plan Approval; Mingle Subdivision 26T-79006 (Revised). The report recommends the following: 1) That a Council Resolution supporting a further six month extension to the revised Mingle Draft Plan of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining the subdivision sign which concurs with Municipal and Regional requirements; 2) That a copy of this report be forwarded to the Regional Municipality of Niagara, Matthews and Cameron Ltd., and to Sinclair, Crowe. ORDERED on the motion of Alderman Hinsperger, seconded .by Alderman Orr, Carried UnanimouslML that the report be received and adopted. UNFINISHED BUSINESS CITY OF COBALL/APPROACH TO NHL RE MONETARy CONTRIBUTIONS: Comxnunication No. 90 - Rick Gay, Niagara Falls Thunder - Re: Cornwall Council's letter.(COUNCIL 1990 02 26). The communication supports the position of the City of Cornwall position that a unified approach be made to the NHL to review and improve the monetary contributions made to Junior hockey franchises. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the position of the City of Cornwall be supported. Carried Unanimously. URBAN SAFETY & CRIME PREVENTIONx Com{nunication No. 91A - Frank H. Parkhouse, Deputy Chief of Police, Support Services, Niagara Regional Police Force - Re: Resolution on Crime Prevention. · · . lO - 10 - The communication expresses support of the fornlation of a National Crime prevention Council, and lists the groups and organizations involved in Crime prevention programs, as well as activities and strategies in the Province of Ontario. - AND - Communication No. 91B - City of North York - Re: National Crime prevention Committee. The coramunication attaches a Notice of Motion regarding the establishment of a National Crime prevention Committee and requests endorsement of the motion. -AND - Re: Communication No. 91C - Social Planning Council of Niagara Falls Resolution on Crime prevention. The communication endorses the concept of a National Crime prevention Council in principle, but suggests that additional infom~ation was required to clar5fy csncerns outlined, and asks that the Social Planning Council be ~ept informed of further information. ORDERED on the motion of Alderman Hopkins, seconded by Alderman err, that the motion with respect to the Federal Government being asked to "establish a National Crime Prevention Council, which, taking account of provincial constitutional responsibilities in the field, would provide leadership and financial support for a broad range of local crime prevention projects, run at the local level, to enhance urban safety in Canada's cities", be approved. Carried Unanimously. COMMUNICATIONS No. 92 - Regional Niagara Office of the Clerk - Re: Fourth Quarter 1989 & Annual Building Permit Activities. The communication attaches Report DF90-30 for the ~nformation of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the communication be received and filed. Carried Unanimously. No. 93 - Association of Municipalities of Ontario (AMO) - Re: AMO Action Plan for the 1990 Ontario Budget. The communication attaches Document II for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the communication be received and filed. Carried Unanimously. No. 94 - City of Port Colbone - Re: Kitchen Report. The communication attaches a copy of a letter to the Minister of Municipal Affairs requesting information regarding the deadline for comments, and asks Council to submit a similar request. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the communication be referred to the Ad tloc Committee. Carried Unanimously. No. 95 - City of Toronto - Re: Housing Action Committee on provincial & Federal Non-Profit Housing Supply Programme, The communication requests endorsement of a resolution to the Federal and Provincial Governments with respect to funding, as indicated in the resolution. ORDERED on the motion of Alderman Hopkins, seconded by Alderman err, that the communication be referred to the Mayerrs Housing Committee. Carried Unanimously. No. 96 - Andrew S. Brandt, M.P.P., Office of the Leader of the OPC Party - Re: The Ontario Lottery Corporation Amendment Act, Bill 119. The communication advises that Bill 119 was passed, and suggests that the financial commitment to cultural and recreational activities, in future, be monitored. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 97 - Town of Kincardine - Re: OSUM Convention - May 2 - 4, 1990. The communication invites the participation of Council in the Conference, ....11 - 11 - ORDERED on the motion of Alderman Hopkins, seconded by Alderman err, that the communication be received and filed. Carried Unanimously. No. 98 - Family And Children's Services Niagara (FACS) - Re: Logo & Name Change. The communication advises that the changes in Logo and Name became effective March 1st, 1990. ORDERED on the motion of Alderman err, seconded by Alderman Hopkins, that the communication he received and filed. Carried Unanimously. No. 99 - Regional Niagara Office of the Clerk - Re: 1990 Water Rates. The communication encloses By-law 5807-90 entitled, "A By-law to Fix the Rates to be Charged for Water Supplied to Area Municipalities During the Year 1990". ORDERED on the motion of Alderman Sherar, seconded by Alderman Cowan, that the communication be received and filed, Carried Unanimously. No. 100 - Regional Niagara Office of the Clerk - Re: 1990 Sewage Rates. The communication encloses By-law No. 5808-90 entitled, "A By-law to Fix the Rates to be Charged for Sewage Received from Area Municipalities During the Year 1990". ORDERED on the motion of Alderman err, seconded by Alderman Sherar, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Cowan, Hinsperger, Hopkins, Orr, Puttick, Sherar and Ward. NAYE: Alderman Janvary. No. 101 - Canadian Cancer Society - Re: Proclamation. The communication asks Council to proclaim the month of April 1990 as "Cancer Month", and requests permission to fly the Canadian Cancer Society's flag. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the requests be granted subject to established policy. Carried Unanimously. REPORTS CD-90-14 - Chief Administrative Officer - Re: Drummond Park Village (Extension No. 5), Proposed Plan of Subdivision; File No.: 26T-89035. The report recommends that the Drummond Park Village Extension No. 5 Subdivision be approved subject to the conditions enumerated in this report. Mr. Grant Minard, Engineering Consultant, was in attendance. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. CD-90-15 - Chj~f Administrative Officer - Re: Encroachments, 4980 Fourth Avenue. The report recommends that the application to permit the continuation of encroachments of a building upon the Fourth Avenue road allowance be approved and the necessary by-law be enacted by the City Council. ORDERED on the motion of Alderman err, seconded by Alderman Sherar, that the report be 'received and adopted. Carried Unanimously. CD-90-17 - Chief Administrative Officer - Re: Encroachments, 4908 St. Lawrence Avenue. The report recommends that the application to permit the continuation of encroachmerits of a building upon the St. Lawrence Avenue road allowance be approved 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 err, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in layout. .... - 12 - It was moved by Alderman Ward, seconded by Alderman Hopkins, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. HR-90-O4 - Chief Administrative Officer - Re: Amendments to By-law 89-179. The report recommends that By-law No. 89-179 be amended to reflect changes in our non-union salary administration plan and clarify present practice relating to vacation carry-over. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. NAYE: Alderman err. HR-90-07 - Chief AdminiStrative Officer - Re: Health & Safety Policy. The report recommends that Council approve a policy dealing with health and safety wherein the City of Niagara Falls is committed to the control of accidental loss. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. - 13 - 1) Dmtmmond Park Village Subdivision Ext. 5 - That Council authorize the execution of the consulting services agreement with Upper Canada Consultants for the Drummond Park Village Subdivision Ext. 5; and 2) Bonato Estates Subdivision - That Council authorize the execution of the consulting services agreement with Robert M. Martin Engineering and Project Management lnc. for the Bonato Estates Subdivision; and 3) Westlane Court Subdivision - That Council authorize the execution of the consulting services agreement with The Proctor & Redfern Group for the Westlane Court Subdivision; and 4) Ascot Woods Subdivision Phase IV - That Council authorize the execution of the consulting services agreement with V & S Engineering Group Limited for the Ascot Woods Subdivision Phase IV. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the report be received and adopted. Carried UnanimousLy_~ FD-90-01 - Chief Administrative Officer - Re: Radio Station Licence Renewal Fee. The report recommends that Council authorize a letter to the Federal Department of Communications objecting to the removal of Preferential Fee Treatment for Municipalities. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted, and that a copy of the letter be forwarded to Mr. Rob Nicholson, M.P. Carried Unanimously. B-90-17 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for February 1990. The report provides information regarding Permits Issued and Highlights for February 1990, and recommends that this report be received and filed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. R-90-O6 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides comparable statistical information for the years 1988 and 1989. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MH-90-47 - Chief Administrative Officer - Re: By-law to Authorize Road Construction on Various Streets. The report recommends the following: l) That Council hear any person who claims that his/her land will be prejudicially affected by the by-law appearing on tonight's agenda to authorize the above noted works; and 2) That, subject to there being no valid objections, the by-law appearing on tonight's agenda be passed by Council. Alderman Janvary declared a conflict of interest because a member of her family lives on Amelia Crescent. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in layout. See By-law No. 90-57. N~-90-48 - Chief Administrative Officer - Re: The report recommends the following: Engineering Design Agreements. ..~.13 MW-90-49 - Municipal Works Committee - Re: Committee Reports. The report recommends the following: l) MW-90-O9 - Hydrant Installation - (i) That the City of Niagara Falls, in its tendering and watermain specifications, specify one of three hydrants be supplied, those three being the Canada Valve Century, the McAvity M-67 or the Concord; and (ii) That the pumper connection specify a "storz" connection. 2) MW-90-36 - Transportation Safety Association Awards - 1989 - (i) That drivers who have completed ten or more years of accident-free driving to be authorized to attend the Transportation Safety Association Banquet on Saturday, March 17, 1990, at a cost of $14.00 per ticket; and (ii) That awards be presented to the eligible drivers at the Municipal Service Centre by His Worship the Mayor between the hours of 3:00 p.m. and 4:00 p.m. on a date suitable to the Mayor. 3) MW-90-3S - Operating Budget for New Equipment Tender - Municipal Works Section - That the Municipal Works Committee give permission to Staff to arrange for the advertisement of tenders for 1990 New Vehicle Equipment purchases. 4) MW-90-45 - Landfill Compactor - That Staff be authorized to invite tenders for the purchase, the lease of the lease-purchase of a new landfill compactor. ORDERED on the motion of Alderman err, seconded by Alderman Sherar, that the report'be received and adopted. Carried Unanimously. MW-90-SO - Municipal Works Committee - Re: Committee Reports: Report I · Mountain Road Landfill Expansion Scheme - Staff Report -AND - Staff Report II - Recommended Expansion Alternative for the Mountain Road Landfill Site - Public Liaison Committee Report. The report recommends the following: l) That Scheme No. 3 be adopted and thus form the basis for the application for expansion to the Mountain Road Landfill Site; 2) That the matter of disposal of Business Sector Waste at the Mountain Road Landfill Site be referred to the Waste Management Sub-Committee; 3) That the Public Liaison Committee Newsletter be received and filed for information; and - 14 - 4) That the City continue to proceed, without delay, with the search for a new Landfill Site. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. F-90-17 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,161,931.84 for the period ending March 12th, 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. 55902 and 55903 because he has a monetary interest. Additional information was provided on Cheque Nos. 55886, 55889 and 56045. ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded; with Alderman Hopkins voting contrary on Cheque No. 55897; and with all others voting in favour. See By-law No. 90-58. RESOLUTIONS No. 22 - HINSPERGER - eRR - RESOLVED that the Council of the City of Niagara Falls supports a further six month extension of draft plan approval for the Mingle Subdivision - File No. 26T-79006 (Revised), conditional upon the applicant maintaining the subdivision sign which concurs with Municipal and Regional requirements, and that the Regional Municipality of Niagara be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 23 - eRR - COWAN - RESOLVED that a letter of condolence be forwarded to the family of the late Elsie Maud Whipp, a respected citizen of the community and mother-in-law of Alderman Pat Cummings of the Council of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 24 - JANVARY - eRR - RESOLVED that a letter of condolence be forwarded to the family of the late Dorothy Honsberger Logan, a respected citizen of the City of Vancouver, wife of Harold A. Logan, former Alderman of the City of Niagara Palls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman err, seconded by Alderman Shetar, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-57 - A by-law to authorize road reconstruction on various streets. Nn. 90-58 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary abstaining from the vote on By-law No. 90-57, on a conflict of interest previously recorded under Report No, MW-90-47; with Alderman Hinsperger abstaining from the vote on By-law No. 90-58, on a conflict of interest previously recorded under Report No. F-90-17; with Alderman Hopkins voting contrary on By-law No. 90-58, as previously recorded under Report No. F-90-17; and with all others voting in layout. ORDERED on the motion of Alderman Hinsperger, seconded by AIderman Orr, that the following by-laws be now read a second and third time: - 15 - No. 90-57 - A by-law to authorize road reconstruction on various streets. No. 90-58 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary abstaining from the vote on By-law No. 90-57, on a conflict of interest previously recorded; with Alderman Hinsperger abstaining from the vote on By-law No. 90-58, on a conflict of interest previously recorded; with Alderman Hopkins voting contrary on By-law No. 90-58, as previously recorded; and with all others voting in favour. NEW BUSINESS ITF~ OF CONCERN: Niagara South Board of Education - Alderman Puttick referred to the response of the Niagara South Board of Education regarding employee retirement gratuity in the Information for Council communications section of the Agenda. Alderman Janvary declared a conflict of interest because she is employed by the Board. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that a letter be forwarded to the N~agara South Board of Education, referring to previous correspondence, advising that Council was not satisfied with the response of the Board, and again requesting representation from the Board at an open meeting of Council, for a discussion of concerns. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. Shriner's Creek Agreement - ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that Staff be directed to review the Shriner's Creek agreement and submit a report on the status quo. Carried Unanimously. ITEMS OF INTEMT: Good Roads Convention - Alderman Cowan discussed the report on the Ontario Good Roads Convention held recently in Toronto, and submitted to Council members. He suggested that the Minister of Transportation be kept aware of the concerns regarding the Q.E.W. and Thorold Stone Road, and an update report be submitted to Council in 6 months. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, TWELFTN MEETING COMMITTEE OF THE WHOLE Committee Room #1 March 19, 1990 Council met on Monday, March 19th, 1990, at 6:15 p.m., in Committee of the W~nole. All members of Council, with the exception of Aldermen Cummings and Ward who were on vacation, and Alderman Orr who was absent due to illness, were present. Alderman Shetar presided as Chairman. Following consideration of the items presented, the Committee of theWhole arose without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers March 19, 1990 Council met on Monday, March 19th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Aldermen Cummings and Ward who were on vacation, and Alderman Orr who was absent due to illness, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES Alderman Campbell requested that the minutes of March 12th, 1990 indicate that he was absent on vacation. He declared a conflict of interest on Page 14, Report No. F-90-17, Cheque No. 55886 because the organization is a client. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the minutes of the meeting held March 12th, 1990, be adopted as amended. Carried Unanimously. PRESENTATION RECOGNITION AWARD - His Worship MayOr Smeaton and Alderman Hopkins offered congratulations and presented to Fire Chief Adonis Somerville, and Mr. Ben Trendle, President, of the Willoughby Volunteer Firefighters, a Recognition Award to the Willoughby Volunteer Firefighters in appreciation for 40 years of service to the Citizens · of Willoughby Township and the City of Niagara Falls. C0~fl~JNICATIONS No. 102 -Regional Niagara Public Works Department - Re: Construction Progress Report to February 28, 1990. The communication attaches Report DEP-3072 for the information of Council. ORDERED on the motion of Alderman Shetar, seconded by Alderman HinsperSer, that the communication be received and filed. Carried Unanimously__. -2- No. 103 - Niagara Training&Employment~gencY Inc. (N-TEC) - Re: proclamation. The communication requests Council to proclaim May 18, 19, 20 and 21, 1990, "N- TEC Awareness Days", and provides information regarding an Open House and Annual Greenhouse Bedding Plant Sale. ORDERED on the motion of Alderman Shetar, seconded by Alderman Campbell, that the communication be received and the request approved subject to established policy. Carried UnanimouslY. No. 104A - City of Ottawa - Re: Canadian Tribute to Human Rights. The communication requests the financial participation of the City of Niagara Falls in the construction of a sculpture as a Tribute to Human Rights. -AND- No. I04B -The Canadian Tribute to Human Rights - Re: Funding Assistance. The communication attaches a'n invitation to participate in the Canadian Tribute to Human Rights, and requests financial assistance. .ORDERED on the motion of Alderman'Campbell, seconded by Alderman Hopkins, that the communications be r~c~eived and a grant in the amount of $200.00 be approved. Carried ~nanim~u~l~." '~ "~ No. 105 - The Corporation of the City of London - Re: Ontario Traffic Conference. The communication expresses appreciation to Council for its offer to host the 1990 Parking Workshop and advises that the decision had been in fayour of Thunder Bay as host for the Workshop. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 106 - Transport 2000 - Re: VIA Cuts. The communication asks that a letter be sent to the National Transportation Agency by March 13th, 1990, requesting that public hearings be held before a decision is made to deregulate VIA's routes and frequencies. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that a letter of support be forwarded to Transport 2000 through Mayor Smeaton's office. Carried UnanimouslY. No. 107 - Ruthann Fisher - Re: Passenger Rail Service Cancellation. The communication attaches a speech from Ms. Fisher to the Council of the City of Kitchener, suggesting the creation of "Freeze Zones", attaching a petition and requesting support. ORDERED on the motion of Alderman Campbell, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. No. 108 - Roy W. Hull, Chairman, Ontario Senior Games Co~mlttee - Re: 4th Ontario Senior Games (Actifest '92). The communication invites the City of Niagara Falls apply as host for the Games during the last week of August 1992, and attaches Guidelines. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the communication be referred to the Recreation Department for comments. Carried UnanimouslY. No. 109 -Ministry of Natural Resources - Re: The possibility of Flooding this Spring. The communication attaches a chart showing snow conditions in Ontario in 1990, and offering suggestions to assist in fighting floods. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the communication be received and filed. Carried UnanimouslY. No. 110 (H~NDOUT) - Greater Niagara General Hospital (GNGH) - Re: Proclamation. The communication asks Council to proclaim the week of March 25th to 31st, 1990, as "Children & Hospitals Week". ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the communication be received and the request approved subject to e~tablished policy, Carried Unanimously. -3- REPORTS CD-90-16 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision; File No. 26CD 90004(1); Owner: 766351 Ontario Inc., John Kendall, President. The report recommends that the City Clerk be authorized to process the application for the Sarah 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. Alderman Hopkins declared a conflict of interest because his employer has a business relationship. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. HR-90-O8 - Chief Administrative Officer - Re: Contract Position of Waste Management Administrator. The report recommends that the by-law appearing on tonight's agenda appointing Susan Dunlop to the contract position of Waste Management Administrator, effective April 9th, 1990, at an annual salary of $33,450.00, be adopted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Puttick and Sherar. NAYE: Alderman Cowan. See By-law No. 90-63. B-90-22 - Chief Administrative Officer - Re: Basell's Restaurant, 4810 Victoria Avenue. The report provides background information regarding a cash-in-lieu agreement with Tom Basell on behalf of Basell's Restaurant, and recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. B-90-23 - Chief Administrative Officer - Re: Mr. Roy Rogers, 7770 Windfield Road, Ascot Woods Subdivision. The report provides information regarding floor joists in the residence at 7770 Windfield Road, and recommends that the information be received and filed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. NW-90-51 - Chief Administrative Officer - Re: SIMS Licensing Agreement. The report provides background details with respect to the purchase of the SIMS software package, and recommends that the by-law authorizing this agreement be passed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 90-64. F-90-18 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $7,491,407.20 for the period ending March 19th, 1990 be approved by the passing of the by-law appearing later on the ngenda. Aldermen Hendershot and Janvary declared conflicts of interest on Cheque No. 56170 because they are employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 56068 and 56069 because a member of his family has shares in the company. -4- Additional infomation was provided on Cheque No. 56189. ORDERED on the motion of Aldeman Cowan, seconded by Aldeman Hendershot, that the report be received and adopted. The motion Carried with Aldemen Hendershot and Janvary abstaining from the vote on Cheque Nos. 56170; Aldeman Hinsperger abstaining from the vote on Cheque Nos. 56068 and 56069, on conflicts of interest previously recorded; and with all others voting in favour. See By-law No. 90-66. CO-90-19 - Chief Administrative Officer - Re: 1989 Local Improvement programme. The report recommends the following: 1) That an appropriate application be submitted to the Ontario Municipal Board for approval of all the works contained in Schedule "A" to proposed Local Improvement By-law No. 89-308; 2) That the concerns expressed in the letter from Mr. & Mrs. Ronald J. Brown be referred to the Municipal Works Department for explanation, including the definition of "Lot Frontage" and "Corner Lot" as noted in By-law No. 79-200. ORDERED on the motion of Aldeman Hinsperger, seconded by Aldeman Cowan, that the report be received and adopted. Carried UnanimouslY. BY-LAWS ORDERED on the motion of Aideman Janvary, seconded by Aldeman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-59 - A by-law to authorize the execution of an agreement with the Minister of Municipal Affairs respecting a project in the City of Niagara Falls Community Improvement Project Area (Valley Way from Buckley Avenue to Huron Street) under the Ontario Program for Renewal, Improvement, Development and Economic Revitalization (PRIDE). No. 90-60 - A by-law to amend By-law No. 89-179, being a by-law respecting sick leave, pensions and other benefits for employees. (Report HR-90-04 approved by Council March 12, 1990). No. 90-61 - A by-law to authorize the execution of an agreement with C.I. Burland Properties Limited respecting parking facilities. (Report B-90-16 approved by Council February 26, 1990). No. 90-62 - A by-law to authorize the execution of an agreement with Tom Papavasiliou and George papavasiliou respectingparking facilities. No. 90-63 - A by-law to authorize the execution of an agreement with Susan Dunlop. No. 90-64 - A by-law to authorize the execution of a licensing agreement with Public Roads Tri-Committee (Ontario) Association. No. 90-65 - A by-law to authorize an agreement with Niagara Waste Systems Limited and others. No. 90-66 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hendershot, Hinsperger and Janvary abstaining from the vote on By-law No. 90-66 on conflicts of interest previously recorded under Report No. F-90-18; with Aideman Cowan voting contrary on By-law Nos. 90- 60 and 90-63; with Alderman Campbell abstaining from the vote on By-law No. 90- 65 because a member of his family is involved in negotiations; and with all others voting in fayour. -5 - ORDERED on the motion of Alderman Janvary, seconded by Aldeman Shetar, that the following by-laws be now read a second and third time: No. 90-59 - No. 90-60 - A by-law to authorize the execution of an agreement with the Minister of Municipal Affairs respecting a project in the City of Niagara Falls Community Improvement Project Area (Valley Way from Buckley Avenue to Huron Street) under the Ontario Program for Renewal, Improvement, Development and Economic Revitalization (PRIDE)." A by-law to amend By-iaw No. 89-179, being a by-law respecting sick leave, pensions and other benefits for employees. (Report HR-90-04 approved by Council March 12, 1990). No. 90-61 - No. 90-62 - No. 90-63 - A by-law to authorize the execution of an agreement with C.I. Burland Properties Limited respecting parking facilities. (Report B-90-16 approved by Council February 26, 1990). A by-law to authorize the execution of an agreement with Tom Papavasiliou and George Papavasiliou respecting parking facilities. A by-law to authorize the execution of an agreement with Susan Dunlop. No. 90-64 - A by-law to authorize the execution of a licensing agreement with Public Roads Tri-Committee (Ontario) Association. No. 90-65 - A by-law to authorize an agreement with Niagara Waste Systems Limited and others. No. 90-66 - A by-law to provide monies for general purposes. The motion Carried with Aldeman Hendershot, Hinsperger and Janvary abstaining from the vote on By-law No. 90-66 on conflicts of interest previously recorded; with Aideman Cowan voting contrary on By-law Nos. 90-60 and 90-63; with Alderman Campbell abstaining from the vote on By-law No. 90-65; and with all others voting in favour. ITENS OF INTEREST: NEW BUSINESS Niagara District Airport - Aideman Puttick initiated a discussion with respect to the need for the Niagara District Airport to be up-graded in toms of sewers, parking areas, eating facilities, etc., and suggested the possibility that the Niagara Region Development Corporation (NRDC) be established at the Airport. ORDERED on the motion of-Aldeman Puttick, seconded by Aldeman Cowan, that a letter be forwarded to the Niagara District Airport Commission, through Mayor Smeaton's office, suggesting that the NRDC be established at the Airport and requesting comments. Carried Unanimously. President, Board of Directors, Y.W.C.A. Aideman Harrington advised that she would be attending the Y.W.C.A, Board Meeting on Thursday, March 22nd, 1990, and requested a letter from Mayor Smeaton with respect to the pending retirement of Mrs. Marilyn Minard, President, Board of Directors of the Y.W.C.A. -6 - It was moved by Alderman Puttick, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, EoC. WAGG, CITY CLE THIRTEENTH MEETING COMMITTEE OF THE WHOLE COMMITTEE OF THE WHOLE 1990 03 26 Council met on Monday, March 26th, 1990 at 6:15 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Puttick who was absent due to illness, and C-m~ings who was on vacation, were present. Alderman Cowan presided as Chairman. MAYOR'S SALARY REVIEW ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, tha in order to achieve external equity, the annual basic salary for the Mayor o the City of Niagara Falls be $42,826 per annum. The motion Carried with Alderma Cowan and Sherat votin~ contrary, and ali others votir~ i~ fayour. ALDEBHAN'S SAL/LRY REVIEW ORDERED on the motion of Mayor Smeaton, seconded by Alderman Cumpbe11, that th basic annual salary for the members of Council be increased to #11,493. Th motion 9arried with Aldermen Cowan, Hendershot, Hopkins, Janvary and Shera voting contrary, and all others voting in favour. contract neSotiations, pay equity, performance appraisaX proSram. Staff training and development, ann a -6- It was moved by Aiderman Puttick, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, E.C. WAGG, CITY CLE THIRTEENTH MEETING CO~fi~ITTEE OF THE WHOLE Committee Room #1 March 26, 1990 Council met on Monday, March 26th, 1990, at 6:15 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cummings who was on vacation, and Alderman Puttick who was absent due to illness, were present. Alderman Cowan presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ~DADOPTED, REGULAR MEETING Council Chambers March 26, 1990 Council met on Monday, March 26th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Cununings who was on vacation, and AIderman Puttick who was absent due to illness, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Ward offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by AIderman Cowan, that the minutes of the meeting held March 19th, 1990, be adopted as printed. Carried Unanimously. DEPUTATION FUIIlRIK REGIONAL PLANS FOR CITY OF NIAGARA FAI.I.~ - His Worship Mayor Smeaton welcomed Regional Chairman Wilbert N. Dick, and Regional Councillor Brian Merrett, of the Regional Municipality of Niagara, to the meeting. Regional Chairman Dick expressed appreciation for the invitation to address Council, and referred to the following items of mutual concern: the Niagara Regional Review; traffic generated at border crossings; location of the new water pollution control plant; the new City of Niagara Falls Industrial Park; the close cooperation between the Niagara Falls Economic Development Agency and the Niagara Regional Development Corporation; budget deliberations; and the involvement of Niagara Falls Councillors at the Regional Municipality of Niagara. Me responded to questions raised regarding Thorold Stone Road, development locations in the peninsula, provincial decisions and costs to theMunicipalities. FOIlNATION, MANDATE & FUNCTION OF REGIONAL P~JISONNEL CO!etl'l-t'~-a - Regional Councillor Brian Merrett provided information regarding the Regional Personnel Committee which had been formed by resolution in 1989 with four members of Regional Council· He stated that the Committee considers recruitment and recruitment policy for the best qualified and experienced candidates at senior and mid-management levels{ as well as labour relations and contract negotiations, pay equity, Staff training and development, and a performance appraisal program. -2- CONGRATULATIONS & WELCOME His Worship Mayor Smeaton announced the promotion of Michael Brown, who has been promoted from Reporter to City Editor for the Niagara Falls Review. He welcomed Reg Watson, Reporter, to the meeting. COMMUNICATIONS No. 111 - St. Catharines and District Kennel & Obedience Club Inc. - Re: Canadian Kennel Club Championship Dog Show, April 6 - 8, 1990, Optimist Youth Park. The conEaunication requests a Special Occasion permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that Council indicate it has no objection to the issuance of a Special Occasion Permit for the Canadian Kennel Club Championship Dog Show to be held April 6th, 7th and 8th, 1990, at the Optimist Youth Park, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health SerVices Department and the Liquor Licensin~ Board of Ontario. It was further reconnnended tha~pprova~.be subject to the location of the dance. Carried UnanimouslY. No. 112 - Niagara peninsula Conservation Authority - Re: 1989 Financial Statements. The communication attaches the 1989 Financial Statements, which had been adopted by the Authority on March ?th, 1990, for the information of Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the communication be received and filed. Carried UnanimouslY. No. 113 - City of Port Colborne - Re: Regional Policy Plan Review "~here Next? A Look to the Future". The communication attaches a copy of Port Colborne Plannin~ Department Report No. 90-12 containin~ recommendations regardin~ the Regional Policy Plan Review. ORDERED on the motion of Alderman Ward, seconded by AIdenman Orr, that the communication be referred to Staff. Carried Unanimously. No. 114 - Township of Rochester - Re: Health Care System in Ontario. The communication asks Council to support a resolution requesting the Health Minister to take action to assure that the health care system in Ontario provides health services as designed, and that recognition and affirmative action be taken to ensure that human lives are not exchanged for monetary values. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No, 115 _TheGentlemen Songsters- Re: Song Festival, Bielstein, West Germany - AuSust 1990. The communication requests a letter of endorsement, best wishes and verbal support from Council, with respect to the upcomin~ trip to West Germany. ORDERED on the motion of Alderman Janvary, seconded by AIderman Harrin~ton, that a letter of endorsement be forwarded to The Gentlemen Sor~sters, as requested, and best wishes on their upcomin~ trip to West Germany, Carried Unanimously- · No. 116 - Ontario Hydro - Re: Niagara River Hydroelectric Development Transmission Line - Public Information centres. The con~aunication provides information regardin~the public information centres provided to discuss details of the "preferred route** for the new double circuit transmission line from the AllanburR Transformer Station in Thorold, west to Middleport Transformer Station in Onondaga To~nship, ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsper&er, that the communication be received and filed, Carried UnanimouslY, leo. 117 - Nanlean Runter Cable TV - Rot Acquisition of Armstronz Communications. The communication advises of the change of o~nership and subsequent benefits to Niagara Falls, and requests a letter of intervention in favour of the application of Maclean Hunter Cable TV to the C.R.ToC. Alderman Hinsperger declared a conflict of interest because Bell Canada, in which he has a monetary interest, was involved. ORDERED on the motion of Aldenman Janvary, seconded by Alderman Sherat, that the Council of the City of Niagara Falls file a letter of intervention in support of the application of Maclean Hunter Cable TV. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with the followin~ vote: AYE: AIdermen Campbell, Cowan, Hendershot, Janvary and Sherat. NAYE; Aldermen Herrington, Hopkins, Orr and Ward. REPORTS R-90-O8 - Sports Wall of Fame Committee - Re: Sports Wall of Fame. The report attaches a copy of the revised Constitution and recommends that Council approve the amendment made to the Sports Wall of Fame Constitution by the Executive Committee. ORDERED on the motion of Alderman Janvary, seconded by Aldenman Orr, that the report be received and adopted. Carried Unanimously. B-90-20 - Chief Adm~eistrative Officer - Re: Agreement with Canadian Corps of Cor~nissionaires (Hamilton), City Hall Security. The report recommends that Council approve the by-law on tonight*s agenda authorizing a 5{ increase in payment to the Canadian Corps of Commissionaires (Hamilton) for the provision of City Hail security services for the period co~encin~ April 1, 1990, through March 31, 1991. ORDERED on the motion of Alderman Orr, seconded by Aldenman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-73. B-90-21 - Municipal Parking Cossdttee - Re: Agreement with Canadian Corps of Commissionaires (Hamilton) - By-law Enforcement. The report recommends that the Canadian Corps of Conunissionaires (Hamilton) be engaged for the period of April 1, 1990, to March 31, 1991 for by-law enforcement purposes, and that Council approve the by-law on tonightts agenda, ORDEI~D on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Unanimously. See By-law No. 90-74. B-90-24 - Chief Sdmluistrative Officer - Re: 333483 Ontario Ltd. (Northland Management & Const,) 6199 Don Nurie Street, Lot 16, Plan M-67; Request to Extend Construction Date. The report recommends that Council grant the request to extend the construction commencement date at the aforesaid site, and that such date be Nay 31, 1990. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PD-90'4? - Chief Administrative Officer - Rez Site Plan Control Guidelines for Salvage Yards, The report recommends the following: 1) That the City pass a by-law identifying salvage yards as a class of development which will be subject to Site Plan Control; 2) That the attached Site Plan Control Guidelines for Salvage Yards be adopted and applied to any extensions or expansions of existins salvage yards and to the establishment of any new salvnse yardsi and 3) That PD-89-193, this report, and Counciles resolution on the matter be sent to the Conenittee of Adjustment, Regional Flannin~ &Development and Public Works Departments, the Police Comm4qsion, the Ministries of the Rnvironment andMunicipal Affairs, Ruth Grief, Environment Critic, andThe Canadian Automotive Recyclerm. -4- OHDERHD on tim motion of AIderman Campbell, seconded by AIderman Sherat, that the matter be tabled in order to provide an opportunity to notify Mrs. Barbara Fraser, and Tony Pennacchio, AA Auto Parts, that the report would be considered. The motion Carried with the followin~ vote: AIdermen Campbell, Cowan, Harrin~ton, Hendershot, Hinsperger, Janvary, err, Sherat and Ward. NAYE: Alderman Hopkins. ~-90-53 - Chief Administrative Officer - Re: Purchase of Daylighting Triangle, North-EasterlY Corner of Murray Street and Buchanan Avenue. The report reconmends the following: 1) That Staff be authorized to take all necessary steps for the property acquisition required for road improvements at the north-east corner of Murra~ Street and Buchanan Avenue; 2) That Holiday Inn (Niagara Falls) Limited be offered $17,500.00 as the purchase price for the daylighting triangle; and 3) That the City pay any expenses associated with the transfer of the ownership of their property to the City. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-76. ~-90-57 - Chief Administrative Officer - Re: 1990 Tender for Equipment Rental - Landfill Site. The report recommends that Nisus Construction Limited be awarded the tender for the rental of one crawler bulldozer at $35.00 per hour and one crawlet loader at $3b.00 per hour. CEDe-RED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-75. N~-90-58 - Chief Adsinistrative O[ficer - Re: Program of Proposed Expenditures for Highway Improvements for the Year 1990 - Ministry of Transportation Form ~-A-16. The report recommends that the Program of Proposed Expenditures for Highway Improvements for the year 1990, dated March 26, 1990, be adopted as presented, in the total estimated amount of $6,248,900,00 with an estimated subsidy of ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 25. M~-90-61 - ~micipal Parking Coeaittee - Re: Committee Reports. The report reconunends the following: 1) NW-~O-36, ~mictpal Parking Lot 2A - Parking ~eters - (i) That Council approve the installation of ParkingMeters on Municipal. Parking Lot 2A; and (tt) 'That the by-law amendin2 By-law No. 85-205, (bein~ a by-law for regulating, supervising and governin~ the parking of vehtcIes and chargloSs fee for such parktoken parkln~ lots) appearing later on the aZenda, be approved; 2) NN-90-56, Parkin~Restricttons - Peer Street & Laura Secord Place - (1) That 'No ParkingAny Time*' restrictions be placed on the south side of Peer Street between Main Street and a point 92 metres east of Main Street, and the north-east side of Laura Becord Place between Main Street and BridSewater Street~ ~' -5- (ii) That the parking meters be relocated from the south side of Peer Street to the north side of Peer Street; and (iii) That the by-law amending By-law No. 89-2000 (being a by-law to regulate parking and traffic on City roads) appearing later on the ngenda, be approved. ORDERED on the motion of Alderman Campbell, seconded by Aiderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 90-70, and By-law No. 90-71. MW-90-67 - Chief Administrative Officer - Re: 1990 Tender for Extermination of Rats, Groundhogs, Skunks & Bees. The report recommends that the tender of Golden Horseshoe Pest Control in the amount of $5,099.00, for the elimination of rats, groundhogs, skunks and bees, commencing April 1, 1990, be accepted. During the discussion, the Director of Municipal Works was asked to submit information regarding the elimination of raccoons and opossums in the City. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See Resolution No. 26. F-90-19 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,Y02,208.05 for the period ending March 26th, 1990 be approved by the passing of the by-law appearing later on the ngenda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 56261 and 56262 because a member of his family is employed by the company. Additional information was provided on Cheque No. 56322. ORDERED on the motion of Alderman Cowan, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 56261 and 56262 on a conflict of interest previously recorded; and with all others voting in fayour. See By-law No. 90-80. F-90-20 - Finance Committee - Re: Committee Reports. The report recommends the following: l) FC-90-06 - 1989 Reserves - It is recommended that the 1989 transfers to reserves be approved; 2) 3) C-90-04 -Recovery of Bailiff's Fees - It is recommended that A~O's support be requested to change the appropriate legislation for the recovery of bailiff fees; MW-90-44 - Ontario Traffic Conference - It is recommended that an allotment of $I0,000.00 be approved for the 1991 Ontario Traffic Conference; 4) O~A - Ontario Municipal Personnel Association - It is recommended that s donation of 8100.00 be approved for. the OMPA spring conference; 5) 1990 Progress Edition - NIagara Falls Revte~ - It is recommended that approval be given for the purchase of a half-pnge advertisement in the NiaSara Fglls aeview's 1990 Progress Edition at a cost of 8765.00, ORDERED on the motion of Alderman HtnsperSer, seconded by Alderman Janvary, that the report be received and adopted, Carried Unanimously. - 6 - CD-90-18 - Chief Administrative Officer Re: Draft Consultation Paper, Charitable GaminS. The report reconnnends the following: 1) That Council endorse Staff's con~nents and concerns on the draft consultation paper of the Ministry of Consumer and Commercial Relations as the CitYIs formal submission on this utter; That a copy of this report be fox~arded to the Ministry of Consumer and Commercial Relations; That a copy of this report be sent to interest 2) ~) Aldenmen Hendershot, Hopkins and Ward declared conflicts of because they are members of organizations which conduct bingos. ORDERED on the motion of Aideman Hinsperger, seconded by Aidunman Janvary, that the report be received and adopted. The motion Carried with Aldenmen Hendershot, Hopkins and Ward abstaining from the vote on~onflicts of interest previously recorded, and with all others voting in fayour. 3-90-~8 - Chief Administrative Officer - Re: Establishment of Road Widening as Public Highway - Lands Dedicated as Part of Ellen Avenue. The report recommends that Council approve the by-law which would establish those lands described as Part I on Reference Plan registered as 59R-6291 for public highway purposes. ORDERED on the motion of Aldenan janvary, seconded by Aldeman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-78. C-90-05 - Chief Administrative Officer - Re: Execution of Documents, Niagara Falls Illumination Board. The report recommends that Council pass the by-law appearing on tonight's agenda, authorizing the execution by City officials of the following documents: 1) An Application for the incorporation of the Niagara Falls Illumination Board; 2) An Amendment to an earlier Agreement relatin~ to the membership of the Board. ORDERED on the motion of Aldenman Ward, seconded by Alderman Hinsperger, the report be received and adopted. Carried Unanimously. , See By-law No. 90-77. C-90-06 - Chief Administrative Officer - Re: Review of Strategic Action Plan. The report recommends that Members of Council review the attached information in conjunction with a one-year review of the Strategic Action Plan, with particular emphasis on the need to examine goals and priorities as established at the initial planning session held on April 15, 1989. During the discussion it was sugZested that a meetin~ be scheduled for June 1990. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be tabled to provide an opportunity for Council to review the report, Carried Unanimously. N~-90-80 (H~NDOtrr) - ~unicipal ~er~s Comttee - Rex report recon~nends the following: l) Committee Reports, The N~-90-63 - Solid Waste Bana~esent - Discussion Guide - It is recommended that the Council of the City of Niagara Falls hereby commits to taking every opportunity to reduce solid waste going to the Landfill, As a minimum, the Provincial waste management targets of 25% reduction by 1992 and 50% reduction by 2000 will be met. These reductions will be throuSh the application of the three R's of reduction, reuse and recyclinS. 2) -7- 14W-90-64 - Solid Waste [tanagement - It is recommended that Council be requested recommendations: to adopt the following (i) That Staff be permitted to begin negotiations with the Ministry of the Environment for approval of a City-wide fall leaf and garden waste composting site; (if) That Staff be authorized to call for quotations for home composting units, so that Council may approve final details allowing participation in the Niagara Falls Environment Day IV on June 9th, 1990; (iii) That a $3,000.00 expenditure for a recycling depot in the Crowland area be included in the 1990 Operating Budget; and (iv) That Staff be authorized to prepare specifications, and engage in discussions with owners of new and reusable scales suitable for installation at the Sanitary Landfill. ORDERED on the motion of Alderman ~ard, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 25 - WARD- HINSPERGER- RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1990, dated March 26th, 1990, be adopted as presented in the total estimated amount of $6,248,900.00 with an estimated subsidy of $2,631,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 26 - COWAN -HENDERSHOT - RESOLVED that the unit prices submitted by Golden Horseshoe Pest Control for the 1990 Tender for the Extermination of Rats, Groundhogs, Skunks and Bees, commencing April 1st, 1990, be accepted at the low tendered amount of $5,099.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-67 - A by-law to amend By-law No. 79-200, as amended. (AN-26/88 Jong Dae Lee, 6555 Montrose Rd.; Report PD-89-170 approved by Council November 13, 1989). No. 90-68 - 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-26/88 Jong Dae Lee). No, 90-69 - A by-law to amend By-law No. 79-200, as amended. (AM-17/89, 774345 Ontario Inc. & Saverio Investments (Niagara) Inc., Balmoral Court Plan of Subdivision; Report PD-89-131 approved by Council September II, 1989). No, 90-70 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parkinS and traffic on City Roads. (Peer Street & Laura Secord Place). No. 90-71 - No. 90-72- No, 90-73 - No. 90-74- No. 90-75- No. 90-76 - No. 90-77 - No. 90-78 - No. 90-79 - 8 A by-law to amend By-law No. 85-205, being a by-law to provide for establishir~ parking lots in the City of Niagara Falls, and for the regulating, supexcising and governing the parkir~ of vehicles thereon and charging a fee for such parkir~ (parking Meters). A by-law to amend By-law No. 83-149, being a by-law to appoint municipal law enforcement officers. A by-law to authorize a Letter of ~reement with Canadian Corps of Conunissionaires (Hamilton) respectiP~ the security of City Hall. A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton) respecting the employment of members of the Corps to enforce certain by-laws. A by-law to authorize the execution of an agreement with Nisus Construction Limited for the supply of equipment for the City's ~anitary Landfill Site. A by-law to authorize the purchase of land from Holiday Inn (Niagara Falls) Limited. A by-law to authorize the execution of an amending agreement with The Niagara Parks Commission and others and an application for incorporation of the Illumination Board. A by-law to establish certain lands as part of Ellen Avenue, being a public highway. A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (SPA 183 Louie Busrdolone AM-23/89). No. 90-80 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 90-80 on a conflict of interest previously recorded under Report No. F-90- 19; and with all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by AIderman Sherat, that the following by-laws be now read a second and third time: No, 90-67 - A by-law to amend By-law No. 79-200, as amended. (AM-26/88 Jdng Dae Lee, 6555 Montrose Rd.; Report PD-89-170 approved by Council November 13, 1989). No, 90-68 - 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-26/88 Jong Dae Lee). ~(,{,~,~__~,~T,l~j~end BY-law No, 79-200. as amended. (AM-17/89, 774345 Ontarlo Inc. & Saveris Investments (Niagara) Inc., Balmoral Court Plan of Subdivision; Report PD-89-131 approved by Council September 11, 1989). No. 90-10 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Peer Street & Laura Secord Place). No, 90-71 - A by-law to amend By-law No. 85-205, belng a by-law to provide for establlshln~parktn~lots in the City of Niagara Falls, and for the regulating, supervising and governinS the parkin~ of vehlcles thereon and chargtn~ a fee for such parking (Parking Meters). No, 90-73 - A by-law to authorize a Letter of AZreement with Canadian Corps of Commissionaires (Hamilton) respectin~ the security of City Hall. -9- No. 90-74 - A by-law to authorize an agreement with Canadian Corps of Conunissionaires (Hamilton) respecting the employment of members of the Corps to enforce certain by-laws. No. 90-75 - A by-law to authorize the execution of an agreement with Nisus Construction Limited for the supply of equipment for the City~s Sanitary Landfill Site. No. 90-76 - A by-law to authorize the purchase of land from Holiday Inn (Niagara Falls) Limited. No. 90-77 - A by-law to authorize the execution of an amending agreement with The Niagara Parks Commission and others and an application for incorporation of the Illumination Board. No. 90-78 - A by-law to establish certain lands as part of Ellen Avenue, being a public highway. No. 90-79 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (SPA 183 Louie Buordolone AM-23/89). No. 90-80 - A by-law to provide monies for general purposes. The motion Carried with AIderman Hinsperger abstaining from the vote on By-law No. 90-80 on a conflict of interest previously recorded; and with all others voting in favour. ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the following by-law be tabled one week for further information: NO. 90-72 - A by-law to amend By-law No. 83-149, being a by-law to appoint municipal law enforcement officers. Carried Unanimously. NEW BUSINESS IT!~4S OF INTn~EST: Tree Branch Pick-Up - The Director of Municipal Works responded to questions raised by Aiderman Sherat with respect to brush pick-up. He stated that the pick-up had not yet been completed. AHOLarge Urban Section Anmlal Meeting - Alderman Ward referred to the Information for Council communication from ANO which provided information regarding the upcoming Ninth Annual Meeting scheduled for April 25th to 27th, 1990 in Windsor. He requested authorization to attend. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell, that Alderman Ward be authorized to attend the Meeting. Carried Unanimously. Annual Woman of the Year Award - AIderman Harrington invited members of Council to attend the Annual Woman of the Year Award dinner at the Ramada Hotel on Wednesday, March 26th, 1990, at which time Mrs, Franca Moss would be receivin~ the Woman of the Year Award. Intersection - Franklin Ave. & Gulp St. - AIderman Campbell advised that a young girl had been hit by an automobile at the intersection of Franklin Avenue and Gulp Street, referred to a petition for a 4-way stop which had previously been received from residents, and recommended that a 4-way stop be established at the intersection. His Hotship Mayor Smeaton advised that Staff had been investigating this matter, would submit a report within two weeks and the public would be invited to attend the meeting. , , . o l0 - 10 - Condition of Various properties Alderman Orr discussed the condition of the vacant lot on the corner of Stanley Avenue and HcRae Street, and complaints she had received from residents. His Worship Mayor Smeaton discussed the condition of the CN property at the Ninolta Tower and the need to request a clean-up. Alderman Ward referred to the litter on the right-of-way at Bridge Street and Victoria Avenue. Unilix~ualism - Aideman Campbell stated his intention of presenting, at the next meeting of Council, a motion which was recently adopted by the City of St. Catharines, that no further expansion of the Provisions of the French Language Services Act shall be proposed or passed which would financially impact on Municipal or Regional Governments." The Chief Administrative Officer advised that a letter had been forwarded to Premier Peterson, as directed by Council, requesting a meeting to discuss areas of concerns, and that these concerns included the language question. The Clerk wasasked to circulate the St. Catharine'smotion prior to the next meeting of City Council. It was moved by Alderman Orr, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. FOURTEENTH MEETING CO['9tlTTEE OF THE WHOLE Committee Room #1 April 2, 1990 Council met on Monday, April 2, 1990, at 6:15 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Hinsperger, were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, REGULAR MEETING Council Chambers April 2, 1990 Council met on Monday, April 2nd, 1990, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Aideman Cowan, seconded by Alderman Orr, that the minutes of the meeting held March 26th, 1990, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS FRENCH L~IGUA~E 3ERVICE8 ACT - Alderman Campbell submitted the following Resolution, regarding Bill 8, The French Language Services Act, for the consideration of Council: WHEREAS a significant % of the citizens of Niagara Falls have expressed concern regarding the effects of Bill 8, The French Language Services Act, in our community; AND WHEREAS the costs of providing French language services in the City of Niagara Falls and the Province of Ontario would be an extremely high and unnecessary expenditure in the event of the Provincial Government passing legislation to create a bilingual Ontario; AND WHEREAS Premier David Peterson has stated that Bill 8, in its present form, "is Just the first stage" (Hansards - during Bill 8 debate on 3rd reading); AND WHEREAS the need for increased expenditures in the areas of chronic health care, the environment, and infrastructure repairs such as roads, bridges, and sewers, are evident and necessary; THEREFORE BE IT RESOLVED that the City of Niagara Falls petition Premier Peterson and the Government of Ontario for a firm commitment that: 1) no further expansion of the provisions of Bill 8, The French Language Services Act, shall be proposed or passed which would impact financially upon the City of Niagara Falls, the Regional Municipality of Niagara, and/or the Province of Ontario{ -2- 2) should any amendment(s) to Bill 8 be contemplated in the future, with respect to the expansion of French Language Services in the Province, no such amendment(s) shall be enacted until the people of Ontario have been asked to express their opinions on the matter through a proper referendum, the results of which would be binding upon the Provincial Government. It was moved by Alderman Campbell, seconded by Alderman Orr, that recommendation Number 1, in the above mentioned resolution be approved. Ms. Chris Holmes, who had requested permission to address Council, was not in attendance. During the discussion, it was noted that a letter had been forwarded to Premier Peterson to request a meeting in order to discuss concerns, and that the FrenCh Language Services Act was one of the concerns. It was moved by Alderman Janvary,' s~onded by alderman Hendershot, that the matter be tabled, and considered subsequent to the Meeting with Premier Peterson. The motion to table which took precedent Carried with the following vote: AYE: Aldermen Cowan, Harrington, Hendershot, Hopkins, Janvary, Puttick and Ward. NAYE: Alderman Campbell, Cummings, Orr and Shetar. GUIDELINES FOR SALVAGE Y~tl}S - Report No. PD-90-47 - Chief Administrative Officer - Re: Site Plan Control Guidelines for Salvage Yards (COUNCIL 1990 03 26). The report recommends the following: 1) That the City pass a by-law identifying salvage yards as a class of development which will be subject to Site Plan Control; 2) That the attached Site Plan Control Guidelines for Salvage Yards be adopted and applied to any extensions or expansions of existing salvage yards and to the establishment of any new salvage yards; and 3) That PD-89-193, this report, and Council's resolution on the matter be sent to the Committee of Adjustment, Regional Planning & Development and Public Works Departments, the Police Commission, the Ministries of the Environment and Municipal Affairs, Ruth Grief, Environment Critic and The Canadian Automotive Recyclers. ORDERED on the motion of Alderman Hopkins, seconded by AIderman Orr, that the report be received and adopted. The motion was amended on the motion of Alderman Cowan, seconded by Alderman Sherat, that Recommendation No. 2.3.2 be deleted. The amendment which took precedent was Defeated with the following vote: AYE: Aldermen Cowan, Hendershot, Puttick and Shetar. NAYE: Aldermen Campbell, Cummings, Harrington, Hopkins, Janvary, Orr and Ward. The motion to receive and adopt the report Carried Unanimously. COMMUNICATIONS No. 118 - Niagara Falls Economic Development A~ency - Re: Retail Business' Holiday Act - Sunday & Holiday Shopping. The communication suggests considerin~ City-wide shopping for economic reasons, ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the communication be received and referred to the Regional Committee dealing with Sunday Shopping. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hopkins, ~uttick, Sherat and Ward. NAYE: Aideman Rendershot. Janvary, err, .3 -3 - No. 119 - Regional Municipality of Niagara - Re: Preserving The Farmer & Agricultural Lands in Niagara. The communication attaches an informational brief containing recommendations for "Competing in the Nineties", and inviting endorsement by May 25, 1990. During the discussion Alderman Cowan discussed concerns of residents and stated that he would refer these citizens to Staff. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be referred to Staff and the Economic Development Agency for comments. Carried Unanimously. No. 120 - Regional Niagara Planning & Development Department - Re: Who are Buying New Homes in Niagara? A Case Study". The communication attaches Report DPD 2683 for the information of Council. ORDERED on the motion of Alderman err, seconded by Alderman Shetar, that the communication be received and filed. It was further recommended that the Regional Niagara Planning & Development Department be asked to include the City of Niagara Falls in the next study. Carried Unanimously. No. 121 - Roxanne Felice, Manager, Project S.H.A.R.E. - Re: Proclamation. The communication asks Council to proclaim May 7th to 12th, 1990, as "Hunger Awareness Week". ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 122 - Campaign for Life Coalition - Re: Proclamation. The communication asks that Council proclaim the week of May 12th to 19th, 1990, as "Respect for Life Week". ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the request be approved subject to established policy. The motion Carried with the following vote: AYE: NAYE: Aidermen Campbell, Cowan, Cummings, Hendershot, Puttick, Sherar and Ward. Alderman Harrington. Hopkins, Janvary, Orr, No. 123 - Judge Jean Gerrie, Court of Canadian Citizenship - Re: Proclamation. The communication asks Council to proclaim April 15th to 21st, 1990, as "National Citizenship Week". ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 124 - Jean Grandoni - Re: Regional Policy Plan Amendment No. 43, The communication attaches comments opposing the ~mendment. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the communication be referred to Staff. Carried Unanimously. No. 125 - Niagara Falls, Canada, Visitor & Convention Bureau - Re: Lundy's Lane Banners. The communication requests permission to install festive banners on Lundy~s Lane from Main Street to Garner Road. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the request be granted subject to the approval of other authorities. Carried Unanimously. REPORTS B-90-18 - ChiefAdmlnistrative Officer - Re: Site Plan Approval - Proposed Hotel Building & Restaurant Building - W/S Buchanan Avenue, S/S Murray Street, AM- 55/88, By-law 89-301. The report recommends that the Council approve the site plans on display at tonight's meeting, being a proposed hotel building and a restaurant building, and the Site Plan bein~ drawing Number SP-IR, and the Site -4- Plan Mechanical being drawing Number SPM-IR, and the Landscape Plan being drawing Number L1 and the Site Plan Lighting being drawing Number E1D, and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 26, 1990, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Hopkins, Orr, Puttick, Sherar and Ward. NAYE: Alderman Janvary. B-90-25 - Chief Administrative Officer - Re: Municipal Law Enforcement Officers. The report recommends that City Council approve the by-law appearing on tonight's agenda appointing Donald Eade and Gerald games as Municipal Law Enforcement Officers of the Corporation of the City of Niagara Falls. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 90-72. PD-90-49 - Environmental Planning & Greenins Committee - Re: Environmental planning & Greening Committee 1990 Work Program & Budget. The report recommends the following: 1) That Council adopt the suggested 1990 work program consisting of several greenins projects, completion of the Environmental Inventory & environmental education programs; 2) That the proposed 1990 budget of $26,900.00 plus $18,000.00 from reserve be submitted to the Finance Committee; 3) 4) 6) That Staff be directed to initiate the 1990 work program; That the Committee seek co-operative environmental efforts by its Niagara Falls, New York counterparts through the CAPE Committee; That Staff be directed to seek financial and other support from the outside agencies; and That the City enter into an agreement with the Ministry of ~atural Resources regarding the Ontario Resource Sector Program for the Environmental Inventory project. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. PD-90-50 - Environmental Planning & Greenins Cowa. lttee - Re: Arbor Day, 1990. The report recommends that Council adopt the recommendation and resolution of the attached Staff report, with recommendation 3 of the report being changed to read as follows: That the Mayor or his representative be requested to plant a tree with a representative of the Nature Club and a local business person, in recognition of Arbor Day, and to promote the Niagara Falls Nature Clubts' tree planting program. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 27. No. 90-51 - Chief ~i~intstrative Officer - Re: Decontamination of PCBS at 4887 Dorchester Road (The T.G. Bright & Company Ltd,). ~he report recommends the fol lOwinS .' -5- 1) That Council offer no objections to the proposal regarding the decontamination of PCBs at 4887 Dorchester Road conditional upon: (a) the proponent notifying the Fire Chief of the actual commencement of the decontamination process; (b) meeting all applicable MOE standards and utilizing MOE approved technology; (c) obtaining prior approval of the City if Municipal water or sewers are to be used; 2) That Council notify the MOE and the proponent regarding the recommendation Number 1, that no other local permits are required; and 3) That the 30-day notification period may be waived. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD-90-55 - Environmental Planning & GreeninS Committee - Re: April 10, 1990, CAPE Meeting, The report provides information regarding the aforementioned meeting. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. MW-90-61 Chief Administrative Officer - Re: Contract Improvement, Road Reconstruction on Russell Street, from St. Dorchester Road. The report recommends the following: 90-102 Local Paul Avenue to 1) That the unit prices submitted by the low tenderer, Alfidome Construction Ltd., be accepted and this contracted be awarded subject to: (a) By-law 89-308 receiving third reading; (b) Financing required from the 1990 Operating Budget be given pre-budget approval. ORDERED on the motion of Alderman Cowan, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimouslyt See Resolution No. 30. See By-law Ho. 90-91. MW-90-69 - Chief Administrative officer - Re: 1990 Tender for Hydraulic Cleaning of Sewers and Culverts. The report recommends that the unit prices submitted by the low tenderer, Trans-Video Inspection Ltd., be accepted and that the by- law appearing on tonight's ageode, be approved. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See ~y-law No. 90-88. NW-90-71 - Chief Administrative Officer - Re: 1990 Tender for T.V. Inspection of Sewers. The report recommends that the prices submitted by Trans-Video Inspection Ltd,, be accepted and that the by-law appearing on tonightts agenda, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted, Carried Unanimously~ ~ee ~y-law No. 90-89. NW-90-72 -Famicipal Norks Committee - Re: Committee Report: Shriner~s Creek Study. The report recommends the following: 1) That Municipal Council endorse the recommendations of the Shrinerts Creek Study, prepared by Falcone Smith Associates; .6 -6- 2) That the Cunsulting fees in the increased amount of $52,869.08 be approved for payment with cost-sharing by the respective participants as summarized on the attached cost summary sheet; and 3) That the City finance, on an interim basis, the unresolved amount of 88,063.68 apportioned to the Marisa Subdivision portion of the Study. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-90-73 - Municipal Works Commi ttee - Re: Committee Reports. The report recommends the following: 1) MW-90-54 - Feasibility of Re-Opening the Bender Hill Roadway Crossing at the C.P. Railway Tracks - It is recommended: (i) That Council give approval in principle to the concept of investigating the feasibility of re-opening the Bender Hill Roadway Crossing at the C.P. Railway tracks; and (ii) That Staff be authorized to investigate the possibility of cost- sharing and the feasibility of the preferred alternative designs with interested business owners, the Ministry of Transportation, the Regional Municipality of Niagara, C.P. Rail, Alderman Hopkins declared a conflict of interest because a member of his family is employed by an adjoining business. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the recommendation 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: NAYE: Aldermen Campbell, Cowan, Puttick, Sherar and Ward. Alderman Orr. Cummings, Harrington, Hendershot, Janvary, 2) MW-90-65 - Winter Control - Sidewalks - It is recommended that no changes be made in our policies or procedures for sidewalk snowplowing. ~ ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. F-90-21 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,690,716.21, for the period endingApril 2, 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. 57666 because the organization is a client. Aldermen Cummings and Sherat declared conflicts of interest on Cheque No. 57584 because their place of employment is involved. AIderman Sherat requested a report regarding alternative means for the heating of the Arenas. Additional information was provided on Cheque Nos. 57599, 57660 and 57666, and further information was requested on Cheque No. 57601. ORDERED on the motion of Alderman Cowan, seconded by Alderman Herrington, that the report be received and adopted.' The motion Carried with Alderman Campbell abstaining from the vote on Cheque No. 57666, on a conflict of interest previously recorded; with Aldermen Cummings and Sherat abstaining from the vote on Cheque No. 57584 on conflicts of interest previously recorded; with Alderman - 7 - Hopkins voting contrary on Cheque No. 57527; and with all others voting in favour. See By-law No. 90-92. CI)-90-20 - Chief Administrative Officer - Re: Encroachment, Ellen Avenue, Niagara Imperial Motel Limited. The report recommends that Council approve the by-law on tonight's agenda to permit the encroachment of a building upon the Ellen Avenue road allowance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-85. C-90-O7 (HANDOUT) - Chief Administrative Officer - Re: Participation in Conferences & Conventions - 1990. The report, which was adopted by the Finance Committee earlier this evening, recommends that Council approve the attached schedule relating to participation in conferences and conventions for the current year. The report covers the participation of members of Council, representatives of the Recreation Commission, Committee of Adjustment and Municipal Staff. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. It was further recommended that Alderman Puttick be authorized to attend the Ontario Arenas Association Conference, and Alderman Harrington attend the Annual Convention of the National Action Committee on the Status of Women (NAC). Carried Unanimously. HR-90-12 (HANDOUT) - Chief Administrative Officer - Re: Mayor and Aldermanic Salary Review. The report, which was considered by the Committee of the Whole earlier this evening, recommends that the members of Council be given the opportunity to re-examine the Mayor and Aldermen's salaries. The Chief Administrative Officer referred to the aforementioned report, and advised that the Committee of the Whole had recommended approval of an increase in the Mayor's salary to $42,826.00 per annum. ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the recommended increase in the Mayor's salary to $42,826°00 per annum, be approved. The motion Carried with the following vote: AYE: Aidermen Campbell Cummings, Harringtnn, Hendershot, Orr, Puttick and Ward. NAYE: Aldermen Cowan and Sherat. Hopkins, Janvary, The Chief Administrative Officer stated that the recommended increase for Aldermanic salaries was to $11,493.00 per annum. It was moved by Alderman Campbell, seconded by Alderman Orr, that the Aldermen's salaries be increased to $11,493.00 per annum. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Orr and Ward. NAYE: Aldermen Cowan, Hendershot, Hopkins, Janvary, Puttick, and Sherat. · It was moved by Alderman Puttick, seconded by Alderman Campbell, that the Aldermanic salaries be increased to $10,500.00 per annum, effective June 1, 1990, and to $11,493.00, effective January 1, 1992. The motion was Defeated with the following vote: .... AYE: Aldermen Campbell, Cummings, Harrington, Hopkins and Puttick. Aldermen Cowan, Hendershot, Janvary, Orr, Sherat and Ward. RESOLUTIONS No. 27 - CUI~ING$ - JANVARY - RESOLVED that the Council of the City of Niagara Falls, on the Twenty-Sixth day of March, 1990, agreed that Friday, April 27, 1990, be designated as Arbor Day in the City of Niagara Falls; AND WHEREAS the City of Niagara Falls encourages the beautification of the City by the use of trees; -S- AND WHEREAS Arber Day will stimulate interest in and knowledge of trees; AND WHERE~J the City of Niagara Falls encourages the planting, preservation and conservation of trees; NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City, the day of April 27, 1990, is hereby proclaimed as Arbor Day in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 28 - PUTTICK - CUI~INGS - RESOLVED that a letter of condolence be forwarded to the family of the late Irvin Feldman, a highly respected and active citizen of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 29 - ORR - HENDERSHOT - RESOLVED that a letter of condolence be forwarded to the family of the late Ivan WagE, a respected citizen of the City of St. Catharines, and father of E.C. (Woody) Wagg, City Clerk of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 30 - COWAN - ORR - RESOLVED that the unit prices submitted by Alfidome Construction Ltd., for Contract 90-102 - Local Improvement Road Reconstruction on Russell Street, from St. Paul Avenue to Dorchester Road, be accepted at the low tendered amount of 8302,988.00, subject to: (i) By-law 89-308 receiving third reading; (ii) Financing required from the 1990 Operating Budget be given pre-budget approval ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherat, that the following by-law be now read a third time: No. 89-308 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. The motion Carried with Alderman Janvary abstaining from the vote nn a conflict of interest, because her daughter lives in the area involved, and with all others voting in fayour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the following by-law be now read a second and third time: No. 90-72 - A by-law to amend By-law No. 83-149, being a by-law to appoint. municipal law enforcement officers. Carried unanimously. ORDERED on the motion of Alderman 0rr, seconded by Alderman Cowan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-81- A by-law to amend By-law No. 79-200, as amended. (AM-22/89 Hospitality Motels Ltd., Vincent & Ida DiCosimo; Report PD-89-I09 approved by Council August 14, 1989). -9- No. 90-82 - A by-law to amend By-law No. 79-200, as amended. (AM-32/89 V. & I. DiCosimo; Report PD-89-171 approved by Council November 13, 1989). No. 90-83 - A by-law to amend By-taw No. 85-238 respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-32/89). No. 90-84 - A by-law to alter the boundaries of the Urban Service Area of the City. (Report PD-90-09 approved by Council January 15, 1990). No. 90-85 - A by-law to allow the maintaining and using of a building which encroaches on Ellen Avenue. No. 90-86 - A by-law to allow the maintaining and using of a building which encroaches on Fourth Avenue. (Report CD-90-15 approved by Council March 12, 1990). No. 90-8~' - A by-law to allow the maintaining and using of a building which encroaches on St. Lawrence Avenue. (Report CD-90-17 approved by Council March 12, 1990). No. 90-88 - A by-law to authorize the execution of an agreement with Trans- Video Inspection Limited for the hydraulic cleaning of sewers and culverts. No. 90-89 - A by-law to authorize the execution of an agreement with Trans- Video Inspection Limited for the television inspection of sewers. No. 90-90 - A by-law to authorize the execution of an agreement with Brian Thorne carrying on business as Golden Horseshoe Pest Control fo~ rodent control services. 90-91 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for road reconstruction on Russell Street. No. 90-92 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law Nos. 90-81 and 90-82; with Alderman Hopkins abstaining from the vote on a conflict of interest on By-law Nos. 90-81, 90-82 and 90-83, because a member of his family has a business interest; with Aldermen Campbell, Cummings and Shetar abstaining from the vote on By-law No. 90-92 on conflicts of interest previously recorded under Report No. F-90-21; with Alderman Hopkins voting contrary on By-law No. 90-92 as previously recorded under Report No. F-90-21; and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the following by-laws be now read a second and third time: No. 90-81 - A by-law to amend By-law No. 79-200, as amended. No. 90-~2 - A by-law to amend By-law No. 79-200, as amended. No. 90-83 A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 90-84 - A by-law to alter the boundaries of the Urban Service Area of the City. No. 90-85 - A by-law to allow the maintaining and using of a building which '~. encroaches on Ellen Avenue. ~' ' ~\~'~*~ ," · . . . I0 -8- AND WHEREAS Arbor Day will stimulate interest in and knowledge of trees; AND WHEREAS the City of Niagara Falls encourages the planting, preservation and conservation of trees; NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City, the day of April 27, 1990, is hereby proclaimed as Arbor Day in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Ns. 18 - pDTTICK - CUt~(INGS - RESOLVED that a letter of condolence be forwarded to the family of the late Irvin Feldman, a highly respected and active citizen of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 29 - eRR - HENDERSHOT - RESOLVED that a letter of condolence be forwarded to the family of the late Ivan WagE, a respected citizen of the City of St. Catharines, and father of E.C. (Woody) WagE, City Clerk of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 30 - COWAN - 01111 - RESOLVED that the unit prices submitted by Alfidome Construction Ltd., for Contract 90-102 - Local Improvement Road Reconstruction on Russell Street, from St. Paul Avenue to Dorchester Road, be accepted at the low tendered amount of $302,988.00, subject to: (i) By-law 89-308 receiving third reading; (ii) Financing required from the 1990 Operating Budget be given pro-budget approval ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherat, that the following by-law be now read a third time: No. 89-308 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest, because her daughter lives in the area involved, and with all others voting in fayour, ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the following by-law be now read a second and third time: No. 90-72 - A by-law to amend By-law No. 83-149, being a by-law to appoint. municipal law enforcement officers. Carried Unanimously. 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. 90-81- A by-law to amend By-law No. 79-200, as amended. (AM-22/89 Hospitality Noteis Ltd,, Vincent & Ida DiCosime~ Report PD-89-109 approved by Council August 14, 1989). - 9- 90-82 - A by-law to amend By-law No. 79-200, as amended. (AM-32/89 V. & I. DiCosimo; Report PD-89-171 approved by Council November 13, 1989). No. 90-83 - A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-32/89). No. 90-84 - A by-law to alter the boundaries of the Urban Service Area of the City. (Report PD-90-09 approved by Council January 15, t990). No. 90-85 - A by-law to allow the maintaining and using of a building which encroaches on Ellen Avenue. No. 90-86 - A by-law to allow the maintaining and using of a building which encroaches on Fourth Avenue. (Report CD-90-15 approved by Council March 12, 1990). No. 90-87 - A by-law to allow the maintaining and using of a building which encroaches on St. Lawrence Avenue. (Report CD-90-17 approved by Council March 12, 1990). No. 90-88 - A by-law to authorize the execution of an agreement with Trans- Video Inspection Limited for the hydraulic cleaning of sewers and culverts. No. 90-89 - A by-law to authorize the execution of an agreement with Trans- Video Inspection Limited for the television inspection of sewers. No. 90-98 - A by-law to authorize the execution of an agreement with Brian Theme carrying on business as Golden Horseshoe Pest Control for rodent control services. 90-91 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for road reconstruction on Russell Street. No. 90-92 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law Nos. 90-81 and 90-82; with Alderman Hspkins abstaining from the vote on a conflict of interest on By-law Nos. 90-81, 90-82 and 90-83, because a member of his family has a business interest; with Aldermen Campbell, Cummings and Sherar abstaining from the vote on By-law No. 90-92 on conflicts of interest previously recorded under Report No. F-90-21; with Aiderman Hopkins voting contrary on By-law No. 90-92 as previously recorded under Report No. F-90-21; and with all others voting in fayour. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the following by-laws be now read a second and third time: 90-81 - A by-law to amend By-law No. 79-200, as amended. No. 90-82 - A by-law to amend By-law No. 79-200, as amended. NO. 90-83 - A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 90-84 - A by-law to alter the boundaries of the Urban Service Area of the City. NO. 90-85 - A by-law to allow the maintaining and using of a building which encroaches on Ellen Avenue. - 10 - No. 90-86 No. 90-87 No. 90-88 A by-law to allow the maintaining and using of a building which encroaches on Fourth Avenue. A by-law to allow the maintaining and using of a building which encroaches on St. Lawrence Avenue. A by-law to authorize the execution of an agreement with Trams- Video Inspection Limited for the hydraulic cleaning of sewers and culverts. No. 90--89 - No. 90-90 - A by-law to authorize the execution of an agreement with Trams- Video Inspection Limited for the television inspection of sewers. A by-law to authorize the execution of an agreement with Brian Thorne carrying on business as Golden Horseshoe Pest Control for rodent control services. No. 90-91 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for road reconstruction on Russell Street. No. 90-92 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary voting contrary on By-law Nos. 90-81 and 90-82; with Alderman Hopkins abstaining from the vote on By-law Nos. 90- 81, 90-82 and 90-83, on a conflict of interest previously recorded; with Aldermen Campbell, Cummings and Shetar abstaining from the vote on By-law No. 90-92 on conflicts of interest previously recorded; with Alderman Hopkins voting contrary on By-law No. 90-92 as previously recorded; and with all others voting in favour. NEW BUSINESS O.H.I.P Premiums - Alderman Puttick expressed concern regarding partnership firms and lawyers being exempt from CHIP premiums, and requested a report from the Chief Administrative Officer regarding this matter. Portage Road Book - Alderman Puttick referred to the meeting he had artended on Friday evening, March 30, 1990, regarding the historical book on Portage Road, which had been compiled by Niagara Falls Historian George Seibel. He commended Mayor Smeaton "on an excellent job" at the meeting. Subdivisions in Rural Lands - Alderman Hopkins expressed concern with reference to subdivisions in rural lands and "testamentary devise". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hendershot, that the matter be referred to Staff to investigate and submit a report at an early date. Carried Unanimously. Mayor~s HoimingConnnittee - Alderman Harrington referred to the Mayor's Committee on Housing minutes of March 7th, 1990, which had been included in the ageodd package. She invited all members of Council to attend the upcoming meeting of the Committee, which will be held April 4th, 1990. It was moved by Alderman Cummings, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, FIFTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 9, 1990 Council met on Monday, April 9th, 1990, at 6:15 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Ward who was on vacation, and Rinsperger, were present. Alderman Puttick presided as Chairman. Following consideration of the itemspresented, the Committee of theWhole arose to report in open session. READ ANDADOPTED, E.G. WAGO, CITY CLERK PLANNING/REGULAR MEETING Council Chambers April 9, 1990 Council met on Monday, April 9th, 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 Hinsperger, Alderman Hopkins who was absent due to illness, and AIderman Ward who was on vacation, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of AIdenman Orr, seconded by Alderman Cowan, that the minutes of the meeting held April 2nd, 1990, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS ALDERMANIC SALARY The Chief Administrative Officer advised that the Committee of the Whole had reviewed the Aldermanic salaries as part of a Job evaluation. ORDERED on the motion of Aldenman Puttick, seconded by Alderman Cummings, that the Aldermanic salaries be increased to $11,493.00 per annum. The motion Carried with the following vote: AYE: AIdermen Campbell, Cummings, Harrington, Orr and Puttick. NAYE: Aidemen Cowan, Hendershot, Janvary and Sherat. DEPUTATIONS NORTON Communication No. 126A- Wayne McMillan, Chippawn Employee Committee Supporting Norton ManaSement for an Independent Norton Company - Re: BTR Takeover. The communication discusses the proposed purchase by British Tire and Rubber (BTR) of 60% of the shares in the Norton Company, opposes the takeover because it would have an adverse effect on employees, suppliers, customers and communities served by the company and requests permission t~ address Council. -AND- Comunicatton No. 1268 - Niagara Falls Economic Development A~ency - Re% Norton 'Advanced Ceramics of Canada. "'.The communication urzes Council to support the ~ roup, -2- -AND- Communication No, 126C - The Chamber of Commerce Niagara Falls, Canada - Re: Norton Advanced Ceramics of Canada Inc. The communication asks the City of Niagara Falls to support the employees, management and company to avert the takeover by BTR. Mr. McMillan reviewed actions taken to date with respect to the proposed takeover by BTR, and requested the support of City Council in this matter. ORDERED on the motion of Alderman Cmmpbell seconded by Alderman Cummings, that communications be received and filed, and a resolution supporting the request be approved. Carried Unanimously. Mr. Chuck Chataway, Director, Niagara Falls Economic Development Agency, advised that the Agency would be willing work, in an appropriate manner, to safeguard jobs at the Norton Company. During the discussion, Alderman Cummings volunteered to act on a Committee to work WiTh t~d'NoTton support group. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that a Committee of Council and representatives of the Economic Development Agency be formed to work with the group. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communications be received and filed. Carried Unanimously. See Resolution No. 31. LAND DIVISION co~'rrn~ - 1989 ~ END REPORT: Communication No. 127 - P.A. Pasquet - Re: Land Division Cor~nittee 1989 Year End Report. The communication attaches the report, and advises that the Connnittee dealt with 834 severance applications in 1989 and have received over 300 applications in 1990. ORDERED on the motion of Alderman Cununiags, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. PINE I~IEEVILLAGE: Co~mnication No. 128 - Linda H. Briscall - Re: Pine Tree Village Trailer Park. The communication requests permission to address Council regarding the possibility of having City water available to the trailer park, and attaches a communication outlining concerns with respect to water at the park. , Mrs. Briscall submitted a number of letters and a petition from residents of the Pine Tree Village Trailer Park indicating the urgent need for City water. She discussed the water problems in the Park and asked that they be alleviated by having City water piped into the Trailer Park. The Director of Municipal Works advised that the extension of the Municipal water supply was being actively considered this year. He discussed the samples taken by the City with the involvement of the Ministry of Environment and Ministry of Health, and stated that the landfill site was not impacting on the Mobile Home Park at the present time. During the discussion, it was agreed that the purity of drinkingwater was a priority. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter be referred to Staff for a report in two weeks time, and further, that the concerned citizens be invited to attend the meeting. Carried Unanimously. UNFINISHED BUSINESS COURT HOUSE~ His Worship Mayor Smeaton referred to erroneous statements made recently, · by a member of thc Bar Association, and published in the local newspaper, with respect to Court House facilities in Niagara Falls. -3 - Mr. Peter Mann, President, Niagara Falls Bar Association, was in attendance. He referred to the recent closing of the Court House facilities, as well as the possibility of a permanent closure and a satellite Court House with facilities in St. Catharines and Welland. His Worship Mayor Smeaton provided information regarding actions taken with respect to the local Court House, and stated that everything possible would be done to ensure continuance of the local facilities. ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the verbal report be received and adopted. Carried UnanimouslJLa REPORTS - PLANNING MATTERS CD-90-22 - Chief Administrative Officer - Re: Ascot Woods No. 4 Plan of Subdivision, 26T-89018; AM-29/89 and AM-30/89. The report recommends that Council give further consideration to Reports CD-90-08 and PD-90-39, and continue with the Public Meeting portion which was adjourned at the meeting held March 12, 1990. Aldermen Cummings and Sherar declared conflicts of interest because they are employed with a company involved. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and the matter proceed. 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. CD-90-O8 - Chief Administrative Officer ~ Re: Proposed Plan of Subdivision, AScot Woods Ext. No. 4, File No. 26T-89018. (COUNCIL 1990 03 12). The report recommends that the Ascot Woods Ext. 4 Subdivision be approved subject to the conditions enumerated in this report. PD-90-39 - ChiefAdmlnistrative Officer - Re: Zoning Amendment Applications 29/89 & AH-30/89 Ascot Woods Ltd., Ascot Woods Extension No. 4, Plan of Subdivision; Part Township Lots 105 & 116, West Side of Montrose Road. The report recommends the fcllowiag: 1) 2) That Council support the Zoning By-law Amendment applications for the Ascot Woods Extension No. 4 plan of subdivision; That Block 73 in the plan of subdivision, intended for an apartment building, be zoned site specifically, incorporating provisions to better maintain the development proposed, and that development thereon be made subject to Site Plan Control to address grading, berming, landscaping, fencing, lighting, access, etc.; and 3) That the applicant and Regional Municipality of Niagara be advised accordingly. Communication No. 129A (H~NDOUT) - CN Operations Service, Southern Ontario District - Re: Zoning By-law Amendments AN-29/89 & AM-30/89, Ascot Woods Ext. No. 4 Subdivision. The communication requests that a clause be included respecting right-of-way, as outlined in the letter, as a condition of consent from the Cit~ of Niagara Falls. Co~sunication No. 129B (HANDOUT) - Brian J. Koene & Concerned Citizens of Windfield Street ASsociation - Rot Proposed Extension of Ascot Woods Subdivision, The communication expresses concern regarding the proposed 13 foot high wall to be constructed adjacent to Hontrose Road, in terms of protection against dust and noxious fumes, and moving of proposed parkland, -4- The Clerk advised that the Notices of the Public Meeting had been forwarded on March 16th, 1990. His Worship Mayor Smeaton noted that Mr. Brian Sinclair, Solicitor, was in attendance, and received a positive response to his request for a show of hands indicating the presence of persons interested in the application. Re asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. Mayor Smeaton reviewed the procedure to be followed under the PlanningAct, 1983. The Director of Planning & Development discussed the two applications and extension of the existing development, and referred to a letter from Acres International which describes the types of buffering. He stated that the intent was to minimize the development which would be adjacent to the industrial area, reduce density and concentrate one multiple family project on one side of the development with no direct access ceMentrose Road. He further discussed air conditioning, ~encingand berms, and responded to questions raised regarding the proposed parkland. Mr. Roy Rogers, 7770 Windfield Street; Bernie Albright, 4978 Windfield Street; Brine J. Koene, 7820 Windfield Street; Hans Burschberg, 4979 Tara Avenue; David and Marguerite Watts, 7830 Windfield Street; Joe Pantusa, 7810 Windfield; and Bey Stankowski, 7846 Windfield Street, and Jim Fielick, were in attendance to express their concerns and opposition to this application. They discussed concerns regarding the proposed 13' wall, lack of access to Mootrose Road, change in location of parkland, lack of notification with respect to the proposal, and school facilities. Mr. Peter Lingard, Solicitor, addressed Council on behalf of the Niagara Industrial Association, which was comprised of 7 industries along Montrose Road who were opposing the application in terms of noise, dust, cdours, traffic and safety considerations arising from industrial operations alon~ Mootrose Road. Re referred to his contacts with Dr. Ramakrishman of the Ministry of the Environment, and indicated Ministry of the Environment concerns regarding the proposal. Mr. Brine Sinclair, Solicitor, stated that planning issues had been addressed by the Planner at the previous Public Meeting, referred to the noise studies which had been completed and stated that the third noise study had not yet been approved by the Ministry of the Environment. Me further stated that the requirements of the Ministry would have to be satisfied. Mr. Sinclair discussed the proposal, and responded to question raised regarding parkland, types of housing, and parking facilities. During the discussion, concern was expressed with respect to the lack of communication from the Ministry of the Environment. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman err, Seconded by Alderman Cowan, that Report No. CD-90-08 be received and adopted, subject to approval from the Ministry of the Environment, and all conditions listed. The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. ORDERED on the motion of Alderman err, seconded by Alderman Campbell, that Report No. PD-90-39 be received and adopted. The motion Carried with Aldermen Cun~nings and Sherat abstainin~from the vote on a conflict of interest previously recorded, and with all others voting in fayour, His Worship Mayor Smeaton declared a 5 minute adjournment at 9:35 p.m. Following the recess, Council raceevened at 9:40 for the balance of the meeting, VD-90-58 - Chief Adainistrative Officer - Re: Zoning Amendment Application AM- 1/90, N. & V. D~Ascenzo, D, & A. Baroni; 7528 Dorchester Road. The report -5 - recommends that Council not support the Zoning Amendment application to permit the construction of a one-two storey, 10 unit apartment building on the subject site. Com~nunication No. 13OA - Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment AM-l/90, 1-2 Storey, lO Unit Apartment Building; 7528 Dorchester Road. The communication attaches comments from Regional Public Works indicating that they had no objections to the proposed amendment. Communication NO. 13OB - Petition from Residents of Dorchester Rd., Jill Dr., Fern Ave., Chelsea Ores., and Rainbow Or. - Re: Zoning By-law Amendment ApplicationAM-l/90. The petition expresses objection to the amendment because the surrounding area has single family homes, that any need for multi-family type housing has been met on Jubilee Drive and Dorchester Road, and asks Council to support the request for denial of the application. Co~enunication No. 130C - Clen & Marion Miller - Re: Zoning By-law Amendment Application AM-l/90. The communication expresses opposition to the proposed amendment because the area has been zoned single-family, equity in the surrounding homes has been attained, improvements have been made to homes and properties, and the proposed amendment would depreciate land values in the area. The communication further refers to lack of privacy, increased traffic being a danger to school children, and requests Council to deny the application. -AND- Communication No. 130D - Mr. & Mrs. T.Jo Spiteel - Re: Zoning By-law Amendment Application AM-1/90. The communication objects to the proposed amendment because of the increase density, noise and incompatibility within the neighbourhood. -AND - communication No. 130E - C. & D. Tomyn- Re: Zoning By-lawApplicationAM-1/90. The communication expresses opposition to the application because of increased activity in the neighbourhood. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application, The Clerk advised that the Notices of the Public Meeting had been forwarded on March 9th, 1990. His Worship Mayor Smeaton noted that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicants, and received a positive response to his request for a show of hands indicating the presence of persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches and reviewed the following information contained in Technical Report No. PD-90-46: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He advised that the proposal did not comply with the Official Plan policy with respect to different types of dwellings being developed in harmony with each other; the development represented an overintensification of land use compatible with low density, single-family detached dwellings surrounding the subject site; the surrounding neighbourhood already provided a mix of residential accommodation and further opportunities to provide additional apartment and townhouse development on pro-zoned lands to the south; and that the current zoning of the subject lands was appropriate with the potential to construct two new single-family detached dwellings on separate lots, A negative response was received to Mayor Smeaton's request for comments from persons,.other than the applicant and his agent, in support of the proposal. -6- Mr. Ray Keighan, 7561 Dorchester Road; J. Tomyn, 6852 Jill Drive; and Glen Miller, 7555 Chelsea Cres., expressed opposition to the application, and referred to the petition submitted by residents to express their concerns. They discussed devalued property values, inadequate parking facilities, and increased traffic causing a danger to children in the area; referred to adjoining subdivisions with single-family and multiple-family housing; opposed the change in zoning; and asked Council to deny the application. Mr. Marinelli responded to concerns regarding the condition of the property and advised that the current building would be demolished "regardless of the decision tonight". He discussed the proposal, advised that the units would be "owner occupied"; and referred to the adequacy of services, roads, storm and sanitary sewers. Mr. Marinelli pointed out that the Engineering and Regional Public Works Departments offered no objections, and discussed guidelines with respect to location, as well as design policies. He referred to increased landscaping lessening the impact on residents in the area, discussed the size of the proposed housing, the likelihood of prospective buyers being young married couples or seniors, and suggested that three single family dwellings would have the same impact. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Hearing closed. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hendershot, that the connnunications be received and filed, the report be received and adopted and the application denied. Carried Unanimously. PD-90-57 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 5/90 Iemmolo & Sons Ltd.; 5257 Ferry Street and 5885 Ellen Avenue. The report recommends that Council not support the amendment to the Zoning By-law to permit the construction of a 9-storey, 94 unit hotel and to permit a portion of the required parking for the development on a separate property. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that the Notices of the Public Meetiug had been forwarded on March 9th, 1990. His Worship Mayor Smeaton noted that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicants, and received a negative response to his request for a show of hands indicating the presence of persons interested in the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-45: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site PlanReview. He stated that the subject lands were located in the primary development zone of the City's Hotel Guidelines where horizontal development rights could be exchanged to permit development in a vertical form, but that the proposal did not satisfy the intent of the Hotel Guidelines, to enhance the environmental quality of the development through landscaping, building setbacks, parking ratios and other design features. He further stated that the proposed development was far in excess of conventional hotel density standards and densities previously established in the area. It was suggested that a reduction in height and density would allow for improved landscaping, building setbacks and parking ratio. The Planning & Development Director discussed the inadequate sewer system in the area and reconnnended that Council not approve the application. A discussion was held with respect to the amended application. The Director of Planning & Development indicated that the hotel guidelines would be met in the amended application, but stated that En~lneering was a separate issue. ORDERED on the motion of Alderman ~uttick, seconded by Alderman Cowan, that the amended application be considered. The motion Carried with the followinS votes -7- AYE: Aldermen Campbell, Cowan, Hendershot, Janvary and Puttick. NAYE: Aldermen Cummings, Harrington, Orr and Shetar. There was a negative response to Mayor Smeaton~s request for comments from persons opposed to the application. Mr. Marinelli stated that no negative feedback had been received with respect to the application; discussed the amended proposal which contained increased setbacks, landscaping and parking, and further, that the hotel study guidelines were being met. He pointed out that the Ministry of the Environment had not forwarded any indication of concern regarding the application, and that the landscaping on the development would reduce storm water runoff going into the system. Mr. Marinelli further stated that when the separate sewer system was available on Ellen Avenue, the development would hook up to that system. The Director of Municipal Works provided information regarding the sewer separation system in the area and the agreement with the Ministry of the Environment. He recommended that further development in this area be held up "until the problem has been resolved", Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Hearing closed. ORDERED on the motion of Alderman PUttick, seconded by Alderman Orr, that the amended application be approved. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Curmnings, Hendershot, Orr and Puttick. NAYE: Aldermen Harrington, Janvary and Sherar. It was moved by Alderman Orr, seconded by Alderman Cummings, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. P~90-52 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 7/90 527786 Ontario Ltd., Mountaingate Estates Phase 2 Plan of Subdivision; Part Township Lot 24, between St. Paul Avenue and Portage Road, The report recommends the following: 1) 2) 2) That Council support the Zoning By-law amendment application for the Mountaingate Estates Phase 2 Plan of Subdivision; That Staff be directed to prepare the amending by-law for enactment at a subsequent Council meeting; and That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed would be similar to the previous application. The Clerk advised that the Notices of the Public Meeting had been forwarded on March 9th, 1990. His Worship Mayor Smeaton noted that Mr. Eric Henry, applicant, was in attendance, and received a positive response to his request for a show of hands indicating the presence of persons interested in the application, He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-43~ Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review & Analysis. He recommended that the application be supported. -B- There was a negative response to Mayor Smeaton's request for comments from those in support of the application, other than the applicant, and those opposed to the application. Mr. Henry indicated that he would respond to questions raised. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Hearing closed. ORDERED on the motion of Aldenan Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. PD-90-54 - Environmental Planning & Greenlug Committee - Re: Environmentally Sound Purchasing and the Ecology. The report recommends that the Finance Committee give preference to environmental choice products wherever possible. ORDERED on the motion of Alderman Harrington, seconded by AIderman Janvary, that the report be received and adopted. Carried Unanimously. -PD-90-56 - Chief Adndnistrative Officer - Re: AM-5/89 J. Kendall (previously J. Dellbern); East Side of Montrose Road, Pt. of Twp. Lot 54; 3364 Montrose Road. The report reconunends the following: 1) That City Council, prior to the passing of the amending by-law for Zoning Amendment AM-5/89, determine by resolution, in accordance with Section 34(16) of the Planning Act, that the changes to the Proposal which are provided for in the amending by-law will not require the giving of any further notice; 2) That Council enact the amending by-law in accordance with Section 34(17) of the Planning Act. ORDERED on the motion of Aldenan Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See Resolution No. 32. See By-law No. 90-94. and By-law No. 90-95. pD-90-53 - Environmental planning & Creening Committee - Re: Earth Day April 22, 1990. The report recommends that Council adopt the Earth Day Resolution on tonight's Council agenda and declare April 22nd, 1990, as Earth Day. ORDERED on the motion of Alderman Cummings, seconded by Aideman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 33. PD-90-48 - Chief Administrative Officer - Re: AM-39/89 Ancient Chinese City Development Corporation; North Side Reixinger Road. The report recommends the following: 1) That Council receive this report for infomation; 2) That a copy of this report be circulated to the proponent, Region and concerned agencies, to ensure that a common understanding is reached regarding the works to be undertaken, timing and the process to be followed· Mr. Rick Brady, Proctor & Redfern; and Mr. Doug Drew, Dynasty Holdings, were in attendance. They discussed the urgency in proceeding with the application, and responded to questions raised regarding ownership of land in the area and contacts with the Economic Development A~ency. Mr. Drew advised that the applicant would be responsible for servicing the property,They requested approval of the project. The Director of Plannlu~ & Development discussed the establishment of rights of land and land value with respect to zoning, and the required procedure. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted, and that a further report be submitted in July 1990. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Janvary, Orr and Shetar. NAYE: Aldenan Puttick. PD-90-59 -Mayor's Committee on Housing - Re: Interim Policies for Affordable Houslng. The report recoF~ends that Council adopt the Interim Policies for Affordable Housing for use when considering applications to amend the Official Plan and/or Zoning By-law and Plans of Subdivision. -AND- Cnmamication No. 131 - Ninsara Housing Network - Re: New Provincial Housing Policy. The communication advises that the Network was in agreement with the philosophy respecting the aforementioned Policy, and submits comments and recommendations regarding methods of implementing the Policy. ORDERED on the motion of Alderman Harrington, seconded by Aldenan Orr, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Aiderman Harrington, seconded by Alderman Hendershot, that the communication be referred to Staff for a report as soon as possible. The motion Carrle__dwith the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Janvary and Orr. NAYE: Aldeman Puttick and Sherat. PD-90-61 - Mayor's Committee on Housing - Re: City of Toronto Regarding Federal and Provincial Funding for Non-Profit Housing. recommends the following: Resolution The report 1) 2) That City Council endorse the two resolutions presented by the City of Toronto, as attached to this report; and That a copy of this report be forwarded to the City of Toronto; Mr. Vince Kerrin, M.P.P.; Mr. Rob Nicholson, M.P.; The Honourable Alan Redway, Minister of Housing, Ottawa; and the Honourable John Sweeney, Minister of Mousing, Queen's Park. ORDERED on the motion of Aldenan Harrington, seconded by Aidenan Orr, that the report be received and adopted. Carried Unanimously. CO~elUNICATIONS No. 132 - The Corporation of the Torn of Oakvtlle - Re: 1990 First Installment Requisition for Education Purposes. The connnunication requests support of a resolution asking the Province to announce grants at an earlier date and bill the Provincial Government to cover the cost of borrowing the first installment requisition. ORDERED on the motion of Alderman Cummings, seconded by Aideman Cowan, that the communication be referred to Staff, Carried Unanimously. No. 133 - Regional Ningara Public Works Department - Re: Water/Sewage Flows by Municipality Monthly Reports for January & Febrmary 1990. The communication attaches Reports PEP-3087 and DEP-3088 for the information of Council. ORDERED on the motion of Alderman Orr, seconded by Alderman gumminis, that the communication be received and filed. Carried Unanimously. No, 134 - Regional Niagara Public Works DePartment - Re: Update - Standing Operating Procedures for Peacetime Disasters for the Regional Municipality of · - 10 - Niagara. The communication requests a review of the specific role and responsibility and re-write procedures, if warranted, and requests comments and recommendations by May 14th, 1990. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the connnunication be referred to Staff for comments. Carried Unanimously. No. 135 - Elisabeth Teunis, Run Organizer, Terry Fox Run - Re: 1990 Terry Fox Run - September 16th, 1990. The communication requests permission to host the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the request be granted subject to the approval of other authorities, and that Staff be authorized to coordinate the event. Carried Unanimously. No. 136 - The Honourable Lyn McLeod, Minister of Natural Resources - Re: Proclamation. The communication asks Council to proclaim May 6th to 12th, 1990 as "National Forest Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. No. 137 - SERTATORONTO - Re: Proclamation. The communication asks Council to proclaim May 1990 as "Better Sleep Month". ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the request not be approved since it is contrary to policy 200.27. Carried Unanimously. No. 138 - Roxanne Felice, Manager, Project S.H,A.R,E. - Re: Food Drive - May 12th, 1990, 8:00 - 9:00 a.m. The conu~unication requests the use of the City Hall Cafeteria, the city Hall as a food drop-off point, and a van for the day to assist in food pickups. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication be referred to Staff. Carried Unanimously. No. 139 - City of St. Catharines - Re: Report of Ad Hoc Review Con~atttee & St. Catharines' Response. The communication attaches a draft response. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Cowan, that the communication be referred to the City's special Committee. Carried Unanimously. No. 140 - M~untain Read LandfillPublic Liaison Committee - Re: Approved Minutes of the Mountain Road Landfill Public Liaison Committee. The cormmunication attaches the aforementioned minutes for the January 24th and February 7th, 1990 meetings of the subject Committee. ORDERED on the motion of Alderman Curmuiugs, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. REPORTS R-90-09 - Chief Administrative Officer - Re: Arena Boards - Stamford Memorial Arena. The report recommends that the by-law appearing later on this evening's agenda authorizing Stamford Figure Skating Club to sell advertising on the arena boards at Stamford Memorial Arena, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that ' the report be received and adopted. Carried Unanimously. See By-law No. 90-105. CD-90-21 - Chief A~ainistrative Officer - Re: Purchase of Lands from Mr. A. DiGiorgio in order to complete Camel Neighbourhood Park, The report.recommends the following~ 1) That Staff be authorized to take all necessary steps for the acquisition of lands in part of To~mship Lot ?0 at the appraised value of $60,000,00 per acre, for parks purposes; 2) 3) - 11 - That Staff be authorized to take all necessary actions for the proper exchange of lands in Part of Township Lot 70; That the monies required for the purchase of lands for the development of a park in the Cannel Neighbourhood be taken from the Parks Acquisition Reserve Fund. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. B-90-26 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for March 1990. The report provides information regarding Permits Issued and Highlights for March 1990, as well as April Proposals, and recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Aidennan Orr, that the report be received and adopted. Carried Unanimously. B-90-27 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Commercial Plaza, 6788 Thorold Stone Road; AN-16/89, By-law 89-288. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial plaza, and the site plan being drawing Number A-l, and the Site Grading and Services being drawing Number 001 and flled with the Buildings and Inspections Department of the City of Niagara Falls on April 4th, 1990, and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Hendershot, seconded by AIdennan Sherat, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Orr, Puttick and Sherat. NAYE: AIdennen Janvary and Marrington. B-90-28 - Chief Administrative Officer - Re: Site Plan Approval - Proposed T~o 15 Unit Residential Apartment D~ellings; North Side Thorold Stone Road, West of Montrose Road; AH-12/88, By-law 88-134. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 30 unit residential apartment dwelling complex, and the site plan being drawing Number AI-1, and the Landscape Site Plan being drawing Number L-I, and the Landscape Details L-2, and Site Service and Grading Plan being drawing Number C-1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 4th, 1990, and that such approval be subject to the conditions outlined in the report. Mr. Paul Johnston, agent for the owner, was in attendance. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. ~-90-~8 ~ Chief Administrative Officer - Re: Carlton Avenue - Parking 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 tonightts agenda, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 90-96. ~-90-79 - Chief Administrative Officer - Re: Contract 90-103 - Local Improvement Road Reconstruction on Shirley Ave,, Amelia Cres., Barton Cres., David Ave., Cabot Dr,, Stevens St., and Rendall Cres. The report recommends that the unit prices submitted by the low tendeter, Master Paving and Constrection Ltd,, be accepted and this contract be awarded subject to: 1) By-law 90-28 receiving third reading; 2) Financing required from the 1990 Operating Budget for Cathodic Protection be 6iron pro-budgeted approval· - 12- Aideman Janvary declared a conflict of interest because a member of her family lives on Amelia Crescent. ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. See Resolution No. 35. See By-law No. 90-108. MW-90-83 - Chief Administrative Officer - Re: Authorization for Execution of Agreements for Consulting Services, The report recommends that the by-laws appearing on tonight's agenda be approved, to authorize the Mayor and Clerk to execute the Consulting Engineering Agreements for Engineering Services as listed in this report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimously. By-law Nos. 90-97, 90-98, 90-99, 90-100, 90-101, 90-102, and No. 90-103. /4~-90-85 (HANDOUT) - Municipal Works Committee - Re: Committee Reports: (i) North/East Club Waste Management Board Implementation Study; and (ii) Terms of Reference for North/East Club Waste Management Master Plan. The report recommends the following: 1) That the City of Niagara Falls participate in the Waste Management Board Implementation Study and contribute its share of the costs in the amount of $5,730.00; 2) That the Proctor & Redfern Group be endorsed as the Consultant to undertake the Waste Management Board Implementation Study; and 3) That authorization be granted to prepare the Terms of Reference for the North/East Club Waste Management Master Plan in parallel to formation of the North/East Club. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. The motion Carried with the followin~ vote: AYE: Aldermen Campbell, Cummings, Herrington, Hendershot, Janvary, err, Puttick and Sherat. NAYE: Alderm. an C~wan. MW-~O-86 (BANDOUT) -Municipal Works Committee - Re: Committee Report: Canada Post Kiosk Proposal - Mount Carmel Boulevard. The report recommends that Canada Post not be permitted to install and operate a Postal Kiosk on Block 153 on Mount Carme1 Boulevard. Mr. Ed Helinski, 7785 Mount Carmel Boulevard, represented neighbours at the meeting and requested that Council not permit the Kiosk to be installed. ORDERED on the motion of Aideman Janvary, seconded by Alderman · Hendershot, that the report be received and adopted, Carried Unanimously. F-90-22 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totallin~ ~454,276.02 for the period ending April 9th, 1990, be approved by the passing of the by-law appearing later on the agenda. Aldensan Campbell declared a conflict of interest on Cheque No. 5Z670 because the organization is a client. - 13 - Alderman Hendershot declared conflicts of interest on Cheque No. 57711 because he is a member of the Board, and on Cheque No. 57782 because he is employed by the Board. Alderman Janvary declared a conflict of interest on Cheque No. 57782 because she is employed by the Board. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Campbell, Hendershot and Janvary abstaining from the vote on Cheque Nos. 57670, 57711 and 57782 respectively, as recorded Previously; and with all others voting in fayour. See By-law No. 90-109. C-90-O8 - Chief Administrative Officer - Re: Responsibility for Providing Increased Security Measures - Provincial Courts, Niagara Falls. The report Provides information regarding recent Press coverage of the subject matter, states that the necessary security improvements remains with the Ministry of Government Services, reviews actions taken in this respect, and recommends that the information contained therein be noted and the report received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 31 - CAMPBELL - COI~INGS - RESOLVED that WHEREAS since its establishment in the City of Niagara Falls in 1911, the Norton Company has become a very valued corporate citizen; AND WHEREAS concern has been expressed by both representatives of management and employees of the Norton Company that the purchase of the majority of Norton shares by British Tire and Rubber would not be in the best interests of either the Company or the Community; NOW TREREFORE BE IT RESOLVED that the shareholders of Norton Company be asked to reject the offer to purchase made by British Tire and Rubber and support the efforts of both management and employees to retain the Norton Company as an independent entity; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 32 - eRR - HENDERSHOT - RESOLVED that this Council does determine, in accordance with the Provisions of the Planning Act, 1983, that the changes to the proposed BY-lawAmendment (AM~5/89 (Dilibero) Kendall - Pt. Twp. Lot 54, 3364 Mootrose Road) for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. ' Carried Unanimously. No. 33 -CUNNINGS - JAIWARy - RESOLVED that the Council of the City of Niagara Falls, on the ninth day of April 1990, agreed that April 22, 1990 be designated · as Earth Day 1990 in the City of Niagara Falls AND WHEREAS the City of Niagara has long supported environmental protection and natural resource management programs and policies; AND WHEREAS public concern about protecting the Earth is rapidly increasing as new scientific information about environmental threats such as global warming, ozone depletion, acid rain, air pollution and more becomes available; AND WHEREAS citizens and business leaders are now recognizing environmental protection and resource conservation to be essential Prerequisites to sustainable development; AND WHEREAS cities have many critical environmental responsibilities, including land use planning, management of transportation systems, solid and liquid waste management; AND WHSBEAS almost twenty years ago, millions of people Joined together on Earth Day to express an unprecedented concern for the environment and their collective action resulted in the passage of sweeping laws to protect our air, our water, and the lands around us; 14 - 14 - AND WHEREAS citizens and their Governments must again renew their commitment to meet the global environmental challenge and stand up together in cities, counties, towns and villages around the world for a day of collective action to declare our shared resolve; NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City, the day of April 22, 1990 is hereby proclaimed as Earth Day 1990 in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 34 - CU~INGS - JANVARY - RESOLVED that Alderman Gary Hendershot be named Acting Mayor for the period of Friday, April 13th, 1990 to Monday, April 16th, 1990 inclusive, during the absence of His Worship Mayor William S. Smeaton; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 35 - COWAN - CU~INGS - RESOLVED that the unit prices submitted by Master Paving and Construction Ltd., for Contract 90-103 Local Improvement Road Reconstruction on Shirley Ave., Amelia Cres., Barton Cres., David Ave., Cabot Dr., Stevens St., and Rendall Cres., at the low tendered amount of $631,722.40, be accepted, subjected to: (i) By-law 90-28 receiving third reading; (ii) Financing required from the 1990 Operating Budget for Cathodic Protection be given pro-budgeted approval; ; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with all others voting in faveur. BY-LAWS ORDERED on the motion of Aideman Cummings, seconded by Aideman 0rr, that leave be granted to introduce the following by-laws, and the by-laws be read a first timex No. 90-93 - A by-law to amend By-law No. 79-200, as amended.(AM-31/89 Phil Casucci, 5687 Stanley Ave., Pt. Lot 2; Report PD-89-169 approved by Council November 13, 1989). No. 90-94 - A by-law to amend By-law No. 79-200, as amended.(AM-5/89 J. Kendall (Dilibero), Pt. Twp. Lot 54; Report PD-89-GI approved by Council April I0, 1989). No, 90-95 - 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. 90-96 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City roads. (Carlton Ave.). Ho. 90-97 - To authorize the execution of an agreement with The V & S Engineering Group Ltd., respecting engineering services for the' Ascot Woods Extension No. 4 Plan of Subdivision. NO. 90-98 - A by-law to authorize the execution of an agreement withAscot Woods Ltd., for the payment of consulting engineering services respecting the proposed Ascot Woods Extension No. 4 Plan of Subdivision. No. 90-99 - A by-law to authorize the execution of an agreement with Pinecove Developments Limited for the payment of consulting engineering services respectingthe proposed Westlane Court Plan of Subdivision. - 15 - No. 90-101 No. 90-102 No. 90-103 No. 90-100 - A by-law to authorize the execution of an agreement with Angelo Bonato and Livia Bonato for the payment of consulting engineering services respecting the proposed Bonato Estates Plan of Subdivision. - A by-law to authorize the execution of an agreement with Wiebe Engineering Group (J. Bryon Wiebe Ltd.) respecting engineering services to prepare final Engineer's Reports on drainage for rural watercourse improvements for three watercourses. - A by-law to authorize the execution of an agreement with Robert M. Martin Engineering& Project Management Inc. respecting engineering services for the Bonato Estates Plan of Subdivision. - A by-law to authorize the execution of an agreement with Proctor & Redfern Limlted respecting engineering services for the Westlane Court Plan of Subdivision. No. 90-104 - A by-law to authorize the execution of an agreement with Ontario Hydro. No. 90-105 No. 90-106 - A by-law to authorize the execution of an agreement with the Stamford Figure Skating Club. - A by-law to authorize the execution of an agreement with Kenmore Homes (1987) Inc. respecting the proposed Drummond Park Village Extension No. 5, No. 90-107 -A by-law to authorize the execution of an agreement with Upper Canada Planning and Engineering Consultants Ltd. respecting engineering services for the Drummond Park Village Extension No. 5. No. 90-108 -A by-law to authorize the execution of an agreement with Master Paving & Construction (Niagara Falls) Ltd. for local improvement road reconstruction. No. 90-109 -A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary abstaining from the vote on By-law No. 90-108 on a conflict of interest previously recorded under Report MW-90-79; with Aldermen Campbell, Hendershot and Janvary abstaining from the vote on By-law No. 90-109 on conflicts of interest previously recorded under Report F-90-22; and with all others voting in layout. ORDERED on the motion of Aideman Cummings, seconded by Aideman Cowan, that the following by-laws be now read a second and third time: No, 90-93 - A by-law to amend By-law No. 79-200, as amended, No. 90-94 - No. 90-95 - A by-law to amend By-law No. 79-200, as amended. 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. 90-96 - No. 90-97 - No. 90-98 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City roads. (Carlton Ave.). A by-law to authorize the execution of an agreement with The V & S Engineering Group Ltd., respecting engineering services for the Ascot Woods Extension No. 4 Plan of Subdivision. A by-law to authorize the execution of an agreement with Ascot Woods Ltd., for the Payment of consulting engineering services respecting the proposed Ascot Woods Extension No. 4 Plan of Subdivision. - 16 - No. 90-99 - NO. 90-100 - NO, 90-101 - No. 90-102- No. 90-X03 - No. 90-104 - No. 90-105- No. 90-106 - No. 9{)-102' - No. 90-108 - A by-law to authorize the execution of an agreement with Pinecove Developments Limited for the payment of consulting engineering services respecting the proposed Westlane Court Plan of Subdivision. A by-law to authorize the execution of an agreement with An~elo Bonato and Livia Bonato for the payment of consulting engineering services respecting the proposed Bonato Estates Plan of Subdivision. A by-law to authorize the execution of an agreement with Wiebe Engineering Group (J. Bryon Wiebe Ltd.) respecting engineering services to prepare final Engineer's Reports on drainage for rural watercourse improvements for three watercourses. A by-law to authorize the execution of an agreement with Robert M. Martin Engineering & Project Management Inc. respecting engineering services for the Bonato Estates Plan of Subdivision. A by-law to authorize the execution of an agreement with Proctor & Redfern Limited respecting engineering services for the Westlane Court Plan of Subdivision. A by-law to authorize the execution of an agreement with Ontario Hydro. A by-law to authorize the execution of an agreement with the Stamford Figure Skating Club. A by-law to authorize the execution of an agreement with Kenmore Homes (1987) Inc. respecting the proposed Drummond Park Village Extension No. 5. A by-law to authorize the execution of an agreement with Upper Canada Planning and Engineering Consultants Ltd. respecting engineering services for the Drummond Park Village Extension No. 5. A by-law to authorize the execution of an agreement with Master Paving & Construction (Niagara Falls) Ltd. for local improvement road reconstruction. No. 90-109 - A by-law to provide monies for general purposes. The motion Carried with Aideman Janvary abstaining from the vote on By-law No. 90-108 on a conflict of interest previously recorded; with Aidemen Campbell, Hendershot and Janvary abstaining from the vote on By-law No. 90-109 on copfliers of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCRIiN: "World Class City" - Image for Niagara Falls - Aideman Harrington referred to the communication she had submitted as a handout at this meeting, and suggested that the matter be tabled for two weeks, and to then be considered under Unfinished Business. ORDERED on the motion Of Alderman Marrington, seconded by Alderman Sherat, that the communication be postponed for two weeks. The motion Carried with Aideman Campbell abstaining from the vote because he was absent during the discussion, and with the following vote: AYE: Aidemen Harrington, Hendershot, Janvary, Orr, and Sherat. NAYE: Aldermen Cowan, Cummings and Puttick. Improvements to Roberrs Street/QEM Corridor - Alderman Puttick referred to the handout communication received from the Ministry of Transportatipn, advising that the Ninlstry was unwilling to embark on - 17- improvements to the Roberts Street corridor until the City, the Region and the Niagara Parks Commission had reached a consensus on a strategy. His Worship Mayor Smeaton agreed to follow up paragraph three of this communication. It was moved by Aideman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, SIXTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 April 23, 1990 Council met on Monday, April 23rd, 1990, at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cowan, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, E.C. WAGG, CITY CLERK S. SMEATON REGULAR MEETING Council Chambers April 23, 1990 Council met on Monday, April 23rd, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Cowan who entered late, were in attendance. His Worship Mayor Smeaton presided as Chairman. Alderman Harrington offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hopkins, who was absent at the meeting held April 9th, 1990, asked that it be recorded that he was opposed to the Aldermanic Salary increase; that he had a conflict with Report PD-90-56, Resolution No. 32, and By-law Nos. 90-94 and 90-95, regarding AM-5/89 J. Kendall, because his employer has a business interest. ORDERED on the motion of Alderman Sherar, seconded by Alderman Hopkins, that the minutes of the Joint Meeting held November 21st, 1989, and the meeting held April 9th, 1990, be received and adopted. Carried Unanimously.. pRESENTATIONS lIECOGNITION AWARD: His Worship Mayor Smeaton expressed appreciation and presented an Award of Merit to Mr. and Mrs. Fred Bedell, in recognition of their prompt administration of First Aid and C.P.R. in the saving of a life. ACHIEVEMENT AWARD: His Worship Mayor Smeaton congratulated and presented an Achievement Award to John Stiefelmeyer, who had received the Mike Moser Memorial Trophy as the most outstanding University basketball player in Canada. DEPUTATION FRANKLIN AVENUE & CULP STREET - 4-WAY STOP - Report No. MW-90-gS - Chief Administrative Officer - Re: Franklin Avenue & Culp Street, All-Way Stop Request· The report recommends the following: 1) 2) 3) 4) 5) That an All-Way Stop not be installed at the intersection of Franklin Avenue at Culp Street; That school Crossing Guards not be instituted at the intersection; That school area signs be installed in advance of the intersection; That pavement markings be applied at the intersection to provide crosswalk lines on all legs of the intersection as well as stop bars on the east and west legs of the intersection; That Princess Margaret School be advised of the crossing activities taking place at the intersection by school children. - AND - Conunication No. 141 (HANDOUT) - Niagara South Board of Education - Re: Crossing Guard. Request by Princess Margaret School, at Culp Street & Franklin Avenue. The' cor~munl~ation advises that the Niagara South Board had passed a resolution to support the request for a crossing guard at the subject intersection. Alderman Hendershot stated that he would not declare a conflict of interest, although his employer had become involved by letter. Mr. Warkentin, Principal, Princess Margaret School; Mrs. M. Walkden, 6543 Taylor Street; and Mr. Jim Willett, father of the girl injured at the intersection, were in attendance to review their concerns regarding the safety of children at the intersection of Franklin Avenue and Culp Street. Council was advised that the number of school children crossing the intersection was many more than the reported because the parents of children at the school had been transporting their children to and from school to avoid further accidents. The concerned residents asked Council to support their request for crosswalks, posted signs, and a 4-way stop. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report and communication be received and filed. It was further recommended that crossing guards and pavement markings be instituted immediately, and Staff be asked to investigate the installation of a 4-way stop. Carried Unanimously. PINE MR VILLAGE Mrs. Linda M. Briscall, 2175 Mewburn Road, was in attendance at Council with respect to the possibility of having City water installed at Pine Tree Village Trailer Park. Mrs. Briscall was advised that for health reasons, the Director of Municipal Works was unable to be present at this meeting, that this was a high priority item and that she would be notified when a report on the matter was submitted to Council, and would be invited to attend. UNFINISHED BUSINESS "WORLD CLASS CITY" IMAGE FOR NIAGARA FALLS - Communication No. 142 - Alderman Harringtou - Re: "World Class City" - (COUNCIL 1990 04 09). The communication refers to events and actions which provide a positive benefit to the City, and proposes that Council actively work towards promoting the image by consulting with other tourist interests in the City, with - the Board of Niagara Promotions Association to update their policies and procedures; and offers suggestions for consideration. Alderman Puttick asked that it be recorded that he was opposed to Item No. 5 in the communication, with respect to conflict of interest. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. - 3 - CObtb~JNICATIONS No. 143 - Len Driskell, Carnival Chairman, Stamford Centre Volunteer Firemen's Association - Re: Annual Carnival - June 13 - 16, 1990. The communication requests permission to operate the Carnival and bring in L.E. Smith Rides and Concessions. Alderman Cummings declared a conflict of interest because he is a member of the organization. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the requests be approved subject to established policy. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 144 - Art Somerville, President, Chippawa Sports Association - Re: Sin- Pitch Tournament - June 29 - 30, and July 1 - 2, 1990, Chippawa Lions Club, The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Chippawa Sports Association in conjunction with the Sin-pitch Tournament to be held June 29th, and 30th, and July 1st and 2nd, 1990, at the Chippawa Lions Club, 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. 145 - Bob Hanna, G.N.B.A., Niagara Falls Oldtimers Baseball Club - Re: Two- Day Three Pitch Tournament - August 25 - 26, 1990 at Houck Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Falls Oldtimers Baseball Club in conjunction with its Two Day Three Pitch Tournament, to be held August 25th and 26th, 1990, at Houck Park, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 146 - Kim G. Craitor, President, The Niagara Falls & District Labour Council - Re: Proclamation. The communication asks Council to proclaim April 28th, 1990 as '*Day of Mourning" and requests permission to fly the flag at half-mast on that date. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the requests be approved subject to established policy. Carried Unanimously. Alderman Cowan entered the meeting. No. 147 - James C. Androws, Clerk Co-ordinator, County of Wellington - Re: Tire Derived Fuel (TDF), by St. Marys Cement Co. The communication asks Council to endorse a resolution to the Ministry of the Environment that supports St. Marys Cement Co. in their efforts to test burn tire derived fuel made from scrap tires as a supplemental fuel in firing of their cement kilns. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the concept be approved subject to all environmental regulations. Carried Unanimously. No. 148 - Conrad H. Eidt, Campaign Chairman, The Salvation Army National Red Shield Appeal - Re: Annual National Red Shield Appeal - Monday, May 7th, 1990. The communication requests Council to approve baring the official flag flown at City Hall for the week previous to the drive, and asks Mayor Smeaton to attend the flag raising ceremony on May 1st, 1990. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the requests be approved. Carried Unanimously. .! -4 - No. 149 - Reeve Clifford J. Berini, Township of Oliver - Re: Meech Lake Accord. The communication attaches a Resolution regarding equal rights within Canada and requests endorsement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the resolution be endorsed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hinsperger, Janvary, Orr, Puttick and Sherar. NAYE: Aldermen Harrington, Hopkins and Ward. No. 150 - Mayor Janice Laking, City of Barrio Re: Proclamation. The communication asks Council to approve "Welcome Wagon Week" as April 29th to May 5th, 1990, and attaches the proclamation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the resolution be supported. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, Janvary, 0rr, and Ward. NAYE: Aldermen Hinsperger, Hopkins, Puttick and Shetar. No. 151 - David Oleoink, District Executive Officer, Ontario Secondary School Teachers' Federation (OSSTF) - Re: Financial Concerns of Boards of Education, Municipalities & 0SSTF. The communication provides information regarding a Form scheduled for Thursday, June 7th, 1990, at the Ramada Hotel Fallsview, and invites two representatives to the forum, as well as requesting a reply by April 24th, 1990. Alderman Hendershot declared a conflict of interest because he is Vice President of the group. During the brief discussion, it was agreed that Mayor Smeaton, Aldermen Harrington and Puttick, and the City Treasurer would attend the Forum. ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the communication be received and the invitation be accepted. 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. 152 - Regional Niagara Public Works Department - Re: Construction Progress Report to March 31st, 1990. The communication attaches Report DEP-3088 for information. ORDERED on the motion of Alderman Sherar, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. I53 - Building Industry Liaison Development Committee - Re: BILD Committee Report. The communication provides information regarding activities of the BILD Committee since its inception on November 26, 1987, and recommends that the report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperg~r, that the communication be received and filed. Carried Unanimously. No. 154 - Niagara Falls Family Y.M.C.A. - Re: Proclamation. The communication asks Council to proclaim the month of May 1990 as "Y.M.C.A. Month". ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the request be approved subject to established policy. Carried Unanimously. REPORTS }RI-gO-II - Chief Administrative Officer - Re: Basic Education For Skills Training. The report recommends that Council approve participation, subject to operational needs, by C.U.P.E., Local 133 members in a "Basic Education For Skills Training" program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted· Carried Unanimously. - 5 - B-90-29 - Chief Administrative Officer - Re: S~te Plan Approval - Proposed St. Andrew's Senior Citizen's Apartment; East side Mootrose Road north Thorold Stone Road; AM-4/89, By-law 90-20; Site Plan Control 10/90. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed senior citizen's apartment, and the site plan being drawing Number 1, and the site services and grading plan being drawing Number 2, and the landscape plan being drawing Number 3, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 17, 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 in the area. ORDERED on the motion of Alderman Janvary, seconded by Alderman Rinsperger, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. B-90-30 - Chief Administrative Officer - Re: Market By-law No. 81-274 - Proposed Amendment. The report recommends that Council approve the by-law appearing on tonight's agenda, which will amend Market By-law No. 81-274, to regulate the display of certain perishable goods in the natural elements. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendersbot, that the report be received and adopted. Carried UnanimouSly. See By-law No. 90-116. PD--90-64 - Chief Administrative Officer - Re: Official Plan Review - Open House. The report advises that an Open House will be held on April 26tb, 1990 at City Hall, and recommends that Council receive and file this report for information. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimou§ly. R-90-05 - Chief Administrative Officer - Re: Optimist Club Mortgage. The report recommends that Conncil approve the by-law appearing on this evening's agenda to authorize a mortgage to the Optimist Club of Niagara Falls. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, Puttick, Shetar and Ward, Aldermen Cowan, Harrington and 0rr. See By-law No. 90-111. R-90-10 - Recreation Commission - Re: Parks and Athletic Fields Schedules. The report recommends that the attached schedules for special events and regular use of parks, athletic fields, and school grounds be approved by City Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted, Carried Unanimously.. R-90-11 - Recreation Commission - Re: Stamford Skating Club Competition. The report recommends that the request of the Stamford Skating Club to host an Inter- Club Skating Competition, February 1 and 2, 1991, be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously.. IdW-90-SY - Chief Administrative Officer - Re: Annual Clean-up Campaign. The report advises that the Annual Clean-up Campaign for 1990 will commence Monday, April 30th, and scheduled over two weeks; and recommends that this advisory report be forwarded to Council for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman liinsperger, that the report be received and adopted, Carried Unanimously.. -6- MW-90-89 - Chief Administrative Officer - Re: t990 Local Improvements on Keiffe~ Street. The report recommends the following: 1) That Council pass the Local Improvement By-law appearing on tonight's agenda; 2) That Council approve, prior to approval of the 1990 Capital Budget, the financing necessary in this by-law. ORDERED on the motion nf Alderman Cowan, seconded by Alderman Hinsperger, Carried Unanimously. that the report be received and adopted. See By-law No. 90-110. MW-90-91 - Municipal Works Committee - Re: Coramittee Reports: recommends ,the following: I) MW-90-60 - Reduced Water Use & Wastewater Production - It is recommended that: The report 1. The Ministry of the Environment be advised that the mandatory requirement for the use of 6 litre super low flush toilets in all new commercial, touristJcommercial and multiple unit residential development, is presently in conflict with the Plumbing Code and cannot be implemented until at least late 1990. The City of Niagara Falls implement the Region of Waterloo's "Water Efficient Fixtures Standards" for all new construction and that the approximate by-law be implemented authorizing Staff to request that all bathroom fixtures are: (a) 12 litres or less for toilets, (b) 10 litres per minute, or less for showerheads, (c) 11 litres per minute, or less for water faucets. 3· New subdivision agreements contain a clause which requires the homeowner to pay for the cost of a water meter and backflow preventor if the City's Policy is to require these items at the time of application for building permits; and 4. The installation of water meters be a consistent practice required for all multiple unit dwellings. 2) MW-90-75 - 1990 Cnastruction Schedules - ~ It is recommended that the 1990 Construction Schedules for: 1. Road, Sewer and Watermain Projects; 2. Current Budget Maintenance Projects; and 3. Subdivision Construction Projects, be received for the information of Council. 3) NW-90-76 - January-March 1990 Construction Status Reports - It is recommended that the attached construction status received for the information of Council. reports be ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. MW-90-92 - Chief Administrative Officer - Re: Traffic Realignment at Bridge Street/River Road/Whirlpool Rapids Bridge Area - Increased Cost. The report recommends that authorization be granted to increase the Cityts contribution to the above-noted project from $30,000.00 to $36,000.00 and that the allocation in the 1990 Operating Budget be amended accordingly. Mr. Pat Simon was in attendance to express his concerns regarding the proposal, advised that he anticipated a business loss if the report is approved, and stated that there had been no problem with the current bus turn. - 7 - During the discussion, it was agreed that all members of Council would be invited to attend an upcoming on-site meeting. ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman Cummings. MW-90-98 - Chief Administrative Officer - Re: Contract F.R.W. 90-101 - Trunk Relief Sanitary Sewer, Stage 3 - Westlane/Westwood Area. The report recommends that the unit prices submitted by the low tenderer, Greenwood Contracting Limited, be accepted and this contract be awarded, subject to Ministry of the Environment approval. 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: Aldersten Campbell, Cowan, Cummings, Harrington, Hendershot, tlinsperger, Hopkins, Janvary, Puttick, Sherar and Ward. NAYE: Alderman Orr, F-90-23 - Chief Administrative Officer - Re: Municipal Accounts. The report recordheads that the accounts totalling $1,694,717.79 for the period ending April 23, 1990, be approved by the passing of the by-law appearing later on the agenda. Alderman Hendershot declared a conflict of interest on Cheque No. 57997 because he is employed by the Board; and on Cheque No. 58036 because he is a member of the Board. Alderman Binsperger declared a conflict of interest on Cheque Nos. 57861, 57862 and 58034 because a member of his family is employed with the Company. Alderman Janvary declared a conflict of interest on Cheque No. 57997 because she is employed by the Board. Additional information was provided on Cheque Nos. 57875, 58079, 58148 and 58148. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Hendcrshot, Hinsperger and Janvary abstaining from the vote on Cheque Nos. 57997, 58036, 57861, 57862, 58034, and 57997, respectively, on conflicts of interest previously recorded; with Alderman Puttick voting contrary on Cheque No. 57937; and with all others voting in fayour. See By-law ~o. 90-117. S-90-10 - Chief Administrative Officer - Re: Release & Abandonment of Easement or Licenee Lots 14, 15, 16, 17, Plan M-26 - Jubilee Drive. The report recommends that Council approve the by-law on this evening's agenda authorizing the release and abandonment of the City's easement or licenee over Lots 14, 15, 16, and 17 on Jubilee Drive, within Registered Plan M-26. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously~ See By-law No. 90-114. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-law be now read a third time: 90-28 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. Carried Unanimously· -8- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted te introduce the following by-law, and the by-law be read a first and second time: No. 90-110 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-111 - A by-law to authorize a Charge/Mortgage to the Optimist Club of Niagara Falls. No. 90-11~ - A by-law to provide for the remuneration of the Mayor of the City of Niagara Falls. No. 90-113 - A by-law to provide for the remuneration of the Aldermen of the City of Niagara Falls, No. 90-114 - A by-law to authorize a release and abandonment of easement or licence. No. 90-115 - A by-law to authorize the execution of an agreement with Greenwmod Contracting Limited for trunk relief sanitary sewer installation in the Westlane/Westwood Area. No. 90-116 - A by-law to amend By-law No. 81-274, being a by-law for establishing, maintaining and operating markets for regulating said markets located within the City of Niagara Falls, No. 90-117 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cowan, Harrington and err voting contrary on By-law No. 90-111, as previously recorded under Report No. R-90-05; with Aldermen Cowan, Puttick and Sherar voting contrary on By-law No. 90-112; with Aldermen Cowan, Hopkins, Janvary and Sherar voting contrary on By-law No. 90-113; with Alderman err voting contrary on By-law No. 90-115; with Aldermen Hendershot, Hinsperger and Janvary abstaining from the vote on By-law No. 90-117, on conflicts of interest previously recorded under Report F-90-23; with Alderman Puttick voting contrary on By-law No. 90-117 as previously recorded under Report P-90-23; and with all others voting in favour. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 90-111 - A by-law to authorize a Charge/Mortgage to the Optimist Club of Niagara Falls. No. 90-112 - A by-law to provide for the remuneration of the Mayor of the City of Niagara Falls. No. 90-113 - A by-law to provide for the remuneration of the Aldermen of the City of Niagara Falls. NO. 90-114 - A by-law to authorize a release and abandonment of easement or licence. No. 90-115 ~ A by-law to authorize the execution of an agreement with Greenwood Contracting Limited for trunk relief sanitary sewer installation in the Westlane/Westwood Area. No. 90-116 - A by-law to amend By-law No. 81-274, being a by-law for establishing, maintaining and operating markets for regulating said ' markets located within the City of Niagara Falls. 9 No. 90-117 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cowan, Harrington and err voting contrary on By-law No, '90-111, as previously recorded; with Aldermen Cewan, Puttick and Sherat voting contrary on By-law No. 90-112; with Aldermen Cowan, Hopkins, Janvary and Sherar voting contrary on By-law No. 90-113; with Alderman err voting contrary on By-law No. 90-115; with Aldermen Hendershot, Hinsperger and Janvary abstaining from the vote on By-law No. 90-117, on conflicts of interest previously recorded; with Alderman Puttick voting contrary on By-law No. 90-117 as previously recorded; and with all others voting in favour. NEW BUSINESS ITF~ OP CONCH: O.H.I.P. Premiums - Alderman Puttick referred to his request, at the meeting held April 2nd, 1990, for a report on O .H.I.P Premiums with respect to exemptions for partnership firms and lawyers. He requested a further explanation from Health Minister Caplan Alderman Campbell declared a conflict of interest because he is self- employed. French Language Letter - Alderman Cummings referred to an Information for Council letter received in the Agenda package and asked that these be translated as previously discussed. Health Clinic in Welland - Alderman Cummings referred to the receipt of a communication from Niagara District Health Council requesting input regarding the establishment of the aforementioned Health Clinic. ORDERED on the motiQn of Alderman Cummings, seconded by Alderman Campbell, that the Health Council be advised that this Council was not in favour of the Clinic. The motion:~arrted with the following vote: AYE: Atdermen Campbell, Cowan, Cummings, Hinsperger, Hopkins, Janvary, Puttick, Shetar and Ward. NAYE: Aldermen ltarrington Hendershot and err. Y.W.C.A. Housing Program - Alderman Campbell referred to the Y.W.C.A. Housing Program, and the need for a site. He suggested the Lord Baden Pewell Park might be an appropriate location. Alderman Hopkins declared a conflict of interest because his employer has a business interest. ORDERED on the motion of Alderman Campbell, seconded by Alderman Sherar, that the matter be referred to Staff for a report. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. Buffalo New Items - Alderman Campbell referred to stories published in the Buffalo News which were detrimental to the City of Niagara Falls, and suggested that a letter of rebuttal be forwarded to the author with an invitation to visit Niagara Falls with Mayor Smeaton. Alderman Campbell moved that a letter of objection be sent, there was no secondeL Alderman Ward suggested that since the newspaper refers to Niagara Falls, N.Y., perhaps Mayor Smeaton could contact Mayor O'Laughlin regarding the matter. 0 . 10 - 10 - Clean-up Of Local prnperties - Alderman Puttick initiated a brief discussion regarding the responsibility for clean-up of local properties. Alderman Harrington discussed the local groups and individuals who had participated in cleaning up areas of the City on "Earth Day", Sunday, April 22rid, 1990. His Worship Mayor Smeaton expressed appreciation to all the people who had participated. Downtown Board of Management - Alderman Campbell referred to statements made in the Minutes of the April 1990 meeting of the Downtown Board of Management, which revealed a negative attitude by a banking establishment towards the Queen Street area. Mayor Smeaton agreed that the matter would be investigated. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the minutes of the Board held April 1990, be investigated through the Mayor's office, Carried Unanimously. Niagara Falls Thunder - Alderman Cummings asked that a letter of congratulations be forwarded to Mr, Gay, Coaches and players, of the Niagara Palls Thunder. Mayor Smeaton advised that a letter had already been forwarded. It was moved by Alderman err, seconded by Alderman Puttick, meeting adjourn. Carried Unanimsusly. that the READ AND ADOPTED, E.C, WAGG, CITY CLERK MAYOR S. SMEATON SEVENTEENTH MEETING REGULAR MEETING Council Chambers April 30, 1990 Council met on Monday, April 30th, 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 Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman err, seconded by Alderman Shetar, that the minutes of the meeting held April 23rd, be received and adopted. Carried Unanimously. PRESENTATION WELCOME WAGON, NIAGARA FALLS: Co~nnunication No. 155 - Patricia C. Hughes, Connnunity Welcome Hostess, Welcome Wagon Ltd. - Re: "Welcome Wagon Week" - April 29th to May 5th, 1990. The communication advises that Welcome Wagon wishes to present Mayor Smeaton with a Certificate of Appreciation on the occasion of their Diamond Jubilee. Mrs. Adeline Bergsma, Area Manager; Mrs. Patricia C. Hughes, Community Welcome Hostess for the north end of the City and Mrs. Evelyn Gray, Assistant to Mrs. Hughes; as well as Mrs. Mary Speck, Hostess for the south end were in attendance. Mrs. Bergsma presented an overview of the activities of Welcome Wagon, which include welcoming newcomers to the City, babies at the hospital, and bridal parties. She advised that the organization employed 1200 hostesses across Canada. Mrs. Bergsma presented a Certificate of Appreciation to His Worship Mayor Smeaton, on the occasion of the Welcome Wagon's 60th Anniversary, in appreciation of the continued support of the officials, residents and businesses in the community. DEPUTATIONS CRFATION OF BUILDING LOTS THROUGH TESTAMFANTARY DEVISE: PD-90-66 - Chief Administrative Officer - Re: Creation of Building Lots Through Testamentary Devise. The Report provides background information regarding "testamentary devise", suggests that in order to prevent the creation of building lots by means of the testamentary devise and thus maintain viable farm sizes, the minimum lot sizes in the Willoughby and Crowland areas should be brought into conformity with By-law 79-200; and recommends that Council consider the contents of this report and direct Staff accordingly. - AND - Co~aunication No. 156 - Anne Griffin Re: Stanley/Lyons Creek. The communication requests permission to address Council regarding the continued use and abuse of the testamentary devise, On behalf of the Stanley Avenue south and Lyons Creek neighbourhood, Mrs. Anne Griffin expressed concern regarding the continued use and abuse of the testamentary devise to circumvent the Planning Act in rural areas, and avoid the objections of concerned citizens· She asked that Council pass legislation to deal with this problem, and consider favourably the recommendation on Report No, PD-90-66, ORDERED on the motion of Alderman HopkinS, seconded by Alderman Barrington, that the communication be received and filed, the report be received and adopted, and the matter be referred to Staff to prepare an amending by-law, and advertise a Public Meeting scheduled for June 11, 1990. The motion Carried with the following vote: -2 - AYE: Aldermen Campbell, Cnmmings, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherat and Ward. NAYE: Alderman Cowan. GLOBAL AWARENESS PROJECT: Mr. Garry Lemon, Teacher at A.N. Myer School and several students, wearing "Global Awareness" logo T-shirts, were welcomed to the meeting. Mr. Lemon advised that this school was unique to Niagara South in having a Global Awareness Project. He discussed the upcoming program scheduled for May 3rd and 4th, 1990, as well as environmental events and activities, and invited Council to attend. His Worship Mayor Smeaton expressed appreciation to Mr. Lemon and the students, and discussed the actions taken by Council in this regard. UNFINISHED BUSINESS ONTARIO SENIOR GA~S - 1992: R-90-12 - Chief Administrative Officer - Re: Ontario Senior Games - 1992. The report recommends that Council notify the Ontario Senior Games that Niagara Falls does not wish to host the Games in 1992, and suggests that the financial responsibilities of a host Municipality be explained in future correspondence. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 157 Tourism approve ORDERED request COM~flJNICATIONS - Regional Niagara Tourist Council - Re: Proclamation - "National Awareness Week" - May 14 - 20, 1990. The communication asks Council to the proclamation. on the motion of Alderman Orr, seconded by Alderman Cowan, that the be approved subject to established policy. Carried Unanimously. No. 158 "Canada approve ORDERED request - Greater Niagara General Hospital Foundation -Ret Proclamation - Health Day" - May 9th, 1990. The communication requests that Council the proclamation. on the motion of Alderman Orr, seconded by Alderman Cowan, that the be approved subject to established policy. Carried Unanimously. No. 159 -Mike Allen, Chairman, Shop Ontario - Re: Cross Border Shopping. The communication provides information regarding a newly-established Shop Ontario Committee to promote shopping in the Niagara Region, and requests support. It was moved by Alderman Harrington, seconded by Alderman Orr, that a letter of response be forwarded, indicating Council's support of the fox'motion of the group, and asking that the City be kept informed. Following a discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings, that the matter be tabled to invite the Shop Ontario Committee to make a presentation of its aims and objectives. The motion to table which took precedence Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cowan, Cummings, Harriagtnn, Hinsperger, Janvary, Orr, Puttick, Sherat and Ward. Aldermen Hendershot and Hopkins. No. 160 - Ministry of Municipal Affairs - Re: Re: Grant Request for Housing Studies. The communication advises that a grant has been approved for the study program. ORDERED on the motion of Alderman Sherat, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. - 3 - REPORTS B-90-19 - Chief Administrative Officer - Re: Site Plan Approval - Proposed blotel Addition Diplomat Motel; 5983 Stanley Avenue, A-93/89. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed motel building. and the site plan being drawing Number A-l, and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 18, 1990, and that such approval be subject to the conditions contained in the report, ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. ~arried Unanimou§ly. B-90-31 - Chief Administrative Officer - Re: 1990 Tender for Mowing of Private Lots and for Chemical Weed Control. The report recommends that the tender submitted by Niagara Commercial Cutting, for the mowing of private lots, be accepted. It was further recommended that the tender submitted by Chemlawn, St. Catharlnes, for chemical weed control be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman llinsperger, that the report be received and adopted. Carried Unanimously. B-90-32 - Chief Administrative Officer - Re: A By-law to Authorize a Parking Agreement; Niagara Imperial Motel Ltd., 5891 Victoria Avenue; C. of A. ~3/89. The report recommends that Council pass the by-law on tonight's agenda authorizing the City to enter into an agreement with the Niagara Imperial Motel Ltd. Mr. Dante MarineIll was in attendance and responded to concerns and questions raised regarding the condition of the property. He advised that he would discuss these concerns with his clients. It was moved by Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Following a discussion regarding the condition of the property, it was moved by Alderman Ward, seconded by Alderman Harrington, that the matter be tabled for one week. The motion to table which took precedence was Defeated with the following vote: AYE: Aldermen Cowan, Harrington, Hinsperger, Hopkins and Ward. NAYE: Aldermen Campbell, Cummings, Hendershot, Janvary, Orr, Puttick and Shetar. vote: The motion to receive and adopt the report Carried with the following AYE: NAYE: Aldermen Campbell, Cowan, Cummings, Rendershot, Hopkins, Janvary, Orr, Puttick and Sherat. Aldermen Harrington, Hinsperger and Ward. ~ee By-law No. 90-120. P1}-90-60 - Mayor's Committee on Housing - Re: Policies to Direct Conversion of Dwellings to Duplex Units. The report asks Council to recognize the ~mmediacy of the need for affordable rental housing, concur that conversion provides the most practical and immediate solution; and recommends that Council receive this report and remind Staff of the urgent need for these policies. ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Puttick, Sherar and Ward. NAYE: Aldermen Campbell and Cummings. PI)-90-68 - Chief Admini.strative Officer - Re: Review of Niagara-on-the-Lake Official Plan. The report recommends that the Ministry of Municipal Affairs be informed that the City of Niagara Falls has no objections to the approval of the Niagara-on-the-Lake Official Plan. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted· Carried Unanimously_. -4 - R-90-13 - Chief Administrative Officer - Re: Santa Claus Parade. The report recommends that Staff be authorized to investigate a three-way agreement with the Chippawa Lions Club, the Niagara Falls Canada, Visitor and Convention Bureau, and the City regarding the Annual Santa Claus Parade. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-90-10O - Chief Administrative Officer - Re: Tender for Asphalt, Stone and Concrete. The report recommends that the supply of the materials, listed in the report, be awarded as outlined, ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously, bIW-90-90 - Chief Administrative Officer - Re: 1990 New Equipment Purchases of City Vehicles. The report recommends that Staff be authorized to purchase various pieces of equipment described in Appendix "A" from bidders outlined, having a total value of $1,030,445.50. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. MW-90-74 - Chief Administrative Officer - Re: 1990 Tender for the Supply of Tires, Tubes & Repair Service - City Fleet. The report recommends that the tender for the supply of tires, tubes and repair service submitted by DeMol's Tire Sales & Service Limited, in the amount of $59,683.75, be accepted based on unit prices tendered. Alderman Campbell retired from the meeting. ORDERED on the motion of Atderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-90-24 - Chief Administrative officer - Re: Municipal Accounts. The report reconnnends that the accounts totalling $1,538,869.93, for the period ending April 30th, 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. 58183 because a member of his family is employed with the Company. Alderman 0rr declared a conflict of interest on Cheque No.758267 because she is employed by the Board. Additional information was provided on Cheque No. 58167. ORDERED on the motion of Alderman Cummings, seconded by Alde~an Cowan, that the report be received and adopted. The motion Carried with Aldermen Hinsperger and Orr abstaining from the vote on Cheque Nos. 58183 and 58267 respectively, on conflicts of interest previously recorded; and with all ethers voting in favour. Bee By-law No. 90-121. F-90-25 - Finance Committee - Re: Committee Reports. The report recommends the following: ]) Library Board - Statement of Revenue & Expenditure - -AND - Humane Society ~ Financial Statements - ~t is recommended that Council approve the Statements received from the Library Board and the Ilumane Society; 2) Ni,lgara Peninsula Industry Education Council - Contribution; It is recommended that a contribution of $50.00, requested from the Niagara Peninsula Industry Education Council be approved; - 5 - 3) FC-90-08, Source Ontario Reverse Trade Show - FC-90-09, Statement of Remuneration & Expenses - AND - FC-90-11, Establishment of Reserve for Stabilization/Contingencies - It is recommended that these reports be approved. Mill Rate ORDERED on the motion of Alderman Cummings, seconded by Aldermac Janvary, that the report be received and adopted. Carried Unanimously. Alderman Campbell returned to the meeting. CD-90-23 - Chief Administrative Officer - Re: Surplus Municipal Property; Lot 289A, Plan 3; North-east Corner of Main Street and Lament Avenue. The report recommends that Council authorize the sale of a small triangular parcel of property located at the north-east corner of Main Street and Lament Avenue to the owners of the Kingsbridge Inn, at the appraised value of $650,00, plus the cost of the appraisal, and survey costs iC a survey is required, and any legal costs of the Corporation; and that a one-foot reserve strip bc placed along the Lament Avenue frontage. The report further recommends that the purchasers be advised of the co~ents of the Buildings & Inspect~uns Department. that the subject lands are zoned (RIC) Residential Single-Family and a rezoning application may be required. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouSlyL CD-90-24 - Chief Administrative Officer - Re: Encroachments, Buttrey Avenue at 4303 River Road. The report recoramends that the application to pe~it the continuation of encroachments of a building upon the Buttrey Avenue road allowance be approved, subject to established policy, and the necessary by-law be enacted by the City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-118. 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. 90-118 - A by-law to allow the maintaining and using of a building which encroaches on Buttrey Street. 90-119 - A By-law to authorize the execution of a subdivision agreement with 687876 Ontario Limited and others respecting the Drummond Park Village Extension No. 4 Plan of Subdivision. ~o. 90-120 - A by-law to authorize the execution of an agreement with Niagara Imperial Motel Limited. No. 90-121 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington, Hinspcrger and Ward voting contrary on By-law No. 90-120 as previously recorded under Report No. B-98-32; with Aldermen Hinsperger and Orr abstaining from the vote on By-law No. 90-121, on conflicts of interest previously recorded under Report No. F-90-24; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 90-118 - A by-law to allow the maintaining and using of a building which encroaches on Buttrey Street. -6- No. 90-119 - A By-law to authorize the execution of a subdivision agreement with 687876 Ontario Limited and others respecting the Drununond Park Village Extension No. 4 Plan of Subdivision. 90-120 - A by-law to authorize the execution of an agreement with Niagara Imperial Motel Limited. No. 90-12l - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington, Hinsperger and Ward voting contrary on By-law No. 90-120 as previously recorded; with Aldermen Hinsperger and Orr abstaining from the vote on By-law No. 90-121, on conflicts of interest previously recorded; and with all others voting in favour. - 7 - ITEN OF INTEREST: Open House - Planning Department - Alderman Hcndershot referred to the recent Open House Dald by the Plaoning Department and offered congratulations to that Department. It was moved bV Alderman Orr. seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. NEW BUSINESS ITEMS OF CONCERN: Pit bulls - Alderman Cummings expressed concerns regarding pit bull terriers, advised that the City of Winnipeg had instituted a by-law ~n this respect, and asked that the matter be referred to Staff to investigate, obtain a copy of the Winnipeg by- law, comraents from the Humane Society, and submit a report. READ AND ADOPTED, Parking - Niagara Falls Arena - Alderman Cummings discussed the matter of parking at the Niagara Falls Memorial Arena, referred to the decision made by Council that the City operate the parking lot this year with an electronic control gate, rather than the Niagara Falls Thunder Club. He stated that the hockey club was still interested in operating the parking lot and requested a report on this matter. The Chief Administrative Officer advised that a report would be submitted at an early date. Kalar Road/Coventry Park - Alderman Harrington referred to the Coventry Park development, 120 townhouses at Kalar Road, and invited Council to visit the project. Alderman Hopkins declared a conflict of interest because ~is employer has a business relationship. Buffalo News Item - Alderman Harrington referred to the news item published recently in the Buffalo newspaper, and referred to at the last meeting of Council. She expressed the opinion that Council should not take an active part in replying to the article, and further, that future development in the City should have environmental assessment. Hditorial/Hamilton Spectator/Hamilton Wentworth School Board Increase - Alderman Puttick referred to a recent news article in the Hamilton Spectator which discussed the increase for School Board taxes in the Hamilton Wentworth area, and asked that members of Council receive a copy of the item. He requested that the City Treasurer investigate the possibility of the School Board taxes being rod-lettered on the tax bills. St, Catharines Standard/Regional Budget - Alderman Puttick initiated a discussion with regard to the proposed Regional Municipality of Niagara budget, and the Regional Staff complement, and suggested that Council members should be alert to the reason for increased Staff. Whole. EIGHTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room May 7, 1990 Council met on Monday, May 7th, 1990, at 7:00 p,m. in Committee of the All members of Council, with the exception of Alderman Campbell who was attending the Ontario Traffic Conference, were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers May 7, 1990 Council met on Monday:, May 7th, 1990, at 7:30 p.m. for the perpose of considering regular business. All members of Council, with the exception of Alderman Campbell whe was attending the Ontario Traffic Conference, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hendershot offered the opening prayer. ADOPTION OF MINUTES Alderman Puttick referred to Report B-90-32 and expressed appreciation of the action which had been taken to clean up the rear yard of the property at 5891 Victoria Avenue. ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherar, that the minutes of the meeting held May 7th, 1990, be received and adopted. Carried Unanimously. SPECIAL MEETING - OPEN HOUSE Report No. PD-90-72 - Chief Administrative Officer - Re: Official Plan Review - Open House, 1990 04 26. The report recommends the following: 1) That Council receive and file this report for infom~ation; and 2) That Council pass a resolution that there is a need for a revision of the Official Plan, following the Special Meeting on this matter. - A~D - Communication No. 161 - J. Merani - Re: City of Niagara Falls Special Meeting May 7, 1990 to Consider the Future of the City. The communication submits the following items for consideration: Gambling in this City or support of gambling in Niagara Falls New York; Control on Hotel/Motel Development; Dependency on Tourism Alone is Very Risky; Experimentation for the Year-Round School Year could hurt the tourist industry; Dependency on Tourism as a Major Source of Employment is very Risky; More Affordable Housing Should be Available for Low & Middle- Income Families. The Policy Project Planner reviewed a slide presentation and summary of the Open House Meeting respecting the Official Plan which was held April 1990, and included comments from Staff and interested citizens. - 2- The following citizens were in attendance to present comments regarding the Official Plan Review: Ernie & Karen Chariron, 9327 Ridge Road, Welland; Ehonda Vilatel-Lamment, 5017 Victoria Avenue; Tony Pietrangelo, 4881 Stamford Street; Diane Adams, RoR. #4, Welland; Shirley Koudys, R.R. #1, Port Robinson; Harry Yochim, R.R. #4, Welland; Harry Lyon, 5737 Montrose Road; Mrs. Shirley Fisher, 6460 Amnstrong Drive; Sharon Sterling, Grassybrook Road, and others. They discussed the following concerns: agricultural land which is not viable and should be severed; the need for a range of housing which would be accessible, affordable, adequate and appropriate to the needs of a full range of households; as well as planning policies and standards to enable at least 25% of new residential units resulting from new residential development, residential intensification, infill and redevelopment to be affordable housing. It was pointed out that it was the farmer who saves the farm by long hours of labour, a large financial outlay for equipment, and that a large amount of good land was required to do so. The Planning & Development Director responded to questions raised with respect to the Regional and City of Niagara Falls policy plans, the severance ~f 40-acres, and an upcoming report regarding viable vs. non-viable farmland. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hinsperger, that the.'feport~be'rdceived and adopted. Carried Unanimously ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff and the Official Plan for a review. The motion Carried with the following vote: AYE: NAYE: Aldermen Cowan, Cummings, Herrington, Hendershot, Hinsperger, Hopkins, Orr, Puttick, Sherat and Ward. Alderman Janvary. DEPUTATION CITY OF TROROLD, NON-CONFORI'.flTY Slq, IDY; KNOB HILL F~ PRO[:~)SAL: Communication No. 162 - D. Landry, IMC Consulting Group Inc. - Re: City of Thorold, Non-Conformity Study; Knob 1till Farms Proposal by Sevendon Holdings Limited. The communication attaches the Study by Sevendon Holdings Limited, including supporting documentation on behalf of Mr. Frank Commisso who has major concerns regarding the proposal, and requests permission to address Council. Mr. Dennis Landry, IMC Consulting Group attended the meeting. Alderman Ward declared a conflict of interest because be has a business relationship with F. Commisso who is involved with the proposal.' Following a brief discussion, it was moved by Alderman Hopkins, seconded by Alderman Cowan, that the matter be referred to Staff for a review subsequent to the presentation by the applicant to the Regional Committee, and submission of a report at that time, if necessary. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. COPR4UNICATIONS No. 163 - Niagara Transit - Re: Bus Replacement. The communication attaches an equipment roster, which itemizes Vehicle Licence Data on all vehicleslowned by Niagara Transit; the proposed Bus Replacement Schedule, for the consideration of Council and approval in principle subject to funding availability. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the communication be received and the request approved in principle. Carried Unanimously. No. 164 - Regional Niagara Public Works D~partment - Re: Water/Sewage Flows by Municipality, Monthly Report for March 1990. The communication attaches Report DEP-3096 .for the information of Council. 3 ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, communication be received and filed. Carried Unanimously. that the No. 165 - Regional Niagara Planning & Development Department - Re: Regional Follow-Up to the Agricultural Brief: "Preserving Niagara's Agricultural Industry". The communication attaches Report DPD 2726 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 166 - Niagara Falls Men's Fastball Association - Re: Annual Tourney - July 12th to 15th, 1990, Ker Park. The communication requests a Special Occasion Permit for the event, ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Falls Men's Fastball Association in conjunction with its Annual Tourney, to be held July 12th, 13th, 14tb, and 15th, 1990, at Kcr Park, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 167 - Chippawa Merchants Jr. "C" Hockey Club - Re: Anoual SIc-Pitch Tourney - August 16th to Aogust 19th, 1990, Lion's Hall, Chippawa. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council ~ndicate it has no objection to the issuance of a Special Occasion Pe~it to the Chippawa Merchants Jr. "C" Merchants Hockey Club in conjunction with its Annual Slo-Pitch Tourney, to be held August 16th, 17th, 18tb and 19th, 1990, at Lion's Hall, Chippawa, 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 R-90-15 - Chief Administrative Officer - Re: Amendment to By-law No. 89-11, Schedule "A" - Cemetery Rates. The report recommends that Council approve the by-law appearing on this evening's agenda to amend the cemetery rates indicated in Schedule "A" of By-law 89-11. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-124. HE-90-13 - Chief Administrative Officer - Re: Non~Union Benefit By-law. The report recommends that the by-law appearing on tonight's agenda respecting sick leave, pensions and other benefits for non-union employees be adopted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-123. B-90-33 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for April 1990. The report provides information regarding Permits Issued and Highlights for April 1990, as well as May Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PD-90-73 - Chief Administrative Officer - Re: Removal of Niagara Escarpment Development Control for Areas Outside of the Approved Plan Area. The report recommends that Council pass a resolution informing the Niagara Escarpment Commission that the City of Niagara Falls has no objection to the lifting of N.E.C. development control from the subject area situated outside of the approved Niagara Escarpment Plan area north of Mountain Road as illustrated on the attached map. - 4 - ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See Resolution No. PD-90-75 - Environmental Planning & Greening Committee - Re: Niagara Falls Environment Award. The report recommends the following: l) That Council be advised that the Environmental Planning & Greening Committee recommend A1 and Penny Oleksuik, members of the Canadians for a Clean Environment, be named as recipients of the Niagara Falls Environment Award; and 2) That the name of the recipients of the Niagara Falls Environment Award be submitted to the Region as a nominee for the Region of Niagara Environment -Award. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-90-99 - Chief Administrative Officer - Re: Quotation for Tree Tri~ning & Insect Control. The report recommends the following: 1) That Davey Tree Experts be retained at a price of $76.00 per hour for tree trirmning services; and 2) That Davey Tree Experts be retained at a cost of $88.00 per hour for the spraying of gypsy moth and other tree infested insects. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-90-106 - Chief Administrative Officer - Re: Dust Control. The report recommends that Staff be authorized to purchase 220 tonnes of liquid calcium chloride at a cost of $267.80 per tonne. It is further recommended that Staff be authorized to purchase approximately 240,000 litres of Tembind, at a cost of $.118 per litre from Proviro Systems. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-108 - Chief Administrative Officer - Re: Pre-Servicing Agreement For the Mount Carmel Extension II Subdivision. The report recommends that the Pre- ServicingAgreement for the above noted subdivision be approved (copy attached). ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-90-110 - Business Park Committee - Re: Ontario Land Surveyor Agreement for Montrose Business Park. The report recommends that Council authorize the execution of a Surveying ServicesAgreement with Matthews & Cameron Ltd. to carry out survey works at the Montrose Business Park as per the attached map. Aldermen Cummings and Sherar declared conflicts of interest because their employer is involved in the program. 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 all others voting in favour. MW-90-111 (HANDOUT) ~ Municipal Works Comittee - Re: Committee Report: Extension of the Dorchester Road Sewer Repair Contract R.0.S. 18-89, to Include Sewer. Repairs from Pinedale Drive Southerly for One Sewer Section. The -5 - report recommends that Contract R.O.S. 18-19 with Underground Services (1983) Limited be extended in the amount of $100,000.OO to carry out sewer repairs on Dorchester Road from Pinedale Drive southerly 102 metres (~ 336 feet) to the next downstream manhole. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-90-26 - Chief Administrative Officer - Re: 1990 Current Budget (City Portion). The report recommends that Council approve the 1990 Current Budget, City Portion only. It was moved by Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that a grant in the amount of $10,500.00 be approved for the Distress Centre of St. Catharines Inc. The motion Carried with the following vote: AYE: Aldermen Harrington, Hendershot, Hinsperger, Janvary, Orr and Puttick. NAYE: Aldermen Cowan, Cummings, Hopkins, Sherar and Ward. It was moved by Alderman Puttick, seconded by Alderman Orr, that the motion to approve the budget be amended to include that funding for the Economic Development Agency be granted on a monthly bas~s and the balance held for further consideration. The motion was Defeated with the following vote: AYE: Aldermen Cowan, Orr, Puttick and Sherar. NAYE: Aldermen Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, and Ward. The original motion to receive and adopt the report, subject to the grant to the Distress Centre of St. Catharines Inc. was approved. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Shetar and Ward. NAYE: Aldermen Orr and Puttick. F~90-27 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $576,509.38, for the period ending May 7th, 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. 58344 and 58345 because a member of his family is employed by the Company. Alderman Orr declared a conflict of interest on Cheque No. 58430 because she is employed by the College. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 58344 and 58345 on conflicts of interest previously recorded, and Alderman Orr abstaining from the vote on Cheque No. 58430 on a conflict of interest previously recorded; and with all others voting in fayour. See By-law No. 90-125. F-90~28 - Finance Committee - Re: 1990 Parking Budget. The report recommends that Council adopt the 1990 Parking Budget. During the discussion it was noted that the formerly requested report on parking at the Niagara Falls Memorial Arena would be submitted at the next meeting of Council. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. CD-90-25 - Chief Administrative Officer - Re: Schedule of Council & Planning Meetings and Holidays, July through December 1, 1990. The report recommends that Council approve the schedule of Council and Planning Meetings for July through December 1990, as outlined on the attached calendar. ORDERED on the motion of Alderman C~nmings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-90-26 - Chief Administrative Officer - Re: AM-22/89, Restricted Area By-law 90-81;AM-32/89, Restricted Area By-law 90-82; Hospitality Motels Limited, River Road, Ferguson Street, Glenview Avenue. The report recommends that Council reaffirm its approval of By-law 90-81 and By-law 90-82, in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the By- law and letters of objection to the Board with the request for a hearing. Alderman Hopkins declared a conflict of interest because a member of his family has a business relationship with the applicant. Alderman Orr declared a conflict of interest because a member of her family is objecting to the proposal. ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Hopkins and Orr abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, Cummings, Hendershot, Ward. NAYE: Aldermen Harrington and Janvary. Hinsperger, Puttick, $herar and RESOLUTION No. 36 - HOPKINS - COWAN - RESOLVED that the Niagara Escarpment Commission be informed that the City of Niagara Falls has no objection to the lifting of Niagara Escarpment Commission development control from the subject area, situated outside of the approved Niagara Escarpment Plan area, north of Mountain Road, as illustrated on the attached map; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. 37 - CU~INGS - HINSPF~RGER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes and directs the establishment of a reserve for mill rate stabilization and contingencies +n the amount of $400,000.00 for 1989; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-122 - A by-law to amend By-law No. 79-200, as amended. (AM-23/89 Louie Buordolone, NW Corner Mountain Rd. & Portage Rd.; Report PD-90-09 approved by Council January 15/90). No. 90-123 - A by-law respecting sick leave, pensions and other benefits for employees. No. 90-124 - A by-law to amend By-law No. 87-87, being a by-law regarding cemeteries. No. 90-125 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Orr abstaining from the vote on By-law No. 90-125, on conflicts of interest previously recorded under Report F- 90-27; and with all others voting in favour. ORDERED on the motion of Alderman Cunm~ings, seconded by Alderman Cowan, that the following by-laws be now read a second and third time: No. 90-122 - A by-law to amend By-law No. 79-200, as amended. (AM-23/89 Looje Buordolone, NW Corner Mountain Rd. & Portage Rd.; Report PD-90-09 approved by Council January 15/90). No. 90-123 - A by-law respecting sick leave, pensions and other benefits fo~' employees° No. 90-124 - A by-law to amend By-law No. 87-87, being a by-law regarding cemeteries. No. 90-125 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Orr abstaining from the vote oo By-law No. 90-125, on conflicts of interest previously recorded; and with all others voting ~n favour. NEW BUSINESS ITEMS OF INTEREST: Premier Pe~e~sOn ~ Proclamation - The Chief Administrative Officer referred to the Handout letter from Premier Peterson requesting that Council proclaim the week of May 13 - 21, 1990 as "Arrive Alive - Drive Sober" week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the request be approved subject to established policy. Carried Unanimously. Deputy City Clerk/A.M.C.T. Certificate - The Deputy City Clerk, Mr. Gary Atack, was congratulatod on recently receiving his AMCT Certificate. Alderman Herrington discussed the following item: Fire Hall Theatre renovations; Norton Company; St. Paul Street Group Home; Global Awareness at A.N. Myer Secondary School; and Regional Advisory Housing Committee. She asked that the Questionnaire in the Handout folders with respect to affordable housing be completed prior to the next meeting of the Housing Committee. Niagara Falls Environment Award - Alderman Hendershot suggested that the Award to A1 and Penny Oleksuik introduced at the Niagara River Public Advisory Committee meeting. be Blossom Festival Events - Alderman Cummings discussed the Blossom Festival events held last week-end in the City, the Parade; as well as the events held Saturday evening at the Arena. He referred to the importance of the Parade to the entrants from the U.S., and stated that the Parade had been televised live for the first time. His Worship Committee, and all Festival. Mayor Smeaton congratulated Alderman Cummings and his those who had participated in the success of the Blossom ITEMS OF CONCRRN: Condition - Dorchester Road - Alderman Cummings asked that the condition of Dorchester Road be investigated and interim repairs be made tomorrow. 8 crossing Guards for Schools - Alderman Cummings referred to the possibility of instituting orange pylons on school crossings throughout the City. He advised that a compasy had offered tp supply the pylons with the company name on each. Alderman Cummings asked that this item be referred to the Parking Committee and Staff for comments. Chippawa Celebration-Portage Road - Alderman Janvary initiated a discussion regarding 200th Celebration of Portage Road in Chippawa. His Worship Mayor Smeaton advised that the Chippawa Business Association was planning a Celebration and would require funding· He suggested that this matter should be referred to the next meeting of the Finance Committee. It was moved by Alderman Cummings, seconded by Alderman Shetar, that the meeting adjourn. Carried Unanimo READ AND ADOPTED, E.C. WAGG, CITY NINETEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 May 14, 1990 Council met on Monday, May 14th, 1990, at 5:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cowan who was absent on business, and Alderman Harrington who was attending a Housing Conference, were present. Alderman Campbell presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, · . . E.C. WAGG, CITY CL PLANNING/REGULAR MEETING Council Chambers May 14, 1990 Council met on Monday, May 14tb, 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 Cowan who was absent on business, and Alderman Harrington who was attending a Housing Conference, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES Alderman Campbell who was absent from the Council Meeting held May 7th, 1990, declared a conflict of interest with respect to Report No. F-90-27, Cheque No. 58327 because the organization is a client. Alderman Hopkins requested that the minutes of the meeting held May 7th, 1990 be amended to indicate that he had declared a conflict of interest under Report No. CD-90-26 because a member of his family has a business relationship. ORDERED on the motion of Alderman Cummings, seconded Hinsperger, that the minutes of the meeting held May 7th, 1990, amended. Carried Unanimously. by Alderman be adopted as PRESENTATIONS VOLUNTEER OF THE YHj~R AWARDS; Mrs. Janice Wiggins, President, and Lynne Savage, Executive Director of the Volunteer Bureau, were in attendance. Mrs. Wiggins presented a brief overview of the activities of the Bureau. Mrs, Lynne Savage advised that Michello Cooper, Volunteer Youth award winner had been unable to attend the meeting because of illness. She introduced the following recipients of the Volunteer of the Year Awards: Jennie Russell, Volunteer Citizen; A1Morellato, Chairman of the Advisory Committee of Project S.H.A.R.E., Volunteer Group; and Co-op Executive members, Donna Eberhardt, Rona Bissonette, Sandy Strohbach and Ellen Joseph. REPORTS - PLANNING MATTERS PD-90-71 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 10/90, Orsini Bros. Inns Inc.; Pt. 8, Plan 59R-2982, Lundy+s .Lane. The report recommends the following{ -2- That Council support the zoning amendment application to permit the lands to be used for the purpose of providing surplus parking in conjunction with the Ramada (Coral Suites) Hotel and that the proposed Parking Zoning be limited to the northerly limit of the adjacent hotel site; 2) That the lands be placed under Site Plan Control to address grading, lighting, landscaping, etc., and that Staff be directed to prepare the amending by-laws for enactment at a subsequent Council meeting; and That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the procedure to be followed under the Planning Act, 1983. 'The Clerk advised that the Notices of the Public Meeting were forwarded by p~pa~d f~rs~".c~s mail on April 12th, 1990, 32 days ago. His Worship Mayor Smeaton noted that Mr. John Broderick, Solicitor, and Mr. Orsini, the applicant, were in attendance; received a negative response to his request for a show of hands indicating the presence of persons interested in the application; and asked that all persons wishing to receive further notice regarding the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-67: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review; and Site Plan Review. He responded to questions raised regarding the subject land being leased from the Ministry of Transportation. There was a negative response to Mayor Smeatonfs request for comments from persons, other than the applicant and his agent, who were in support of the application, and from those opposed to the application. Mr. Bredcrick advised that he had no additional information to present. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed, ORDERED on the motion of Alderman err, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously, PD-90-?4 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM-9/90, A. & L. Bonato, Bonato Estates Plan of Subdivision; Part of Township Lot 36; St. Paul Avenue. The report recommends the following: 1) That Council support the Zoning By-law amendment application for the Bonato Estates Plan of Subdivision, including the change proposed to the provisions which regulate the minimum building setbacks applying only to Lot I of the plan; That Staff be directed to prepare the amending by-law for enactment at a subsequent Council meeting; and That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure to be followed under the Planning Act, 1983, would be similar to the preceding application. The Clerk advised that the Notices of the Public Meeting wore forwarded by first class mail on April 12th, 1990. His Worship Mayor Smeaton received indication that Andrew Cameron, O.L.So, Was in attendance on behalf of the applicant, received a negative response to his request for a show of hands indicating the presence of persons interested in the application, and asked that all persons wishing to receive further notice regarding the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-65: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review and Analysis. His Worship Mayor Smearon received a negative response to his request for comments from persons, other than the applicant or his agent, in favour of, and those opposed to the application. Mr. Cameron expressed willingness to respond to questions raised. A brief discussion was held with regard to the source of potable water, the responsibility for cleaning of roadways within subdivisions and charge back policy if cleaned up by the City. The Chief Administrative Officer advised that the requested information regarding clean-up would be forwarded to Alderman Puttick. 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 Janvary, that the report be received and adopted. Carried Unanimously. PD-90-76 - Chief Administrative Officer Re: Zoning By-law Amendment Application AM-8/90, Paul J. Hartman; 6714 Thorold Stone Road. The report recommends the following: 1) That Council support the zoning amendment application to permit the use of the property as a single or two-family residence which, once zoned, will permit a home occupation; 2) That the applicant dedicate any required road widening strip to the Regional Municipality of Niagara along the property's full frontage on Thorold Stone Road (Regional Road 57); 3) That the applicant deposit the monies required for the construction of a sidewalk across the property's full frontage along Thorold Stone Road and provide a site plan for approval to the satisfaction of the City's Municipal Works Department prior to the issuance of any building permit; 4~ That Staff be directed to prepare the amending by-law for enactment at a subsequent Council meeting; and 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure would be similar to the preceding application. The Clerk advised that the Notices of the Public Meeting were forwarded by first class mail on April 12, 1990. His Worship Mayor Smeaton noted that Paul J. Hartman, applicant, and his agent Rick Brady, Proctor & Redfern, were in attendance; received a negative response to his request for a show of hands indicating the presence of persons interested in the application; and asked that all persons wishing to receive further notice regarding the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-69: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Uses; Comments from the Public Notification Process; and Planning Review ..... 4 -4- His Worship Mayor Smeaton received a negative response to his request for co~nents from persons, other than the applicant or his agent, in fayour of, and those opposed to the application. Mr. Brady stated that the main purpose of the zoning by-law amendment was to permit a non-conforming use to be changed to R2 zoning and permit the use of the property as a single or two-family residence, a legal use. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PD-90-77 Chief Administrative Officer - Re: Official Plan Amendment Applications; O.P.A. No, 191 and O.P.A. No. 192, Nabisco Brands Properties, Nabisco Brands Canada Incorporated; 5651, 5659 & 5700 Lewis Avenue. The report recommends the following: 1) That Council maintain the City's current long range vision for the Queen victoria Park Tourist Commercial District and continue to exercise discretion in phasing tourist commercial development in this area; and That Council not amend the City's Official Plan by redesignating the subject lands from Tourist Commercial to Industrial. - AND - Connnunication No. 168A- Dennis A. Trinaistich, Solicitor, McMillan Binch - Re: O.P.A. 191 - Nabisco Brands Ltd., and O.P.A. 192 - Nabisco Brands Canada Ltd. The communication requests that the matter be deferred in order to provide a proper opportunity for preparation and attendance at the meeting. - AND - Conmnunication No. 168B - R. Ludolph, Plant Manager, Nabisco Brands - Re: O.P.A. 191 and O.P,A. 192. The communication invites members of Council to a plant tour of the Nabisco Brands cereal plant on May 29th, 1990. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure would be similar to the preceding application. The Clerk advised that the a Notice regarding the Public Meeting had been published in the local newspaper on Saturday, April 14th, 1990, 30 days ago. His Worship Mayor Smeaton noted that the applicantswas not represented at the meeting; received indication that Mrs. Janet Bruck, Empire Motel, was in attendance. He asked that all persons wishing to receive further notice regarding the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. A brief discussion was held regarding the Mr. Trinaistich's statement that Notice of the Public Meeting had not been received. Council was'advised that the notice was forwarded. The Director of Planning & Development advised that he had been in contact with the Solicitor for Nabisco who indicated that Notice had not been received, and that further discussion was desirable. He suggested that the matter be deferred. It was suggested by Alderman Ward that comments be received from the Economic Development Agency. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the matter be tabled. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that Communication No. 168B be received and filed. Carried Unanimously. PD-90-78 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lot 67 - Pamela Drive (7863/7861); West Meadow Subdivision (Registered Plan M-129). The report recommends that the request from Rends Electric Ltd. c.o.b. Welcome Homes, to exempt from Part Lot Control Lot 67, Registered Plan M-129, be approved, and that Council pass the appropriate by- law to designate the lands as exempt from Part Lot Control, ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD-90-79 - Chief Administrative Officer - Re: The report provides ~nformation regarding the condominium ownership and approval process, and recommends that this report be received and filed for informational purposes. His Worship Mayor Smeaton expressed appreciation to Staff for their efforts regarding this matter. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS ALLOCATION OF BINGO EVENTS WITHIN APPROVtD BINGO CALENDAR: Report No. CD-90-28 - Chief Administrative Officer - Re: Allocation of Biugo Events within Approved Bingo Calendar. The report recommends the following: 1) That the temporary bingo time slots assigned to currently licensed organizations (the Canadian Council for the Blind Bowlers, Club Italia, St. Ann's Church and Stamford Skating Club), created by the suspension of St. Matthews Cathedral be made permanent; That St. Matthew's Cathedral, should they wish to apply to enter the bingo market, be treated as a new applicant desiring to enter the bingo market, and be processed through the approval and waiting list requirements. Aldermen Cummings and Hopkins declared conflicts of interest because they are involved in organizations which conduct hinges. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Cummings and Hopkins abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. POLICY FOR VERIFICATION OF BINGOS: Report No. CD-90-29 - Chief Administrative Officer - Re: Policy for Verification of Bingos. The report recommends that, where a bingo hall has the facilities to verify winning bingos under the closed circuit camera, effective July 1, 1990, all winning bingo cards are to be verified under the closed circuit camera, regardless of the value of prizes. Aldermen Cummings and Hopkins declared conflicts of interest because they are involved in organizations which conduct hinges. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Cummings and Hopkins abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. COMMUNICATIONS No. 169 -Marcel Danis, Fitness Canada - Re: Proclamation. The con~unication requests that the week of May 25th to June 3rd, 1990 be proclaimed "Canada's Fitweek". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. !?O - Minister of Con~nunity & Social Provincial-Municipal Social Services Review. PMSSR report for consideration. Services Re: Report of the The communication attaches the · 6 -6- ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the communication be referred to the Social Planning Council for comments. Carried Unanimously° No. 171 - The Corporation of the City of Chatham - Re: Use of Refillable Soft Drink Beverage Containers. The communication requests Council to endorse a resolution to the Province of Ontario asking that the current minimum requirements relating to the use of refillable soft drink beverage containers, be maintained. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the communication be referred to the Waste Management Sub-Committee for comments. Carried Unanimously. No. 172 - The Corporation of the City of Brampton - Re: Postal Kiosks. The communication requests that Council endorse a resolution that only door-to-door mail. delivery be accepted, and rejection of all other forms of mail pickup. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 173 - Ray Trottier. Director, Kinsmen Club of Niggara Falls - Re: Sale of Fireworks. The communications requests permission to sell fireworks from May 14th to 19th, 1990, at the Dow Plaza. - AND - Report No. B-90-38 (HANDOUT) - Chief Administrative Officer ~ Re: Kinsmen Club of Niagara Falls Selling of Fireworks, Jack Dow Plaza, Thorold Stone Road. The report recommends that Council approve the request from the Niagara Falls Kinsmen Club to permit the retail sale of fireworks for a period of one week commencing May 15, 1990. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger , that the communication be received and filed, and the report be received and adopted. Carried Unanimously. No. 174 - Daryle Somerville, Niagara Falls Cataracts Tournament Co~nittee, Niagara Falls Cataracts Oldtimers Hockey Association - Re: Sic-Pitch Tournament - July 13 - 15, 1990, Chippawa Lions Hall. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Falls Cataracts Oldtimers Hockey Association in conjunction with the its Sic-Pitch Tournament to be held July 13th, 14th aUd 15th, 1990, at the Chippawa Lions Hall, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 175 - Margaret Szoke, Niagara Peninsula Canadian Hungarian Cultural Sport Club - Re: Picnic - June 24th, 1990, Arpad Hall. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Peninsula Canadian Hungarian Cultural Sport Club in conjunction with the its Picnic to be held June 24th, 1990, at the Arpad Hall and Grounds, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 176 - Benny Trendle, President, Willoughby Volunteer Fire Department - Re: Annual Carnival - July 21, 1990, Firehall Grounds, 11208 Sodom Road· The communication requests a Special Occasion Permit for the event· ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Willoughby Volunteer Fire Department in conjunction with the its Annual.Carnival to be held July 21st, 1990, at the Fireball grounds, 11208 Sodom - 7 - Road, 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. 177 (HANDOUT) - Mrs. Ellmen Gallen, President of Parents Association, 2835 Royal Canadian Army Cadets - Re: Jack Bell Arena Rental Fee - Annual Inspection. The communication asks Council to waive the rental fee for the Jack Bell Arena on May 26th, 1990, for the Annual Army Cadet Inspection. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that a grant of $300.00 be approved in lieu of waiving the rental fee. Carried Unanimously. No. 178 (~L~NDOUT) - Regional Niagara Public Works Department - Re: Bed Push - May 26, 1990 at Niagara Falls, St. Catharines, Lincoln and Grimshy. The communication requests permission to hold the Bed Push. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Ward, that tbc request be approved, Carried Unanimously. No. 179 (ItANDOUT) - Joyce Schefold - Re: 200th Anniversary of Portage Road, Historic Village of Chippawa. The communication asks Council to approve a grant in the amount of $1,655.00 as financial assistance for the 2OOth Anniversary Celebration of Portage Road, and attaches a communication from the Niagara Falls Heritage Foundation, requesting funding in the amount of $800.00, as financial assistance for the scheduled June 2nd, 1990 church service to commemorate the event. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that a grant in the amount of $2,500.00, for the two events, be approved. Carried Unanimously. REPORTS CD-90-27 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision, "Mount Forest Condominium Subdivision"; Pile No. 26-CD-89006(1); Owner: 642217 Ontario Ltd., Mr. Herman Damore, President. The report recommends that the Mount Forest Condominium Subdivision be approved subject to the conditions enumerated in tb~s report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. CD-90-30 - Chief Administrative Officer - Re: Disposal of Part of Unopened Boundary Road Allowance. The report recommends that Conncil authorize Staff to proceed with the closing and sale of an unopened road allowance between Stamford Gore Lot 9 and Township of Niagara Lot 139, located between Warnet Road and the Queen Elizabeth Highway immediately north of the Canadian National Railway, to the abutting owners, a Mr. & Mrs. Kevin Brady. The said lands to be sold for the appraised value of $1,216.00 plus all legal and surveying costs where applicable. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. CD-90-ll - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Belleview Estates Subdivision - Modification to Draft Plan; File No., 26T-87009; Owners: 800460 Ontario Ltd., c/o Darel Properties, formerly Petar Radojcic in Trust. The report recommends that the Regional Municipality of Niagara be advised that the proposed modifications to the draft plan for the Belleview Estates Subdivision, which will provide for the development of a plan containing 54 single family lots, and adjustment to a street alignment, as shown on a plan modified as of April 3rd, 1990, is acceptable to the City subject to the additional and amended conditions enumerated herein. ORDERED on the motion of Alderman Cummings, seconded by Aldel~an Sherat, that the report be received and adopted, Carried Unanimously. - 8 - R-90-14 - Chief Administrative Officer - Re: Downtown Board of Management - Antique Car Show. The report recommends that Council approve the request of the Downtown Board of Management to hold the Antique Car Show, Saturday, August 4th, 1990, with the following conditions: 1) 2) 3) 4) that the report be received and adopted. That Council has no objection to the Special Occasion Permit; Providing that the event meets all requirements from all other authorities; That a copy of the liability insurance indicating coverage for the City of Niagara Falls is presented to City Staff prior to the event; That Queen Street from victoria Avenue to Erie Avenue and all respective side streets be closed from 9:00 a.m. to 7:00 p.m., Saturday, August 4th, 1990, and that the temporary road closing by-law appearing later on this evening's agenda be approved. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, Carried Unanimously. R-90-16 - Recreation Conmission - Re: Sumner Ice Schedule. The report recommends that the attached schedule, for the use of summer ice hours at the Stamford Memorial Arena, be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. R-90-17 - Chief Administrative Officer - Re: Arts and Cultural Committee - Appointments. The report recommends that Council approve the formation of an Arts and Cultural Committee and that appointments to this committee be selected from the attached list of volunteers. Alderman Sherar suggested that only two representatives of the Niagara District Art Association be included on the Committee, and offered to act on the Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherar, that the report be received and adopted and Alderman Sherat represent Council. Carried Unanimously. R-90-18 Parade, request May 19, - Chief Administrative Officer - Re: 53rd Annual Pilgrimage of 40 & 8 Saturday, May 19, 1990. The report recommends that Council approve the of the Royal Canadian Legion Branch 51, as per attached letter, Saturday, 1990, with the following conditions: I) That a copy of the liability insurance indicating coverage for the City of Niagara Falls is presented to City Staff; 2) Providing that the event meets all requirements from all other authorities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. R-90-19 - Chief Administrative Officer - Re: Royal Canadian Legion Branch 51 Parade - June 3, 1990. The report recommends that Council approve the recommendation of the Royal Canadian Legion, Branch 51 Parade, Sunday, June 3, 1990 (per attached letter) with the following conditions: l) That the event meet all requirements from all other authorities; 2) That a copy of the liability insurance indicating coverage for the City 'of Niagara Falls be presented to City Staff prior to the event, -9 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. 1) 2) the report be received and adopted. R-90-20 - Chief Administrative Officer - Re: Knights of Columbus Parade - Saturday, June 9, 1990. The report recommends that Council approve the request of the Knights of Columbus Parade on Saturday, June 9, 1990 (per attached letter) with the following conditions: That a copy of the liability insurance policy indicating coverage for the City of Niagara Falls is presented to City Staff; That the event meets all the requirements of all other authorities. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that Carried Unanimously. B-90-35 - Chief Administrative Officer - Re: Sign Applications; Sheraton - 6755 Cakes Drive. The report recommends that City Council approve two applications for wall signs, each having a combined area of 362 square feet, for the Sheraton Hotel on the east and west side of the building, on Cakes Drive. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergcr, that the report be received and adopted. Carried Unanimously. B-90-37 - Chief Administrative Officer - Re: Steam Heating System - Niagara Falls Arena. The report recommends that the following information, in response to Council's query concerning increased steam heating costs for the Niagara Falls Memorial Arena, be received and filed for future consideration. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimou~+y. MW-90-82 - Chief Administrative Officer - Re: Consulting Services Agreement with Matthews & Cameron Limited for the Installation of Vertical Control Benchmarks. The report recommends that the by-law appearing on tonight's agenda, authorizing the Mayor and Clerk to execute the Consulting Services Agreement with Matthews &'Cameron Limited in the amount of $35,000.00, be approved. Following a discussion regarding rear yard drainage, it was suggested that the matter be referred to Staff for a full review. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Shetar and Ward. NAYE: Alderman Puttick. See By-law No. 90-129. MW-90-107 - Chief Administrative Officer - Re: Municipal Parking Lot #16 (Niagara Falls Arena); Municipal Parking Lot #4 (Ellen Avenue); Municipal Parking Lot #2A (Park Street and Erie Avenue); Pay and Display Machines. The report recommends the following: 1) That Municipal Avenue) and Lot Pay and Display Parking Lot #16 (Niagara Falls Arena), Lot #4 (Ellen #2A (Park Street and Erie Avenue) all be equipped with Machines; 2) That Staff be authorized to purchase the three (3) Pay and Display Machines, at an approximate total cost of $45,000.00 ($15,000.00 each). It was moved by Alderman Cummings, seconded by Alderman Hendershot, that Municipal Parking Lot #16 be excluded from the recommendations, and that the Niagara Falls Thunder be authorized to oversee the parking at the Niagara Falls Arena as in 1989. The motion was Defeated with the following vote: -8- R-90-14 - Chief Administrative Officer - Re: Downtown Board of Management - Antique Car Show. The report recommends that Council approve the request of the Downtown Board of Management to hold the Antique Car Show, Saturday, August 4th, 1990, with the following conditions: 1) That Council has no objection to the Special Occasion Permit; 2) Providing that the event meets all requirements from all ~ntl authorities; of Niagara Falls is presented to City Staff prior v , 4) That Queen Street from Victoria Avenue to Erie Avenue and all respect: side streets be closed from 9:00 a.m. to 7:00 p.m., Saturday, August 1990, and that the temporary road closing by-law appearing later evening's agenda be approved. · ORDERED on the motion of Alderman Orr, seconded by Alderman Hlnsp that the report be received and adopted. Carried Unanimously. R-90-16 - Recreation Com~nission Re: Summer Ice Schedule. The recommends that the attached schedule, for the use of sunnner ice hours ~ Stamford Memorial Arena, be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, th~ report be received and adopted. Carried Unanimously. R-90-17 - Chief Administrative Officer - Re: Arts and Cultural Commit~e, Appointments. The report recommends that Council approve the formation Arts and Cultural Committee and that appointments to this committee be sellc from the attached list of volunteers. Alderman Sherar suggested that only two representatives of the Ni,~ District Art Association be included on the Committee, and offered to act Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Shetar,it the report be received and adopted and Alderman Sherat represent Conic Carried Unanimously. i R-90-18 - Chief Administrative Officer - Re: 53rd Annual Pilgrimage of Parade, Saturday, May 19, 1990. The report recommends that Council approv~ request of the Royal Canadian Legion Branch 51, as per attached letter, Sated May 19, 1990, with the following conditions: 1) That a copy of the liability insurance indicating coverage for the~( of Niagara Falls is presented to City Staff; 2) Providing that the event meets all requirements from all authorities. ORDERED on the motion of Alderman Cummings, seconded by Algol · . . Hinsperger, that the report he received and adopted Carried Unan~mou R-90-19 - Chief Administrative Officer - Re: Royal Canadian Legion Br~| Parade - Jnne 3, 1990. The report recommends that Council appr~[~le recommendation of the Royal Canadian Legion, Branch 51 Parade, Sunday, 1990 (per attached letter) with the following conditions: 1) That the event meet all requirements from all other authorities~/~ 2) -That a copy of the liability insurance indicating coverage for .'..~e 'of Niagara Falls be presented to City Staff prior to the event.; - 9 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimo~lsly_ COMMITTEE OF THE Wq{OLE l~Q0 04 02 Council met on Monday, April 2, 1990, at 6:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hinsperger, were present. Alderman Janvary presided as Chairman. Items Considered and Action Taken: 1. PERSONNEL MATTER - Mayor's Salary Review; - Aldermanic Salary Review; The Council Secretary not required to be present. - 10 - AYE: Aldermen Cummings and Hcndershot. NAYE: Aldermen Campbell, Hinsperger, Hopkins, Janvary, err, Puttick, Sherar and Ward. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Hinsperger, Hopkins, Janvary, err, Puttick, Sherat and Ward. NAYE: Aldermen Cummings and Hendershot. MW-90-112 - Municipal Works Committee - Re: Committee Reports. The report recommends the following: 1> .MW-90-93 - 6555 Mootrose Road - It is recommended that additional traffic control measures not implemented in the vicinity of 6555 Montrose Road, at this time; be 2) MW-90-109 - Heart Niagara - Niagara Bike Tour - It is recommended that the Niagara Bike Tour event, requested by Heart Niagara, be approved subject to the City of Niagara Falls being covered in the liability insurance policy. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. MW-90-113 - Municipal Works Committee - Re: Committee Report: Extension of Watermain Along Mewburn Road/Concession 6 to the Area North and West of the Mountain Road Landfill Site. The report recommends the following: 1) That information Report MW-90-105 be received and filed for information; 2) That the request for extension of Municipal Water to the Pine Tree Village Trailer Park be considered in conjunction with consideration of the extension of Municipal water to general area, scheduled for resolution this year, in conjunction with application for expansion of the Mountain Road Landfill; 3) That Staff contact the various approval and control agencies to ascertain their position on the extension of Municipal water supply/along Mewburn Road/Concession 6; 4) That the property owners in Niagara Falls along Mewburn Road/Concession 6 be contacted to determine their interest in participating in the cost- sharing of the watermain construction costs; 5) That the Town of Niagara-on-the-Lake be contacted to determine cost- sharing arrangements for Town residents; and 6) That Staff investigate the feasibility and cost of installing alternate (to the existing well water supply) private water supply system. Mrs. Linda M. Briscall, 2175 Mewburn Road, expressed her concern with respect to the delay in extending the watermain to Pine Tree Village. The Chief Administrative Officer explained the necessity for acquiring additional information prior to Council making a decision on the matter. His Worship Mayor Smeaton assured Mrs. Briscall that the matter was considered a priority item but that answers were required prior to action being taken. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. NW-90-116 - Municipal Parking Cownnittee - Re: Proposed Stanley Avenue Parking Lot, Land Lease/Acquisition. The report recommends that Council approve, in principle, the lease of land (shown on the attached sketch) from the Region of Niagara, for a five-year term, for the purpose of creating a Municipal Parking Lot subject to the following conditions: 11 -11- 1) 2) That a by-law be approved by Council authorizing the expenditure of $255,000.00 to improve the subject property; That the City enter into a one (1) year lease agreement with the Region of Niagara that waives all leasing costs; and 3) That, after the one-year lease agreement expires, the City enter a four (4) year lease agreement with the Region of Niagara, at a lease price that is fair and equitable to both parties concerned. During the discussion, it was suggested that parking machines bc installed rather that having Staff supervision of the lot. ORDERED on the motion of Alderman Campbell, seconded by Alderman ltendershot, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Hendershot, err, Sherar and Ward. NAYE: Alderman Puttick. Hinsperger, ttopkins, Janvary, F-90-29 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,799,691.71, for the per~od ending May 14th, 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. 58514 and 58515 because his son is employed with the Company. Additional information was provided on Cheque No. 58536. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 58514 and 58515 on a conflict of interest previously recorded; and with all others voting in favour. See By-law No. 90-130. F-90-30 - Chief Administrative Officer - Re: 1990 Tax Rates. The report provides information regarding the City of Niagara Falls, Regional Municipality of Niagara, and Niagara South Board of Education tax rates for 1990, and recommends that the Council receive this report for informational purposes. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, Sherat and Ward. NAYE: Aldermen Orr and Puttick. RESOLUTIONS No, 38 - CD~ff4INGS - HENDFJISHOT - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause noxious weeds or weed seeds on any subdivided portion of the Municipality and lots not exceeding ten acres, whether or not the lots are part of a plan of subdivision, to be destroyed in the manner prescribed in the regulations made under the Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 39 - WAHl)- HINSPERGER- RESOLVED that Alderman Paisley Janvary be appointed Acting Mayor from Wednesday, May 16th to Wednesday, May 23rd, 1990, inclusive, in the absence of His Worship Mayor William S. Smeaton; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. - 12 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-126 - A by-law to amend By-law No. 79-200, as amended. (AM-42/89 Bruce Woodcock, SW Side of Epworth Circle; Lots 164,165 & 166; Report PD- 90-33 approved by Council March 12, 1990). No. 90-127 - A by-law to authorize an exchange of land with 6661Montrose Road Property Inc. (Report CD-90-03 approved by Council January 8, 1990). No. 90-128 - A by-law to designate certain land not to be subject to part lot control. No. 90-129 - A by-law to authorize the execution of an agreement with Matthews & Cameron Ltd. for engineering consulting services to carry out a vertical control benchmark installation program. No. 90-130 - A by-law to provide monies fer general purposes. The motion Carried with Alderman Puttick voting contrary on By-law No. 90-129; with Alderman ltinsperger abstaining from the vote on By-law No. 90-130 on a conflict of interest previously recorded under Report No. F-90-29; and with all others voting in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 90-126 - A by-law to amend By-law No. 79-200, as amended. No. 90-127 - A by-law to authorize an exchange of land with 6661Montrose Road Property Inc. No. 90-128 - A by-law to designate certain land not to be subject to part lot control. No. 90-129 - A by-law to authorize the execution of an agreement with Matthews & Cameron Ltd. for engineering consulting services to carry out a vertical control benchmark installation program. No. 90-130 - A by-law to provide monies for general purposes. The motion Carried with Alderman Puttick voting contrary on By-law No. 90-129; with Alderman Hinsperger abstaining from the vote on By-law No. 90-130 on a conflict of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITI~:NS OF INTEEF~T: New Chief Administrative Officer - His Worship Mayor Smeaton announced that a decision had been made in Committee of the Whole earlier this evening, that Mr. Ed Lustig, City Solicitor, had been chosen to replace Mr. J.L. Collinson, Chief Administrative Officer, on his retirement, to be effective June 18th, 1990. Rear YardClean-up/Victoria & Ellen Avenue - Alderman Ward commended the owner of the property between Victoria and Ellen Avenues for the prompt attention given to the concerns expressed, at a previous Council meeting, regarding the condition of the property. - 13 - Miss Niagara Pageant - Alderman Cummings referred to the crowning of Miss Anh Pham as Miss Niagara on Satnrday, May 12th, 1990, at the Park Motor Hotel. Alderman Hendershot, who represented Mayor Smeaton in the crowing of Miss Niagara, expressed his appreciation for the privilege. Ontario Traffic Conference - Alderman Campbell referred to the Ontario Traffic Conference he had artended in Cornwall, Ontario last weeis-end, and stated that the 1991 Conference would be held in the City of Niagara Falls at the Park Motor Inn. Sale nf Gerbers Plant - In response to questions raised by Alderman Puttick, Mayor Smeaton advised that the Gerbers plant had been sold to an unknown purchaser. TWENTIETH MEETING COMMITTEE OF THE WHOLE Committee Room #1 blay 28, 1990 Council met on Monday, May 28th, 1990, at 6:45 p.m., in Committee of the Whole. All members of Council were present. Alderman Harrington presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ~?OPT~ wAG&, ' ITEMS OF CONCERN: Legion Magazine - Veterans Pay Own Hospitalization - Alderman Puttick initiated a discussion regarding the Federal Government's action to cessation of the payment of hospitalization, for veterans whose disability had not taken place during active duty, to be effective April 1, 1990. He referred to the hardships on the veterans and their families, stated that Gib Parent, M.P. had expressed concern and willingness to speak on this matter at the Federal level. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the matter be referred to Mayor Smeaton and the Chief Administrative Officer to forward the concerns of Council to Gib Parent, M.P., to be given consideration by the Federal Government, and further, that Rob Nicholson, M.P., and the Minister of Veterans Affairs be apprised of the concern. Carried UnanimouslY· Road Condition/North Street - Alderman Shetar expressed concern regarding the dangerous road condition on North Street at the Greater Niagara General Hospital exit, He advised that there was a deep cavity in the road at this location and asked that the matter be investigated and resolved. It was moved by Alderman Campbell, seconded by Alderman Hopkins, that the meeting adjourn. READ AND ADOPTED, Carried UnanimouslY. REGULAR MEETING Council Chambers May 28, 1990 Council met on Monday, May 28th, 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. Aldex~an Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Aldex~an Cowan, that the minutes of the meeting held May 14th, 1990, be adopted as printed. Carried Unanimously. DEPUTATIONS SHOP ONTARIO - Conununication No. 180 - Mike Allen, Chairman, Shop Ontario Conunittee - Re: Promotion of Shopping in the Niagara Region. The communication encloses a brochure and fact sheet highlighting key issues regarding this matter, and advises that Mike Allen, Tony Commisso and Jack McKiernan will represent the Committee at the meeting. Mr. Mike Allen and Tony Commisso referred to previous actions taken by the Shop Ontario Committee, discussed the Committee's objectives and activities, and asked Council to support the concept of educating the Canadian and American consumers to shop in Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the concept of educating Canadian and American consumers with respect to shopping in Ontario be endorsed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Sherat and Ward, NAYE: Aldermen Cowan and Puttick. GENDF31 NEUTRAL L~d'{GUAGE - Communication No. 181A - Helen M. Macdonald - Re: Gender Neutral Language at City Hall. The communication requests permission to address Council in order to present a motion asking Council to institute a policy of gender neutral language at City Hall, and advising that Dr. Margaret Bickle, Mrs. Adaleine Oilliam and Mrs. Judy Wade will be in attendance. - AND - Corr~nunication No. 181B - Mrs. Judy Wade - Re: Language Policies of Federal Government and the University of Toronto. The communication attaches a brief containing information from the University of Western Ontario and Ryerson regarding the subject matter. Mrs. Judy Wade, Dr. Margaret Bickle and Mrs. Adaleine Gilliam reviewed a written presentation regarding Gender Neutral Language and asked Council to consider changing the name Alderman to Councillor, and research through City Staff for the implementation of a Gender Neutral Language policy at City Hall. It was moved by Alderman Cummings, seconded by Alderman Campbell, that the name Alderman be changed to Councillor at the beginning of the next term of Council. ' Following a discussion, it was moved by Alderman Janvary, seconded by Ald~rmamOr~; that the matter be tabled to September 1991. The motion Carried with the following vote: AYE: Aldermen Cowan, Hopkins, Janvary, Orr, Sherar and Ward, and Mayor Smeaton. NAYE: Aldermen Campbell, Cu~mnings, Rarrington, Hendershot, Hinsperger and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the matter of Gender Neutral Language be referred to Staff for a report with respect to the impact upon the Municipality. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Harringtnn, Hendershot, Hopkins and Ward, and Mayor Smeaton. NAYE: Aldermen Cowan, Hinsperger, Janvary, Orr, Puttick and Sherar. COMMUNICATIONS Alderman Harrington retired temporarily from the meeting. No. 182 - Regional Niagara Office of the Clerk - Re: Response to AMO "New Dimensions Discussion Paper on Conditional Grants Review". The communication attaches Report DF-90-56 for the information of Council. During the discussion, it was suggested that the questions in the report be included for consideration during the upcoming meeting with Premier Peterson. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 183 - Regional Niagara Office of the Clerk - Re: Authorization Procedure for Street Vendors on Regional Roads. The communication attaches Report DEA- 376 and requests comments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for a report. Carried Unanimously_L No. 184 - Regional Niagara Planning & Development Department - Re: Assisted Rousing Survey. The communication attaches Report DPD-2712 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously. No, 185 - Regional Niagara Public Works Department - Re: Construction Progress Report to April 30, 1990, The communication attaches Report DEP-3097 for the information of Council, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 186 - Miuistry of Transportation - Re: Subsidy Terms Applicable to Transit Services for Disabled Persons, The communication advises that the subsidy has been increased to $3.30 per eligible passenger, from the 1989 rate of $3.15. - 3 - ORDERED on the motion of Alderman Ward, seconded by Alde~nan Orr, communication be received and filed. Carried Unanimously. that the No. 187 - Ministry of Municipal Affairs - Re: Tourism Master Plan. The communication advises that a grant in the upset amount of $35,000.00 or 33.3% of the total eligible costs is available for the preparation of the Master Plan, and an initial payment of $29,750.00 (85% of the total grant) would be provided up front. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 188 - Ministry of Revenue - Re: Property Assessment Corporation. The conununication advises that the new Corporation would be formed January 1, 1991, would be responsible for all programs and services provided by the Property Assessmeut Program, and submit reports to the Ontario Legislature through the Minister of Reveuue. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the connmxnication be received and filed. Carried Unanimously. No. 189 - Ontario Good Roads Association - Re: Possible Deconditionalization of Municipal Roads Grants. The communication attaches a report outlining the consequences of deconditionalized Municipal road grants. ORDERED on the motion of Alderman Cunm~ings, seconded by Alderman Sherat, that Staff be requested to provide information which might be helpful to delegates attending the upcoming AMO meeting, at which time this issue will be considered. Carried Unanimously. No. 190 - The Town of Richmond Rill - Re: Road Improvements. The communication requests endorsation of a resolution petitionlug the Province to make available to the Municipalities l% of the total fuel tax received, for road improvements. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that this communication be referred to Staff to provide information for the upcoming AMO meeting, for discussion. Carried Unanimously. No. 191 - City of St. Catharines - Re: Request of Ministry of Housing for Amendment to Building Code. The communication asks Council to endorse a resolution to amend the Code, preventing artificial grading adjacent to a building being used to reduce the number of storeys of that building, and therefore, reducing life safety requirements of the Building Code. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the resolution be endorsed. Carried Unanimously. Alderman Harrington returned to the meeting. No. 192 - Minister of Transport - Re: Truckers at the Border Crossings. The communication advises of the Provincial actions taken to alleviate the problem. Alderman Ward declared a conflict of interest because he has a trucking business. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the Council support the actions of the Ministry to assist the trucking industry in Ontario. 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, Cummings, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr, Puttick and Sherar. NAYE: Alderman Cowan. No. 193 (HANDOUT) St. George Serbian Dance Group 'Studenica' - Re: Festival/Picnic - June 3, 1990, St. George Serbian Picnic Grounds Pavilion. The communication requests a Special Occasion Permit for the event. -4 - Representatives of the St. George Serbian Hall were in attendance to respond to questions raised. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the St. George Serbian Dance Group 'Studenica', in conjunction with its Festival/Picnic to be held June 3rd, 1990, at the St. George Serbian Picnic Grounds pavilion, 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 FD-90-02 - Chief Administrative Officer - Re: Purchase of 68 Sets Bunker Gear. The report recon~ends that Council accept the low tender of Safety Supply Canada for the purchase of 68 sets of bunker gear (fire fighting coats and pants) at '~ total cost of $46,982.71, which includes all taxes, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. FD-90-03 - Chief Administrative Officer - Re: Fire Department Uniform Quotations 1990. The report recommends that the following quotations be accepted by Council: - Complete Uniforms Firth Brothers Ltd. - Wash & Wear Trousers Muller Dry Goods - Shirts (White) Muller Dry Goods - Shirts (Blue Audibert Men's Fashion - Parkas (Reefers) John Marshall & Co. $6,742.71 2,949.30 1,159.02 5,544.59 2,538.00 ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. R-90-21 - Chief Administrative Officer - Re: Junior "A" Hockey Game Nights. The report reco~nends that the request of the Niagara Falls Thunder Hockey Team to change their home games to Thursday and Saturday be approved, and further, that the by-law appearing later on this evening's agenda authorizing this change to the existing agreement, between the Thunder Hockey Team and the City, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. ~ See By-law No. 90-137. P.R-90-15 - Chief Administrative Officer Re: Appointment of Chief Administrative Officer. The report recommends that the by-law appearing on tonight's agenda, which appoints Mr. Edward P. Lustig to the position of Chief Administrative Officer, effective June 18, 1990, and subject to a six month probationary period, be passed by Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-134. HR-90-16 - Chief Administrative Officer - Re: Appointment of DireCtor of Parks and Recreation. The report recommends that Council pass the appropriate by-law appearing on tonight's agenda appointing Mr. John H. MacDonald to the position of Director of Parks and Recreation, effective September 10, 1990, and subject to a six month probationary period. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hinsperger, Hopkins, Janvary, Puttick, Shetar and Ward. NAYE: Aldermen Harrington and Orr. See By-law No. 90-135. 5 pD-90-12 - Chief Administrative Officer - Re: Regional Niagara Policy Plan Review "Where Next? A Look to the Future". The report recommcuds the following: 1) That Council inform the Regional Municipality of Niagara that the City of Niagara Falls: (1) endorses the correct Basic Objectives of the Regional Policy Plan; and (2) on this basis recommends that the current development strategy as indicated in the Regional Policy Plau be maintained, thereby encouraging urban development south of the Niagara Escarpmeut; 2) 3) that the report be received and adopted. That this report and Council's resolution on the matter be submitted to the Regional Municipality of Niagara; and That the Region be requested to continue to provide opportunities for input and discussions on all issues related to the review of its policy plan. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, Carried Unanimously. PD-90-80 - Chief Administrative Officer - Re: Cyanamid Canada Inc. (Welland Plant) Garner Road. following: 1) Decontamination of PCBs at The report recommends the That Council offer no objections to the proposal regarding the decontamination of PCBs at Cyanamid Canada Inc. (Welland Plant), Garner Road, conditional upon: (1) the proponent notifying the Fire Chief of the actual co~nencement of the decontamination process; (2) the proponent notifying the Regional Health Services Department; (3) meeting all applicable MOE standards and utilizing MOE approved technology; and 2) (4) obtaining prior approval of the City if Municipal water or sewers are to be used; That Council notify the MOE (Hamilton Office) and the proponent regarding recommendation Number 1 that no other local permits are required; and 3) That the 30-day notification period may be waived. Alderman Cowan declared a conflict of interest because his employer is involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Cowan abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. PD-90-85 - Environmental Planning &Greening Committee - Re: World Environment Day and Environment Week Activities. The report reconm~cnds the following: That Council proclaim World Environment Day as June 5, 1990; 2) That Council present A1 and Penny Oleksuik, members of Canadians for a Clean Environment, with the City of Niagara Falls Environment Award (a plaque) on June 4, 1990; and 3) That the Council members consider participating in the Environment Week Activities outlined in this report and planned for June 8 and 9, 1990. - 6 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 40. PD-90-87 - Chief Administrative Officer - Re: Waiving of Council Consent Policy, E. & B. Michener, Consent Application B-367/90. 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- 367/90. ORDERED on the motion of Alderman Ward, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. PD-90-88 - Chief Administrative Officer - Re: Request for Comments on the Niagara Region's "Preserving Niagara's Agricultural Industry". The report recommends that the Regional Municipality of Niagara be advised that the City of Niagara Falls endorses the intent of the recommendations of the brief "Preserving Niagara's Agricultural Industry", subject to the comments of this report. During the discussion, it was suggested that the Ministry of Agriculture be contacted with respect to possible reclassification of arable lands. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-90-36 - Chief Administrative Officer - Re: O.H.R.P. Loan 2625000 835, Plan 51, Lot 21. The report recommends that Council approve the application for the Ontario Home Renewal Program, Loan No. 2625000 835. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-90-39 - Chief Administrative Officer - Re: 5280 Beechwood Road; Residential Property Standards By-law No. 74-204. The report recommends that the Corporation retain a demolition contractor to forthwith complete the Order of the Property Standards Officer. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. (a) That a school crossing guard be stationed at the intersection of Magdalen Street, Slater Avenue and Lewis Avenue for the afternoon time period only; and (b) That the Manager of Renewal and By-law Enforcement investigate the hiring of somcone within the vicinity of the school. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the reco~Tmendation of the Parking Committee, MW-90-115 School Crossing Guard Request; Magdalen/Slater/Lewis, be approved. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Harrington, Hendershot, }{inspergcr, Hopkins, Janvary, Orr, Puttick and Ward. NAYE: Alderman Sherar. 2) Centre Street Parking Meters - It is recommended: (a) That the parking meters situated on the southwest side of Centrc Street between Victoria Avenue and Ellen Avenue be removed; (b) That a "No Parking" anytime restriction be placed on the southwest side of Centre Street from a point 44 mctrcs northwest of Victoria Avenue to a point 9 metres southwest of Ellen Avenue; (c) That a "No Stopping" anytime restriction be placed on the southwest side of Centre Street from Ellen Avenue to a point 9 metres southeast of Ellen Avenue; and (d) 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. It was moved by Alderman Puttick, seconded by Alderman Cummings that reco~nendation Number 2, Centre Street Parking Meters, be tabled. The motion was Defeated with the following vote: AYE: Aldermen Cu~nings, Puttick and Shetar. NAYE: Aldermen Campbell, Cowan, Harrington, danvary, Orr and Ward. Hendershot, Hinsperger, Hopkins, ? B-90-40 Chief Administrative Officer - Re: 5280 Beechwood Road; Non- Residential Property Standards By-law No. 76-148. The report recommends that the Corporation retain a contractor to forthwith complete the Order of the Property Standards Officer. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-118 - Chief Administrative Officer - Re: Contract Position for Sewer Infrastructure Needs Program Project Supervisor. The report recommends that Mr. David Watt be offered the position of Project Supervisor for the City-Wide Sewer Infrastructure Needs Program. This is a contract position at the Grade 7 salary ($37,400 - $44,000 - 1990 rate), effective from January 1, 1991 to December 31, 1993. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. ~4W-90-119 - Nunicipal Parking Committee - Re: Committee Reports. The report recommends the following: 1) MW-90-115, School Crossing Guard Request; Nagdalen/Slater/Lewis - City Staff recommends that a school crossing guard not be stationed at the intersection of Magdalen Street, 81ater Avenue and Lewis Avenue. The Parking Committee recommends the following: · 7 3) MW-90-104, Buckley Avenue - Valley Way to Huron Street, Proposed Parking Prohibition - It is recommended: (a) That a "No Parking" zone be implemented on the west side of Buckley Avenue from Valley Way to Huron Street; (b) That the northerly parking meter on the east side of Buckley Avenue south Valley Way is removed; (c)' That a "No Parking" zone be implemented on the east side of Buckley Avenue from Huron Street to 14 metres north and from 35 metres north of Huron Street to Valley Way; and (d) 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, that the report be received and recommendations in Nomber 2, Centre Street Parking Meters, and 3, Buckley Avenue - Valley Way to Huron Street, Proposed Parking Prohibition, be adopted. The motion Carried with the following votex AYE: Aldermen Campbell, Cowan, Harrington, Hendershot, Hinsperger, Hopkins, Janvary, Orr and Ward. NAYE: Aldermen Cummings, Puttick and Sherat. See By-law No. 90-143. t t , 8 -8- MW-90-124 - Chief Administrative Officer - Re: Equipment Rental. The report recommends that the prices submitted by the various contractors for a variety of equipment be accepted, as required. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously, MW-90-125 - Chief Administrative Officer - Re: Contract 90-02 - 1990 Sidewalk Repairs and New Sidewalk Construction. The report recommends that the unit prices submitted by the low tenderer, Sacco Construction Limited, be accepted and that the by-law appearing on tonight's agenda, be passed, awarding this contract for Sections 'A' and 'B' in the upset amount of $166,000.O0; also deleting Section 'C' - the Calaguiro Subdivision Mountain Road sidewalk. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hiusperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-138. MW-90-126 - Municipal Works Committee - Re: Committee Report: Contract 90-06 - Tender for the Supply of Materials and Services for Pavement Markings. The report recommends 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 Materials and Services for Pavement Markings, and that the unit prices submitted by Provincial Maintenance be accepted and this contract be awarded to same. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No, 90-140. MW-90-127 - Municipal Works Committee - Re: Committee Report: Expansion of Emergency Certificate of Approval by Niagara Waste Systems (Walker Bros.) to Accept Additional Waste from 11alton Region. The report recommends that the City of Niagara Falls not object to the Application for the Expansion of the Emergency Certificate of Approval by Niagara Waste Systems (Walker Bros.) to accept additional waste from Halton Region, subject to the conditions contained in the report. Alderman Campbell declared a conflict of interest because his parents are objecting to the expansion of Walker Bros. ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried ~with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded and with the following vote: AYE: Aldermen Cowan, Cummings, Herrington, Hendershot, Hinsperger, Janvary, Sherat and Ward. NAYE: Aldermen Orr and Puttick. Hopkins, MW-90-128 - Municipal Works Committee - Re: Committee Report: Home Composter Program. The report recommends that authorization be granted for the purchase of the following home compostors: 450 Soilsaver Units; 500 EcoBalance Units - 300 Units (12 cubic feet) 200 Units feet); 50 Green Cone Units. (20.cubic ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-90-32 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,951,155.45, for the period ending May 28, 1990, be approved by the passing of the by-law appearing later on the agenda. -9 - Alderman Campbell declared a conflict of interest on Cheque Nos. 58651 and 58846 because the organization is a client. Aldermen Cummings and Sherat declared conflicts of interest on Cheque No. 58753 because their employer is involved. Alderman Cummings declared a conflict of interest on Cheque No. 58784 because a member of his family is employed with the organization. Alderman Hendershot dectared a conflict of interest on Cheque No. 58789 because he is employed with the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 58688 and 58853 because a member of his family is employed with the Company. ORDERED on the motion of Aldernlan Cowan, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings, Shetar, Hendershot and Hinsperger abstaining from the vote on conflicts of interest, on the Cheques Numbers previously recorded; and w~th all others voting in layout. See By-law No. 90-144. F-90-33 - Chief Administrative Officer - Re: 1990 Operating Budgets & Tax Rates. The report recommends that Council pass the by-laws appearing on tonight's agcnda to: I) Provide for the appropriations for the year 1990; 2) Fix the rates of taxation for 1990 and to provide for the levying of taxes; Provide for the collection of taxes for the year 1990. 3) ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law Nos. 90-131, By-law No. 90-132, and By-law No. 90-133. C-90-O9 - Chief Administrative Officer - Re: Sale of Lots 21 and 22, Plan M-67 - Falls Industrial Park Extension. The report recommends that tbe request of Penn Oxygen Ltd. to sell Lot 21 to Headon Contracting 1986 Ltd., and the sale of Lot 22 to 851752 Ontario Inc., be approved subject to an appropriate agreement being entered into binding the lots to the usual covenants respecting buildings, etc., and further, that the Municipality be provided with confirmation that the building constructed on Lot 22 conforms to all Municipal requirements, i.e., lot coverage, parking requirements, yard requirements, etc. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. VERBAL REPORT - Mayor Smeaton - Re: Ministry of Government Services - Possible Establishment of Court House. Mayor Smeaton advised that the Hononrable Chris Ward, Minister of Government Services for the Province of Ontario, had agreed to visit the City of Niagara Falls and meet with City Council for a discussion of new Court facilities and other Government facilities on lands adjacent to City Hall. He stated that the meeting would take place as soon as possible, and that Council would be notified of the date. Members of Council indicated their agreement. FC-90-13 (HANDOUT) - Chief Administrative Officer - Re: 1990 Water Budget. The report, which was considered earlier this evening in Finance Committee, recommends that the 1990 water budget and 1990-1991 water rates be approved. ORDERED on the motion of Aldex~an Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously_. See.By-law No. 90-145. - 10 - HR-90-14 (HANDOUT) - Chief Administrative Officer - Re: Salary Administration. The report, which was considered earlier this evening in Committee of the Whole, recommends that the attached policy and administrative procedures associated with the introduction of a job evaluation system be approved by Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 40 - WARD - COWAN - RESOLVED that the Council of the City of Niagara Falls, on the Twenty-eighth day of May, I990, agreed that June 5, 1990 be designated as World EnvirOnment Day in the City of Niagara Falls; AND WHEREAS Environment Day will stimulate interest in and knowledge of the environment; AND WHEREAS the City of Niagara Falls encourages local residents, schools and industries to participate in the activities planned for Environment Week on the days of Friday, June 8, 1990 and Saturday, June 9, 1990; NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City of Niagara Falls, the day of June 5, 1990 is hereby proclaimed as World Environment Day in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. No. 41 - ttOPKINS - COWAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby declares there is a need for a revision of the official plan and directs Staff to undertake such a revision; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-131 - A by-law to provide for the appropriations for the year 1990. No. 90-132 - A by-law to fix the rate of taxation for 1990 an~ to provide for the levying of taxes. No. 90-133 - A by-law to provide for the collection of taxes for the year 1990. No. 90-134 - A by-law to appuint Edward P. Lustig Chief Administrative Officer. No. 90-135 ~ A by-law to provide for the appointment of Municipal officials. Nu. 90~136 - A by-law to amend By-law No. 79-200, as amended. (AM-7/90, 527786 Ontario Ltd., Eric Henry, Pts. 1 & 2, Ref. Plan 59R-6559; Report PD- · 90-52 approved by council April 9, 1990). No. 90-137 - A by-law to authorize the execution of an amending agreement with Niagara Falls Thunder Inc. No. 90-138 - A by-law to authorize the execution of an agreemeBt with Sacco Construction Limited fur 1990 sidewalk repairs. No. 90-139 - A by-law to authorize the execution of an agreement with John Vandot Weyden, carrying on business as Niagara Commercial Cutting for mowing weeds on private lots. No. 90-140 - A by-law to authorize the execution of an agreement with 649799 Ontario Limited, operating as ProVincial Maintenance. -11- No. 90-141 - A by-law to authorize the execution of an agreement with ChemLawn Inc. for chemical weed control. No. 90-142 - A by-law to temporarily close part of Queen street and all respective side streets from Victoria Avenue to Erie Avenue. No. 90-143 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. No. 90-144 - A by-law to provide monies for general purposes. No. 90-145 - A by-law to amend By-law No. 75-20, as amended, to regulate the supply of water and to provide for the maintenance and management of the waterworks, and for the imposition and collection of water rates. The motion Carried with Aldermen Harrjngton and Orr voting contrary on By-law No. 90-135 as previously recorded under Report No. tIR-9O-16; with Aldermoo Cummings, Puttick and $herar voting contrary on By-law No. 90-143 as previously recorded under Report No. MW-90-119; with Aldermen Campbell, Cummings, Hendershot, Hinsperger, and Shcrar abstaining from the vote on By-law No. 90- 144 on conflicts of interest previously recorded under Report No. F-90-32; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the fol]owing by-laws be now read a second and third time: No. 90-131 No. 90-132 No. 90-133 No. 90-13~ No. 90-135 No. 90-136 No. 90-137 No. 90-138 No. 90-139 No. 90-1~0 No. 90-141 No. 90~142 No. 90-143 - A by-law to provide for the appropriations for the year 1990. - A by-law to fix the rate of taxation for 1990 and to provide for the levying of taxes. - A by-law to provide for the collection of taxes for the year 1990. - A by-law to appoint Edward P. Lustig Chief Administrative Officer. - A by-law to provide for the appointment of Municipal officials. - A by-law to amend By-law No. 79-200, as amended. - A by-law to authorize the execution of an amending agreement with Niagara Falls Thunder Inc. - A by-law to authorize the execution of an agreement with Sacco Construction Limited for 1990 sidewalk repairs. A by-law to authorize the execution of an agreement with John Vander Weyden, carrying on business as Niagara Con~ercial Cutting for mowing weeds on private lots. - A by-law to authorize the execution of an agreement with 649799 Ontario Limited, operating as Provincial Maintenance. - A by-law to authorize the execution of an agreement with ChemLawn Inc. for chemical weed control. - A by-law to temporarily close part of Queen Street and all respective side streets from Victoria Avenue to Erie Avenue. - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. No. 90-144 - A by-law to provide monies for general. purposes. No. 90~1~5 - A by-law to amend By-law No. 75-20, as amended, to regulate the ..~,'~u~ply of wate;,and to provide for the maintenance and management of the waterworks, and for the imposition and collection of water rates. 12 12- The motion Carried w~th Aldermen Herrington and Orr voting contrary on By-law No. 90-135 as previously recorded; with Aldermen Cunnnings, Puttick and Sherat voting contrary on By-law No, 90-I43 as previously recorded; with Aldermen Campbell, Cummingm, Hendershot, Hinsperger, and Shetar abstaining from the vote on By-law No. 90-144 on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF INTEREST: Woman-Image-Sight: Pornography as Visual Language - Alderman Herrington referred to an illustrated talk by Professor Joan Nicks of Brock University with respect to the subject matter, on Thursday, May 31, 1990. She invited members of Council to attend. Telephone Call~/Watts Line - Alderman Puttick referred to his previous request for a report regarding the Watts line in City Hall, and asked that a report be submitted by the new C,A.O. in July or August 1990, and further, that Report C-90-11 be attached and updated on a quarterly basis. National Action Conmittee on Status of Women (NAg) - Alderman llarrington advised that she would be submitting a report on the recent Conference she had attended, and expressed appreciation for the opportunity· ITEMS OF CONCERN: Court House Facilities - Alderman Campbell initiated a discussion regarding Court House facilities. Mayor 8meaton advised that Mr. Sharon had been given the authority by a previous Council to work w~th the Municipality and the Attorney General in developing lands to establish a new government facility; referred to the time period which had elapsed, and suggested that the matter be discussed in Committee of the Whole within the next week since land was involved. tie further advised that a meeting with the Minister would be scheduled at the same time. Alderman Orr declared a conflict of interest because she lives within the subject area. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the approval be given to proceed. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded, aHd with all others voting in favour. Condition of Property - Five Corners - Alderman Sherar referred to the condition of the property in front of the 5 Corners Pizza Parlout, and asked that the grass be cut. This matter was referred to Staff. Parking - Stanley at Allendale & Niagara Falls Arena - Alderman Campbell submitted a verbal report with regard to parking of vehicles at the City parking lot in the subject area. He responded to questions raised regarding the parking lot at the Niagara Falls Memorial Arena, advising that the matter would be discussed further with the Recreation Department and Parking Committee. It was moved by Alderman Ward, seconded by Alderman Cowan, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, TWENTY-FIRST MEETING COb~IITTEE OF THE WHOLE Committee Room #1 June 4, 1990 Council met on Honda),, June 4th, 1990, at 6:45 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Orr who was absent due to illness, and Alderman Puttick, were present, AldeY~an Hopkins presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. RF~AD AND ADOPTED, · ' ...... E.C. , REGULAR MEETING Council Chambers June 4, 1990 Council met on Monday, June 4th, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Alderman Orr who was absent due to illness, and Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Shetar 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 May 28th, 1990, be adopted as printed. Carried Unanimously. PRESENTATIONS 1989 CHRISTMAS LIGHTING CONTEST WINNERS: His Worship Mayor Smeaton congratulated, and presented Awards, on behalf of the City, to the following winners of the 1989 Christmas Lighting Contest: - Residential: George Taylor was not in attendance; M. Disher, accepted by Marion Wattam; and Duplex, Gerry Larabie, and William Clayton. - Commercial: Bloom & Basket accepted by Wendy Kershaw; and Elia's Brothers Big Boy Restaurant accepted by William Spaan. - Apartments: Eventide Home, Major Ridout, accepted by Harold J. Barnes; and Imperial Towers, accepted by Michcline Jones. - Industrial: Washington Mills, Ralph Powell, accepted by Lionel Lauzon; and Nabisco Brands, Larry McCombs, accepted by Aldo Gabrielle. NIAG~,A FALLS ENVIRONI~ENT AWARD - ttis Worship Mayor Smeaton congratulated A1 and Penny Oleksuik. who were in attendance with their daughters, Alex and Tanya. Mr. Oleksuik expressed appreciation on behalf of Canadians for a Clean Environment, and invited members of Council to participate in Environment Day on June 5th, 1990. - 2 - UNFINISHED BUSINESS TKR~INOLOG]~ "ALDKRI~N VS. COUNCILLOR": Report No. CD-90-35 - Chief Administrative Officer - Re: Terminology "Alders:an vs. Councillor. The report recoffm~ends that City Council consider the contents of this report and, if deemed necessary, take appropriate action. It was moved by Aldemnan Harrington, seconded by Alderman Hendershot, that the name be changed from Aldemnan to Councillor, effectiL'e June 1991. Following further discussion, it was moved by Alderman Ward, seconded by Alderman Sherat, that the matter be tabled to October 1990 in conjunction wit~ the submission of a report regarding gender neutral language is City Hall. The motion to table which took precedent, was Defeated with the following vote: AYE: Aldermen Cowan, Hopkins, Janvary, Sherar and Ward. NA~E: Aldermen Campbell, Cu~ings, Harrington, Hendershot and Hinsperger. The original motion to change the name Alderman to Councillor, effective June 1991, was Defeated with the following vote: AYE: Aldermen Campbell, Curmf~ings, Harrington and Hendershot. NAYE: Aldermen Cowan, Hinsperger, Hopkins, Janvary, Sherat and Ward. OBDERED on the motion of Alderman Cowan, seconded by Alderman Sherat, that the report be received and filed. Carried Unanimously. COMMUNICATIONS No. 194 - T.A. Wilkes, Regional Assessment Commissioner, Regional Municipality of Niagara - Re: 1989 Annual Report. The co~nunication attaches the Annual Report for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the cormaunication be received and filed, Carried Unanimously. No. 195 - The Corporation of the City of Windsor - Re: The Railway Act. The communication requests the endorsation of a petition to the Minister of Transport Canada to amend The Railway Act with respect to Anti-Whistling By-laws. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cowan, that the communication be referred to Staff for a report on the impact of the proposed amendment on the City. Carried Unanimously. No. 196 - John M. Nelson, Chairman & Chief Executive Officer, Norton Company - Re: Resolution No. 31 Supporting the Efforts of the Norton Company to Remain Independent. The conur, unication expresses appreciation to Council for its support. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 197 - Niagara Falls Family Y.M.C.A. - Re: Annual SIs-Pitch Tourney - August 10th to 12th, 1990, Cbippawa Lion's Hall. The communication requests a Special Occasion Permit for the event. Alderman Campbell declared a conflict of interest because the organization is a client. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Niagara Falls Family Y.M.C.A., in conjunction with its Annual SIs- Pitch Tourney to be held August |Oth, 11 and 12th, 1990 at the Chippawn Lion's Hall, subject to the approval of the Regional Police Department, the Niagara Falls Fire Bepartment, tho Regional Health Services Department and the Liqunr - 3 - Licensing Board of Ontario. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. REPORTS R-90-2& - Civic Committee - Re: Canada Day Celebrations - Proclamation. The report recommends that a proclamation be approved, inviting all citizens to join in the celebration, to reaffirm our oath of allegiance and hunour our beloved country by flying our flag, singing "O Canada", enjoying a swim at one of our four pools and/or taking part in our Canada Day Celebrations at Optimist Youth Park 11:00 a.m, - 5:00 p.m, Alderman Janvary asked that the time of the commencement of the Celebrations be changed to 12:00 to 5:00 p.m., and the Parade to conlmeuce at 12:30 p.m. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the amended report be received and adopted. Carried Unanimously. R-90-25 - Civic Committee - Re: Canada Day - Free Swimming. The report recommends that City Council agree to free swimming at the four Municipal Pools on Sunday, July 1st, 1990, as part of the celebrations planned for Canada's 123rd birthday. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimousl~ R-90-26 - Civic Committee - Re: Canada Day - Parade. The report recommends that Council approve the Canada Day Parade to be held on July 1st, 1990. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-90-33 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Mount Carmel Plan Y', File No. 26T-89031. The report recommends that the "Monnt Carmel Plan 3" Subdivision be approved, subject to the Conditions enumerated in the report. Mr. Stewart Branscombe, River Realty Development Inc., was in attendance. Alderman Hopkins declared a conflict of interest because his employer has a business relationship. ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger, 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 vnting in fayour. B-90-42 - Chief Administrative Officer - Re: Weed Administration. The report recommends that the City's administration costs for weed spraying and mowing of private lots be increased from $80.00 to $90.00. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. B-90-43 - Chief Administrative Officer - Re: Extension to a Site Plan Agreement Between Joe Moretta Investments Ltd. and the City - Proposed Hotel/Apartment Building - Robinson Street. The report recommends that Council approve of the request to provide for an extension date for commencement of construction as set down in the Site Plan Agreement and that such construction commencement be extended for a further two year period to November 28, 1992. It was moved by Alderman Cummings, seconded by Alderman ltinsperger, that the report be received and adopted. -4 - During the discussion which followed, it was noted that the subject lands were adjacent to the Jolley Cut lands which were "in very bad repair". ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins that the report be tabled for one week to obtain input from the Building Department, and clarification on the status of the Jolley Cut lands. The motion to table which took precedent Carried with the following vote: AYE: Aldermen Cowan, Harrington, Hendershot, Hinsperger, Hopkins, Shetar and Ward. NAYE: Aldermen Campbell and Cummings. Janvary, MW-90-129 - Business Park Committee - Re: Montrose Business Park - Request for Proposals for Servicing Design. The report recommends that Council authorize Staff to request proposals for the design of servicing for the Montrose Business Park. ORDEREDton the motion of Alderman Cowan, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. MW-90-130 - Municipal Parking Committee - Re: Committee Report: Sodom Road/Lyons Creek Road/Main Street, Intersection Review. The report recommends that Council approve tile Parking Committee's recommendation that the following report and petition be endorsed by City Council, then submitted to Region of Niagara Council, requesting a further review (the installation of an overhead flashing light) at the intersection of Sodom Road, Lyons Creek Road and Main Street in Chippaws, Mrs. Eva Barnett, 5893 Britannia Crescent, and Mrs. Shirley Fisher, 6460 Armstrong Drive, were in attendance to express their concerns and concerns of residents regarding the dangerous situation at this intersection. ORDERED on the motion of Alderman Hinsperger, seconded by Aldex~an Harrington, that the report be received and adopted. Carried Unanimously. NW-90-131 - Municipal Works Committee - Re: recommends the following: 1) 2) Committee Reports: The report MW-90-88 - Johnson Drive Parking Restriction - It is recommended that a "No Parking" anytime restriction be approved for implementation on the east side of Johnson Drive from Swayze Drive to Stroban Street. MW-90-117 - Tee Creek Report - Rural Watercourse Drainage Improvements - It is recommended that: (i) This report and the accompanying letter from Brian Wiebe Associates be received for the information of Council; and (ii) Council endorse the petition from the residents to extend the watercourse improvement works south and west of Koabel Road on the Tee Creek and that the City's Consultant be directed to prepare a preliminary report to be presented to the residents and Munfcipal Council in the Summer of 1990. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. P-90-34 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,289~045.89 for the period ending June 4th, 1990, be approved by the passing of the by-law appearing later on the agerids. Alderman Campbell declared a conflict of interest on Cheque No. 59009 because he is the person involved. Aldermen Harrington, Hendershot and Janvary declared conflicts of interest on Cheque No. 59101 because they are employed by the Board. -5 - Alderman Hinsperger declared a conflict of interest on Cheque Nos. 58998, 58999 and 59000 because a member of his family is employed by the Corapany, Additional information was provided on Cheque Nos. 59017 and 59121; and further information was requested by Alderman Ward co Cheque No. 59054, ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Aldermen Campbell, Harrington, Hendershot, Janvary and Hinsperger abstainlug from the vote on conflicts of interest, on Cheque Numbers referred to previously; and with all others voting in favour. ~ee By-law No, 90-150, F-90-35 - Finance Committee - Re: Committee Reports. The report recommends tile following: 1) Niagara Falls Humane Society Financial Statements - It is recommended tha~ Couxlcil approve the Humane Statements for April 1990. Society Financial FC-90-12 - Niagara Portage Road Book - It is recommended that Council approve Report FC-90-12 for the information of Council. Statement of Revenue & Expenditure and Status of Taxes Receivable - It is recommended that Council approve the Statement of Revenue Expenditure and Status of Taxes Receivable. 4) FC-90-14 - Town of Oakville Resolution - Education Grants - It is recommended that the Council endorse the resolution of the Town of Oakville regarding the denial of advance payment of requisition installments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. F-90-36 - Chief Administrative Officer - Re: Banking Services. The report recommends that the Council of the City of Niagara Falls pass the attached Resolution to include the Bank of Montreal as a banker for the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslyL See Resolution No. 42. CD-90-34 - Chief Administrative Officer - Re: Record Retention By-law. The report recommends that City Council pass the by-law appearing later on this evening's agenda. ORDERED on the motion of Alderman Ward, seconded by Alderman CumJnings, that the report be received and adopted. Carried Unanimously. See By-law No. 90-146. S-90-11 Chief Administrative Officer - Re: City of Toronto Resolution Municipal Division of Provincial Court. The report recommends that the City of Niagara Falls Council endorse the City of Toronto~s request to the Provincial Government, through the Attorney General and the Minister of Municipal Affairs, to create a Municipal Division in the Provincial Court to deal with any Municipal matter within its constitutional powers. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously~ -6- RESOLUTIONS No. 42 - C[/~INGS - COWAN - RESOLVED that the Bank of Montreal be appointed a Banker of the Corporation of the City of Niagara Falls; AND THAT the Mayor and Treasurer or Deputy Treasurer is hereby authorized to enter into Banking agreements with the Bank of Montreal; AND TItAT the Mayor, Treasurer and Deputy Treasurer are authorized to act as agents in charge of its affairs on behalf of the Corporation of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 43 - HENDERSHOT - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Ola Kolankiwsky, a well known and highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 44 - CUMMINGS - IIINSPFJRGER- RESOLVED that WHEREAS the Minister of Government Services for the Province of Ontario, the Honourable Chris Ward has announced that the City of Niagara Falls is being seriously considered as a location for the decentralization from Toronto of certain operations; and WHEREAS the said Minister has indicated that the availability of Municipally owned land for such purposes within the Municipality is a positive factor for the Province to consider when deciding on whether or not to decentralize, as aforesaid; and WHEREAS the said Ministry has indicated that a decision on this matter is expected to be made within approximately 2 months; and WHEREAS the Council of The Corporation of the City of Niagara Falls deems it desirable to pass this Resolution as an indication of the City's willingness to make City lands hereinafter described available to the Province for the aforesaid purposes, subject to satisfactory terms and conditions that will generate economic benefit to the City; NOW THEREFORE BE IT RESOLVED TItAT The Corporation of the City of Niagara Falls is willing to make City lands, within the area shown cross-hatched on the plan attached hereto, available to the Province for the purpose of relocating a Provincial Government Ministry or Agency, subject to satisfactory terms and conditions that will generate considerable economic benefit tot the City; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cun~ings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-146 - A by-law to establish a schedule of retention periods for certain records of the City of Niagara Falls. No. 90-147 - A by-law to authorize the execution of a Transfer of Easement from the Niagara South Board of Education. No. 90~148 - A by-law to authorize an exchange of land with 632787 Ontario Limited. (Report CD-90-21 approved by Council April 9, 1990)0 No. 90-|49 - A by-law to authorize the purchase of land from 632787 Ontario Limited. (Report CD-90-21 approved by Council April 9, 1990). No. 90-!50 - A by-law to provide monies for general purposes. The motion Carried w~tb Aldermau Hendershot abstaining from the vote on By-law No. 90-147 on a conflict of interest, because be is employed by the Board; with Aldermen Campbell, Harrington, Hendershot, Hinspcrger and Janvary abstaining from the vote on By-law No. 90-150, on conflicts of in[crest previously recorded undc~ Report No. F-90-34; and with all others voting in favoor. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cunm~ings, that the following by-laws be now read a second and third time: No. 90-146 - A by-law to establish a schedule of retention periods for certain records of the City of Niagara Falls. No. 90-147 - A by-law to authorize the execution of a Transfer of Eascmeut fron; the Niagara South Board of Education. No. 90-148 - A by-law to authorize an exchange of land with 632787 Ontario Limited. (Report CD-90-21 approved by Council April 9, 1990). No. 90-149 - A by-law to authorize the purchase of land from 632787 Ontario Limited. (Report CD-90-21 approved by Council April 9, 1990}. No. 90-150 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hendershot abstaining from the vote on By-law No. 90-147 on a conf]ict of interest previously recorded; with Aldermen Campbell, Harrington, Hendershot, Hiosperger and Janvary abstaining from the vote on By- law No. 90-150, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITF2MS OF INTEREST: Environment Day, June 5, 1990 - Alderman popkins referred to the celebrations at Kingsbridge Park in connection with Environment' Day, and encouraged members of Council to attend. lie stated that the Canadians for a Clean Environment had developed a program for the event. Corporate Planning Sessions - Alderman Harrington requested that the new Chief Administrative Officer, within a short time, bring forward a proposal for a follow-up on Corporate Planning Sessions. 200th Anniversary of Portage Road - Alderman Ward referred to the Celebrations scheduled for this week-end with regard to the 200th AnniVersary of Portage Road, and invited all to attend. ITENS OF CONCERN: Stamford Green Plaza/High School Students - Alderman Campbell advised that he had received a number of phone calls from business people at the Stamford Green Plaza, expressing concerns regarding high school students loitering around the convenience store at Huggins Street and the Plaza. The students were being verbally and physically abusive and generally exhibiting inappropriate behaviour towards customers. Alderman Campbell stressed the seriousness of the situation and requested that action be taken. His Worship Mayor Smeaton stated that he would investigate the matter with Police for a resolution to the problem. Drainage/Optimist Park - Alderman Harrington referred to calls she had received from residents in the area of the Optimist Park, expressing concerns regarding possible drainage problems. · 8 -8- Alderman Hendershot explained that he had received similar concerns which bad been referred to the Director of Parks & Recreation for action. The Director of Parks & Recreation explained that action had been taken by the Engineering Department. Newspaper Boxes/Victoria Avenue - Alderman Ward referred to the large number of newspaper bo×es on Victoria Avenue, and which are obstructing traffic. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the concern be investigated and a report submitted. Carried Unanimously. Canada Coach/Grey Coach Drivers Parking - Alderman Hendershot discussed the $15.00 per month fee paid by drivers of Canada Coach and Grey Coach for parking at Niagara Transit, while others arc not charged. bit. Wm. J. Carey, 6307 Monterey Avenue, a driver for Canada Coach Lines was in attendance. He stated that 18 Canada Coach and 6 Grey Coach drivers operate out of Niagara Transit just as other workers who are not charged a monthly fee. made. Ilia Worship Mayor Smeaton suggested that a full investigation would be It was moved by Alderman Janvary, seconded by Alderman Ward, meeting adjourn. Carried Unanimously. ~.k,.k.A ' READ AND ADOPTED, that the _ S. SMEATON TWENTY-SECOND MEETING Committee Room #1 June 11, 1990 Council met on Monday, June 11th, 1990, at 7:15 p.m., in Committee of the Whole, All members of Council, with the exception of Alderman Nendershot who was absent on personal business, were present. His Worship Mayor Smeaton presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. PLANNING/REGULAR MEETING council Chambers June 11, 1990 council met on Monday, June 11th, 1990, at 7:30 p.m., for the purpose of considerin~ Planning Matters and regular business. All members of council, with the exception of Alderman Bendershot who was absent on personal business, were present. His Worship Mayor Smsaton presided as chairman. Alderman Cowan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held June 4th, 1990, be adopted as printed. Carried Unanimously. PRESENTATION THE CANADIAN RED CROSS SOCIETY CITATION - His Worship Mayor Smeaton submitted a Citation which was presented to the City of Niagara Palls, by the Ontario Division of The Canadian Red Cross Society, in recognition and appreciation of the City's support of all Red Cross Programmes, and especially the Blood Donor Recruitment Programme. REPORTS - PLANNING MATTERS PD-90-93 Chief Administrative officer - Re: Zoning By-law Amendment Application A~-15/90, City of Niagara Palls Non-Profit corporation, Part of Twp. Lot 170, North Side of McLeod Road. The report recommends the following: 1) That Council support the zoning amendment application which will extend the existing R4 zoning with special provisions to include some additional lands and permit the construction of a 6 storey, 60 unit seniors' apartment building, having a maximum building height of 19m (62 ft.); That the applicant dedicate the required 5.18m, (17 ft.) of land for road widening to the City, along the property's frontage on MoLeod Road, and that the applicant arrange for the extension of all services and sidewalks to the satisfaction of the City's Municipal Works Department~ 3) That the lands be placed under Site PXan Control to address grading, lighting, landscaping, etc., and that Staff be directed to prepare the amending by-laws for enactment at a subsequent Council meeting; and 4) That the applicant and the Regional Hunicipality of Niagara be advised accordingly. Communication No. 198A - Regional Niagara Planning & Development Department - Re= Proposed Zoning By-law Amendment (AM-15/90) Six Storey 60 Unit Senior's Apartments, McLeod Road, between Kalar Road and Meritrose Road. The communication supports the proposal. Communication No. 198B - Richard o. Belzil - Rex Proposed Zoning Amendment AM- 15/90. The communication supports the application. His Worship Mayor Smeaton declared the PubXic Meeting open, ann explained t~e procedure to be followed under the Planning Act, 1983. ' ' The Clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on May 11th, 1990, 31 days ago. His Worship Mayor Smeaton acknowledged the presence of AleC Oreayes as agent for the applicant; and received a negative response to hie request for a show of hands from those persons present who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report NO. PD-90-86z Development Proposals official Plan; Zoning By-law~ Surrounding Land Use~ Comments from the Public Notification Process] Planning Review and Site Plan Review. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in fayour of the application, and persons opposed to the application. Mr. Alec Oreayes expressed satisfaction with the Planning Director's explanation of the proposal, stated that the provision for parking is more than the required minimum, and that the Non-Profit Board was in agreement with the conditions enumerated in the report. Since no further comments were forthcoming, His Worship 'Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman err, seconded by Alderman Ward, that the communications be received and filed and the report be.received an~ adopted. Carried Unanimously. PD-90-94 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 18/90; D. & R. D'Addio, 6004 Stanley Avenue & 5997 Buchanan Avenue. The report recommends the followingz 1) 2) That Council support the Zoning By-law amendment application to permit the construction of · 9-storey, 96 unit hotel/ That the applicant dedicate any required road widening strip to the Regional Municipality of Niagara along the property,e full frontage on Stanley Avenue (Regional Road 102)1 3) 4) That the applicant dedicate a 1 matre (3.2 ft.) road widening strip to the City along the property'e frontage on Buchanan Avenue, employ storm water management techniques# install low flow fixtures, and construct. en interconnected water system end provide required services to the site, all to the satisfaction of the Clty'e Municipal Works Department~ That the lands be placed under Site Plan Control to address grading, lighting, parking, fencing, landscaping, etc., and that Staff be directed to prepare the amending by-laws for enactment at a subsequent Council meetl~gl end - 3 - s) That the applicant and'the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 199 (HANDOUT) - Regional Niagara Planning & Development Department - Re: Proposed Zoning By-law Amendment AM-18/90, 9 Storey, 96 Unit Hotel; 6004 Stanley & 5997 Buchanan. The communication advises that the Regional planning Department is not adverse to the proposal, provided the City is satisfied that the previous servicing concerns are alleviated; and further, that comments of the Regional Public Works Department should be addressed. His Worship Mayor Smeaton declared the Public Meeting open, and explained that the prccedure to be followed would be the same as the preceding application. The Clerk advised that the Notices Of the Public Meeting had been forwarded by prepaid first-class mail on May llth, 1990, 31 days ago. His Worship Mayor Smeaton indicated the presence of Dante Marineill, Solicitor, on behalf of the applicant; and received a positive response to his request for a show of hands from those persons present who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-84= Development Proposal; Official Plan; Zoning By-law; Surrounding Land USe; Comments from the Public Notification Process; Planning Review and Site Plan Review. There was a negative response to Mayor Smeaton's request for comments from persons, other then the applicant or his agent, in favour of the application, and persons opposed to the application. Mr. Marineill referred to the merits of the present application, which had been discussed by the Director of Planning & Development, and advised that the developer was in agreement with the conditions included in the report. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman err, seconded by Alderman Hlnsperger, that the communication be received and filed and the report be received and adopted. Carried Unanimously. PD-90-95 - Chief Administrative officer - Re: Zoning Amendment Application AM- 36/89 Mount Carmel Plan 3 Plan of Subdivision, River Realty Development (1976} Inc., Part of TwO. Lot 62, East Side of Mentress Road. The report recommends the followingx 1) That Council support the Zoning By-law amendment application for the Mount Carmel Plan 3 plan of subdivision, including the recommended improvements to the regulatory provisions; 2) That the blocks proposed for apartment development 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] and 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. Communication No. 200 (HANDOUT) - River Realty Development (1976) Inc. - Rex AM-36/89 Rezuning Application; Mount carmel III Plan of Subdivision. The Communication refers to the request for a revision in the height standard of the proposed development, from 40' to 50' to accommodate a 5-storey building. His Worship Mayor Smeaton declared the Public Meeting open, and explained that the procedure to be followed would be the same as the previous applications. -4~ Alderman Hopkins declared a conflict of interest because his employer has a business relationship with respect to property in the area. The clerk advised thst the Notices of the Public Meeting had been forwarded by prepaid first-class mail on May 11th, 1990, 31 days ago. His Worship Mayor Smeaton noted that stewart Branscombe, the developer was in attendsnoel and received a negative response to his request for a show of hands from those persons present who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-91x Development Propssail Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review and Site Plan Review. He explained that the height of the apartment building had been qualified as 50' in height, rather than the 40' specified in the Technical Report. There was a negative response to Mayor Smeaton,s request for comments from persons, other than the applicant or hie agent, in fayour of the application, and persons opposed to the application. Mr. Branscombe offered to respond to questions raised. Since no further comments were forthcoming, Hie Worship Mayor Smearart declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman art, that the communication be received and filed and the report be received and adopted. The motion Car_a___rriedwith Alderman Hopkine abstaining from the vote on a conflict of interest previously recorded and all others voting in fayour. PD-90-96 - Chief a~ministrative Officer - Re, Zoning Amendment Application AM- 11/90, Fidelity Leather & Vinyl Products Ltd., 4256 Moatrose Road. The report recommends the following~ 1) 2) s) 4) That Council support the Zoning BY-law amendment application topemit the conversion of the existing bakery and bake and coffee shop to a restaurant having a maximum of 40 seats; That Council repeal By-law 88-5 which permits the erection and use of one building for the purpose of a commercial bakery and containi~g a bake and coffee shop on the lands; That Staff be directed to prepare the appropriate by-laws for enactment at a subsequent Council meeting; and That the applicant and the Regional Municipality of Niagara be advised accordingly. Cem"unioation NO. 201 - Regional Niagara Planning & Development Department - Rag Proposed Zoning By-law Amendment AM-IX/90; A. & J. Care Donuts, 4256 Montrose Road. The communication advises that the Regional Planning Department la not opposed to this zoning amendment, and further, that the comments of the Regional Publl~ Works Department should be oonaidered. Alderman Hopkins declared a ~onfliot of interest because · member of his family hem a business relationship. Alderman Janvery declared · ~ontliot of interest because her non is employed with Pidelity Leather & Vlnyl Products Ltd. His Worship Mayor Smeaton declared the Public Meeting open, and explained that the procedure to be followed would be the same as the previous applications. - 5 - The clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on May llth, 1990, 31 days ago. His Worship Mayor Smeaton received indication that Ernie Crazier was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands from those persons present who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-92t Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review and Site Plan Review. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in fayour of the application, and persons opposed to the applicatio~, Mr. Crazier indicated his agreement with the recommendations and offered to respond to questions raised. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman art, seconded by Alderman Sherar, that the communication be received and filed and the report be received and adopted. The motion Carried with Aldermen Hopkins and Janvary abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. PD-90-97 - Chief Administrative Officer - Re: Zoning Amendment Application AM- 12/90, cornwall Investments Ltd., Parts 4 & 5, R.P. 59R-4589, Part of Twp. Lot 99, West Side of Kalar Road. The report recommends the following~ 1) That Council support the Zoning By-law amendment to permit the property to be used for a single family dwelling; 2) That the applicant dedicate a 5m (16.4 ft.) road widening strip to the City along the property's full frontage on Kalar Road, and that the Urban Service Area be extended to include the subject lands; That Staff be directed to prepare the nscessary by-laws for enactment at a subsequent council meeting; and 4) That the applicant and the regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open, and explained that the procedure to be followed would be the same ae the previous applications. The Clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on May llth, 1990, 31 days ago. His Worship Mayor Smeaton received indication that Ray ParfiZZ was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands from those persons present who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-81: Develo[~ment Proposal; Official Plan; Zoning By-law; Surrounding Land Usel Comments from the Public Notification Process; and Planning Review. He replied to questions raised with respect to urban and rural boundaries, as well as city services in the area. -6 - There was a negative response to Mayor Sme~ton's request for comments from persons, other than the applicant or his agent, in favour of the application, and persons opposed to the applicat~on. Mr. Parrite referred to a recommendation of the Public Works staff that the applicant provide sufficient monies to construct sidewalks. He asked that this matter be left to a future date. The Director of Planning & Development advised that this specification had not been included in the recommendations in the report. In response to questions raised with respect to the ownership of other lands in thls area, Mr. Gordon Wyllie advised that the applicant does not own any other lands in the City of Niagara Falls, and that this situation had occured within the past 4 - 5 months. 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 Cummings, that the report be received and adopted. Carried Unanimously. PD-90-98 - Chief Administrative Officer - Rez Zoning Amendment Application AM- 19/90, City of Niagara Palls, Amendments - Zoning By-law No. 1538 crowland and Zoning By-law No. 395, Willoughby. The report recommends the followingz 1} That Council support the proposed amendments to the by-laws for the former Townships of Willoughby and Crowland, to increase the minimum lot area requirement for rural/agricultural lands to 18 ha (approximately 40 acres) while also recognizing existing undersized lots$ That Council pass the amending zoning by-laws with respect to this proposal, as included in the Council agenda; That staff be instructed that all building lots created by means of testamentary devise after June 11, 1990, must meet the minimum 16 ha (40 acres) lot area requirement; and 2) ,.3) 4) That a copy of this report be sent to the Regional Municipality of Niagara and Ministry of Municipal Affairs for information purposes. Communication No. 202A - Robert S. Norminton - Re: Testamentary Devise. The communication states that the barriers to land severance in Willoughby Township are restrictive and based on the preservation of arable land, and should therefore be adjusted since the land An the Township is 'third class'3 and further, that testamentary devise is discriminatory because a 'privileged few' benefit from the *loophole in the law*. It was pointed out that a larger rural tax base would be of benefit to the city. -AND - Communication No. 202B - Brian Sinclair, Solicitor - Rat Mil~er Road Property. The communication discusses the land on Miller Road, owned by a client, 727604 Ontario Ltd., discusses the poor quality of the soil, attaches Plan 59R-5128 showing the subject lands, and opposes any change in the existing Zoning By-law for this land. CommunioatLon No. 202C (BANDOU~) - Frederick cepl·n, solicitor, Portgrey, Roberts - Res Zoning Amendment Application AM-19/90. The communication advises that insufficient opportunity had been provided for · review of the proposed by~laws~ that the writer had been unable to secure copies of the by-laws prior to June llth, 1990~ and objecting to the public meeting as not being ea real or legitimate public meeting,. His Worship Mayor Smeston declared the Public Meeting open, and explained that the procedure to be followed would be the same ·s the previous applications. The clerk advised that the No~ices of the Public Meeting had been published in the Niagara Falls Review, Welland Tribune and St. Oath·tines Standard on May 12th, 1990, 30 days ago. His Worship Mayor Smeaton received a positive response to his request for a show of hands from those persons present who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the clerk prior tQ 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-90-90= Proposal; Official Plan~ zoning By- law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. Me stated that the proposed amendment represented a further step in the City's planning program for agricultural land uses, that the Region had recommended the Municipalities action to minimize testamentary devise, and recommended adoption of the new by-laws in accordance with the recommendations in Report PD-90-98. Mrs. Karen Charleon, 9327 Ridge Road, Welland; F. Caplan, Solicitor, Pengray, Roberts, 60 James Street, St. Catharines; Shirley Kondys, R.R. #1, Port Robinson, and other concerned citizens were in attendance to oppose the amendments. Mrs. Charlton and Mrs. Kendye discussed concerns regarding the difficulty in farming small parcels of land, with poor soil conditions in the subject area described as 'desolate scrubland', and not viable for farming. Mrs. Charleon advised that most of the residents were lifelong residents and preferred country living for environmental and privacy reasons and that they did not went services. Mr. Caplan expressed objection to the Public Hearing because of lack of availability of the proposed by-laws, and the inaccuracy of the Notice in the newspaper. He reiterated information contained in Communication No. 202C, and discussed concerns regarding the technical description in the by-law and the definition of lot. Mr. caplan stated that he had been retained on Thursday, June ?th, 1990. · · · · His Worship MayOr Smeaton declared a 10 minute recess, at 8:32 p.m., to review ~he matter. Following the recess, council reconvened for the balance of the meeting. , , w , , In reply to questions raised, Mr. Caplan advised that he had sent Carlo Montemurro to the Planning and Clerk's Departments at city Mall to obtain copies of the by-laws, and that Mr. Montemurro had been denied the documentation. The City Solicitor advised that there was no requirement that the by-law itself be made available although the Clerk had stated that the by-law, would have been provided upon request if available Just as any item on the agenda is · vailable~ that there was no definition of lot in the by-law, but that the original by-laws for Willoughby and Crowland have a definition of lot; and further, that the Public Notice did not appear to be 'out of the ordinary'. He stated that the rules provide on the passing of any by-law, Notice is given, and it would be done. His Worship Mayor Smeaten asked that the records indicate Mr. Caplan's CcncernB, Mrs. Shirley Kendye questioned the size of the acreage which would be considered · viable farming parcel, the number of viable farm parcels in Willoughby and Crowland Townships, the criteria for choosing the size of a viable farmparcel, and type of land available. The Director of Planning & Development and the Manager-Policy Planning provided the required information. Mrs. Kendye referred to the condition of McKenney Road, which had not yet received the stone as promised. -8 - Further discussion ensued with respect to the viabllity of a 40 acre parcel in Willoughby and Crowland Townships, Testamentary Devise, possible extension of roads, schools and services. His Worship Mayor Smeatoin requested that any new items pertaining to the application be presented. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting Closed. It was moved by Alderman Hopkins, seconded by Alderman Marrington, that the recommendations in Report No. PD-90-98 with respect to the Township of WillOughby be received and adopted. The motion was efDe__f_eatedwith the following vote= AYE= Aldermen Harrington, Hopkins, Janvary, Orr and Ward. NAYE Aldermen Campbell, Cowan, Cununings, Hinsperger, Puttick and Shetar. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the recon~nendations in Report PD-90-98, with respect to the Township of Crowland, be denied. The motion Carried with the following vote= AYE= Aldermen Campbell, cowan, Cummings, Ninsperger, Janvary, err, Puttick and She~ar. NAYE= Aldermen Harrington, Hopkins and Ward. PD-90-99 - chief Administrative Officer - Re: Zoning ~mendment Application AM- 13/90 and Official PlanAmendment No. 1935 Gary Niven (in Trust), 4015 Dorchester Road~ Southwest corner of Dorchester & Thorold Stone Roads. The report recommends the following= 1) That Council support the application tea mend the Official Plan and Zoning By-law to permit the development of a 1,858 sq.m (20,000 sq. ft.) neighbourhood commercial plaza and 15 townhouse dwelling units, including the modifications to the regularcry provisions of the requested zones and provided not more than 325 sq.m (3,500 sq. ft.) of the plaza be developed to retail area; 2) 3) 4) That the applicant dedicate 3m (10 ft.) road widesings along the property's full frontage on Thorold Stone and Dorchester Roads to the satisfaction of the Regional Niagara Public Works Department; That the applicant deposit the monies required for the construction of a sidewalk across the property,e full frontage along Thorold Stone Road to the satisfaction of the City's Municipal Works Department; That the lands be placed under Bite Plan control tc address grading, lighting, fencing, landscaping, etc., and that staff be directed to prepare the amending by-laws for enactment at a subsequent Council meeting! and That the applicant and the Regional Municipality of Niagara be advised accordingly. Coamunica~ion No. 203A - Regional Niagara Planning & Developsen~ Department - Rex Proposed Zoning Sy-lawAmendment AM-13/90, Neighbourhood Con~ercial Plaza and 15 Townhouse Units, Thorold Stone Road end Dorchester Road. The communication advises that the Department is not adverse to this proposal, but that since both Stanley Avenue and Dorchester Road are regional Roads# comments of the Regional Public Works Department should be considered· - aND - Communication Nee. 203B, C, D, Et F, - John & Bey tartar, Robert a. & Margaret B. Gauthiert Oregel7 & Loci acehie, Miss Nsx7 L, Adams, and Dale Monroe - Rex O.P.A. NO. 193 & AM-13/90. The communications express opposition to the application because of high density housing] aesthetics~ devaluation of property~ increased congestion in the areas increased traffic volumes and acoidents~ dust] noise; alEpollution# inability to access or egress on Burbank Crescent~ unwanted and unnscessary commercial space since vacant commercial land is available in the Stamford Centre area, as well as &vailable ~pace for lease in commercial - 9 - developments constructed in recent years~ low population growth in Niagara Falls~ possible tax appeal by property owners of Burbank Crescent to provide tax relief; expectation of homeowners in the neighbourhood that the lands would remain Single Family Residential and an extension of the Monroe subdivision~ proposed uses for the plaza] possible future severance with uncertain development~ suitable drainage~ destruction of 'Killman House' an historical bullding~ cutting of mature trees~ the danger of construction site for small children and need for fencing prior to proceeding. It was suggested that if council decides to proceed, suitable restrictions regarding future rezoning of the residential portions of the property be included, designation of special policy area to ensure compliance with the plan, that any new owner/developer be obligated to abide by previous agreements and restrictions, and provision be made for involvement in the site plan approval process. It was further suggested that if approved, council should be prepared to be responsible for additional costs of installing traffic signals at Burbank Crescent at the time of road widening. - AND - Communications Nos. 203G, B, I, J, K, L, M - Peter J. Losdew, ArchiteCt, San & Donna Lalich, Fred Brugman, Don &Dalia Briggs, Rivoli & Rite Iesulauro, Ronald C. Keown, Joanna Fatchin - Re= OPA 193 & Zoning Amendment AM-13/90. The Communications support the application for proposed rezoning, as a positive direction for development of the land~ need for further development because of recent growth in Burbank Crescent~ continuance of established commercial aspect of the Old Monroe Barn business$ approval of neighbourhood shopping facilities; and the proposed housing units and small plaza would compliment the existing retail outlets in the area and be within convenient walking distance. - ~ND - Communication No. 203N - T.A. Richardson, Solicitor, Sullivan, Mahoney - Rex Application for OPA #193 and Zoning Amendment AM-13/90. The conununication attaches copies of Exhibits in support of the application for rezoning of the property located ab 4015 Dorchester Road, and advises that T.A. Richardson, Hr. Fred Paul andMr. Emrik Suithies will make presentations to Council at the Public Meeting. His Worship Mayor ;meaton declared the Public Meeting open, and explained that the procedure to be followed would be the same as the previous applications. The Clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on May 11th, 1990, 31 days ago, and Notice with respect to the Official Plan Amendment had been published in the Niagara Falls Review on May 11th, 1990. His Worship Mayor ;meeton received indication that Mr. T. A. Richardson was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands from those persons present who were interested in the application. Me asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior tc leaving the meeting· The Director of Planning & Develol~nent discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-89= Proposal~ Official Plan~ Zoning By- law~ Surrounding Land Use~ comments from the Public Notification Process$ and Planning Review. The following residents were in attendance to supporb the application= Mr. Fred Brugman, 6824 Thorold Stcne Road~ and Nrs. Delia M. Briggs, 4141 Dorchester Road. The opinion was expressed that this was an excellent new develotxnent within walking distance, was preferred to a 14-storey apartment building overlooking adjacent rear yards, and was a continuation of · commercial use. The following residents were in attendance to express their concerns= Robert A Gadthief, 4068 McKinless Crescent~ Gregory Scobie, 7064 Burbank Crescent~ John Cartar, 6993 Thorold Stone Roads Mrs. Stalls Embleton, ?074 Briarwood Avenue~ and Mrs. Isabel Walker, 6971 Thorold Stone Road. They discussed concerns with respect to the change of soninS from single family s{ - 10 - because homes in the area were purchased with regard to single family zoning~ unloading of restaurant supplies~ requested assurance that the proposed uses for the strip plaza be limited to compatibility with surrounding lands~ impact on school traffic~ ingress and egress to Burbank Crescent from Thorold Stone Road, as well as increased traffic on a busy arterial systeml no need for an additional corner fitness club or restaurant on the subject corner; and further, that commercial strip developments were in place, both west and east of the subject property, and therefore, an additional commercial development was not needed. Dr. A.C. Gold, the developer, stated that this was a neighbourhood commercial development within walking distance of the surrounding residentsl that the uses identified in the consultant,s Study were not currently in the area and did not mean the use would be added to the sites that the types of tenancies already committed were 'Triple A people', a family restaurant, financial institution and a health related facility. Mr. Tom Richardson, Solicitor for Sullivan, Mahoney, addressed council on behalf Of the applicant, and reviewed Exhibits submitted in support of the application, being the Architect's sketch of the proposal, Architect.s sketch of the proposed Town Homes, Planning Analysis prepared by Mynde & Paul dated January 1990, Summary of Market Analysis prepared by Emrik H. Suithies Associates. and three letters of intent from St. Catharines Medical Centre, Royal Trust, and R. Bruce WaSte, Solicitor for Belamys Restaurant. He discussed a letter from the Ministry of the Environment dated August 9th# 1989, which suggested an alternate use for the site rather than a single family develol~nent, and attaching Guidelines for Noise Control in Land Use Planning. Mr. Richardson pointed out that the Monroe home had not been designated under the Ontario Heritage Act, that the triangular parcel of land west of the subject site was owned by Ontario Hydro. He stated that the development would 'enhance the nelghbourhoode. Mr. Fred Paul, Hiller O'Dell & Paul, discussed the proposal in terms of site location and surrounding area, as well as land use. He referred to posted architect's sketches of the development, and pointed out attempts to minimize the impact on adjacent homes~ stated that a request had been made for maximum floor area to be increased to 6000 sq. ft. to facilitate the uses identified, and that the uses propmsed were 'quality uses'. Mr. Paul advised that sidewalks would be installed along Thorold Stone and Dorchester Roads to accommodate school trafflc~ that vehicular traffic concerns had been addressed by the Region and that ingress and egress routes were satisfactory with the Region. He suggested that the traffic problem at Burbank Crescent was not a result of this development. During the discussion, it was suggested that an extra lane be installed to accommodate traffic using the proposed plaza. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Ward, that the communications be received and filed and the report be received and adopted. It was further recommended that the concerned residents be involved in the site pXan process. The motion~a&r~edwith the following votes AYEs Aldermen Campbell, Cowan, Cummings, Harrington, Hlnsperger~ Hopkins~ Orr~ Puttick, Sherat and Ward. NAYEs Aldermen Janvary. It was moved by Aldermen Sherat, seconded by Alderman CampbeZl, that approval be given to proceed past llx00 p.m. Carried Una~mouslv~ ' PD-90-101 - Chief.administrative Officer - Res official Plan and Zoning By-law amendment Applications OPA No. 194 and AM-14/90 Royal Bank of Canada~ 5?33 Victoria &venue,.Wortheast Corner of Cantre Street and Victoria Avenue. The report reckends the followings - ll - 1) 2) That Council not conclude the Public Meeting respecting the application to amend the Official Flan and Zoning By-law to allow full and proper consideration of all relevant planning and engineering issues and public comments; In view of far~reaching implications of a decision on this application, that the Municipal Works Department be afforded sufficient time to review the deficiencies of the Victoria Avenue and centre Street intersections, determine future needs; and 3) That the Public Meeting be reconvened in August once studies have been completed and Staff are able to present alternative solutions for Counoil#s consideration. Hie Worship Mayor Smeaton declared the Public Meeting open, and explained that the procedure ~o be followed would be the same as the previous applications. The clerk advised that Notices of the Public Meeting had been forwarded by prepaid first-class mail on May llth, 1990, and publication in the newspaper with respect to the Official Plan Amendment on May llth, 1990. His Worship Mayor Smeaton indicated that Mr. Bruce Barnett, District Manager, Royal Bank of Canada, and Brian Sinclair, Solicitor, were in attendance; and received a positive response to his request for a show of hands from those persons present who were interested in the application. Me asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development reviewed the following information Contained in Report No. PD-90-101: Background; Previous Application; Review and Summary of the Lanmer-Fenco Study, Official Plan, Site Plan Control, Nature of the Zone Changes, Recent Development and Traffic Study. He stated that the subject site was located in an area identified for the expansion of the tourSam development; that redevelopment of the subject property and its effect on the intersection end the future role of Centre Street would have far reaching implications and involve many propertiee~ that because of the significance of the proposed amendments and in recognition of a number of basic and important questions being unanswered, approval of the application would be premature; and advised that Staff was recommending deferring the application until August, when the functional review of the Centre Street Area was completed. Mr. Pasquale Ramunno, 5020 Centre Street, spoke in support of the application. Me questioned the time frame for widening of Centre Street, and stated that he was in fayour of leaving the street as it was, because of the physical impossibility of widening it, and the small and narrow lots. Mr. Sinclair referred to improvements made at other Royal Bank of Canada locations in the City, the desire to enlarge their banking facilities in Niagara Falls, and the impracticalSty and impossibility of widening the road to He discussed encroachment by the second storey only, the need for a good bank in the subject area, the proposed accommodation of wheel chairs within the facility, and stated that the proposal was for a first-class new bank. Mr. Barnett advised Council that the proposal was an attempt to have access to the bank at street level for the handicapped, and further, that the walls and foundations would not sustain extended inside renovations. A discussion followed regarding a previous plan for the circulation of traffic in the area, the cost of acquiring property in order to widen the street, the possibility of removing parking from the east side of Victoria Avenue in the subject area~ and traffic congestion. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the application be approved as requested end presented. The motion Carried with the following votex ..12 - 12 - Aldermen Campbell, Cowan, Cummings, Herrington, Hinsperger, Janvary, err, Puttick, Sherat and Ward. Alderman Hopkins. PD-90-100 - Chief Administrative officer - Re: Zoning AmendmentApplicationAM- 34/89, River Realty DevelolM~ent Inc., Mount Carmel Shopping Centre, Determination of Need for Further Public Meeting. The report recommends the following: 1) That City Council, prior to the passing of the amending by-law for River Realty Develol~nent Inc. (Mount Carmel Shopping Centre), determine by resolution, in accordance with Section 34(16) of the Planning Act, that changes to the proposal after the holding of the Public Meeting will not require the giving of a further notice; 2) That Council enact the amending by-law in accordance with section 34(17) of the Planning Act for the development of a shopping centre. Alderman Hopkins declared a conflict of interest because his employer has an interest in property associated with River Realty Development. Alderman Ward declared a conflict of interest because he has a business interest. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that' the report be received and adopted. The motion Carried with Aldermen Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. See Resolution No. 47. See By-law Nee. 90-151, No. 90-152 and No. 90-153. COMMUNICATIONS No. 204 - Regional Niagara Office of the Clerk - Roz Wiagara Region Review Commission Report. The communication attaches Regional council'a submission to the Minister Of Municipal Affairs. ORDERED on the motion of Alderman Puttick, seconded by Alderman cummings, that the communication be referred to the Special Ad Hoc Committee. carried Unanimously. No. 205 - Regional Niagara Public Works Department - Rez Water/Sewage Flows by Municipality, Monthly Report for April 1990. The communication etaaches Re~ort DEP-3106 for the information of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. Me. 206 -citw of Woodstock - Re: Policy on the Subject of Impaired Driving. The communication requests support of recommendations from the DUTI Committee for the implementation of a complete policy on impaired driving. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and the brief be endorsed. Carried Unanimously. No, 207 - EXistbeth Teunia, Run Organleer - Re: 10th Annual Terry Fox Run - September 16, 1990. The communication requests permission to display a banner for the event. ' ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received end the request epproved. Carried Unanimously. Aldermen Hopkins end err temporerll~ retired from the meeting. - 13 - No. 208 - Niagara Palls Humane Society Re: Hoard of Directors. The communication invites Council to appoint one Alderman and two citizen representatives as Directors of the Hoard. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed. Carried Unanimously.~ No. 209 - Willlam J. Charton, Executive Director, Family & Children's services Niagara (FACS) - Re: proclamation. The communication asks Council to proclaim the month of October 1990 as 'Child Abuse Prevention Month in Canada'. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. Aidermen Hopkins and err returned to the meeting. REPORTS R-90-23 - Chief Administrative Officer - Re: Jr. °A' Changerooms and office Renovations. The report recommends that the request of the Niagara Falls Thunder Hockey Club to expand and renovate their current office location at Niagara Falls Memorial Arena be approved. It is further recommended that Staff be authorized to prepare an agreement between the City and the Thunder Hockey Club outlining the conditions of this approval. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. carried Unanimously. R-90-27 - chief AdmAnistrative Officer - Re: Arts and Cultural Committee - Final Appointments and Committee's Future Direction. The report recommends that Council approve the attached final list of appointments to the Niagara Falls Arts and cultural Committee which includes the two representatives from the Niagara District Art Association (rather than the proposed four) and the addition of a representative from the Wiagara Falls Dance Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. Carried UnanimouslY. B-90-44 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for May 1990. The report provides information regarding Permits Issued and Highlights for Hay 1990, as well as June Proposals, and recommends that this report be received and filed. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimouslv~ B-90-45 - Chief Administrative Officer - Re~ Lease Agreement Between Stamford Medical Centre and The City of Niagara Falls; Former N.S. & T. Railroad Right- of-Way Lands, Tap. Lot 77, Plan 59, East side of Portage Road at GallAnger Road. The report recommends that council authorize a lO-year lease agreement between Stamford Medical Centre end the City of Niagara Fells for a portion of a parcel of property formerly known as the N.S. & T. Right-of-Way. The subject property is rectangular in shape, having a lot area of approximately 17,000 square feet, and a frontage of approximately 58 feet. The lands are located on the east side of Portage Road, opposite GallAnger Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Werd~ that the report be received and adopted. Carried Unanimously- MW-90-133 - Chief Administrative Offleer - Rex By-law for the 1990 Capital Storm Sewermain Installation and Sanitary Sewermain Rehabilitation Project on Keiffer Street. The report recommends the followings 1) That Council approve, prior to the 1990 Capital Budget being approved, the finending stipulated ($125,000) in the Keiffer Stree~ sewer by-law appearing on tonight's ageads; 2) that the report be received and adopted. - 14 - That Council pass the by-law for storm sewermain installations and sanitary sewermain rehabilitation on Keiffer Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman cowan, Carried Unanimously. See By-law No. 90-156. MW-90-136 - Chief Administrative Officer - Re= Contract No. 90-232-II Drummond Park Village Sub'n (Ext. 3-1 & 3-2); 89-233-ri Drummond Park Village sub'n (Alex Avenue}; 89-234-II Ascot Woods Sub'n (Ext. 3A & 38). The report recommends that the unit prices submitted by the low tendeter, Steed & Evans Ltd., be accepted and this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Cowan, that the report be received and adopted. Carried Unanimously. See BY-law No. 90-161~ MW-90-138 Chief Administrative Officer - Rat Temporary Road Closures Zimmerman Avenue and Morrison Street; Christ Church Homecoming Week-end. The report recommends the followings 1) 2) That the by-law appearing on tonight,s council agende be given the necessary readings to authorize the temporary road closures on the following road sections, on June 23, 1990, between the hours of 11200 a.m. and 4t00 (a) Zimmerman Avenue between River Road and Huron Street; (b) Morrison Street between Zlmmerman Avenue and Erie Avenue; That permission be granted for the use of the two City Hall Staff parking lots situated on Huron Street; and 3) That christ Church be charged (approximately $300.00) for the erection/removal of detour/road closure signs and barricades. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-160. MW-90-140 - Municipal Works Committee - Rez service centre Improvements. This report was not submitted to council. ~ F-90-37 - chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $760,986.49, for the period ending June 11th, 1990, be approved by the passing of the by-law appearing later on the agenda. Aldermen Hinaperger declared · conflict of interest on Cheque No. 59172 because a member of his family is employed with the company. &lderman Janvary declared a conflict of interest on Cheque No. 59264 because she le employed by the Board. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the Eeport be received and adopted. The motion Cerrl~4 with Aldermen Hi~sperger and Janvary abstaining from the vote on aonfliote of interest, on Cheque Numbers reoorded previously; and with all others voting in fayour. see BY-law No. 90-162. C-90-11 - Chief Adminis%rative Offleer - Rot Niagara Falls Humane Agreement, The report recommends that Council pass the by-law on tonight'e - 15 - agenda authorizing the execution of an agreement between the City and the Niagara Falls Humane Society for the provision of dog control and humane services. ORDERED On the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY, See By-law No. 90-157... RESOLUTIONS No. 45 - COWAN - JANVARY - RESOLVED that the city of Niagara Falls seek funding assistance from the ministry of the Environment under the Municipal Reduction Reuse Program, in the amount of $25,567.50, for the purchase of home composting containers; AND the Seal of the Corporation be hereto affixed. Ca ried Unanim usl . No. 46 - COWAN - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Faho Martin, a former Alderman of the city of Niagara Falls, and a highly respected resident of the community; AND the Seal of the Corporation be hereto affixed- Ca tied Unanimousl . No. 47 - COWAN JANVARY - 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-34/89 River Realty Development Inc., Mount Carmel Shopping centre), are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. The motion C~rried with Alderman Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with all Others voting in fayour. No. 48 - COWAN - JANVARY - RESOLVED that Alderman Patrick Cummings be appointed ACting Mayor for the period June 20th and 21st, 1990, during the absence Of His Worship Mayor William Bmeaton; AND the Seal of the Corporation be hereto affixed. Carled U animousl 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. 90-161 - A by-law to authorize the execution of an agreement with River Realty Development (1976) In~. No. 9~-152 ~ A by-law to amend By-law NO. 79-200, as amended. (AN-34/89 River Realty Development (1976) Inc., NW Corner Montrose Rd. & Thorold stone Rd.; Report PD-89-178 approved by Council November 27, 1989). Me. 90-153 - A by-law to amend By-law No. 86-238 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 eection 40 of the Planning Act, 1983. (AM-34/89). NO. 90-15~ - A by-law to amend By-law No. 79-200, as amended. (AM-18/89 H. Mullet, South Side of Thorold Stone Road, Pt. Twp. Lot 77; Report PD-89-178 approved by Council November 27, 1989). No. 90-155 - A by-law to amend By-law No. 79-200, ee amended. (AN-38/89 Niagara Tire & Battery, North Side of Bridge St., Pt. Block 10, RP 36, Lot 147, RP 422; Report PD-89-186 approved by Council De0ember 11, 1989). - 16 - No. 90-156 - A by-law to authorize the installation of a storm sewermain and spot rehabilitation of a sanitary sewermain and service laterals as an improvement and extension to the sewage system in the Urban Service Areas of the city. No. 90-157 - A by-law to authorize the execution of an agreement with the Niagara Falls Humane Society. No. 90-158 - Withdrawn. No. 90-159 - Withdrawn. No. 90-160 - A by-law to close a portion of Zimmerman Avenue and Morrison Street to vehicular traffic on a temporary basis. NO. 90-161 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for curbs, gutters, sidewalks and base asphalt. 90-162 - A by-law to provide monies for general purposes. The motion Carried with ALdermen Hopkins and Ward abstaining from the vote on By-law Nee. 90-151, 90-152, 90-153 and 90-154 as previously recorded under Report No. PD-90-100; with Alderman Ward voting contrary on By-law No. 90-155; with Aldermen Hlnsperger and Janvary abstaining from the vote on Conflicts of interest previously recorded under Report No. F-90-37; and with all others voting in faycur. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third timel No. 90-151 - A by-law to authorize the execution of an agreement with River Realty Development (1976} Inc. 90-152 - A by-law to amend By-law No. 79-200, as amended. 90-153 - 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. 90-154 - A by-law to amend By-law No. 79-200, as amended. No. 90-155 - A by-law to amend Hy-law No. 79-200, as amended~ Re. 90-156 - a by-law to authorize the installation of a storm sewermain and spot rehabilitation of a sanitary sewermain and service laterals as an improvement and extension to the sewage system in the Urban Service Areas of the City. 90-157 - A by-law to authorize the execution of an agreement with the Niagara Falls Humane Society. No. 90-158 - Withdrawn. Me, 90-159 - Withdrawn. No. 90-160 - A by-law to close a portion of Simmerman Avenue end Morrison Htreet to vehicular traffic on a temporary basis. We. 90=16a - A by-law to authorize the execution of an agreement with Steed end Evans Limited for curbs, gutters~ sidewalks and base asphalt. No. 90-162 - A by-law to provide monies for general purposes. The motionCe~riedwith Aldermen Hopkins and Ward abstaining from the vote on By-law HoB. 90-151, 90-182, 90-153 and 90~154 as'previously7 with Aldermen Ward - 17 voting contrary on By-law No. 90-155; with Aldermen Hinsperger and Janvary abstaining from the vote on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Sidewalks/casa D'oro - Alderman Cummings initiated a discussion regarding improvement of the sidewalks at the case D'Oro. His Worship Mayor Smeaton advised that the sidewalks along the side of the Restaurant were the responsibility of the Casa D'Oro. Staff was asked to contact Jim Roberrs, the owner on June 12th, 1990, regarding this matter. .Ontario Health Survey - AldermaD Cummings presen=ed a questionnaire received by numerous residents in the area' from the Ministry of Health, representing a health survey and asking a number of very personal questions. He suggested that the matter be referred to Staff to obtain copies for the information of council. Testamentary Devise - Alderman Hopkins discussed his continuing concern regarding the abuse of Testamentary Devise in the area, and asked that a summary of the concerns expressed earlier this evening be forwarded, through Mayor Smeaton's office, to the local His Worship Mayor Smeaton asked the Alderman to submit his concerns in writing for a decision by council regarding the matter, and further, that he was not in favour of removing the clause Testamentary Devise a~ the present time. Line Painting Tender - Alderman Ward requested information regarding whether the contract had been signed with respect to the tender for line paintingl which had been considered last week. The Deputy Director of Municipal Works agreed to provide the required information. Sodom Road/Lyens Creek Road Intersection - Alderman Hinsperger discussed concerns regarding the subject intersection, and advised that a near collision of a car with a home at the intersection had taken place place during the past week. He asked that the Regional Municipality be contacted for a larger checkerboard sign illuminated by a flashing light at this dangerous intersection. The Deputy Director of Municipal Works was asked to take immediate action on this matter, and His Worship Mayor Smeaton stated that he would Contact Regional councillor 8rian Merrett, Chairman, Regional Public Works Committee, Severance Feasibility Formula - Alderman Janvary referred to the above mentioned Handout report submitted by Alderman cowan. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the report be received and filed. Carried Unanimousl~ Retirement/Chief A~ministretive officer - Alderman Janvary referred to the upcoming retirement of J.L. Collinson, Chief A~hninistrative Officer with regret and wished him well. 'For Me'e A Jolly Good ~ellcw' was sung by all present. - 18 - The Chief Administrative Officer expressed appreciation for his achievements through the cooperation of Council and Staff~ He wished Losrig, the new Chief Administrative Officer, success in his new position. His Worship Mayor Smeaton expressed appreciation to Mr. Collinson for his efforts as a 'loyal servant of this Municipality.. It was moved by Alderman Orr, seconded by Alderman Cowan, that the meeting adjourn. Carried Unanimously. TWENTY-THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #1 June 18, 1990 Council met on Monday, June 18, 1990, at 7:00 p.m., in committee of the Whole. All members of Council, with the exception of Alderman Hopkins who was on vacation, and Alderman Puttick who was absent on city business, were present. Alderman Cummings presided as chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND aDOPTED, E. C. WAGG e.,.aDOD, ~-.G. WAG T~G~ ' REGULAR MEETING Council Chambers June 18, 1990 council met on Monday, June 18th, 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 on vacation, and Alderman Puttick who was absent on city business, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the minutes of the meeting held June 11th, 1990, be adopted as printed. Carried Unanimously. DEPUTATION ECONOMIC DEVELOPMENT AGENCY - MAJOR DEVELOPMENT PROJECT - AND - STMATEGXC ECONOMIC DEVELOPMENT - Communication NO. 210 - Niagara Falls Economic Development Agency - Re: Major Development Project & Strategic Economic Development. The communication requests permission to address Council regarding the subject items, and attaches a summary of the Strategic Economic Development Planning Session. His Worship Mayor Smeaton welcomed Mr. Rob McLeod, President of the Niagara Falls Economic Development Agency, as well as Gabs Mallouk, Henry Mullet, and G. E. Farrell, members of the Soard; Deals Stefaniuk, General Manager of the Visitor and Convention Sureau; and Chuck Chataway, Director of Economic Development, to the meeting. Major Development Pro~ect - Factor-/Outlet - Mr. Chataway introduced Mr. Also Lam, Secretary-Treasurer and chief Financial Officer, Etac Sales Ltd., an international trading company based in Scarborough, Ontario, with trading offices in locations throughout the world, importing merchandise for department, chain and specialty stores. He referred to the Tourism Canada Study sponsored by the Federal Government, Niagara Falls Canada, Visitor & Convention Bureau, and the City of Niagara Falls, entitled Tourjam Community Development Initiative and known as the Economic Impact Study, Niagara Falls, which recommended an increase in the number of tourist projects in Niagara Falls. -2 - Mr. Lamoutlined the proposed Factory Outlet Shopping Mall, to be located on 18 acres of lend at the southeast corner of McLeod Road and the Q.E.W.; with 125,000 square feet of retail space or 60 stores, and with accommodation for 20 buses. The project will provide 450 to 600 Jobs, taxes in the amount Of $300,000 annually, and retain the shopping dollar in Canada. He discuseed the forecast in terms of tourists with extended visits and spending contributing to the local economy. Mr. Lam referred to the well-known companies which had expressed interest in becoming tenants, and asked Council to support a request to the Regional Municipality of Niagara for Sunday shopping. Mr. Lamexpreesed appreciation to Mr. Chataway and the E.D.A., City Staff, Mayor Smeaton and council for help and support. He responded requestions raised with respect to location, Sunday shopping hours, and acreaget and stated that proposed opening date was June 1991. Mr. Gordon Wyllie replied to questions raised regarding the subject lands with the assistance of posted sketches. 'ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that Council support the proposal, by formal resolution, as a bona fide tourist attraction, and request the Regional Municipality of Niagara to provide enabling legislation under the Retail Business Holidays Act to permit Sunday shopping. The motion Carried with the following vote= AYE: NAYE: Aldermen Campbell, Cowan, Cummings, Herrington, Hendershot, Hinsperger, Orr and Ward. Aldermen Janvary and sherat. See Resolution No. 51. - 3 - COMMUNICATIONS No. 211 - Association of Municipalities of Ontario (AMO) - Re: 1990 Annual AMO Conference - August 19th to 22nd, 1990, Royal York Hotel, Toronto. The communication provides information regarding the Conference. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed, and interested Council members notify the Clerk's office. Carried Unanimously. No. 212 - Club Itslie - Re: Proposed Fireworks Display - July 8, 1990, Club Italia on Bentrose Road. The communication requests permission to hold the proposed fireworks display. ORDERED on the motion of Alderman Orr, seconded by Alderman cummings, that the request be approved subject to established policy. Carried Unanimously. See ResolutiOn No. 50. No. 213 - Province of Ontario, Office for Disabled Persons - Re: community Action Awards. The Information for council communication requests nominations for Community Action Awards. ORDERED on the motion of Alderman Cummings, seconded by Alderman SIr, that Alderman Paisley Janvary be nominated, through a resolution, to receive an Award for her efforts over the years, and that the matter be referred to the Recreation Department for the application process. Carried Unanimously. See Resolution No. 52. Strategic Economic Development Mr. Rob McLeod, President, Niagara Falls Economic Development Agency, reviewed the Agency's Strategic Economic Development Planning Session Summary, including Key Issues, Strengths and Weaknesses; Suggestions regarding Key Issues; and Summary of GOals and Objectives. He expressed appreciation to Alderman campbell, who acted as Facilitator; discussed the plant tour of Lubrizol at the last meeting of E.D.A.; and advised that quarterly reports would be included in the Council agenda in future. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and filed, and that the goals be addressed on an ongoing basis. carried Unanimously. UNFINISHED BUSINESS ANCIENT CHINESE VILLAGE STATUS - PD-90-105 - Chief Administrative officer - Rat Status Report on Application to Amend Zoning By-law, Ancient Chinese City Development Co=potation, FIle AM-39/89. The report recommends the following: 1) That Council confirm July 23, 1990 as the date of Public Meeting to consider the proposal and reports of the Ancient Chinese city Development Corporation; That a copy of this report be circulated to the agencies with a request for formal comments; 4) that the report be received and adopted. That staff prepare the necessary reports for the Public Meeting addressing the issues contained in this report; and ' That the applicant be notified accordingly. ORDERED on the motion of Alderman Hlnspergert seconded by Alderman Ward, Carried Unanimously. REPORTS PD-90-106 - Chief Administrative OffiCer - Re: Zoning Amendment Application AM- 24/89, K. DeGiorgio (Mount carmel North Subdivision), Determination of need for Further Public Meeting. The report recommends the following: l) That City Council, prior to the passing of the amending by-law for the Mount Carmel North Subdivision, determine by resolution, in accordance with Section 34(16) of the Planning Act, that changes to the proposal after the holding of the Public Meeting will not require the giving of a further notice; 2) That Council enact the a~nending by-law in accordance with Section 34(17) of the Planning Act for the development of the Mount Carmel North Subdivision. ORDERED on the motion of Alderman SIr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See ReSO~utlon N~. 49, See By-laW No. 90-~65 B-90-48 - chief Administrative officer - Re: Site PlanApproval - Proposed PlaCe of Worship, Temporar~ Period of Time, Falls Family Church; West Bide Mewburn Road/South of Mountain Road; Former Site of Jimmy Swaggait Ministries. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed temporary place of worship at the former site of Jimmy Swaggait Ministries, and that the site plan being drawing Number I and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 14, 1990, be approved subject to the conditions outlined in the report. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell; Cowan, Harrinpton, sir, Sherat and Ward. NAYE: Aldermen Cummings, Hendershot~ Hinsperger and Janvary. · e 4 - 4 - B-90-49 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Boston Plzza & Retail Uses North West Corner of Lundy's Lane & Leonard Avenue; AM-25/89, By-law 89-318. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed commercial building, and the site plan being drawing Number A1, and the site plan mechanical being drawing Number M1 of i and the site plan electrical being drawing Number E1 of i and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 1, 1990, and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Hinsperger, err, Sherat and Ward. NAYE: Aldermen Herrington and Janvary. CD-90-32 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, · Muller Industrial Park'; File: 26T-90003; Owner: Henry Muller, et el. The report recommends that the City Clerk be authorized to process the Application for the 'Muller Industrial Park' Subdivision and that a Report be prepared for Council's further consideration of this Plan based on technical information received, public input, etc. Alderman Ward declared a conflict of interest because he has a business interest. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. MW-90-142 - Chief Administrative Officer - Re= Permanent Easement Required by Regional Niagara for a 200m m(8') Sanitary Forcemain Servicing the seneca Street Pumping Station. The report recommends that Council pass the by-law appearing on tonight's agenda authorizing the City to transfer a permanent easement to Regional Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. carried Unanimously. See By-law No. 90-171. MW-90-143 - Municipal Works Committee - Re: Committee Reports D&sign of DennLs Lane Roadway. The report recommends that Dennis Lane be reconstructed to · six metre pavement width, with 0.5 to 1.0 metre wide gravel shoulders, depending on the width that can be accommodated without damaging the existing trees. ORDERED on the motion of Aldemmen Hinsperger, seconded by Alderman Marrington, that the report be received and adopted. Carried Unanimously. MW-90-144 - Municipal Works Committee - Res Committee Report Update on the W- 5-1 Watercourse Improvement Project and Proposed Watercourse Policies and Procedures. The report recommends that the City adopt the following draft guidelines for watercourse designs in urban residential areas, and that these guidelines be incorporated into the improvements to the W-5-1 watercourse: 1) A paved low-flow 1.5 metre (5 foot) wide concrete invertJ 2) Minimum 4 to 1 grassed sideslopes and flatter where achievebiaS. A minimum 3 to 5 metrag (10 foot to 16 foot) wide flat greased plateau area at the top of each slope for maintenance and recreational uses 4) The paved invert shall accommodate the base flowl S) The main channel shall accommodate Regional intensity storm events; 5 Grass mowing of the plateaus and upper portions of sideslope areas at least four times per growing season (June, July, August and September); and 7) Grass mowing of the lower portions of sideslope areas two times per season (July and september). ORDERED on the motion of Alderman Hinsperger, seaended by Alderman Cummings, that the report be received and adopted. Carried Unanimousl . MW-90-146 - Municipal parking COmmittee - Re: Committee Report: criminal Hall of Fame - Parking Meter Relief. The report recommends that the request from Mr. J. Lombardi (Criminals Hall of Fame, 5751 Victoria Avenue) to park an "old Fashioned car' in a metered space in front of his business from June 15 to September 15, 1990, at a cost Of $637.00, be approved. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hineperger, that the report be received and adopted. Carried Unanimously. MW-90-147 (HANDOUt) - Chief Administrative Officer - Re: Subdivision Agreement for Mount Carme1 Ext. 2 Subdivision. The report recommends that ~he by-law on tonight's agenda, authorizing the execution by the City of the Subdivision Agreement, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-169. F-90-38 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $764,423.35 for the period ending June 18, 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. 59521 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque Nee. 59338 and 59339 because a member of his family is employed with the Company. Additional information was provided on Cheque Nee. 59310 and 59305, and Cheque No. 59461 was cancelled. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the report be received and adopted, with the exception of Cheque No. 59461. The motion Carried with Aldermen Campbell, and Hlnsperger abstaining from the vote on conflicts of interest and cheque Numbers previously recordadS and with all others voting in favour. ~ee By-~aw No. 90-172. CD-90-36 - Chief Administrative officer - Re: Purchase of Mechanized Filing Unit. The report recommends that Council authorize the purchase of a Remington Rand Kardex Series 80, Model #7550040A Mechanized Filing Unit, from McCulloch Office Systems Ltd., at a total cost of $25,988.04. ORDERED on the motion of Alderman Ward, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. CD-90-37 - chief Administrative Officer - Re: AM-42/89, Restricted Area By-law 90-125, Bruce Woodcock, 4746 & 4748 Epworth Circle. The report recommends that Council reaffirm its approval of By-law 90-126 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 Ward, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. - S - RESOLUTION No. 49 - eRR - 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-lawAmendment (AM-24/89, Karen DeUiorgio, Mount Carmel North Plan of Subdivision), are minor in nature and do not require giving any further notice] AND the seal of the Corporation be hereto affixed. Carried Unanimously. No. SO - ORE - CUMMINGS - RESOLVED that in accordance with Section 12 of By-law No. 70-86 as amended, that permission is hereby granted to Club Itslie to hold a fireworks display on property owned by the said club, located at the corner of Montrose Road and Kalar Road, on July 8, 1990 between the hours of 4:00 p.m. and 10:00 p.m./ AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 51 - WARD - BINSPEROER -RESOLVED that the council endorse the factory outlet proposal, submitted by Etac Properties, to be located at the southeast corner of McLeod Road and the Q.E.W., in principal, and recognizes the project as a bona fide tourist attraction; AND FURTHER, that the Regional Municipality of Niagara be requested to provide enabling legislation under the Retail Business Holidays Act which will permit Sunday shopping at this facility] AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Janvary and Shetar voting contrary and with all others voting in favour. No. 52 - CUMMXNGS - eRR - RESOLVED that WHEREAS Alderman Paisley Janvary has, over the years, been outstanding in her efforts to assist disabled residents in the community] NOW THEREFORE BE IT RESOLVED that Alderman Janvary be nominated to receive a Community Action Award] AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 1 ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 90-163 - A by-law tea mend By-law No. 79-200, as amended. (AN-03/90 Mottola's Car Sales). NO. 90-164 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection B of section 40 of the Planning Act, 1983. (AM-03/90 Mottola's Car sales, 8379 Lundy's Lane] Report PD- 90-34 approved by council March 12, 1990). NO, 90-165 A by-law to amend By-law No. 79-200, as amended. (AM-24/89 X. DeGiorgio] Pt. Twp. Lots 46 & 53, Mount carme1 North; Report PD- 89-151 approved by Council october 16, 1989). NO, 90-166 - A by-law tea mend By-law No. 79-200, ass mended. (AN-52/88 & OPA No. 178, 687876 Ontario Ltd.; Report PD-89-02 approved by Council January 16# 1989). No, 90-167 - a by-law to amend By-law No. 79-200, as amended. (AM-0S/90 lemmolo 8 8ons Ltd., Lamplighter Motel; Report PD-90-57 .approved by Council April 9, 1990). - 7 - No. 90-168 - 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-05/90 Iemmolo & Sons Ltd., Lamplighter Motel). No. 90-169 - A by-law to authorize a subdivision agreement with River Realty (1976) Inc. respecting Mount Carmel 2 Plan of Subdivision. No. 90-170 - A by-law to authorize an agreement with Gold Lion Development Corporation et al respecting the sale of Lots 21 and 22, R.P. M- 67. (Falls Industrial Park Ext.). No. 90-171 - A by-law to authorize an easement in favour of The Regional Municipality of Niagara. (Lot 65, Plan 328, and Pt. Lots 23 & 24 Plan 292, being Pt. 2 R.P. 59R-6360). No. 90-172 - A by-law to provide monies for general purposes. The motion Carried with Aldermen c~mpbell and Hinsperger abstaining from the vote on By-law No. 90-172, On conflicts of interest previously recorded under Report No. F-90-38; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the fellowing by-laws be now read a second and third time:. · No. 90-163 - A by-law to amend By-law No. 79-200, as amended. No. 90-164 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 90-165 - A by-law to amend By-law No. 79-200, as amended. No. 90-166 - A by-law to amend By-law No. 79-200, as amended. No. 90-167 - A by-law to amend By-law No. 79-200, as amended. No. 90-168 - 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. 90-169 - A by-law to authorize a subdivision agreement with River Realty (1976} Inc. respecting Mount Carmel 2 Plan of Subdivision~ Ne. 90-170 - A by-law to authorize an agreement with Gold Lion Development Corporation et al respecting the sale of Lots 21 and 22,.R.P. M- 67. (~alls Industrial Park Ext.). No. 90-17~.- ~ byelaw to authorize an easement in fayour of The Regional Municipality of Niagara. (Lot 65, Plan 328, and Pt. Lots 23 & 24 Plan 292, being Pt. 2 R.P. 59R-6360). No. 90-172 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 90-172, on conflicts of interest previously recorded under Report No. F-90-38; and with all others voting in fayour. -S - NEW BUSINESS ITEMS OF CONCERN: Letter from Gilbert A. Parent, MP - Alderman Cummings referred to the Handout communication from Gilbert A. Parent, M.P., regarding the'recent cuts by the Federal Government towards the Veterans of Canada, and suggested that the matter be deferred to the next meeting of Council. when Alderman Puttick was expected to be in attendance. News Item - Helicopters - Alderman Cummings discussed concerns regarding a recent newspaper item with respect to local helicopters. During the discussion it was pointed out that the article may have been referring to helicopters from Niagara Falls, New York. Parking on Portage Road Between Valleyway & Stamford St. Ext. - Alderman Sherat expressed concerns regarding vehicular parking on Portage Road between Valleyway and the extension of Stamford Street, the narrow roadway on a curve, a bridge, and frequented by ambulances and fire trucks. The Director Of Municipal Works was asked to contact the Region-for further information on this matter. N.H.L. Annual Draft - Junior 'A' Hockey - Alderman Cummings referred to the Annual Draft of Junior 'A' Hockey Players which had taken place last week-end, at B.C. Place Stadium in Vancouver, and suggested that a letter be forwarded, through Mayor Smeaton's office, expressing congratulations and bez.t wishes to Keith Primeau who has been drafted by the Detroit Red Wings, Brad May and Jason Winch who will be going to the Buffalo Sabres, and Andy Bezeau to the Boston Bruins. canadian Mental Health Association - Alderman Herrington discussed items considered at the Annual Meeting of the Canadian Mental Health Association on June 14th, 1990, and referred to previous action taken by Council to support a 'Clubhouse Model'. Mayor Smeaton asked that his office be provided with further information regarding this matter in order that a letter might be forwarded to the District Health council. ORDERED on the mction of Alderman Herrington, seconded by Alderman Shetar, that a letter be forwarded to the District Health Council from Mayor Smeaton's office. Carried Unanimously. Official Plan Changes in Niagara Falls - Alderman Herrington referred to the meeting of the BILD committee held June 14th, 1990, and the presentation by the Mencurable John Sweeney, Ministry of Housing. It was moved by Alderman Ward, seconded by Alderman Hendershot, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, TWENTY-FOURTH MEETING COMMITTEE OF THE WHOLE committee Room #1 June 25, 1990 council met on Monday, June 25, 1990, at 7:00 p.m., in Committee of the Whole. All members of Council, with the exception of Aldermen campbell and Cowan who were at graduation exercises, Alderman Hinsperger who was attending a wedding, and Alderman Ward who was absent on business, were in attendance. Alderman err presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. REGULAR MEETING council Chambers June 25, 1990 council met on Monday, June 25, 1990, at 7:30 p.m., for the purpose of considering regular business. All members of Council, with the exception of Aldermen Campbell and cowan who entered the meeting late because they were attending graduation exercises, Alderman Hinsperger who was attending a wedding, and Alderman Ward who was absent on business, were in attendance. His Worship Mayor Smeaton presided as Chairman. Alderman err offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the minutes of the meeting held June 18th, 1990, be adopted as printed. carried Unanimously. DEPUTATIONS SUBDIVISION ~GRE~S & SODDING: Mr. Brian Davis, 6509 Laguna Court; Bill Krahn, 6482 Malibu Drive; John Watson, 6546 Laguna Court; and Murray Very, artended the meeting to express their concerns regarding the inadequacy of sodding around homes in the Rainbow Gardens Subdivision. They advised Council that it had been their understanding, when the homes were purchased, that sodding would be completed to the sidewalks or curbs. During the discussion, the residents were apprised of the City's long standing policy not to sod boulevards, particularly in the case of new homes. It was pointed out that the Subdivision Agreement was registered on title for the purpose of advising all purchasers of the policies of the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the matter be referred to Staff to convene a meeting between the homeowners and the developer, Frank Sylvester, in order to resolve the matter. Carried Unanimously. 2 REMOVAL OF TREE - ORCHARD AVENUEz Communication No. 214 - Demonic Armanti - Re~ Tree Removal. The communication requests permission to address council regarding the removal of a tree on Orchard Avenue, and pertaining to property owned by Domenic Armenti, at 5999 Dunn Street. Mr. Armenti was unable to attend the meeting, and was represented by Peter Murray. He referred to limbs falling from the tree during storms and creating a hazard for tenants at the aforementioned address. The Director of Municipal Works etated that the tree had been inspected, trimmed, and reinspected, a core sample had been taken. He further stated that this was a healthy tree, and therefore, did not fall within the City policy for removal. Alderman campbell entered the meeting. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that a letter be forwarded to Mr. Armenti from Mayor Smeaton's office, providing information regarding the City#s policy regarding the removal of trees, and adviping that Council had decided not to have the tree removed. Carried Unanimously. RXGHT-OF-WAY/LYONE PARKWAYS Communication No. 215 - Petition from Concerned Residents - Rez Right-of-way. The communication requests the City of Niagara Falls to enact legislation making the right-of-way, known as Lyons Parkway, a public road. Mr. Ron Phillips, 8366 Aries Court, addressed council on behalf of the petitioners, expressing concerns regarding the condition of the roadway and requested that consideration be given to declaring this a public road. ORDERED on the motion of Alderman err, seconded by Alderman Hopkins, that the matter be referred to Staff for a report. Carried Unanimously. UNFINISHED BUSINESS FINANCIAL ASSISTANCE TO VETERANS IN LONG TERM CARE HOSPITALSI Communication No. 2lEA - Oilbert A. Parent, M.P., Welland-St. Catharines- Thorold/Riding - Rex Veterans of Canada. The communication ~ttaches a copy of Standing Order 31 regarding measures taken to cut financial assistance to Canadian veterans residing in long-term care hospitals. -AND - Communication No. 216B - Rob Nicholson, M.P. - Rex Veterans of Canada. The communication attaches a news release on the increase in board and lodging charges for veterans in institutions. ORDERED on the motion of Alderman Puttick, seconded by Aidamman Cummings, that a letter, through Mayor 8meaton's office, be forwarded to Rob Nicholson, M.P., with a copy to Mr. O. A. Parent, M.P., advising that the result of action taken was not satisfactory, and asking that the matter be returned to the legislature far further action· Carried Unanimously. Alderman COwan entered the meeting. NIAGARA REGION REVIEW COMMXBBXONs Report No. C-90-10 - Ad Hoe Committee - Rez Niagara Region Review Commission. The report recommends that the members of Council review the recommendations contained in the attached draft submission of the Special Ad Hoc Committee, established to review and report to Council on the recommendations contained in the report of the Niagara Region Review Commission, and further, that the members of council be asked to submit their concerns to the City Clerk within two weeks in order that a final report can be submitted to the Ministry of Municipal Affairs. 3 ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the report be received and adopted, and follow-up on Section 6. Carried Unanimously. COMMUNICATIONS No. 217 - Greater Peterborough Economic Council (OPEC) - Re: Controlled-Access Highway Network. The Communication attaches a study which recommends construction of a new multi-lane network linking most areas of the Province, and requesting comments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the communication be received and referred to Staff for a report. Carried Unanimously. No. 218 - Friends of the Earth - Re: Environmental Problems. The communication encourages Council to pass a by-law regulating the use of ozone depleting substances. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the communication be referred to the Environmental Planning &Greening Committee. Carried Unanimously. No. 219 - Town of Fort Erie - Rez Zoning By-law No. 129-90. The communication is a copy of Notice published in the newspaper regarding the above named by-law for the Town of Port Erie, being a notice of appeal to be filed not later than July 2, 1990. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the communication be referred to the Planning Department for comments. Carried Unanimously. No. 220 - Association of Municipalities of Ontario (INS) - Re: Nominations for 1990-91 A.M.O. Board of Directors. The communication requests nominations for the Board. Alderman Herrington offered to act on the Board. ORDERED on the motion of Alderman campbell, seconded by Alderman Hopkins, that Alderman Herrington be nominated to the A.M.O. Board of Directors. Carried Unanimously. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. See Resolution No. 53. No. 221 - Regional Municipality of Niagara - Rez Niagara Environmental Award. The communication advises that A1 and Penny Oleksuik were presented with the Niagara Environmental Award on June 7th, 1990. ORDERED on the motion o~ Alderman err, seconded by Alderman Sherat, that the communication be received and filed. Carried Unanimously. No. 222 - Regional Niagara Public Works Department - Ro~ Request for Removal of Taxi Stand, Niagara Road 39 (0lifton Hill). The Communication refers the request by Hoco Limited, for removal of the taxi stand on Clifton Hill, to the City of Niagara Falls for a response. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be referred to the Parking Committee for comments. Carried Unanimously. No, 223 - Regional Niagara Public Works Department - Res Construction Progress Report to May 31, 1990. The communication attaches Report DEP-3113 for the information of Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. 4 - 5 - No. 224 - Minister of Municipal Affairs - Rex Bill 152, An Act to Amend the Municipal Act and Certain Other Acts Related to Municipalities. The Communication requests comments regarding the proposed amendments to the Act with respect to meetings of Municipal Council and local Boards, and disposal of Huniclpal assets. ORDERED on the motion of Alderman Campbell, seconded by Alderman Herrington, that the communication be tabled for 2 weeks. carried Unanimously. 3) the application pre-empts Council#s Official Plan review program for development in the rural area and the update of consent policies~ and 4) by not registering an appeal, a precedent will be set for future. Mr. Brian Sinclair, Solicitor, was in attendance to respond to questions raised. No. 225 Minister of the Environment Rez LifeLines Projects. The communication confirms grant allocations during the 1990/91 fiscal year, for the chippaws Pilot Project. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the communication be referred to Staff to provide a reply. Carried Unanimously. During the discussion, Alderman Hendershot referred to his request, a few weeks ago, with respect to agricultural lands. It was moved by Alderman Harrington, seconded by Alderman Hopkins, that the report be received and adopted. The motion was Defeated with the following vote: No. 226 - Mountain Road Landfill Public Liaison COmmittee - Rex Approved Minutes of the Mountain Road Landfill Public Liaison Committee. ORDERED On the motion of Alderman cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. AYEs Aldermen Harrington, Hopkins, Janvary and Puttick. NAYE: Aldermen Campbell, Cowan, Cummings, Hendershot, err and Shetar. ORDERED on the motion of Alderman Cowan, seconded by Alderman err, that the report be received and filed. The motion Carried with the following vote: No. 227 - Hands Fireworks Inc. - Re: Niagara Parks Commission 1990 canada Day Fireworks Display# near Table Rock. The communication requests permission to hold the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the request be approved subject to established policy. Carried Unanimously. See Resolution No. 54. No. 228 - St. Oeorge Church Voice of canadian Barbs - Rex Serbian Cultural Picnic - June 29 to July 1, 1990. The Communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman err, seconded by Alderman Puttick, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the St. George Church Voice of Canadian Serbs, in conjunction with its Serbian Cultural Picnic, to be held June 29th, and 30th, and July let, 1990, 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 Ontariol and subject to the noise level from the audio system be so arranged as to not impact on the neighbourhood. Carried Unanimously. REPORTS HR-90-18 - Chief Administrative Officer Rex Administrative Procedure - Employment. The report recommends that the attached administrative procedure, dealing with employment, be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Bendershot, that the report be received and adopted. Carried Unanimously. He-90-19 - Chief Administrative Officer - Rex Employee Suggestion Awards. The report advises that the Employee Suggestion Committee met on June 4, 1990, and recenthands that the suggestions enumerated in the report, be approved by Council. ORDERED on the motion of Alderman Cun~lnge, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-90-I08 - Chief Administrative officer - Rat consent Applications B-106/89 to B-109/89 Inclusive - Garry Gunning; and B-348/88, Brian Sinclair. The report recommends that Council appeal the decision of the Regional'Lend Division Committee to the Ontario Municipal Board for Consent Application B-348/88 on the following groundss 1) the application represents the first of its kind to further subdivide lots created through the testamentary devise process or checkerhoarding schemes the application contradicts current Official Plan policies to maintain the physical estting and rural character of the areal AYE~ Aldermen Campbell, Cowan, Cununings, Hendershot, err and Sherar. NAYEz Aldermen Herrington, Hopkins, Janvary and Puttick. PD-90-111 - Chief Administrative Officer - Re: The City's Strategy for the Ontario Hydro Sir AdamBeck 3 and Transmission corridor Environment Assessments. The report provides a status update with respect to the strategy for the Ontario Hydro project, and recommends that Council receive the report for information. Aldermen cummings and Sherat declared conflicts of interest because their employer is involved in the project. ORDERED on the motion of Alderman Herrington, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Cummings and sherat abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. B-90-46 - Chief Administrative Officer - Re: A By-law to Appoint Inspectors Under the Building Code Act. The report recommends that the by-law appearing on tonight's Council agerids, to appoint inspectors under the Building Code Act, be passed. Alderman Janvary declared a conflict of interest because a member of her family is involved. Alderman err declared a conflict of interest because a member of her family is involved. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Aldermen Janvary and err abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. See By-law No. 90-175. B-90-47 - Chief Administrative Officer - Rex A By-law to Appoint Municipal Inspectors to Inspect Plumbing. The report recommends that the by-law appearing on tonight's Council agenda, to appoint Municipal inspectors to inspect plumbing, be passed· Aideman err declared a conflict of interest because a member of her family is involved· - 6 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. See Bv-Iaw NO. 90-174. B-90-S1 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 31 Unit Apartment Building; Bast Side Mostrose Road, North of Thorold Stone Road; AM-5/89, By-law Nee. 90-94 and 90-95. The report recommends that the Council approve the site plan(s) on display at tonight,s meeting, being a proposed 31 unit residential apartment dwelling, and the site plan being drawing Number A- 01, and the site servicing and grading plan being drawing Number 5310-SSGP and filed with the Buildings and Inspections Department of the City of Niagara Fails On May 23, 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. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. The motion Carrie~ with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in faycure MW-90-141 - Business Park Committee - Re: Design of Pumping Station and Forcemain, Mostrose Business Park. The report recommends that a consulting Services Agreement be entered into with Proctor & Redfern Limited, to carry out this design, at an upset limit cost of $210,900.00. Aldermen Cumminge and sheEar declared conflicts of interest because their employer is involved. During the discussion, a progress report was requested with respect to the Mostrose Business Park, to include cost and interested businesses. 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 conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cowan, Herrington, Hendershot, Hopkins and Janvary. NAYE~ Aldermen err and Puttick. Pollowing further discussion, it was moved by Alderman Harrington, seconded by Alderman Cowan, that a report be submitted at the next meeting of Council, and further, that Mr. Chuck Chataway, Director of Economic Develolxnent, be invited to attend the Committee of the Whole session prior to the Council meeting, to submit a report on possible purchasers. The motion Carried with Aldermen Cummings end sherat abstaining from the vote on conflicts of interest previously recorded, and with all others voting in favour. MW-90-149 - chief Administrative Officer - Rot Contract 90-104 - W-5-1 Watercourse Improvements from Mostrose Road to Kalar Road, The report recommends the followingx l) That the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Ltd., be accepted and this contract be awarded subject (a) receiving approval from the Niagara Peninsula ConServation Authority; (b) financing from the Expansion and Renewal Fund be approved for this proJeot~ That the draft guidelines for watercourse design procedures as presented in MunicIpal Works Report Nos. MW-90-137 and MW-90-144 be reviewed and modified as required in consultation with the Clty's Environmental Planner and Invirommental Planning and Crashing CommitSeel 7 3) That the construction of the W-S-I Watercourse take into consideration any modifications which will minimize the disruption to the existing treed wooded areas, in consultation with the Environmental Planner, Parks and Recreation Department, and Engineering Department. Miss Jean Grandeel, 4810 Garner Road, was granted permission to address counc£1 on the motion of Alderman Hopkins, seconded by Alderman Janvary. Miss Grandeel expressed concerns regarding the report in relation to the recommendations in the Shriner#s Creek Study, the proposed concrete base, and the effect on the environment. She pointed out the importance of wetlands with respect to the environment, and referred to other countries which were attempting to resolve environmental problems. The Deputy Director of Municipal Works explained engineering details regarding the recommendations, and provided information with respect to the comparative results of a concrete vs. grass bottom in the watercourse. It was moved by Alderman Harrington, seconded by Alderman Hopkins, that the report be received and adopted, subject to a change in the concrete base of the watercourse. The motion wae Defeated with the following vote: AYE: Aldermen Campbell, Barrington, Hendershot and Hopkins. NAYE: Aldermen Cowan, Cummings, Janvary, err, Puttick and Shetar. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Cummings, Janvary, err, Puttick and Sherat. NAYE: Aldermen Campbell, Harrington, Headershot and Hopkins. See By-law No. 90-176. MW-90-151 - Chief Administrative Officer - Re: Purchase of Print Shop Offset Press and collator. The report recommends that council authorize the purchase of a Multigraphics Tcs/System 7 offset press and a two bin sorter with a Turbo Feeder from A.M. International, at a total cost of $51,800.00. ORDERED on the motion Of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. MW-90-152 Municipal Works Committee Re: Committee Report: Landfill Compactor. The report recommends that a new caterpillar 8168 Landfill Compactor be purchased from trothers Limited, at a cost after trade-in, of $264,816.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. carried Unanimously. F-90-39 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $9,709,920.23, for the period ending June 25th, 1990, be approved by the passing of the by-law appearing later on the ageads. Aldermen Headershot and Janvary declared conflicts of interest on Cheque No. 59681 because they are employed by the Board. Additional information was provided on Cheque Nos. 59700 and 59723. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter of conference expenses be referred to the Finance Committee to set guidelines. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Sherat, that Cheque No. 59676 be cancelled. Carried Unsnim0uelv. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report, with the exception of Cheque No. 59676, be received and adopted. -8 - The motion Carried with Aldermen Hendershot and Janvary abstaining from the vote on cheque No. 59681 on conflicts of interest previously recorded, and with all others voting in favour. See By-law No. 90-177. 8-90-12 - Chief ~dsinis~rative officer - Res The Establishment of Certain Lands as Public Highways. The report recommends that Council approve the by-law on this evening's agerids that would establish the following lands for Public Highway purposesz 1) Part 3 on Reference Plan 59R-6484 to become part of Kalar Road~ 2) Part 1 on'Reference Plan 59R-6934 to become part of Buchanan Avenue. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherat, that the report be received and adopted. carried Unanimously- RESOLUTIONS No. 53 - CAMPBEIJ~ - HOPKINS - RESOLVED that approval be granted by the City Council of the City of Niagara Falls, to nominate Alderman Margaret Herrington for the 1990-91 Association of Municipalities of Ontario Board of Directors7 AND the Seal of the Corporation be hereto affixed. Carried Unanimously- No. 54 - CUI~INGS - SHERAP - RESOLVED that in accordance with Section 12 of By- law No. 70-86, as amended, that permission is hereby granted to the Niagara Parks commission to hold a fireworks display on property owned by the Niagara Parks commission, located south of Table Rock, On July 1, 1990, at approximately 10~00 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. He. 55 - Ct/MMXNOS - 8~RAR - RESOLVED that Alderman Judy err be appointed Acting Mayor for the period July 7th to July 14th, 1990, during the absence of His Worship Mayor William Smeaton~ AND that Alderman Bruce Ward be appointed Acting Mayor for the period July 15th to July 22nd, 1990, durlng the absence of His Worship Mayor William Smeaton$ AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 56 - JANVaRY - eRR - RESOLVED that the City Council of the City of Niagara Falls support the concerns of citizens with respect to the parking of vehicles on Portage Road between Valleyway and Stamford Street, and request the Regional HunicIpality of Niagara to take expeditious action to remedy this hazardous situstion] AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Cowan, that leave be granted to intEoduce the following by-laws, and the by-laws be read a first timel He, 90-173 - a by-law to establish certain lands as pert of Kalar Road and pert of Buchanan Avenue, being public highways. Nn. 90-171 - A by-law to appoint municipal inspectors to inspect plumbing. No. 90-175 - A by-law to appoint s chief building official and inspectors under the Building Code Act, 9 No, g0-176 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for W-5-1 watercourse improvements from Meritrose Road to Kalar Road. No. 90-177 - A by-law to provide monies for general purposes. The motion Carried with Alderman err abstaining from the vote on By-law Nee. 90- 174 and 90-175 on a conflict of interest previously recorded under Report Nos. B-90-46 and B-90-47; with Alderman Janvary abstaining from the vote on By-law No. 90-175, on a conflict of interest previously recorded under Report No. B- 90-465 with Aldermen Campbell, Herrington, Hendershot and Janvary voting contrary on By-law No. 90-176, as previously recorded under Report No. MW-90-149; with Aldermen Hendershot and Janvary abstaining from the vote on By-law No. 90-177 on conflicts of interest previously recorded under Report No. F-90-39; 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: 90-173 - A by-law to establish certain lands as part of Kalar Road and part Of Buchanan Avenue, being public highways. No. 90-17t - A by-law to appoint municipal inspectors to inspect plumbing. No. 90-175 - A by-law to appoint a chief building official and inspectors under the Building Code Act. No. 90-176 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for W-5-1 watercourse improvements from Montrose Road to Kalar Road. He. 90-177 - A by-law to provide monies for general purposes. The motion Carried with Alderman err abstaining from the vote on By-law Nee. 90- 174 and 90-175 on a conflict of interest previously recorded; with Alderman Janvary abstaining from the vote on By-law No. 90-175, on a conflict of interest previously recorded; with Aldermen Campbell, Herrington, Hendershot and Janvary voting contrary on By-law No. 90-176, as previously recorded; with Aldermen Hendershot and Janvary abstaining from the vote on By-law No. 90-177 on conflicts Of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONC~RNI Unsafe COndition/university Ave. & PeStle Alderman Cummings discussed the unsafe traffic conditions in the area of University Avenue end Pettit Street, at 4984 University Avenue, with bushes growing to the sidewalk. He stated that the bushes were 4 feet high, in accordance with the by-law, but stated that children on the sidewalk and bicycles could not be seen by the driver of cars backing from the driveway. He'asked that this matter be referred to Staff for investigation and a report. canida COacb/orey COach Drivers - Parking - Aldermen Hendershot referred to the concerns expressed at the June 4th, 1990, meeting of City Council with respect to the payment of a parking fee to the Nlagsra~ Erahalt by some drivers, and the request for a solution to the situation. Mr. WllliamJ. Csrey, a driver for Canada Coach Lines, was in attendance. He stated that 3 employees paid $15.00 per month for parking, that there were 30 parking spaces and only 10 cars using the facilities. Mr. Carey discussed the difficulties encountered in parking on the street. - 10 - His Worship Mayor Smeaton advised that the situation had been considered at the Niagara Transit Commission meeting earlier on this date, and that the matter would be investigated and a report submitted as soon as possible. TWENTY-FIFTH MEETING COMMITTEE OF THE WHOLE During the discussion, it was pointed out that free parking facilities were offered behind the Guardian Drug Stores On Queen street. committee Room #2 July 9, 1990 HoMer Blockade - Alderman Campbell informed Council that he had been informed, by a business person in Buffalo, Of an expected major truck blockade at the border later this week. Parking/Portage Read - Alderman Janvary advised that the concern raised by Alderman Sherat at the last meeting of City Council, with respect to parking of vehicles on Portage Road between Valleyway and Stamford Street, had been discussed with members of the Regional Municipality. She stated that Con Eidt, Director of Engineering at the Region, had suggested that a resolution from Council would be helpful. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that a resolution be forwarded to the Regional Municipality of Niagara, requesting that expeditious action be taken to resolve the situation. Carried Unanimously. See Resolution NO. 56, Manhole/Maintenance Mole - Alderman Puttick advised council that in Sacramento, California the name 'manhole' had been officially changed to 'maintenance hole', a non-sexier term. Ontario Arenas Association Convention - Alderman Puttick referred to the above mentioned Convention held for five days last week, and Staff members who had artended, as well as the change of name to the Ontario Recreation Facilities Corporation. He discussed the anticipated attendance in 1991 at the Convention to be held in Niagara Falls. The Deputy Director of Parks & Recreation discussed the name change, the promotional activities of Niagara Falls at the Conference, and expectations for the Conference in this City next year. Xnviro~ment Da~ - Alderman Hopkins discussed the activities which had taken place to make Environment Day a success in the area, and the large number of home Compostere which had been sold. Canada Day - July 1, 1990 - Alderman Janvary invited all members of Council to attend, and participate in Canada Day activities scheduled for Sunday, Jul), let, 1990. She distributed Canada Day buttons. Xt was moved by Alderman Herrington, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. SMEATON Council met on Monday, July 9th, 1990, at 6:00 p-m., in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton who was on vacation, were present. Alderman Puttick presided as chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, REGULAR ~C~ MAYOR JUDY eRR Council Cheers July 9th, 1990 Council met on Monday, July 9th, 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 on vacation, were present. Acting Mayor Judy Orr presided as Chairman. Alderman Ward offered the Opening Prayer. ADOPTION OF MINUTES During a discussion regarding the minutes of the meeting held June 25th, 1990, it was agreed that Alderman Ward, who had been absent during the meeting, had not stranded the function referred to under cancelled Cheque No. 59676. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the minutes of the meeting held June Seth, 1990, be adopted as printed. Carried Unanimously. DEPUTATION LXGHT=NG - GRANDVIEW RIVER COmmunication No. 229 Frank Freeze - Re: Street lighting requesting permission to address Council regarding street lighting services in Grandview River Estates. Mr. Franze advised Council that the preference of current homeowners and prospective purchasers of homes in the Grandview River Estates was to utilize their own lighting for the homes. He advised that a communication from Niagara Fells Hydro had indicated agreement with overhead lighting, with taxpayers being held responsible for maintenance, and further advised that the Niagara Parks Commission had expressed no concern with respect to lighting. During the discussion, the Director of Municipal Works advised that Staff would net be in support of 'taking cut lighting all together". ORDERED cn the motion of Alderman Hopkins, seconded by Alderman Hiesperger, that the matter be referred to Staff to'complete negotiations with the developer for a compromise solution of one light per two lots, and further, that funds be placed on deposit with the City to cover the cost of lights normally required in subdivisions and included in the terms of the Subdivision Agreement. Carried Unanimously. ~2 - UNFINISHED BUSINESS GENDER-NEUT~ Z~&NGUAGE - Report No. CD-90-40 - chief Administrative Officer - Re Use Of Gender-Neutral Language. The report recommends that all Departments of the city of Niagara Falls adopt the use of non-gender specific language whenever possible in their daily operations, correspondence and reports. ORDERED on the motion of Alderman Campbell, seconded by Alderman cummings, that Mrs. Judy Wade, 3693 Wiltshire Boulevard be granted permansion to address Council. The motion Carried with the following vote: AYE: Aldermen campbell, cummings, Herrington, Headershot, Hinsperger, Hopkins, Janvary and Puttick. NAYE: Aldermen Cowan, Sherat and Ward. -Mrs. Wade expressed the hope that Council would take specific action, and suggested methods of implementing the decision made in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted, and further, that the use of non-gender specific language be implemented without undue hardship on Staff. Carried Unanimously. - 3 - ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the report be received and filed, and further, that the matter be referred to Staff for additional information, and the negotiation Of a possible purchase price for Brights' property. carried Unanimouelv. COMMUNICATIONS No. 230 - Ted Bauer, Chai~man, Man-A-Mile Committee - Re: Man-A-Mile Relay Race - Monday, October 8, 1990. The communication requests permission to hold the event, and asks that Mayor 8meaton or his representative present the award at Oakee Park. ORDERED on the motion Of Alderman cummings, seconded by Alderman Sherat, that the requests be approved subject to all other necessary approvals being obtained. Carried Unanimously. No. 231 - Regional Niagara Office of the Clerk - Re: Reversion of land to city of Niagara Falls. The communication advises of a reversion of a portion of Niagara Road 108 (Portage Road) to the City of Niagara Falls, and attaches Report DEA-378, Item 12. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that the communication be received and referred to Staff. Carried UnanimoVsly. BILL 152/AN ACT =0 AMEND THE MUNICIPAL ACT - Report No. CD-90-41 - chief A~ministrative Officer - Re: Sill 152, An Act to Amend the Municipal Act and certain Other Acts Related to Municipalities. The report recommends the following: 1) That City Council receive the background data contained in end attached to this Report for information, and Staff be directed to respond to the Ministry of Municipal Affairs with any concerns which may be expressed ae a result of the additions proposed to Bill 152] 2) That Staff be instructed to take appropriate steps tO take our current Policy on the sale of Municipal property and place it in a by-law form to reflect the new legislation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the report be received and adopted. Carried Upanimouslv. EXTENSION OF WATEPJ4AIN/MEWBURN ROAD - Report No. MW-90-154 - Municipal Works Committee - Re: Extension Of Watermain Along Mewburn Road/Concession 6. The report recommends that approval in principal be granted to the extension of a watermain along Mewburn Road/Concession 6, from Mountain Road into Niagara-on-the-Lake, to the existing watermain Just north of Highway 405~ subject to all landowners paying their share. It was moved by Alderman Campbell, seconded by Alderman Janvary, that the report be received and adopted. The motion was Defeated with the following votes AYEs Aldermen campbell, Cummings, Headershot, Janvary and Ward. NAYE: Aldermen cowan, Marrington, Hlnspsrger, Hopkins, Puttick and Sherat. A discussion followed regarding future septic problems and requests for sewers] ~oteble water for the area~ the need for approvals from the Niagara Escarpment Commission, Niagara Peninsula Conservation Authority, Ministry of the Environment and the Regional Municipality of Niagara~ and the possible purchase of Bright's land in the subject area, No. 232 - Regional Niagara PUblic Works Department - Re: Water/Sewage Flows by Municipality for May 1990. The communication attaches Report DEP-3128 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 233 - Regional Niagara Office of ~he Clerk - Re: First Quarter 1990, Building Permit Activities. The communication attaches Report DF-90-85 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman campbell, that the communication be received and filed. Carried Unanimously. NO. 234 - Alderman Herrington - Re: Report of National Action Committee on the Status of Women (NAC). The communication provides information with respect to the 8th Annual meeting of NAC held from May 11th - 14th, 1990, in Null, Quebec. During the discussion, Alderman Harrington stated that the NAC group would obtain a copy of the remarks of Jean Swanson, End Legislated Poverty Group, Vancouver, B.C. It was suggested that representatives of the Regional Social Services, and/or Project S.N.A.R.E. be invited to attend a future council meeting and preeen~ statistical data with respect to welfare in this community. ORDERED on the motion of Alderman Sherat, seconded by Alderman cummings, that the communication be received and filed. Carried Unanimously. No. 235 - Harr~ A. Hill, Chairman, Executive Committee, Indian Defense League ~ of America - Res Annual Border Crossing Parade & Celebration - Saturday, July ~ 21St, 1990. The communication requests a Parade Permit. Mr. Harry Mill and hie daughter, Norsen, were in attendance to respond to ~uestions raised. They asked that the grass at Victoria Avenue and Bridge Street be cut, and further, that parade escorts be provided, in order to facilitate the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the re~ueet be granted subject to the approval of other authorities. Ca:tied Unanimously. No, 236 Russell Masterson Amateur Athletic Association Tournament - July 20 to ~2, 1990, Niagara South Arena. requests a Special Occalion Permit for the event. Re: Sic-Pitch The communication - 4 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Russell Masterson Amateur Athletic Association in conjunction with its Sic-Pitch Tournament to be held July 20th, 21st and 22nd, 1990, at the Lions Field and Hall, Welland Avenue, 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, and subject to information, satisfactory to Staff, with respect to the proceeds. Carried Unanimously. REPORTS HR-90-20 Chief Administrative officer Re~ Contract Position of Infrastructure Needs Program Supervisor. The report recommends that the by-law appearing on tonight'e agenda, appointing David Watt to the position of Infrastructure Needs ProgramSupervlsor, effective January 1, 1991, at an annual salary of $37,400.00 (1990 rates), be adopted. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See BY-law No. 90-185. R-90-28 - Chief Administrative Officer - Re: Renovations to Niagara South Arena. The report recommends that the Niagara South Recreation Association be acknowledged by letter for their financial contributions towards the renovations at the Niagara South Arena. Alderman Hinsperger declared a conflict of interest because he is personally involved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, 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. R-90-30 - chief Administrative Officer - Rat New compressor - Niagara Falls Memorial Arena. The report recommends that Staff be authorized to invite quotes for a new replacement compressor for the Niagara Falls Memorial Arena. ORDBRED on the motion of Alderman Cummings, seconded by Alderman Janvary~ that the report be received and adopted. Carried Unanimously. CD-90-42 - Chief Administrative Officer - Re: AM-35/89, Restricted Area By-law 90-155, M.P. Halonay - Niagara Battery & Tire. The report recommends that Council reaffirm its approval of By-law 90-42, 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. Communication No. 237 (HANDOUT) - Brian Sinclair, 8elicitor - Re: Zoning Amendment Application AM-35/89, Niagara Battery & Tire Ltd., 5293 Bridge Street. The communication, which was addressed to Mr. Stephen Heels, refers to his intention to withdraw the appeal to the by-law. Mr. Brian Sinclair, Solicitor and agent for the applicant, was in attendance to respond to questions raised. He referred to Mr. Moniz' o~Jection to the storage of tires on the subject property, explained that the tires were removed once s week, and that Mr. Menis had been apprised of this information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. The motion CArried with the following vote~ Aldermen campbell, Cowan, Cummings, Jenvary~ Puttick, sherat and Ward. NAYB~ 'Alderman Marrington. Hendershott Hinsperger~ Hopkins, - 5 - CD-90-43 - Chief Administrative officer - Rel AM-34/89, Restricted Area By-law 152, River Realty - Northeast Corner of Monarose Road & Thorold Stone Road. The report recommends that Council reaffirm its approval of By-law 90-152, in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the by-law and letter of objection to the Board with the request for a Hearing. Alderman Hopkins declared a conflict Of interest because his employer has an interest in property associated with River Realty Development. Alderman Ward declared a conflict of interest because he has a business interest. ORDERED on the motion of Alderman Hineperger, seconded by Alderman Cummings, that the report be received and adopted. The motion ~arried with Aldermen Hopkins and Ward abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. CD-Bg-44 - Chief Administrative Officer - Rez AM-18/89, Restricted Area By-law 90-154, Thorstone Properties - Bulk Food Store. The report recommends that council reaffirm its approval of By-law 90-154, in order that the clerk may notify the Ontario Municipal Board at the same time as he forwards the by-law and letter of objection to the Board with the request for a Hearing. Alderman Ward declared a conflict of interest because he has a business interest. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and with the following yeast AYE: Aldermen Campbell, Cowan, Cummings, Hendershot, Puttick and Sherat. NAYEx Aldermen Herrington and Hopkins. Hinsperger, Janvary, S-90-14 - Chief Administrative Officer - Re: By-law to Exempt Certain Lands from Part Lot Control. The report recommends that the by-law appearing on this evening's agenda, to exempt certain lands from part lot control, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously= See By-law No. 90-1~2, B-90-52 - Chief Administrative OfZicer - Re~ The Buildings & Inspections Department Report for June 1990. The report provides information regarding Permits Issued and Highlights for June 1990, as well as July 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 Unanimouelv~ B-90-53 - Chief Administrative Officer - Re, Site Plan Approval - Proposed 96 Unit Hotel, 4067 River Road] AM-22/89 & AM-32/89~ By-law Nee. 90-81, 90-82 and 90-83. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 96 unit hotel, and the site plan being drawing Number I of 3, and the Bite Plan grading and Site Services being drawing Number 2 of 3, end the Site Plan Perking Lot No. 2 being drawing Number 3 of 3, 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 July 4, 1990, and that such approval be subject to the conditions enumerated in the report. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hlnsperger, 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, Cummingst Herrington, Headershot, Hlnsperger, Puttick, Sherat and Ward. NAYE: Alderman Janvary. B-90-54 Chief administrative Officer Re: Grant Application for Micro Computer Equipment, Buildings & Inspections Department. The report recommends that Council authorize an application be made to the Ontario Ministry of Housing, Buildings code Branch, for a matching grant not exceeding $10,000.00, to purchase computer equipment for the Buildings & Inspections Department. ORDERED cn the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 57. MW-90-153 - Chief Administrative Officer Re= Encroachment Onto a city Easement, Lot 24, R.P. 59M-120 - Lagone Court. The report recommends that Council authorizes the release of the city's easement in the area of the encroachment as per the Plan attached. During the discussion, the chief Administrative Officer was asked to investigate the possibility of retrieving the legal costs incurred. ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-90-157 - Chief Administrative Officer - Re: contract No. 88-221~III, Mount Carmel Subdivision, and 89-235-II, Moatrose Manors Subdivision. The report recommends that the unit prices submitted by the low tendeter, Alfidome Construction Limited, in theamount of $372,234.50, be accepted and this contract be awarded. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. carried Unanimously, See By-law No. 90-188. MW-90-158 - Chief Administrative Officer - Re: contract 90-04 - Asphalt Patching. The report recommends that the unit prices submitted by the low tendsrat, Circle P. Paving Inc., be accepted and that the byelaw appearing on tonight's agenda, awarding this contract in the upset limit amount of $185,000.00, be passed. ORDERED on the motion of Alderman cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Un~nimouslv. See By-law No. 90-186, MW-90-159 - Chief Administrative Officer - Res Contract No. 88-222-III, Rainbow Oardens subdivision; No. 88-224-III, Forest Glen Subdivision; No. 88-225-1II Hillsdale EStates Stage I & 2; No. 88-227-III, Drummond Park Village Stage 3; No. 89-231-III, Drummond Park Village Ext. 2. The report recommends that the unit prices submitted by the low tendeter, Northland Sltulithic Ltd., in the amount Of $90,946.01, be accepted and that Sections 'B'~ #C', 'D~, & 'F' Of this contract be awarded and that Sections 'A' & 'E' be awarded subject to sufficient funds being on deposit with the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick~ that the report be received and adopted. Carried Una~imouelv. See By-law NO. 90-189. MW-90-160 - Chief administrstive Officer - Re: Contract No. 89-236-II, Hunter Heights Subdivision. The report recommends that the unit prices submitted by the low tendeter, Master Paving & Construction Ltd., in the amount of $55,447.00, be accepted end this contract be awarded. - 7 - ORDERED on the motion of Alderman Minepatter, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously_~ See By-law No. 90-184. MW-90-161 Chief Administrative Officer Re: Contract 90-08 Surface Treatment. The report recommends that the unit prices submitted by the only tendeter, NorJohn Contracting Ltd., be accepted and the by-law appearing on tonight's ageride, awarding this contract in the upset limit amount of $400,000.O0, be passed. ORDERED On the motion of Alderman Hopkins, seconded by Alderman Ocean, that the repor~ be received and adopted. Carried Unanimously. See 8v-law No. 90-187. MW-90-162 - Chief Administrative Officer - Re: Contract 90-112, Stanley Avenue Parking Lot Construction and Provisions for Underground Services (Municipal Lot No. 317}. The report recommends that the unit prices submit~sd by the low tendeter, Cambro Construction, in the amount of $163,477.25, be accepted and this contract awarded subject to: (a) The by-law appearing on tonight's council ageads be given the necessary readings to authorize the execution of the tender for the Stanley Avenue Parking Lot Construction and Provisions for Underground Services. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimQ~s~y. See By-law No. 90-182. NW-90-163 - Chief Administrative Officer - Re: Contract 90-101, Trunk Relief Sanitary Sewer, Stage 3, Westlane/Westwood Area. The report recommends that the unit prices submitted by the low tendeter, Master Paving & Construction Ltd., in the amount of $239,034.50, be accepted and this Contract awarded subject 1) Receiving approval from the Ministry of the Environment; 2) Financing from the Contribution from Capital Spending in the amount of $14,834.50 be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. SSe By-law NQ, 90-153- MW-90-169 (HANDOUT) - Mu~lcipal Works Committee - Re: Committee Report: Service Centre Improvements. The report recommends that the necessary by-law be prepared to authorize the debenturing of an additional $1.1 million for Service Centre Improvements. i ORDERED on the motion Of Alderman Campbell, seconded by Alderman Headershot, that Ithe report be received and adopted. The motion Carried with the following vote: · AYE: Aldermen Campbell, Cowan, Herrington, Headershot, Hinsperger, ~opkins,  Janvary and Ward. ~ NA~ES Aldermen Cummings, Puttick and Sherat. MW-90-170 - Moatrose Business Park Committee ~ Re: Moatrose Business Park. The report recommends that Council review the status report on the Moatrose Business Park as of July 4th, 1990,. and receive it for information and consideration. Aldermen Cummings and Sherat declared conflicts of interest because their employer is involved. ORDERED on the motion of Alderman Cowan, seconded by Alderman Headershot, that the report be received and filed for the information of Council. The motion ~r~with Aldermen cummings and Share= abstaining from the vote cn conflicts of lnteres~ previously recorded, and with all o~hers voting in fayour. - 8 - ORDERED on the motion of Alderman Campbell, seconded by Alderman Puttick, that the matter be referred to the Mentress Business Park Committee to submit a report tO Council with regard to alternatives available. The motion CarTied with Aldermen Cummings and Sherat abstaining from the vote on conflicts of interest previously, and with all others voting in fayour. MW-90-171 (HANDOUT) - Municipal Works Committee - Re: Committee Report: Waste Management Subcommittee Recommendations. The report recommends that the recommendations set out in Report MW-90-165 attached, be adopted by Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report be.received and adopted. Carried Unanimously. F-90-41 - chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,652,914.41 for the period ending July 9th, 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. 59763 and 59933 because a member of his family is employed with the Company. Additional information was provided on cheque Nee. 59817, 59922, 29923, 59947 and 59976. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on cheque Nee. 59763 and 59933, on conflicts of interest previously recorded; and with all others voting in fayour. See By-law No. 90-193. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that Mayor Smeaton be asked to write the Board of Directors of the Association of Municipalities of Ontario (AMO) with an invitation to hold a future AMO convention in the City of Niagara Falls. Carried Unanimously. CD-90-38 - chief Administrative Officer - Rez cancellation and Refund of Taxes, Section 496(a), Municipal Act (Bakes). The report recommends that refunds of taxes amounting to $106.31 and $213.04 for 1989 be made to George Bekos (Trustee) T/A White House, 4709 Bender Street, Niagara Falls, Ontario. ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that the report be received and adopted. carried Unanimously. HA-90-21 (MANDOUr) - chief Administrative Officer - Re: Renewal of Employee ~roup Benefits. The report, which was considered in Committee of the Whole earlier on this date, recommends that Council approve the renewal of employee group benefits with The Canada Life Assurance company for the benefit year September 1, 1990 to August 31, 1991, at a reduced cost of $59,375.00 per annum. Alderman Janvary declared a conflict of interest because her husband has a business interest. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on s conflict of interest previously recorded, and with all others voting in fayour. R-90-29 (~h%HDOUr) - Chief Administrative officer - Rez Vacancy, Deputy Director Of Parks end Recreation. The report, which was considered in Committee of the Whole earlier on this date, recommends that Staff be authorized to take appropriate action to fill the vacancy of the Deputy Director of Parks and Recreation. ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following voter - 9 - AYEz Aldermen Campbell, Cowan, Herrington, Hendershot, Hinsperger, Janvary, Puttick, Sherat and Ward. NAYEX Alderman Cummings. Hopkins, RESOLUTIONS No. 57 - CUMMINGS - HINSPERGER - RESOLVED that WHEREAS the Ontario Ministry of Housing has developed a programwhereby they will provide a grant of up to fifty percent of eligible costs with a maximum award of $10,000.00 for innovative projects for Building Departments; and WHEREAS the Building Department of the City of Niagara Falls has developed a proposal for consideration by the Ministry of Housing wherein to further develop the existing computerized system, which will include computer assistance in Plan Examination and the creation of computerized individual property files for permit application tracking, historical documentation and accessibility for all field inspection work; THEREFORD the City of Niagara Falls hereby makes application for a grant to purchase micro computers and necessary software, having a maximum cost of $20,000.00, of which the City will pay fifty percent; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 58 - CUMMINGS - HENDERSHOT - RESOLVED that Alderman Judy err replace Acting Mayor Bruce Ward as Acting Mayor, On July 19th and 20th, 1990, in the absence of His Worship Mayor William S. Smeaton; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS Miss Jean Grsndoni, 4810 Garner Road, was granted permission to speak on ths mction of Alderman Herrington, seconded by Alderman Hendershot. She asked that Council table By-law No. 90-190 in Order that she might have an opportunity to prepare and submit a presentation to council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that By-law No. 90-190 be tabled to July 30, 1990. The motion Carried with the following voter AYEz Aldermen campbell, Cummings, Herrington, Hendershot, Hinsperger, Hopkins, Janvary, Puttick, Sherat and Ward. NA~E~ Alderman Cowan. ORDERED on be granted times NO. 90-170 NO· 90'179 NO. 90-180 NO. 90-181 ~ NO. 90'182 the motion of Alderman Cummings, seconded by Alderman Ward, that leave to introduce the following by-laws, and the by-laws be read a first - A by-law to amend By-law No. 79-200, as amended. (AM-29/89 Ascot Woods Ltd. Subdivision Extension No. 4). A by-law to amend By-law No. 79-200, as amended. (AM-30/89 Ascot Woods Ltd., Ascot condominiums). - 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 ~he approval of plane and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-30/89 Ascot Woods Ltd.). -A by-law to authorize the execution of an agreement with The Regional Municipality of Niagara. (Perking lot purposes). - A by-law to authorize the execution of an agreement with 658894 Ontario Limited, carrying on business as cambro construction, respecting construction of the Stanley Avenue parking lot (Municipal Lot No. 17). - 10 - No. 90-183 - A by-law to authorize the execution of an agreement with Master Paving & Construction (Niagara Falls} Ltd. for trunk relief sanitary sewer installation in the Westlane/Westwood Area, Stage 3. No. 90-184 - A by-law t6 authorize the execution of an agreement with Master Paving & Construction (Nlagara Falls) Ltd. for curbs, gutters, sidewalks and asphalt pavement in the Hunter Heights Plan of Subdivision. No. 90-185 - A by-law to authorize the execution of an agreement with David Watt. No. 90-186 - A by-law to authorize the execution of an agreement with circle P. ~aving Inc. [or asphalt patching. No. 90-187 - A by-law to authorize the execution of an agreement with Norjohn Ltd. for surface treatment of roads. No. 9~-188 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for Curbs, gutters and base asphalt roadways in the Monarose Manor Plan of Subdivision and sidewalks and top asphalt in the Mount Carmel Phase i Plan of Subdivision. No. 90-189 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited for asphalt paving in the Rainbow Gardens, Forest Glen Estates, Hillsdale Estates, Stages 1 & 2, Drummond Park Village, Stage 3, and Drummond Park Village, Extension 2 subdivisions. 90-190 - Tabled. No. 90-191 - A by-law to authorize a release and abandonment of easement. No. 90-192 - A by-law to designate certain land not to be subject to part lot control. No. 90-193 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 90-193, on a conflict of interest previously recorded under Report No. P- 90-41; and with all others voting in fayour. ORDERED on the motion of Alderman cummings, seconded by Alderman Hlnsperger, that the following by-laws be now read a second and third time: Ne. 90-178 - A by-law to amend By-law No. 79-200, as amended. (AM-29/89 Ascot Woods Ltd. Subdivision Extension No. 4). No. 90-179 - A by-law to amend By-law No. 79-200, as amended. (AM-30/89 Ascot Woods Lad., Asset Condominiums). No. 90-180 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan uon~rol areas without the approval of plane and drawings otherwise required under subsection 4 or subsection 5 of section 40 of ~he Planning Act, 1983. (AM-30/89 Ascot Woods Ltd.). No. 90-~8Z - A by-law to authorize the execution of an agreement with The Regional Muni0ipality of Niagara. (Parking lot purposes). Ne. 90-X82 - A by-law to authorize the execution of an agreement With 658894 Ontario Limited, carrying on business as Cambro Construction, respecting construction of the stanley Avenue parking lot (Municipal Lot No.. 17). No. 90-183 - A by-law to authorize the execution of an agreement with Master Paving & Cons~ruction (Niagara Falls) Ltd. for trunk relief sanitar~ sewer installation in the Westiane/Wes~wood Area, S~age 3. - 11 - Ne, 90-184 - A by-law to authorize the execution of an agreement with Master Paving & Construction (Niagara Falls) Ltd. for curbs, gutters, sidewalks and asphalt pavement in the Hunter Heights Plan of Subdivision. No. 90-185 - A by-law to authorize the execution of an agreement with David Watt. 90-186 - A by-law to authorize the execution of an agreement with Circle P. Paving Inc. for asphalt patching. No. 90-1B7 - A by-law to authorize the execution of an agreement with Norjohn Ltd. for surface treatment of roads. No. 90-188 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for curbs, gutters and base asphalt roadways in the Montrose Manor Plan of Subdivision and sidewalks and top asphalt in the Mount Carmel Phase 1 Plan of Subdivision. ~ No. 90-189 - A by-law to authorize the execution of an agreement with Northland ~ Bitulithic Limited for asphalt paving in the Rainbow Gardens, Forest Glen Estates, Hillsdale Estates, Stages 1 & 2, Drummond Park ~ Village, Stage 3, and Drununond Park Village, Extension 2 ~ Subdivisions. No. 90-a90 - Tabled. No. 90-191 - A by-law to authorize a release and abandonment of easement. No. 90-192 - A by-law to designate certain land not to be subject to part lot control. No, 90-193 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 90-193, on a conflict of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEM OF CONCERNt Tree Removal - Dunn Street & Orchard Avenue Area - Alderman Puttick indicated the presence of Mr. George Armanti, at the meeting. He referred to the discussion at the Council meeting held June 25th, 1990, with regard to the request for removal of a tree on Dunn street, advised that the city forces had cut limbs from the subject tree which indicated centre rot, distributed pictures of the limbs, and asked that this matter be re-assessed. The DIrector Of Municipal Works indicated that the matter would be investigated and resolved. , , · , · It was moved by Alderman Cummings, seconded by Alderman Campbell, that the meeting adjourn. Carried unanimously. READ AND ADOPTED, ~C~~ TWENTY-SIXTH MEETING COMMITTEE OF THE WHOLE committee Room #2 July 23, 1990 Council met on Monday, July 23rd, 1990, at 5:30 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cummings who was absent due to illness, Alderman Janvary who was on vacationl Alderman Orr who was absent due to an accident, and Alderman Ward who was absent on City business, were present. Alderman Campbell presided as Chairman. Following consideration of the items presented, the committee of the Whole arose to report in open session. READ AND A~OPTED, E.C. WAGG, CITY CLERK PLANNING/REGULAR MEETING council Chambers July 23, 1990 Council met On Monday, July 23rd, 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 absent due to illness. Alderman Janvary who was on vacation, Alderman Orr who was absent due to an accident, and Alderman Ward who absent on City business, were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick initiated a discussion regarding the minutes of the meeting held July gth, 1990, Page 2, Report No. MW-90-154, Extension of Watermain Along Mewburn Road/Concession 6, with respect to the possible purchase of Brights' land, and indicated a wish to appeal the decision on Brights' application to the Niagara Escarpment commission. During the discussion, the Manager/Policy Planning stated that she had submitted a report which supported Brighte' application to the N.E.C. The Chief Administrative Officer expressed concern with respect to the position of the City on an appeal, in view of the supporting recommendation of Staff and the event that such an appeal was based only on the grounds that the City was going to keep down the price of the property, which it was considering buying. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that Staff be directed to contact the Niagara Escarpment Commission tomorrow, to ascertain the appeal period and draft an appeal with respect to the conditions of approval regarding development of Hrights property. Carried Unanimously. ORDERED on the motion of Alderman Cowan, that the minutes of the meeting held July 9th, Cerried Unanimously. seconded by Alderman Sherat, 1990, be adopted as printed. REPORTS - PLANNING MATTER8 PD-90-118 Chief Administrative Officer Re~ Zoning By-law Amendment Application AM-20/90; C & L Royer, 4711 Zimmerman Avenue & 4219 Huron Street. The report recommends the following~ - 2 - 1) That Council support the application to amend the Zoning By-law to permit the existing building on the property to be converted and used to provide 6 rooms for tourist accommodation; 2) 3) 4) That the development satisfy all requirements of the City's Municipal Works Department; That the lands be placed under Site Plan Control to address grading, parking, lighting, landscaping, fencing, etc., and that Staff be directed to prepare the necessary by-laws for enactment at a subsequent Council meeting; and That the applicant and the Regional Municipality of Niagara be advised accordingly. -AND - Comm~nicatieu No. 238A - Christ Church - Re: AM-20/90, Reaching Application. The communication supports the application of charles and Lucille Royer, 4711 Zimmerman Avenues on the rezoning of the subject property for a bed and breakfast service. -AND - Cemmunlcation Ne. 238B - Petition from Area Residents - Re: AM-20/90 Rezoning Application. The petition oppeses the application because of increased traffic creating a danger to children in the subject area, and questions the ownership of two sheds. - AND - Communication No. 238C (BANDOUT) - Philip C. Lococo, Solicitor - Re: Zoning By- law AM-20/90. The communication expresses support of the proposed amendment. Hie 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 Meeting had been forwarded by prepaid first-class mail on June 22nd, 1990, 31 days ago. Ris Worship Mayor Smeaton acknowledged the presence of Eric J. Royer, Agent for the applicants; and received a positive response to his request for a show of hands from those persons who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the clerk prior to leaving the meeting. ~ The Deputy 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-90-110: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review and Bite Plan control. There was a negative response to Mayor Smeaton's request for comments from persons in fayour of the application, other than the applicants or their agent. The following residents were in attendance to express their concerns: Johann Ahrens, 4251 Huron Street; Mrs. Angela Boily, 4247 Huron Street; Janice Vent, 4252 Huron Street; Ms. Flambury, 4260 Huron Street; Alexander Zikorski, 4733 Zimmermsn street; and others. They expressed concerns regarding.increased traffic being a danger to children in the area with little play space; noise; reduced privacy; two garages on the property purported to be owned by Johann Ahrensl access to the rear of the property through the right-of-way; as well as the possibility of damclimbing the King Edward Hotel and old Police building. On behalf of his parents, charles and Lucille Royer, the applicants, Mr. Eric Royer discussed the proposal in detail, referred to the restoration of buildings in the area, as well as restoration of the subject property, and stated that additional traffic was not anticipated. He advised that there would be sufficient parking even without the two garages referred to by Mr. Ahrens. - 3 - During the discussion regarding the ownership of the two garages on the property, Mr. Royer stated that the property had been purchased with the condition that the agreement with Mr. Ahrens regarding the two garages would be hencured. Further discussion ensued with respect to parking and the right-of- way adjacent to the property. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the communications be received and filed, and the report be received and adopted, subject to a clear title being presented to the City by the applicant, and adequate parking according to the Zoning By-law. carried Unanimously. During the aforementioned discussion, His Worship Mayor Smeaton asked Zikorski, who was creating a disturbance, to leave the Cheers, and called for a Constable. A five minute recess was declared at 8:50. , , , , , PD-90-119 Chief Administrative officer Re: Zoning By-law Application AM-17/90; Martin & Re Ltd., 7273 Niagara Square Drive. recommends the following: Amendment The report 1) That council support the application to amend the zoning by-law to permit the construction of a building up to 13 storeys in height, containing 240 hotel units and 128 condominium apartments, and that the amending by-law include special provisions regulating setbacks, lot coverage and landscaping; 2) That the applicant be required to undertake all the various studies required to determine the adequacy of the road system surrounding this development, the water supply system, the sanitary sewers and the storm sewer outlets, and pay for the construction of sidewalks along Moatrose Road, Niagara Square Boulevard and McLeod Road adjacent to the development, all to the satisfaction of the Municipal Works Department; 3) 4) That the applicant undertake a noise study as required by the Ministry of the Environment and implement mitigating measures; That the lands be placed under Site Plan Control to address grading, lighting, landscaping, parking, signage, etc., and that staff be directed to prepare the amending by-laws for enactment at a subsequent Council meeting; and 5) That the applicant and the Regional Munisipality of Niagara be advised accordingly. - AND - COmmunication No. 239A - Social Planning Council of Niagara Falls - Re: Zoning Application aM-17/90. The communication states that there should be affordable housing units included in this development, and since the proposal includes a permanent residential use in addition to the present tourist use, a pedestrian bridge to Niagara Square could be considered. - AND - Communication No. 239B (HANDOUT) - Regional Niagara Planning & Development Department - Re~ Proposed Zoning By-law Amendment AM-17/90, Multiple Use Facility, 7273 Niagara Square Drive (Moatrose Motor Inn/The Orient Express Restaurant). The communication reviews the proposal, states that it meets the intent of the Regional Policy Plan since it is within the Urban Area Boundary, advises that comments may be expected from the Regional Public Works Department, and further, that the Ministry of the Environment should be contacted with respect to noise attenuation measures. His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure to be followed would be as in the previous application. ~i -4 - The Clerk advised that the Notices of the Publlc Meeting had been forwarded by prepaid first-class mail on June 22nd, 1990, 31 days ago. His Worship Mayor Smeaton acknowledged the presence of Angelo Martin, of Martin & He Ltd., applicant, and Robert M. Martin, President, Martin Engineering; and received a positive response to his request for a show of hands from those persons who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy 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-90-112: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; Planning Review and site Plan Review. ~ There was a negative response to Mayor Smeaton's request for comments in fayour of, or opposed to the application. Mr. Angelo Martin, with the assistance of sketches and slides, reviewed the application. and a brief submitted during the meeting. , , , , , At 9:00 p.m., His Worship Mayor Smeaton declared a ten minutes recess, in order that the Chambers might be cleared of unruly spectators. , , , , , Mr. Angelo Martin discussed the design of the project, as well as the impact on adjacent properties and the shadowing aspect, and stated that the construction would be in phases, at a cost of $48,800,000.00, create 120 jobs in construction over as 5 year period, and approximately 300 permanent jobs. Mr. Robert Martin reviewed the storm drainage, water supply and sanitary sewer requirements. He stated that the traffic generated from the proposed development would require a possible widening of Montroee Road for a left turn into the site, and possible intersection improvements at the traffic signals. , , · , · His Worship Mayor Smeaton interrupted the discussion at 9:40 p.m. to make an announcement concerning a bomb threat in city Hall. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the meeting be adjourned and the building vacated until a search was made of the building. carried Unanimously. Following an unfruitful search of City Hall, the council reconvened at 10:10 p.m. for the balance of the meeting. Alderman Puttick did not return to the meeting. Further concerns were expressed regarding hotel construction in the City, as well as the need for affordable housing. Mr. Angelo Martin advised that this scheme was net designed for affordable housing. 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 campbell, that communication No. 239A be received and filed and the repo~t be received and adopted. Carried Unanimously, ORDERED on the motion of Alderman Headershot, seconded by Alderman Hinsperger, that the Handout communication be received and filed. The motion ~.arrie~ with the following rates AYE: NAYE: - 5 ~ Alderman Campbell, Cowan, Hendershot, Hinsperger, Hopkins and shetar. Alderman Marrington. PD-90-120 - Chief Administrative Officer - Re: Ancient Chinese City Development Corporation; 7047 Reixinger Road, Niagara Falls, File AM-39/89. The report recommends the following: l) That the application by the Ancient Chinese City Development Corporation for a theme park be approved subject to the satisfactory completion of the following: (i) the preparation of functional plans for both the initial sanitary sewer system and the ultimate collection and disposal system; (ii) the preparation of functional plans for both the initial and ultimate water distribution system; (lii) the preparation of a Storm water Management Plan having regard to the existing watercourses and drainage patterns which address the design and environmental aspects; (iv) the preparation of a Traffic Impact Study using in-depth traffic Criteria including tourist guide signing to address integration of traffic with the Provincial, Regional and Municipal road systems; (v) the preparation of an Environmental Impact Study which identifies environmental features of the area including vegetation, wetlands, wildlife and aquatic life, and methods necessary to protect the environmental features; 2) That the applicant enter into agreements with the City, Region of Niagara, and any other body concerning the installation of services, the cagelag Impost Levy Study and the mechanisms for cost recovery; 3) That the applicant be required to pay the City's legal costs necessary for the preparation of the various development agreements, by-laws and public hearings, which may arise as a result of this application; 4) ~) 6) That the applicant refine the site plan to the extent necessary to establish appropriate zone standards for the Theme Park and ensure that impacts of the Theme Park on Grassy Brook Park are minimized, including the complete separation of the Theme Park from Grassy Brook Park; That Staff be directed to proceed with investigations to bring the zoning Of the overall Grassy Brook Area into conformity with the Official Plan, including provisions for the phasing of development to correspond with servicing available; and That the applicant and the Regional Municipality of Niagara be advised accordingly. - aND - Cemmunication No. 240A - Memo from Chief Administrative officer - Re: PD-90- 120, The communication attaches comments with respect to servicing, Water supply, sanitary sewage, Storm system and Traffic Impact Study, as well as a letter from the Regional Municipality including Comments regarding Land Use Compatibility, Servicing and Transportation. - aND - Communication No. 240B - Social Planning Council of Niagara Falls - Rex Zoning Application AM-39/89. The communication suggests that Care be exercised to ensure that this conservation area and its waterway not be encroached upon in anyway. 6 - A~D - Communication No. 240C - Boy Scouts of Canada, Niagara District Council - Re: Ancient Chinese Village - Application to Amend Zoning By-law. The communication requests a buffer zone between the Boy Scout camping area and the proposed park site, and suggests provisions be made concerning high-rise buildings on the site, water access, environmental concerns, and that the conditions run with the land. - AND - Communication No. 240D (HANDOUT) - Regions1 Niagara Planning & Development Department - Re: Public Meeting Proposed zoning By-law Amendment, Ancient chinese Theme Park. The communication discusses the proposal in terms of phasing of construction, as well as land use and servicing$ notes that a by-law to rescue for Tourist Commercial was required, which would address requirements; and states that several significant servicing issues must be resolved before the proposal may proceed. His Worship Mayor Smeaton declared the Public Meeting open, and explained the ~rocedure to be followed would be the same as in the previous applications. The Deputy Clerk advised that the Notices of the Public Meeting had been forwarded by prepaid first-class mail on June 22nd, 1990, 31 days ago. His Worship Mayor Smeaton acknowledged the presence of the applicant and agent; and received a positive response to his request for a show of hands from those persons who were interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in Technical Report No. PD-90-114: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; comments from the Public Notification Process; and Planning Review. Mr. Hugh Detlor, 6503 Kerr Street, President, Scouts Canada Niagara District, stated that the Scouts were not opposed to the project, but were concerned that Grassy Brook Park retain its natural status; discussed the need for a buffer zone of natural habitat; and asked that a fence be installed between Grassy Brook Park and the Theme Park in order to obviate any conflicts between the two. Mr. Alan Veale, Niagara Falls Nature Club, 3647 Rolling Acres Drive; Dave smith, 6150 Riexinger Road; Melvin Pretty, 7151 Reixinger Road; and John Crawford, 6811 Reixinger Road discussed the following concernS: the effects of the project on adjacent sensitive areas and waterways; the need for large trees on a berm; that Grassy Brook Park be left in its present natural state; any proposed marina should have direct access to the Welland River; the appearance and route of construction for a sewer; the need to increase water pressure to accommodate additional pipelines; the possibility of a future high-rise hotel development; and increased traffic flow, pollution and noise. Further concerns were expressed with respect to the adjacent dairy farm, in terms of dust, spreading of manure, drainage, roads which accommodate farm equipment being used for increased traffic, and the proposal that a sewer be constructed across private land. Mr. Rick Brady, Planner, Proctor & Redfern, Dave Lampman, P. Eng., Manager Niagara Region Proctor & Redfern, and DOUg Drew, Ancient Chinese City Development Corporation, were in attendance. Mr. Brady reviewed the actions taken to date with respect to this application, and responses to concerns, i.e., servicing, and acceptance of responsibility for cost of sanitary system with reimbursement from other developers who hook into the system. He expressed agreement with the recommendations in Staff report No. PD-90-120, with the exception of Item No. 3 regarding payment of legal costs, and suggested that this was an 'open-ended' type of condition. Mr. Bredy advised that the public road would be according to standard and have public access on a continue1 basis, with access to the water; and referred to the need for a decision regarding linkages between the Theme Park and the Welland River. He stated that most of the environmental concerns could be dealt with under the requested environmental studies, and responded to questions raised regarding Grassy Brook Perk~ and design of the Theme Perk. - 7 - , , , , , It was moved by Alderman Sherat, seconded by Alderman Hendershot, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. , , , , , Mr. Dave Lampman, Engineer, Proctor & Redfern, discussed the need for larger type water pipes to accommodate the requirements for a larger flow with no reduction in water pressure, referred to the location of a pumping station and the anticipated decision of the Regional Municipality of Niagara, and advised that owners of private lands had not yet been approached with respect to the provision of sewers on their lands. He stated that plans may have to be revised if consent to cross private lands cannot be obtained, and referred to a willingness to satisfy concerns. Mr. Lampman explained that the Theme Park drainage would be handled on site, that drainage from adjacent lands would have to be handled and a suitable outlet provided, and that most of the drainage would be funnelled through to the Welland River. 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 Hendershot, that the communications be received and filed, the report be received and adopted, and the concerned citizens be invited to participate in the Site Plan process. Carried Unanimousiv, ORDERED on the motion of Alderman Rendershot, seconded by Alderman Hinsperger, that the Handout communication be received and filed. The motion Carried with the following vote: AYE: Alderman Campbell, Cowan, Hendershot, Hinsperger, Hopkins and Sherar. NAYE: Alderman Harrington. PD-90-113 - Environmental Planning & Greenlug Committee - Re: Support Funding for the Environmental Work Project 1990. The report recommends that letters of appreciation be written to all participating agencies who have supported the Environmental Inventory Work Program for 1990. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. REPORTS R-90-31 - Chief Aa-inistrative Officer - Re: Tissue Donor Memorial - Fairview cemetery. The report recommends that a Tissue Donor Memorial be placed in Fairview Cemetery. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Hineperger, that the report be received and adopted. Carried Unanimously. MW-90-1S6 - Chief A~ministrative officer - Re: Seeding of Landfill Site West Slope. The report recommends that the quotation from Mydro-Green co. Ltd. of Port Robinson, Ontario, for $24,752.00 be accepted for the above work. ORDERED on the motion Of Alderman Cowan, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimouelv~ F-90-42 - Chief A~ministrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,674,075.99, for the period ending July 23, 1990, be approved by the passing of the by-law appearing later on the agendn. Alderman Campbell declared a conflict of interest on Cheque No. 60393 because he has a business interest. Aldermen Marrington and Hendershot declared conflicts of interest on Cheque No. 60230 because they are personally involved. -8 - Alderman Hinsperger declared a conflict of interest on Cheque Nee. 60096 and 60097 because a member of his family is employed with the Company. ORDERED on the motion of Alderman Cowan, seconded by Alderman Shetar, that the report be received and adopted. The motion Carried with Aldermen Campbell, Harrington, Hendershot and Hinsperger abstaining from the vote on Cheque Numbers and for reasons recorded previously. See By-law No. 90-194, FC-90-15 (HANDOUT) - Chief Administrative Officer - Re: Capital Budget 1990 to 1994. The report, which had been considered and approved earlier this evening by the Finance Committee, recommends that the attached draft copy of the 1990- 94 Capital Budget be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hopkins, that the~report be received and adopted. Carried Unanimously. - 9 - It was moved by Alderman Hinsperger, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, S.C. WAGG, ClTY eL MW-90-177 (HANDOUT) - chief Administrative Officer - Re: W-5-1 Watercourse Improvements. The report, which had been approved earlier this evening in Committee of the Whole, recommends the following: l) That a 50mm. (2') diameter stone bottom channel liner invert alternative, together with the suggested modifications to save existing mature trees within the watercourse, and planting of shade trees and shrubs, be incorporated into the watercourse design; 2) That the original contract amount of $347,382.25 with Provincial Construction Ltd. remain at the same value, with the contract construction items increased and/or deleted to reflect the above mentioned design changes. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Verbal Report - chief Administrative Officer - Re~ Environmental Audit. The chief Administrative Officer advised that this report, which had been considered earlier this evening in Committee of the Whole, recommends that Peter McGlone Associates be hired to perform the environmental audit on City-owned vacant lands at Stanley Avenue and Swayze Drive. ORDERED on the motion of Alderman Campbell, seconded by Alderma~ Hinsperger, that the report be received and adopted. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Hopkins, seconded by Alderman cowan, that leave be granted to introduce the following by-law, and the by-law be read a first timel No. 90-194 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Herrington, Hendershot and Hinsperger abstaining from the vote on conflicts of interest previously recorded under Report No. F-90-42; and with all others voting in layout. ORDERED on the motion of Alderman Hlnspergert seconded by Alderman Cowan, that the following by-laws be now read a seeend and third timel No. 90-194 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cempbell and Hinsperger abstaining from the vote on confilets of interest previously recordedj end with all others voting in fayour. TWENTY-SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 July 30, 1990 Council met on Monday, July 30th, 1990, at 6:30 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cummings who was in hospital, were present. Alderman Marrington presided as chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open cession. READ AND ADOPTED, REGULAR MEETING Council Chambers July 30, 1990 Council met On Monday, July 30th, 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 Puttick offered the Opening Prayer. ADOPTION OF MINUTES Alderman Bendarcher asked that the minutes of July 23rd, 1990 be amended to indicate that he and Alderman Herrington had declared a conflict of interest on Page 7, Report No. F-90-42, Cheque No. 60230 because they were personally involved. ORDERED on the motion Of Alderman Sherat, seconded by Alderman Cowan, that the minutes of the meeting held July 23rd, 1990, be adopted as amended. Carried Unanimously. PRESENTATION CANADA NIAGARA CB CLUB - His Worship Mayor Smeaton welcomed Mr. Bob Agretto and other members of the Canadian Niagara CB Club Inc. to the meeting. He explained that the Club had assisted in the emergency situation created by the storm of '77. Mr. Agretto presented a club jacket to Mayor Smeaton, to express appreciation for his support and assistance on behalf of the Club. DEPUTATIONS FOREST GLEN & HILLSDALE BUBDXVXSXONS/FRECXNG - Communication No. 241 - Petition from Residents of Forest Glen & Hillsdale Subdivisions - Re~ Fencing. The communication requests permission to address Council end protest the passing of By-law No. 88-28 with respect to fencing in the subject subdivisions. Sis Worship Mayor Smeaton advised that the matter had been withdrawn from the Agenda at the request of the residents. The Clerk stated that a meeting hsd been arranged between the residents and Staff, in order that the matter might be resolved without the need oE approaching Council. · 2 - 2- pROPOSED BUSINESS IMpROVEMEITZAItEA, F~J~LSVIEW TOURISTAREA - COmmunication No. 242 - David Jovanovic, Chairman, Ad Hoc Committee, Proposed Fallsview B.I.A. Re: Proposed B.I.A., Fallsview Tourist Area. The communication attaches a Notice of Intention to pass a by-law designating the Fallsview area as a Business Improvement Area, and a llst of Draft Objectives for consideration. Mr. Alec Greaves, Consultant, and Mrs. Amy Bignucolo, Vice-President of the Ad Hoe Committee for the proposed Fallsview B.I.A., asked council to resolve the issue, and give Notice of Intention to pass the by-law. ORDERED on the motion of Alderman Shetar, seconded by Alderman Janvary, that Staff be instructed to circulate the Notice of Intention to pass a by-law designating the Fallsview area as a Business Improvement Area. Carried Unanimously- · SPECIAL MEETING - OPEN HOUSE OFFICIAL PI~AM REVISIONS - HOUSING - PD-90-123 - Mayor's committee on Housing - Re: Proposed Official Plan Revisions Housing. The report recommends the following: 1) 2) That Council consider input from the public and agencies; That council consider the comments of the Mayor's Committee on Housing regarding more definitive wording and the distribution system for affordable housing; and 3) That Council adopt these policies as draft policies for circulation and refer them back to Staff for further consideration to address the comments received. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the traditional procedure for the meeting. He received a positive response to his request for a show of hands from persons interested in this matter, and requested that all persons wishing to receive further notification submit their names and addresses to the Clerk prior to leaving the meeting. The Policy Project Planner reviewed a slide presentation with respect to the proposed Official Plan Revision - Housing, including the Affordable Housing Puzzle, Who'e Involved, Ontario Government Documents, Five Key Issues, Ten Year Supply of Residential Land, and Statistical Data. ~ MS. Janice Wiggins, Acting Executive Director, Social Planning council of Niagara Falls, and Ms. Rhonda Viletel-Lammert, Housing Coordinator for Project S.H.A.R.E., presented information supporting the need for affordable housing in the City of Niagara Falls. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hinaperger, seconded by Alderman Campbell, that the report be received and adopted. carried Unanimously. UNFINISHED BUSINESS BY-LAW TO ALTER THE BOUNDARIES OF URBAN SERVICE AREA - PD-90-121 - Chief Administrative Officer - Re, By-law to Alter the Boundaries of the Urban Service Area Vis~a-Vis Zoning Amendment Application AM-12/901 Cornwill Investments Ltd., West side Kalar Road across from Woodbine. The report recommends that Council approve the by-law to alter the boundaries of the Urban Service Area for the land as it pertains to Zoning Amendment AM-12/90. Miss Jean Orandoni, 4810 Garner Road, was granted permission to address · Council. She expressed opposition to the passing of By-law He. 90-190 because of a typographical error. The Deputy Solicitor expressed the opinion that this would not preclude passing of the by-law at this meeting. His Worship Mayor Smeaton advised that the original by-law had been corrected. Miss Grandoni reviewed further concerns in terms of an increase in sewage; decrease of lands for road widening and sidewalk, and the cost of providing sidewalks; drainage; stated that the change would "open the door to development' and set a precedent; and referred to non-compliance with the Region. The Director of Planning & Development advised that this matter was the subject of a zoning hearing, duly advertised under the Act, and further, the recommendation was to include this lot for servicing. 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, Hendershot, Janvary, Orr, Puttick, Shetar and Ward. NAYE: Aldermen Harrington, Hinsperger and Hopkins. See By-law No. 90-190. FRIENDS OF THE EARTH BY-LAW/OZONE DEPLETING SUBSTANCES PD-90-115 - Chief Administrative Officer - Re: Friends of the Earth: By-law Regarding Ozone Depleting Substances. The report recommends the following= 1) 2) That this report be sent to the Friends of the Earth, along with the City's statement of Principle on Environmentally sound Purchasing (PD- 90-54); That a copy of Report PD-89-22 (the manufacture, sale, distribution and use Of Chlorofluorocarbons & Halone) also be sent to Friends of the Earth. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. It was further recommended that Item Numbers 3 and 4 under Background Information be referred to the Waste Management Sub-Committee. Carried Unanimously. NIAGARA ESCARPMENT COMMISSION APPEAL (BRIGHTS) - S-90-15 (HANDOUT) - Chief Administrative Officer - Re: Appeal of N.E.C. Decision Re N.E.C. Application N/A/89-90/352 by T.G. Sright & Co. Ltd. The report, which was considered earlier this evening in Committee of the Whole, recommends that Council endorse the attached letters of appeal to be sent to the Niagara Escarpment Commission and the Ministry of the Environment, prior to the expiry of the extended appeal period on August let, 1990. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be reoeived and adopted. Carried Unanimously. COMMUNICATIONS No. 243 - Rexanne Folios, Manager, Project 8.E.A.R.E. - Re: Annual Report. The Communication attaches the Annual Report of the Housing Help Centre and summary of food services, for the information of council. ORDERED on the motion of Alderman Sherat, seconded by Alderman cowan, that the communication be received and filed. Carried Unanimously. No. 244& - Regional Councillor Peter Sobel - Rex Tree Cutting at Fairview cemetery. The communication requests information regarding tree cutting activities at the Cemetery, on behalf of concerned citizens. NO. 244B - Memo from Superintendent of Cemeteries - Rex Letter from Peter Sobel Concerning Tree Cutting at Fairview Cemetery. The communication explains the policy with respect to the cutting and planting of trees at the cemetery. -4- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Shetar, that the communications be received and filed, and a copy of the Memo from the superintendent of cemeteries be forwarded to Regional Councillor Sobol as well as Mr. Dougan, the complainant. Carried Unanimously, - 5 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the resolution be supported. The motion carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. No. 245 - Regional Niagara Office Of the Clerk - Re: Report DF90-50, Niagara Regional Review commission Report & Recommendations, Financial Issues. The communication attaches the report. ORDERED on the motion of Alderman Hineperger, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 246 - Regional Niagara office of the Clerk - Re: A Review of 1991 FCM Membership. The communication requests council'e response to the continuation of~nembership in FCM. During the discussion, Mayor Smeaton was asked to indicate to the Regional Chairman, the concerns of Council with respect to the membership fee, and cost of the 'elaborate' publication from FCM which cannot be recycled. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that Staff notify the Region that we are still interested in maintaining membership in FCM. The motion parried with the following vote: AYE: Aldermen Campbell, Cowan, Harrington, Hendershot, Janvary, Sherat and Ward. NAYE: Aldermen err and Puttick. Hinsperger, Hopkins, No. 247 - The Corporation of the City of Burlington - Re: Property Assessment Corporation, File: 420. The communication asks council to support a resolution opposing the creation of a separate crown Corporation to administer property assessments and requesting the Province not to proceed with Bill 156. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Harrington, that the communication be received and the resolution supported. Carried Unanimously. No. 248 - The Regional Municipality of Halton - Re: National Packaging Protocol (NAPP). The communication provides information regarding e resolution to the Minister of the Environment endorsing the NAPP Policies and Targets, and requesting the immediate implementation of the infrastructure to implement these Policies and Targets. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the communication be received and referred to the Waste Management Sub-Committee. Carried Unanimously. No. 249 - The corporation of the City of Chatham - Re: Use of Nonrefillable Containers. The communication asks council to support a resolution to the Province, urging implementation of a refundable deposit program for all soft drink containers and other nonrefillables. ORDERED On the motion of Alderman err, seconded by Alderman Sherat, that the communication be received and the resolution supported. The motion Carried with the following votez Aldermen Cowan, Harrington, Hendershot, Hinsperger, err, Puttick, Sherat and Ward. Aldermen Campbell, Hopkins and Janvary. No. 250 - Town of Fort Erie - Re~ Proposed Charitable gaming Legislation. The communication asks Council to support a resolution to the Minister of Consumer & Commercial Relations requesting that an opportunity be provided for the Municipalities to review and comment on the newly proposed rules and regulations, terms and conditions for charitable gaming events, prior to the Province granting approval. Aideman Hopkins declared a conflict of interest because he is a member of an organization which holds a bingo licenee. No. 251 - The conservation Council of Ontario - Re: The Lieutenant Governor's Conservation Award. The communication requests consideration of a candidate to receive the award. During the discussion, Council members were requested to submit names of proposed candidates to the Mayor's office. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the communication be received and filed. Carried Unanimously. No. 252 - Kyle Dixon, Shinerama Committee Chairman, Brock University - Re: Shinerams Program. The communication asks council to proclaim September 9 - 15, 1990, as 'Shinerams Week', and requests participation in 'Shinerams Mayor'e Challenge'. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the request be approved subject to established policy. carried Unanimously. No. 253 - Association of Municipalities of Ontario (AMO) - Re: 'strategies for Change" - Report Of Long-Term Care Services Reform. The communication asks Council to comment by July 31, 1990. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Hendershot, that the communication be received and referred to the Social Planning Council for comments. Carried Unanimously. No. 254 - Mountain Road Landfill Public Liaison Committee - Re: Approved Minutes of the Mountain Road Landfill Public Liaison Committee. The communication attaches copies of the approved minutes of the June 20th, 1990 meeting. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. REPORTS B~-90-22 (HANDOUT) - chief Administrative Officer - Re: Job Evaluation System/Pay Equity Plan Local 133, C.U.P.E. Employees. The report, which was considered earlier this evening in Committee of the Whole, recommends that Council approve the Union Job Evaluation System/Pay Equity Plan and pay equity wage adjustments for 1990 totalling approximately $76,000.00. ORDERED on the motion of Alderman Mlnsperger, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. PD-90-109 - Chief Administrative Officer - Re: Understanding and Tourjam, Master Plan Study. following: Status Report, Memorandum of The report recommends the l) That council confirm its one-third funding of the Tourism Master Plan Study~ and 2) That staff be directed to call for submissions from consultants to undertake the TourJam Master Plan Study. ORDERED on the motion of Alderman Hopkins, seconded by Alderman cowan, that the report be received and adopted. Carried Unanimously. PD-90-ll6 - Chief Administrative Officer - Re: Application for Exemption from Part Lot control, Lot 78, Registered Plan 603 (283), being Parts 1 & 4 on Reference Plan 59R-7129; 4302-4308 Ellis Street. The report recommends the follewing~ - 6 - l) 2) That the request from Philip Leocoo on behalf of his clients, Donald/Norma Lambertson, to exempt Lot 78, according to Registered Plan M-283, from Part Lot Control be approved and that Council pass the appropriate by- law to designate the lands as exempt from Part Lot control; and That the Solicitor of the applicant give notification to the City when the Deeds have been registered, in order that the by-law be rescinded ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-199. pD-90-122 - chief Administrative officer - Re: Zoning Amendment Application AM- 41/87 Landcorp Ontario Ltd., East side Monarose Road. The report recommends that Council pass the amending by-law for Landcorp Ontario Ltd. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. See By-law No. 90-195. R-90-32 - Recreation Commission - Re: 1990/91 Winter Ice Schedule for Municipal Arenas. The report recommends that the attached schedules for Special Events and Regular Use of Winter Ice for 1990/91 at Municipal arenas be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. R-90-33 - Chief Administrative Officer - Re: 1990 Can/AmBrotherhood Day parade, September 29, 1990. The report recommends that Council approve the request of the chippawa Volunteer Firefighters Association and Station 4 of the Niagara Falls Fire Department to hold a parade on Saturday, September 29, 1990, subject to the following conditions: 1} 2) Providing the event meets all requirements from all other authorities; A copy of $1,000,000.00 liability insurance coverage,including the City of Niagara Falls ae insured, is presented to City staff prior to the event; 3) The City receive $400.00 for setting up and taking down street barricades and required detour signage for this parade. Mr. Gordon Chase, Host chairman, 1990 Can/Am Brotherhood Day Parade, requested that the 8400.00 fee referred to in the recommendations be waived. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that the report be received and adopted, and further, that a grant of $400.00 to the Chippawn Volunteer Firefighters Association be approved with respect to the 1990 Can/Am Brotherhood Day Parade. The motion Carried with the following vote: AYE~ NAYEz Aldermen Campbell, Harrington, Hendershot, Hineperger, Hopkins, Janvary, err and Ward. Aldermen cowan, Puttick and Shetar. CD-90-39 - Chief Administrative officer - Re: Proposed Plan of Subdivision · Greenway Estates"; File No. 26T-90002; Owners: 6661 Menarose Road Property Inc., Mr. S, Pingue, President. The report recommends that the city clerk be authorized to process the Application for the 'Greenway Estates' Subdivision end that a report be prepared for Councll'e further consideration of this plan, based on technical information received, public input, etc. Hie Worship Ma~or Smeaton declared this a Publlc Meeting for the purpose of receiving public input, and reviewed the traditional procedure for the meeting. He noted the presence of the developer~ and received a positive response to his request for a show of hands by persons interested in the application · - 7 - Mr. Richard J. Sheridan, DS Lea Associates Ltd., discussed the subject land with the assistance of a posted sketch, and the equal area exchange of land between the City and the developer. Mr. David Leonard, 7941 Fairfleld Place, expressed concerns regarding the method Of calculating the amount of land exchanged, pedestrian access to the parkland, the results of soil testing for methane and chemical content, leachate, drainage. The concerns were addressed by Mr. Sheridan. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-90-55 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Commercial Building Addition, 6200 Thorold Stone Road; Intersection of Drummond Road & Portage Road; C of A-107/89; Site Plan control 17/90. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed Commercial Building, and the Site Plan being drawing Nuclear 1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 23, 1990, and that such approval be subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-90-56 - chief Administrative officer - Re: Site Plan Approval - Proposed 104 Unit Hotel; 4357 River Road; C of A-3/90; Site Plan control 16/90. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed 104 unit Hotel, and the Site Plan being drawing Number A1, and the Landscape Site Plan being drawing Number A2 and the Site Plan Mechanical being drawing Number M1, and the Site Plan Electrical being drawing Number E1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 23, 1990 and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. B-90-57 Chief Administrative Officer Re: 7887 Thorold Stone Road; Residential Property Standards By-law No. 74-204. The report recommends that the Corporation retain a demolition contractor to forthwith complete the Order of the Property Standards officer. Alderman Harrington declared a conflict of interest because she is a member of the Board of the Housing Authority. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. The motion Carrie~ with Alderman EarringtOn abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, cowan, Hendershot, Hinsperger, Hopkins; Janvary, err, Puttick and Sherat. NAYE: Alderman Ward. B-90~58 - Chief Administrative Officer - Re: Chippawn Business Improvement Area. The report recommends that City Council give approval for a study to be carried out in the Chippawn Business Improvement Area, which will be fifty percent financed by the City and fifty percent financed by the businesses in the Chippawn BIA area and that e ceiling of $20,000.00 be set for the study. ORDERED on the motion Of Alderman Hlnsperger, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously., B-90-59 - Chief Administrative OffiGor - Re: crossing Guard signalization, Thorold Stone Road & St. James Ave. t and Thorold Stone Road & Confederation Ave. - 8 - The report recommends that the City request the Region to install amber flashing warning beacons at the above two school crossing locations, at an approximate cost to the City of $7,500.00. Funds to cover this expenditure are available in traffic account Number 434. During the discussion Alderman Puttick referred to the Dorchester Road/Thorold Stone Road crossing and his previous concerns expressed regarding students crossing this intersection. He requested a report on this matter. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the report be received and adopted. It was further recommended that the Region be requested to post speed limit signs in this area. Carried UnanimousIv. MW-90-172 - Nusiness Park Committee - Re: Montrose Business Park, Ontario Land Surveyor Agreement. The report recommends that the by-law appearing on tonight's ageads, authorizing the execution of the Surveying Services Agreement with Matthews end Cameron Ltd., in the amount of $20,185.00, to Carry out survey works at the Montrose Business Park be approved. It was moved by Alderman Puttick, seconded by Alderman Orr, that the matter be tabled. The motion was Defeated with the following vote: AYE: Aldermen campbell, Hendershot. Hinsperger, Orr, Puttick and Sherat. NAYS: Aldermen Cowan, Harrington, Hopkins, Janvary, Ward and Mayor 8meaton. Alderman Sherat declared a conflict of interest because his employer has a business involvement. ORDERED On the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. The motion carried with Alderman Sherat abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cowan, Herrington, Hopkins, Janvary, Ward and Mayor Smeaton. NAYS: Aldermen campbell, Hendershot, Minsperger, Orr and Puttick. See By-law No. 90-201. MW-90-173 - Municipal Parking Committee - Re: Committee Report: Various Parking and Traffic Concerns. The report recommends the following: 1} That the Municipal Parking Committee's recommendation be endorsed by Council, then submitted to the Region of Niagara Council, requesting an operational review at the intersestion of Montrose Road and Lyons Creek Road; 2) That the Municipal Parking committee's recommendation be endorsed by Council, then submitted to the Region of Niagara council requesting a review of the items listed below in the report as requested by the Chippaws BIA. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-90-176 - Municipal Works Committee - RO~ Committee Reports. The report recommends the following: l} MW-90-166, Chippaws Extraneous Flow Removal Demonstration Project - It is recommended thatx (l) Approval be given for the construction of the subdrain extraneous flow removal system for the Rapelie - Sarah Street area at an estimated cost of $27,000.00~ and The city's share of the financing for this work, in the amount of $18,000.00 be linensad from the excess funds available from the Chippews Storage Tanks Account. 2) 9 MW-90-167, January - June 1990 construction Status Reports - It is recommended that the construction status reports be received for the information of council. the report be received and adopted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that Carried Unanimously. MW-90-179 - Chief Administrative Officer - Re: Easement Agreement; LOt 32, R.P. M-144, Mountaingate Estates Subdivision. The report recommends that Staff be authorized to enter into an Easement Agreement, for the purpose of a rear yard catchbasin at the location above. ORDERED on the motion of Alderman Sherat, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-198. MW-90-1S0 - Chief Administrative Officer - Re: Easement Agreement with ABe Rail Limited; Former N.S. & T. Right-of-way; East of Portage Rd. (Parts 2 & 3, Plan 59R-6641). The report recommends that Staff be authorized to enter into an Easement Agreement for the purpose of a watermain at the above location. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. see By-law No. 90-200. MW-90-181 - Chief Administrative Officer - Re: Service Centre Improvements. The report recommends that the by-law appearing later on tonight's agenda, authorizing the borrowing of a further $1.1 million for Service centre improvements, be approved. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. Bee By-law No. 90-202. MW-90-185 (HANDOUT) - Municipal Works Committee - Re: Committee Report; Road Repairs to Willouqhby Rd. & Marshall Rd. The report, which was considered earlier this evening in Municipal Works Committee, recommends that Willoughby Drive, south of Weinbrenner Road to Marshall Road, and Marshall Road from Willoughby Drive to the Niagara River Parkway, be pulverized and treated with calcium chloride. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. F-90-43 - Finanse committee - Re: Committee Report; Niagara Falls occupational Help & Development Centre. The report recommends that council approve a grant of $8,000.00 for the above organization, for the purchase of computer training e~lipment, and that the grant be repaid to the City upon receipt of a Provincial Trillium Grant by the organization. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hineperger, that the report be received and adopted. Carried Unanimously. F-90-4a - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,252,897.12, for the period ending July 30th, 1990, be approved by the passing of the by-law appearing later on the agendao Alderman Hinsperger declared a conflict of interest on Cheque Nos. 60447 and 60448 because a member of hie family is employed with the company. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 60447 and 50448, on a conflict of interest previously recorded; and with all Others voting in fayour. see ~y~aw No. 90-203. - 10 - CD-90-45 - Chief Administrative Officer - Re: Appointment to Committee of Adjustment. The report recommends that Council select an Appointee to serve on the Committee of Adjustment to complete the remainder of the term left vacant by the resignation of Mrs. Done Coyills. - AND - COmmunication No. 255 (HANDOUT) - john Hind - Re: Appointment to committee of Adjustment. The communication asks Council's support in the appointment. As a result of secret ballot, Mr. Michael Aceti was selected to fill the vacant position on the Committee of Adjustment. His Worship Mayor Smeaton congratulated the successful candidate. A by-law ratifying the appointment will appear on the agenda of the next meeting of council. S-90-13 - chief Administrative Officer - Re: Establishment of Certain Street Widbnings on R.P. M-52 as Public Highways; AND Establishment of Certain One-Foot Reserves on R.P. M-52, R.P. M-77 and R.P. M-142 as Public Highways. The report recommends that the by-law included on this evening's agenda for the following be passed: 1) Establishment as Public Highways of Blocks C and D on R.P. M-52 to become part of Petit Avenue; 2) Establishment as Public Highways of Blocks E and F on R.P. M-52 to become part of Dawson Street; 3) Establishment as Public Highways of Blocks G and H on R.P. M-52, save and except Parts 4 and 5 on Reference Plan 59R-5106, to become part of Dawson Street; 4) Establishment of Public Highway of Block G on R.P. M-77 to become part of Alex Avenue; s) Establishment as Public Highway of Block J on R.P, M-77 to become part of Lakewood Crescent; and 6) Establishment as Public Highway of Block 10 on R.P. M-142 to become part of Lakewood Crescent. ORDERED On the motion of Alderman Hopkins~ seconded by Alderman Hendershot, that the report be received and adopted, carried Unanimously. See ~v-law NO. 90-196. 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 s Me. 90-190 - A by-law to alter the boundaries of the Urban Service Area of the City, (Report PD-90-97 approved by Council June 1/90; and PD-90- 121 see July 30/90). Me. 90-195 - A by-law to amend By-law No. 79-200, as amended. (AM-41/87, Landcorp Ontario Limited, Pt. Twp. Lot 79/Report FD-90-88-45 approved by Council March 14, 1989). No. 90-196 - A by-law to establish sertain one foot reserves and road widenings as public highways. No. 90-197 - A by-law to authorize the sale of land to 828312 Ontario Inc. (CD-90-23 approved by Council April 30, 1990). No. 50-198 - A by-law to authorize the execution of a grant of easement from Selina Volpatti to The Corporation o~ the City of Niagara Falls. i - 11 - No. 90-199 - A by-law to designate certain land not to be subject to part lot control. No. 90-200 - A by-law to authorize an easement in favor of ABC Rail Limited. No. 90-201 - A by-law to authorize the execution of an agreement with Matthews & cameron Ltd. to carry out survey works at the Montrose Business Park. No. 90-202 - A by-law to authorize improvements to the Stanley Avenue Municipal Service Centre. NO. 90-203 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Herrington, Hinsperger and Hopkins voting contrary on By-law No. 90-190 as previously recorded under Report No. PD-90-121; with Aldermen Campbell, Hendershot, Hinsperger, Orr and Puttick voting contrary on By-law No. 90-201 as previously recorded under Report No. MW-90-172; with Alderman Hinsperger abstaining from the vote on By-law No. 90-203 as previously recorded under Report No. F-90-44; with Alderman Puttick voting contrary on By- law No. 90-202; and with all others voting in fayour. ORDER,~,D on~be motion of Alderman Hinsperger, seconded by Alderman campbell, that the following by-l~ws bednow read a second and third time: 90-190 - A by-law to alter the boundaries of the Urban Service Area of the City. No. 90-195 - A by-law to amend By-law No. 79-200, as amended. No. 90-196 - A by-law to establish certain one foot reserves and road widehinge as public highways. No. 90-197 - A by-law to authorize the sale of land to 828312 Ontario Inc. No. 90-198 - A by-law to authorize the execution of a grant of easement from Selina Volpatti to The Corporation of the City of Niagara Falls. No. 90-199 - A by-law to designate certain land not to be subject to part lot control. No. 90-200 - A by-law to authorize an easement in favor of ABC Rail Limited. No. 90-201 - A by-law to authorize the execution of an agreement with Matthews & Cameron Ltd. to carry out survey works at the Montrose Business Park. No. 90-202 - A by-law to authorize improvements to the Stanley Avenue Municipal Service Centre. No. 90-203 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington, Hinsperger and Hopkins voting contrary on By-law No. 90-190 as previously recorded; with Aldermen campbell, Hendershot, Hineperger, Orr and Puttick voting contrary on By-law No. 90-201 as previously recorded; with Alderman Hinsperger abstaining from the vote on By- law No. 90-203 as previously recorded; with Alderman Puttick voting contrary on By-law No, 90-202; and with all others voting in fayour. NOTES By-law No. 90-190 could not be legally passed on this date because under the Niagara Falls Act, S.c. 1962-63, a vote of three-fourths of all the members of Council is required. - 12 - NEW BUSINESS ITEMS OF INTEREST: Announcements - Hie Worship Mayor Smeaton stated that a Car Show for Antique, Classic and Specialty interest vehicles, would be held on August 4th, 1990, on Queen Street, with entertainment, sidewalk sale, petting zoo. and food and beverage available. HiS Worship Mayor Smeaton announced that a Terry Fox Memorial Luncheon was scheduled to be held at the Ramada Inn on August 13th, 1990, 11:00 a.m. to 2:00 p.m. , · , , , It was moved by Alderman Hopkins, seconded by Alderman Sherar, that the meeting adjourn. Carried Unanimousiv. READ AND ADOPTED, E.C. WAGG, CITY SMEATON TWENTY-EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 August 13, 1990 council met on Monday, August 13th, 1990, at 6:00 p.m., in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton who was scheduled for minor surgery and Alderman Cummings who was in the hospital, were present. Alderman Hopkins presided as Chairman. Following consideration of the items presented, the committee of the Whole arose without reporting. READ AND ADOPTED, APPOINTMENT OF ACTING MAYOR ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that Alderman Paisley Janvary be appointed Acting Mayor in the absence of His Worship Mayor Smeaton for tonight's council Meeting. carried Unanimously. REGULAR MEETING Council chambers August 13, 1990 council met on Monday, August 13th, 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 scheduled for minor surgery and Alderman Cummings who was in the hospital, were present. Acting Mayor Paisley Janvary presided as Chairman. Alderman Herrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hopkins, seconded on the motion of Alderman Cowan, that the minutes of the meeting held July 3Oth, 1990 be adopted as printed. Carried Unanimousiv. DEPUTATIONS NIAGARA FALLS ECONOMIC DEVELOPMENT AGENCY - Palfinger Inc. - Mr. Charles Chataway, Director of the Niagara Falls Economic Development Agency, introduced Mr. Walter Parass~ President of Palfinger Inc., who announced that Palfinger Inc., the world's largest manufacturer of truck mounted folding cranes, plans to build a multi-million dollar manufacturing and distribution centre in the south end of Niagara Falls (Mullet Industrial Park at Dorchester and Oldfield Roads). Alderman Sherat welcomed Mr. Parass and his company to the City of Niagara Falls and Acting Mayor Janvary thanked the Economic Development Agency for their assistance provided to Palfinger Inc. - 2 - UNFINISHED BUSINESS pARKING IN NIAGARA TRANSIT COMPOUND - Letter from Niagara Transit regarding charging non-transit employees for parking in the Niagara Transit compound. Since ample free parking exists in the area of the complex, the levying of a small monthly parking fee for secured parking remains a viable option for those wishing to take advantage Of it. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Harrington, that the letter be received and filed. Carried Unanimously. EXTENSION ~ SERVICE AREA, BY-LAW 90-190 - CDZ90-46 - Chief Administrative Officer - Re: Extension Urban Service Area, By- Law 90-190. The report recommends the following: 1) That this report be received for information purposes. 2) That subject to the terms of the standing rules of Council By-law 89-155, this matter be allowed to be brought back when it is anticipated that the full membership of council will be in attendance. Mr. Ray Parfitt, Planner for Miller O'Dell Planning Associates and Philips Engineering Limited, was granted permission to address Council. Mr. Parfitt indicated that he was representing the applicant, Cornwill Investments Ltd., on this matter and was in attendance to confirm with Council that the matter was still under consideration. The Chief Administrative Officer advised that a full membership of Council must be in attendance in order for the by-law to be passed. A vote with less than three-fourths of the full Council present is not sufficient for approval of the By-law given the City of Niagara Falls Act 1962-63, Chapter 175, Section 2(1) which reads, 'The Council of the City may, by By-law passed by a vote of three-fourths of all the members of Council, alter the boundaries of the urban service area, but no such By-law shall take effect until it has been approved by the Ontario Municipal Board'. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr~ that the report be received and adopted. carried Unanimously. COMMUNICATIONS No. 255 - The corporation ef the City of Scarborough - Re: Sunday Store Openings. The communication asks council to support a resolution to the Province that Sunday store openings not be required and employees of stores not be required to work on Sundays. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the communication be received and the resolution be supported, and a copy referred to the Region's Committee on Sunday Shopping. The motion Carried with the following votes AYE: Aldermen Campbell, Cowan, Hendershot, Hinsperger, Mopkins, Orr, Puttick, Sherat and Ward. NAYES Alderman Harrington and Janvary. No. 2S6 - Ministt7 of Housing, Office of the Mieister - Res 1990 Federal- Provincial Non-Profit Program. The communication encloses details of the allocations being made in this community under the 1990 Federal-Provincial Non- Profit Program, a major federal-provincial initiative to increase the availabllit~ of affordable rental housing· ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Sherat, that the communication be received and filed· carried Unanimous%v. -3 - No. 257 - The Arthritis Society - Re: Proclamation - Annual Residential Campaign. The communication asks council to proclaim the month of September, 1990 as "Arthritis Month", to endorse the campaign, and requests approval to fly the Society's flag at City Hall during the campaign. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cowan, that the requests be approved subject to established policy. Carried Unanimously. No. 258A - Chippawa Volunteer Firefighters Association - Re: Street Dance - August 18, 1990, Chippawa Firehall, 8696 Banting Avenue, Niagara Falls, Ontario. The communication requests a Special occasion Permit for the event. No. 258B - Chippawa Volunteer Firefighters Association - Re: Fourth Annual Can- Am Firemen's Convention - September 29, 1990, chippawa Fireball, 8696 Banting Avenue, Niagara Falls, ontario. The communication requests a Special occasion Permit for the event. No· 258C - Ontario Nydro Secial Committee, Niagara River District, Western Region - Re: outdoor Social BBQ - August 18, 1990, Firemen's Park, Niagara Falls, Ontario. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Ward, seconded by Alderman Binsperger, that Council indicate it has no objection to the issuance of Special Occasion permits for The Chippawa Volunteer Firefighters Association in conjunction with their Street Dance and Fourth Annual Can-AmFiremen's Convention as well as the Ontario Mydro Social Committee in conjunction with their outdoor social BBQ, subject to the approval of The Regional Police Department, The Niagara Falls Fire Department, The-Regional Health 8errices Department, and The Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS B-90-60 - Chief Administrative Officer - Re: The Buildings & Inspections Department, Report for July, 1990. The report recommends that the report be received and filed. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD-90-126 - Chief Administrative Officer - Re: 1990-91 PRIDE Application for Downtown ~ Funding Acceptance. The report recommends the following: 1} That Council accept the $207,500.00 Provincial grant for the 1990-91 PRIDE Program and that Council commit at least an equivalent $207,500.00 ae the City'sl~3rtion to the Downtown PRIDE project as required by the Province; 2) That a copy of this report and formal resolution with respect to the above recommendation be forwarded to the Ministry of Municipal Affairs for its review; and That staff be directed to proceed with the preparation of a Community Improvement Plan. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted· Carried Unanimously=. See Resolution No. 59. MW-90-182 - Alderman Bruce Cowan, Chairman, Mountain Road Landfill Public Liaison COmmittee - Res The report recommends that Lori Tomasky be appointed to serve on the Mountain Road Landfill Public Liaison Committee. - 4 - ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-212 MW-90-186 - Alderman Paisley Janvary, Chairman, Municipal Works Committee - Re: Municipal Works Committee Reports: (I) Sodding of Boulevards in Rainbow Gardens Subdivision in Front of Semi-Detached Lots, (II) Niagara Falls Fire Fighters Association - Canoe Fortage, (III} 1990 Asphalt Overlay/Rehabilitation Program. The report recommends the following= ~I) MW-90-183 - Soddinq of Boulevsrds in Rainbow Gardens Subdivision It is recommended that: 1) ~ Kenmore Construction be acknowledged for their co-operation in resolving this matter; and 2) This report be received and filed. (IX) MW-90-174 - Niaqara Falls Fire Fighters Association - Canoe Portaqe It is recommended that the Canoe Portage event requested by the Niagara Falls Fighters Association be approved subject to the following conditions: z) 2) That the event meet all requirements from all other authorities; That a copy of the 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) That a vehicle following the *canoe portage' be provided by the events organizer and that the vehicle be equipped with a 'slow moving" sign or an amber flashing beacon; and 4) That one Police Officer with an accompanying vehicle will escort the · canoe portage' participants. Costs for the escort provision are to be borne by the Fire Fighters Association. (IIz) MW-90-175 - 1990 Asphalt Overlay/Rehabilitation ProQram It is recommended that the list of streets noted in the rep6rt be included in the 1990 Asphalt Overlay/Rehabilitation Program up to the limit of available funding. ORDERED on the motion of Alderman Orr, seconded by Alderman Mendershot, that the reports be received and adopted. Carried Unanimously. MW-90-187 - Chief Administrative Officer - Rex Release of storm Sewer Easement by thecity shown as Part 2, Plan 59R-3114 and Part 3, Plan 59R-6857 (Dorchester Road south of Oldfield Road). The report recommends that the By-law on council's agenda recommending that the City relinquish easement rights over the above- referenced part and described in Instrument No. LT18537, registered on April 17, 1980, be approved. Aldermen Ward declared a conflict of interest because he has a business relationship in relation to the development, ORDERED on the motion of Alderman Orr, seconded by Alderman sherat, that the report be received and adopted. The motion carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. See By-law No. 90-204. 5 MW-90-188 - Chief Administrative Officer - Re: Dedication of an Existing One Foot Reserve to Public Highways on Post Road. The report recommends that the existing one foot reserve shown as Part 7, Reference Plan 59R-7160 be dedicated as Public Highways. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 90-205. MW-90-189 - Chief Administrative Officer - Re: Contract #90-107, storm sewer Installation, Road and Sidewalk Construction on Keiffer Street. The report recommends that the unit prices submitted by the low tendeter, Master Paving & construction Ltd., be accepted and this contract be awarded subject to: 1) By-law No. 90-110 appearing on tonight's council Agenda, be given a third reading. 2) That $25,000.00 from contribution to Capital Spending be allocated for joint repairs to the sanitary sewers and joint repairs. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. see By-law No. 90-110. See By-law No. 90-208. see Resolution No. 60. MW~90-190 - Chief Administrative Officer - Re: Contract #90-106, storm Sewer Installation & Road Reconstruction on Queensway Gardens, Dianne Street, Dirdene Street, Close Avenue, Dianne Crescent & Queensway crescent. The report recommends that the unit prices submitted by the low tendeter, Bear Construction Inc., be accepted and this contract be awarded. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimouslv~ see By-law No.90-207. See Resolution No. 61. MW-90-191 - Chief Administrative Officer - Re: Contract #90-03, Hot Mix Asphalt Overlays. The report recommends that the unit prices submitted by the low tendeter, Northland Bitulithic Ltd., be accepted. ORDERED on the motion of Alderman Ward, seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 90-209. See Resolution No. MW-90-194 - Chief Administrative officer - Re= Subdivision Agreement for Mountaingate Estates Subdivision, Phase II. The report recommends that the By- law on tonight'e agenda authorizing the execution by the City for the SubdiVisiOn Agreement for Mountaingate Estates Subdivision, Phase II, be approved. ORDERED on the motion of Alderman Orr, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimouslv~ Bee By-law No. 90-210. F-90-45 - Chief Administrative Officer - Rex Municipal Accounts. The report recommends that the accounts totalling $5,557,80S,12, for the period ending August 13, 1990, be approved by the passing of the by-law appearing later on the agenda0 - 6- Alderman Hinsperger declared a conflict of interest on cheque Noe. 60588 and 60721 because a member of his family is employed with the company. Alderman Hendershot declared a conflict of interest on Cheque No. 60777 because the cheque is made payable to himself. Alderman Sherat declared a conflict of interest on Cheque No. 60630 because his employer is involved with the development. Alderman Harrington declared a conflict of interest on Cheque NO. 60776 because she will be unable to attend the AMO Conference. Additional information was provided on Cheque Nos. 60750 and 60856 at the request of Aldermen Orr and Cowan. ORDMRED on the motion of Alderman Binsperger, seconded by Alderman Orr, tha~ the report be received and adopted. The motion Carried with Alderman Hineperger abstaining from the vote on cheque Nos. 60588 and 60721, Alderman Rendershot abstaining from the vote on Cheque No. 60777, Alderman Sherat abstaining from the vote on Cheque No. 60630, and Alderman Herrington abstaining from the vote on Cheque No. 60776, on conflicts of interest previously recorded; and with aI1 others voting in fayour. See Bv-law No. 90-213. F-90-a6 (BANDOUT) - Alderman Bruce Ward, Vice Chairperson, Finance Committee - Re: Finance Committee Report: 1) Niagara Transit; 2) FC-90-16, Recreation Department Computer System. The report recommends the following: 1} That Council grant permission to Niagara Transit for the advanced procurement of two buses from Ontario Bus Industries. 2) That council approve the purchase of a BULL DPX/2 Model 210, mini computer from BULL HN Information Systems. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ward, that Recommendation #1 of the report be received and adopted. Carried Unanimously. After some discussion, it was ORDERED on the motion of Alderman Orr, seconded by Alderman cowan, that Recommendation #2 of the report be tabled. The motion was Defeated with the following vote: i AYEz Aldermen cowan, Orr, and Ward. NAYE~ Aldermen Campbell, Barrington, Hendershot, Hinsperger, Hopkins, Sherat, end Puttick. ORDERED on the motion of Alderman Nlnsperger, seconded by Alderman Henderehot, that Recommendation #2 of the report be received and adopted. The motion Carried with the following vote~ AYE: HAYEs Aidemen Campbell, Herrington, Hendershot# Hinsperger, Hopkins, Sherat, and Puttick. Aldermen Cowan, Orr, and Ward. s-90-16 - chief Administrative Officer - Re: The Establishment as'e Public Highway Lands Dedicated as Part of Dorchester Road. The report recommends that Council approve the By-Iaw on this evening's egenda which would establish Part 4 on Reference Plan 59R-7136 for Public Highway purposes. Aldemsn Ward declared e conflict of interest because he has a business relationship in relation to the development. - 7 - ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously recorded; and with all others voting in fayour. See By-law No. 90-206. CD-90-47 - Chief Administrative Officer - Re: Land Division Committee and Niagara Escarpment Development control Applications. The report recommends that this report be received and filed for the information of Council. ORDERED On the motion of Alderman Hopkins, seconded by Alderman Shetar, that the report be received and adopted. Carried Unanimouslv~ RESOLUTIONS NO. 59 - ORR - SHEPJ%R - RESOLVED that the Council of the City of Niagara Falls, on the Thirteenth day of August, 1990, agreed to accept the $207,500.00 Provincial grant for the 1990-91 P.R.I.D.E. Program and to commit at least the equivalent of $207,500.00 as the City'e portion to the Downtown P.R.I.D.E. project as required by the province; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 60 - ORR - COWAN - RESOLVED that the unit prices submitted by Master Paving & Construction Ltd. for Contract #90-107 - Storm Sewer Installation, Road and Sidewalk Construction on Keiffer Street, at the tendered amount of $212,686.05 be accepted, subject 1) By-law No. 90-110 being given the third and final reading; 2) That $25,000.00 from contribution to capital Spending be allocated for joint repairs to the sanitary sewers and joint repairs; AND the Seal of the corporation be hereto affixed. Carried Unanimously. No. 61 - ORR - BXNSPERGBR - RESOLVED that the unit prices submitted by Bear Construction Inc. for Contract No. 90-106 - Storm Sewer Installation & Road Reconstruction on Queensway Gardens, Dianne Street, Dirdene Street, close Avenue, Dianne crescent and Queensway Crescent, at the tendered amount of $522,796.81, be accepted; AND the Seal of the Corporation be hereto affixed. carried unanimousl . No. 62 - WARD - RXNSPRRGER - RESOLVED that the unit prices submitted by Northland Bitulithic Ltd. for contract No. 90-03 - Hot Mix Asphalt Overlays, at the tendered amount of $759,495.40, be accepted. AND the seal of the corporation be hereto affixed. Carried uanimouel . BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that leave be granted to introduce By-law No. 90-110, and the by-law be read s third and final timel 8 No. 90-110 The motion A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. carried with all voting in favour. ORDERED on be granted time: the motion of Alderman Orr, seconded by Alderman Cowan, that leave to introduce the following by-laws, and the by-laws be read a first No. 90-204 - A by-law to authorize a release and abandonment of easement or licence. (Pt. Lot 197, Former Twp. Of Stamford). No. 90-205 - A by-law to establish certain one foot reserve as a public highway. NO. 90-206 No. 90-207 - A by-law to establish certain land as part of Dorchester Road being a public highway. A by-law to authorize the execution of an agreement with Bear Construction Inc. for road reconstruction and storm sewers on Dianne Street, Queensway Gardens, Dirdene street, Close Avenue, Dianne crescent and Queensway crescent. No. 90-208 - A by-law to authorize the execution of an agreement with Master Paving & Construction (Niagara Falls) Ltd. for storm sewer installation and road and sidewalk construction on Keiffer 8trees. No. 90-209 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited. No. 90-210 - A by-law to authorize the execution of a subdivision agreement with 527786 Ontario Limited and others respecting the Mountaingate Estates (Plan 2) subdivision. No. 90-211 - A by-law to amend No. 79-200, as amended. (AM-04/90, Margaret Conholly, North Side of Eiamonte Parkway, Lot 22, Reference Plan 84, Report PD-90-32, approved by Council March 12, 1990). NO. 90-212 - A by-law to amend By-law No. 89-01 providing for appointments to certain Boards, Commissions and Committees. No. 90-213 No. 90-214 - A by-law to provide monies for general purposes. - A by-law to provide for the adoption of an amendmefftto the Official Plan of the Niagara Falls Planning Area. (O.P.A. 194, Royal Bank of Canada, 5733 Victoria Avenue, North Corner of Centre Street and Victoria Avenue - Report, PD-90-101, approved by council June 11, 1990). No. 90-215 - A by-law to amend No. 79-200, as amended. (AM-14/90, Royal Bank of Canada, 5733 Victoria Avenue, North Corner of Centre Street and Victoria Avenue - Report, PD-90-101, approved by Council June llr 1990). NO. 90-216 - A by-law to amend By-law No. 79-200, as amended. (AM-11/90, Fidelity Leather & Vinyl Products Ltd., Northeast corner of Gellinger 8trees & Mentress Road - Report, PD-90-96, approved by Council June 11, 1990). The motion Carried with Aldermen Herrington, Hendershot, Hinsperger, end Sherat abstaining from the vote on By-law No. 90-213 as previously recorded under Report No. F-90-45 on cheque Nee. 60588, 60630, 60721, 60776 and 60777; and with all others voting in fayour. ORDERED on be granted second and - 9 - the motion of Alderman Orr, seconded by Alderman Cowan, that leave to introduce the following by-laws, and the by-laws be now read a third time: No. 90-204 - A by-law to authorize a release and abandonment of easement or licence. (Pt. Lot 197, Former Twp. of Stamford). No. 90-205 - A by-law to establish certain one foot reserve as a public highway. No. 90-206 - A by-law to establish certain land as part of Dorchester Road being a public highway. NO. g0-207 - A by-law to authorize the execution of an agreement with Bear Construction Inc. for road reconstruction and storm sewers on Dianne Street, Queensway Gardens, Dirdene street, Close Avenue, Dianne Crescent and Queensway Crescent. No. 90-208 - A by-law to authorize the execution of an agreement with Master Paving & Construction (Niagara Falls) Ltd. for storm sewer installation and road and sidewalk construction on Keiffer Street. No. 90-209 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited. NO. 90-210 - A by-law to authorize the execution of a subdivision agreement with 527786 Ontario Limited and others respecting the Mountaingate Estates (Plan 2) subdivision. No. 90-211 - A by-law to amend No. 79-200, as amended. (AM-04/90, Margaret Cormoily, North Side of Biemonte Parkway, Lot 22, Reference Plan 84, Report PD-90-32, approved by council March 12, 1990). No. 90-212 - A by-law to amend By-law No. 89-01 providing for appointments to Certain Boards, Commissions and Committees. No. 90-213 - A by-law to provide monies for general purposes. No. 90-214 A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (O.P.A. 194, Royal Bank of canada, 5733 Victoria Avenue, North Corner of Centre Street and Victoria Avenue ~ Report, PD-90-101, approved by council June ll, 1990). No. 90-215 - A by-law to amend No. 79-200, as amended. (AM-14/90, Royal Bank Of Canada, 5733 Victoria Avenue, North corner of centre Street and Victoria Avenue - Report, PD-90-101, approved by Council June 11, 1990). No. 90-216 - A by-law to amend By-law NO. 79-200, as amended. (AM-11/90, Fidelity Leather & Vinyl Products Ltd., Northeast Corner of Gallinger Street & Montrose Road - Report, PD-90-96, approved by Council June 11, 1990). The motion ~arried with Aldermen Barrington, Rendershot, Binsperger, and Shetar abstaining from the vote on By-law No. 90-213 as previously recorded under Report No. F-90-45 on Cheque Nee. 60588, 60630, 60721, 60776 and 60777; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCERNS Name Plates (Offices st City Hall) - Alderman Orr requested that portable name plates be placed on the walls of offices st city Hall and not on the doors, which are usually open, thereby making it difficult to establish who is in which office. - l0 - Mr. Murray Johnston, Director of Buildings & Inspections, indicated that the Engineering name plates had already been erected and that Staff were already working toward the desired objective of conformity throughout City Hall. Speech to NAC A~M - children Living in Poverty - Alderman Harrington suggested that she would like to refer the speech on Children Living in Poverty to the Social Planning Council/Project S.H.A.R.E. for their information. Alderman Orr indicated that many people who are already on Social Assistance will continue to compound this problem unless they can improve on their situation and provide for any offspring they may have. TWENTY-NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 August 27, 1990 council met on Monday, August 27th, 1990, at 7:15 p.m., in Committee of the Whole. All members of Council, with the exception of Alderman Cummings who was in hospital, were present. Alderman Hendershot presided as chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. ITEMS OF XNTEREST: Main and Ferr~ Business Area - Alderman Sherat complimented the owner of an establishment in the Main and Ferry Business Area who had painted a mural of flowers on the store walls. Ne indicated that it was a great improvement to the Main and Ferry community and suggested that the store owner should be congratulated and commended for his efforts. C.U.P.E. L~cal 133 - Annual Picnic - Acting Mayor Janvary stated that in the council Handouts, there was an invitation from C.U.P.E. Local 133 inviting members to attend the Annual Picnic to be held on August 18, 1990 at Queenston Neights (Pavilion #1) starting at 12:00 noon. , , , , · It was moved by Alderman Cowan, seconded by Alderman orr, that the meeting adjourn. carried Unanimously. CT ~ MA~O~ PA~SLE J A ~N ~ ANVAR~ READ AND ADOPTED, PLANNING/REGULAR MEETING Council chambers August 27, 1990. council met on Monday, August 27th, 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. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Sherat, that the minutes of the meeting held August 13th, 1990, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTER~ PD-90-127 - Chief Administrative Officer - Re: Official Plan Amendment No. 191 & No. 192. Nabisco Brands Properties and Nabisco Brands Canada, 1651, 5695 & 5700 Lewis Avenue. The report recommends the fellowing: 1) That Council support the proposed Official Plan Amendments which will designate the subject properties as a Special Policy Area, recognizing the existing industrial use of the lands; 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. 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 Notice of the Public Meeting was published in the local newspaper on July 27th, 1990, 31 days ago. His Worship Mayor Smeaton received indication of the presence of Mr. Dennis A. Trinaistich, McMillan Binch, agent for the applicant; and received a negative response to his reguest for a show of hands from persons present who - 2 - were interested in the applications. Me asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches. He reviewed the following information contained in Technical Report No. PD-90-125: Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review & Analysis. Mr. Trinaistich spoke briefly to the applications, indicating his agreement with the Planning Report. Since no further comments were forthcoming, Mis 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. Carried Unanimously. PD-90-128 - chief Administrative Officer - Re: Zoning Amendment Application AM- 21/90, 876929 & 876930 Ontario Ltd., Part of Twp. Lot 170, North Side of McLeod Road. The report recommends the following: l) That Council support the Zoning By-law Amendment application for R4 Zoning, with special provisions for stacked townhouses; 2) That the applicant be required to dedicate a 5.18m (17 ft.) strip of land for road widening purposes and pay the costs of constructing a sidewalk across the property'e frontage on McLeod Road, extend Municipal water and sanitary services, and design and construct a storm drainage system using storm water management techniques, all to the satisfaction of the City's Municipal Works Department; 3) That the applicant satisfy the Region that sewage flows emanating from the project can be accommodated in the High Lift Pumping Station; 4) That the lands be placed under Site Plan Control to address grading, lighting, landscaping, etc., and that Staff be directed to prepare the amending by-laws for enactment at a subsequent Council meeting; and 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - ~ COmmunication No. 259 - City of Niagara Falls Non-Profit Housing Corporation - Re: Zoning By-lawAmendment Application AM-21/90, Lands North Side McLeod Rd., 91 Mettee East of Kalar Rd. The communication advises that the Board does not object to residential development with respect to the subject lands, and advises that the adjacent land is owned by the Hoard for future Non-Profit Low Income type residential development. His Worship Mayor smeaton declared the Public Meeting open, and explained that the procedure to be followed would be similar to the previous application. The Clerk advised that the Notices of the Public Meeting Were forwarded by First Class mail on July 27th, 1990, 31 days ago. His Worship Mayor smeaton received indication of the presence of Mr. F. Paul, Nynde Paul & Associates, agent for the applicant; and received a negative response tQ his request for a show of hands from persons present who were interested in the applications. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning & Development discussed the subject lands with the assistance of posted sketches. He reviewed the following information contained in Technical Report No. PD-90-124: Development Proposal; Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Public Notification process; Planning Review; and Site Plan Review. Mr. Paul briefly spoke to the application, and indicated his general agreement with the Planning Report. 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 Janvary, that the report be received and adopted. Carried Unanimously. DEPUTATION ~ADALORCO MANUFACTURING LTD., LOT 7, PLAN M-67, PROGRESS AVENUE - COmmunication No. 260 - Peter S. Mann, Solicitor, Slovak, Mann, Stockton , Henderson & Hey - Re: Sadalorco Manufacturing Limited, Lot 7, Plan M-67, Progress Avenue. The communication, written on behalf of Mr. Halim R. Badawy, owner of the aforementioned Company, requests a further extension of ten months, to commence construction of the building, and further, requests permission to address Council on August 27th, 1990, regarding this matter. - AND - Report No. CD-90-48 - Chief Administrative Officer - Re: Request for Extension of Reserve; Lot 7, Plan M-67, Progress Avenue, Badalorco Manufacturing Limited. The report recommends the following: 1) That this report be received and filed for the information of Council; 2) That Council consider the request of Badalorco Manufacturing Limited for an extension of Reserve on Lot 7, Plan M-67. Mr. Malcolm Stockton was present to answer any questions which members of Council may have had. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the communication be received and filed, and the report be received and the request for extension approved. Carried UnanimouslY* UNFINISHED BUSINESS EXTENSION OF WATERMAIN ALONG ME~,UKN ROAD/CONCESSION 6 - Rspert No. MW-90-204 - COmmittee of thaW hole - Re: Extension of Watermain Along Mewburn Road/Concession 6. The report recommends that approval in principle be granted to the extension of a watermain along Mewburn Road/Concession 6 from Mountain Road into Niagara-on-the-Lake to the existing watermain just north of Highway 405, with the understanding that no development or urbanization should occur in this area as a result of the watermain installation. ORDERED on the motion of Alderman Ward, seconded by Alderman Headershot, that the report be received and adopted. Carried Unanimouelv. COMMUNICATIONS No. 261 - Rexanne Folios, Manager, Pro~ect S.H.A.R.v'. - Rez Project S.H.A.R.E. Food Drive, Thursday, Friday, Saturday, October 4, 5 and 6, 1990. The communication provides information regarding the upcoming Food Drive, requests the use of City facilities as a "drop-off point' and participation again this year. · 4 - 4 - ORDERED on the motion of Alderman Ward, seconded by Alderman Hinsperger, that the requests be granted, and Staff be authorized to coordinate the project. Carried Unanimously. No. 262 - Minister of Municipal Affairs - Re: Local Government Week - October 15th to 20th, 1990. The communication provides information regarding Local Government Week and encourages active participation ie the event. ORDERED on the motion of Alderman Shetar, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 263 - Ruth L. Pitman, Regional Director, Solicitor General Canada - Re: National Crime Prevention Week - November 4th to 10th, 1990. The communication requests Council to stage a Media Conference with respect to this event. ORDERED on the motion of Alderman Ward, seconded by Alderman Binsperger, that the communication be received and referred to the offices of the Mayor and Chief Administrative Officer for consideration. Carried Unanimously. No. 264 - Oreater Niagara Big Brothers Association Inc. - Re: Proclamation. The communication asks Council to proclaim the month of september, 1990, as "Big Brother Month'. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherat, that the request be approved subject to eatableshed policy. Carried Unanimously. No. 265 - Ontario Building Officials Association - Re: Proclamation. The communication asks Council to proclaim September 23rd to 29th, 1990, as "Building Regulations Awareness Week". ORDERED on the motion of Alderman Hopkins, seconded by Alderman Sherat, that the request be approved subject to established policy. Carried Unanimously. No. 266 Regional Niagara office of the Clerk - Re: Extraneous Flow Legislation. The communication requests endcreation of a resolution asking the Province of Ontario to enact empowering legislation. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the resolution be endorsed. Carried Unanimously. No. 267 - Regional Niagara Office of the Clerk - Re: Retail Business Holidays Act and Resolution. The communication attaches a resolution asking the Government of Ontario to repeal the most recent amendments to the Act, and restore it to a constitutionally acceptable format. ~ ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hendershot, that the resolution be endorsed. The motion carried with the following vote: AYE~ NAYE~ Aldermen Campbell, Herrington, Hendershot, Hineperger~ Hopkins, Janvary, err, Puttick, Sherat and Ward· Alderman Cowan. No. 268 - Regional Niagara Office of the clerk - Re: Status of the Retail Business Holidays Act. The communication advises that consideration for exemptions under the Retail Business Holidays Act has been tabled by the Special Committee. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the communication be received and filed. carried Unanimousiv. No. 269 - Regional Niagara Planning & Development Department - RO~ Peach & Grape & Wine Promotion. The communication requests the insertion Of brochures, respecting the subject matter, in the Municipal water and/or tax bills. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the request be approved. Carried Unanimously. - 5 - No. 270 - Niagara Region Sexual Assault Centre - Re: "Take Back The Night' March - September 13th, 1990. The communication requests the use of City facilities for the event. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cowan, that the request be approved. Carried Unanimously. REPORTS B-90-61 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Coin Operated Car Wash; North East corner Stanley Avenue & church's Lane, AM-lO/89. The report recommends that the Council approved the site plan(s) on display at tonight's meeting, being a proposed coin operated car wash, and the Site Grading & Services being drawing Number Cl, and the Landscaped Area Detail being drawing Number L1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 13th, 1990, and that such approval he subject to the conditions outlined in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Bendershot, that the report be received and adopted. Carried Unanimously. B-90-62 - chief Administrative Officer - Re: site Plan Approval - Proposed Restaurant & Residential Development, 7977 Portage Road. The report recommends that the council approve the site plan(s) on display at tonight's meeting, being a proposed Restaurant & two Unit Residential Development, and the Site Plan being drawing Number 1, and filed with the Buildings and Inspections Department of the City of Niagara Palls on August 17th, 1990, and that such approval be subject to the conditions enumerated in the report. Mrs. Shirley Fisher, 6460 Armstrong Drive, expressed concern regarding the number of restaurants in the Chippawn area. ORDERED on the motion of Alderman Harrington, seconded by Alderman Ward, that the report be received end adopted. Carried Unanimously. B-90-64 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Convenience Store; 6555 Meritrose Road at Badger Road, AM-26/88 - By-law NO. 90- 67 and No. 90-68. The report recommends that the Council approve the site plan(s) on display at tonight's meeting, being a proposed convenience store, and the site Plan being drawing Number i Of 2, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 12th, 1990, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, that the report be received and adopted. The motion Carrie~ with the following vote: AYE: Aldermen Campbell, Cowan, Barrington, Hendershot, Hinsperger, Hopkins, err, Puttick, Sherat and Ward. NAYE: alderman Janvary. B-90-65 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 8 storey, 80 Unit Hotel Building, 5257 Ferry Street, AM-6/90 - By-law No. 90-167. The report recommends that the council approve the site plan(s) on display at tonight'e meeting, being a proposed 8 storey, 80 Unit Hotel Building, and the Site Plan being drawing Number i of 2, and the Site Plan Services and Grading being drawing Number 2 of 2, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 21st, 1990, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Cowan, that the report be received and adopted. Carried UnanimmaslV~. B-SO-66 - chief Administrative Officer - ReI site Plan Approval - proposed Car Rental Establishment, 5762 Stanley Avenue. The report recommends that the Counsil approve the site plan(s) on display at tonight'e meeting, being a proposed Car Rental Establishment, and the site Plan being drawing Number SP-1, - 6 - and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 23rd, 1990, and that such approval he subject to the conditions specified in the report. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hinsperger, that the report be received and adopted. carried Unanimously. B-90-67 - chief Administrative Officer - Re: Fireball Administration Building, Morrison Street. The report recommends that Council authorize Staff to hire the firm of Brian Watkieson Architect Inc., to provide complete architectural services for the proposed Fireball Administration Building, and that tenders be received for Council's future consideration. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. MW-90-164 Chief Administrative Officer - Re: Subdivision Agreement for Balmoral Court Subdivision. The report recommends that the by-law on tonight's age~da, authorizing the execution by the City of the Subdivision Agreement, be approved. ORDERED on the motion Of Alderman Sherat, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 90-225. MW-90-193 - Business Park Committee - Re: Heatrose Business Park - Options. The report recommends the following: 1) That the City continue with the detailed engineering design of the project and resolve all outstanding issues as identified in this report prior to commending the actual construction of the servicing. A further $300,000.00 to $400,000.00 would be necessary to complete this option resulting in the City's total investment being approximately $1.2 to $1.3 million. After a number of outstanding questions have been answered, the City can decide whether to proceed with the development or sell. 2) That simultaneously the Business Park Committee review the options available with regards to the City owned land on Garner Road, north of Lundy's Lane, and the remaining undeveloped land in the Niagara Falls Industrial Park Extension. Alderman Shetar declared a conflict of interest because his employer is involved. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Cowan, that the report be received and adopted. The motion carried with Alderman Sherat abstaining from the vote on a conflict of interest previously recorded, and with the followingz AYE~ Aldermen Cowan, Marrington, Mtnsperger, Hopkins, Janvary and Ward. NAYEt Aldermen Campbell, Hendershot, err and Puttick. MW-90~201 (BANDOUT) - chief Administrative Officer - Ram Purchase of Street Lights and Poles for Valley Way PRIDE Program, Downtown Revitalization. The report recommends that the required street lights and poles for the PRIDE Program on Valley Way, from Queen Street to Huron Street, be ordered from~ (a) Stress/Crete Ltd. for the decorative poles, at an estimated cost of $33,779.395 and (b) Nedco for the decorative lights, at an estimated cost of $63,969.70. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be re~eived and adopted. Carried Unanimously. - 7 - MW-90-202 - chief Administrative Officer - Re: Contract 90-09 Tender for crack Sealing. The report recommends that the unit price submitted by Tykee Road preservers be accepted for the above contract. ORDERED On the motion of Alderman cowan, seconded by Alderman Headershot, that the report be received and adopted. Cartled Unanimously. MW-90-205 (HANDOUT) - Municipal Works Committee - Re: committee Report= Service centre Improvements. The report recommends that the necessary by-law be passed by City Council, to authorize an agreement with Bromac Construction for the renovation work at the Municipal Service centre, subject to the necessary borrowing by~laws being spproved by the Ontario Municipal Board. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. The motion Cartie4 with the following vote A~E= Aldermen Campbell, Cowan, Marrington, Janvary, Orr, Puttick and Ward. NAYE: Alderman Sherat. Hendershot, Hinsperger, Hopkins, MW-90-206 (HANDOUT) - Municipal Works Committee - Re: Committee Report: Moretta Site Plan Agreement - Jolley Cut. The report recommends the following: 1) That the extension Of the Site Plan Agreement, as set out in the report, be adopted; 2) That Staff have our consultants for the Jolley Cut project update estimated costs for improving the Jolley Cut to 1990 costs; 4) That Staff be instructed to continue to consult with the Niagara Parks Commission, the Skylea, Joe Moretta and Harry Cakes, concerning their participation with the City in this project; and That, provided a satisfactory financial plan can be agreed to, adequate funds re= the City share be included in the 1991 Budget, and that construction be tentatively scheduled for the Fall of 1991. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously- F-90-47 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,333,559.82, for the period ending August 27th, 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. 60909 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 60923, 60924, 61100 and 61101 because a member of his family is employed with the firm. Alderman Sherat declared a conflict of interest on Cheque No. 61157 because his employer is involved. Additional information was provided on cheque No. 61081. ORDERED on the motion of Aldermen cowan, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Aldermen campbell, Minsperger and Sherat abstaining from the vote on conflicts of interest, on Cheque Numbers recorded previously5 and with all others voting in fayour. the Niagara Palls Thunder concerning the Civic message· a___ F-90-48 - Chief Administrative Officer - Re~ Niagara Falls Thunder Request for Prograntee Advertisement. The report recommends that the City policy for advertising apply to a maximum of $350.00. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Orr, that the report be received and adopted, subject to the Mayor'e investigation with d s -8 - HR-90-23 (HANDOUT) - Chief Administrative Officer - Re: Appointment of City Solicitor. The report, which was considered earlier this evening in Committee of the Whole, recommends that the by-law appearing on tonight's agenda appointing Reino O. Kallio, effective October 1, 1990, as city Solicitor, be approved by Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. ORDERED on granted to time: No. 90-217 No. 90-218 No. 90-219 No. 90-220 No. 90-238 No. 90-222 NO. 90-223 No. 90-224 90-225 No. 90-226 No. 90-227 NO, 90~228 BY-LAWS the motion of Alderman Orr, seconded by Alderman cowan, that leave introduce the following by-laws, and the by-laws be read a first - A by-law to amend By-law No. 79-200, ae amended. (AM-38/89 River Realty Development (1976) Inc., Pt. Twp. Lot 62; Report PD-90-95 approved by Council June 11, 1990). - 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. (River Realty Development (1976) Inc.}. - A by-law to provide for the adoption of an amendment to the official Plan of the Niagara Falls Planning Area. (Gary Niven, In Trust; Attachment: Amendment NO. 193 to the Official Plan for the Niagara Falls Planning Area). - A by-law to amend By-law No. 79-200, as amended. (Gary Niven, In Trust, SW corner of Thorold Stone & Dorchester Rds., Pt. Twp. t 79; Report PD-90-99 approved by Council June 11, 1990). - 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. (Gary Niven, In Trust)· - A by-law to amend By-law No. 79-200, as amended. (AM-15/90 City of Niagara Falls Non-Profit Corporation, Pt. T~. Lot 170, McLeod & Kalar Rds.; Report PD-90-93 approved by CouncilIJune 11, 1990). 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. (City of Niagara Falls Non-Profit Corporation}. A by-law to authorize the execution of an agreement with Tykes Road Preservers, a Division Of Stevensville Lawn Service Inc., for crack sealing on various road surfaces in the City of Niagara Falls. - A by-lsw to authorize the execution of a Subdivision Agreement with Saverio Investments (Niagara) Inc. and 800449 Ontario Limited and others respecting the Balmoral Court Plan of Subdivision. - A by-law to authorize an agreement with McGlone & Associates Ltd. - A by-law to provide monies for general purposes. - A by-law to provide for the appointment of Municipal Officials. (Neino O, Ksllio, City Solicitor). -9 - The motion Carried with Alderman Hopkins abstaining from the vote on By-law NoB. 90-217 and 90-218, on a conflict of interest because hie employer has a business relationship in the area; with Alderman Janvary voting contrary On By-law Nee. 90-219, 90-220 and 90-221; with Aldermen campbell, Minsperger and Shetar abstaining from the vote on By-law No. 90-227, on conflicts of interest previously recorded under Report No. F-90-47; and with all others voting in fayour. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 90-217 - A by-law to amend By-law No. 79-200, as amended. No. 90-218 - 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 ~pproval of plans and drawings otherwise required under subSection 4 or subsection 5 of section 40 of The Planning Act, 1983. No. 90-219 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. NO. 90-220 - A by-law to amend By-law No. 79-200, as amended. No. 90-238 - 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. 90-222 - A by-law to amend By-law No. 79-200, as amended. No. 90-223 - 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. 90-224 NO. 90-225 No. 90-226 - A by-law to authorize the execution of an agreement with Tykes Road preservers, a Division Of Stevensville Lawn Service Inc., for crack sealing on various road surfaces in the city of Niagara Falls. - A by-law to authorize the execution of a Subdivision Agreement with Saverio Investments (Niagara) Inc. and 800449 Ontario Limited and others respecting the Balmoral Court Plan of Subdivision. - A by-law to authorize an agreement with MeGlone & Associates Ltd. No. 90-227 - A by-law to provide monies for general purposes· No. 90-228 - A by-law to provide for the appointment of Municipal officials· The motion Carried with Alderman Hopkins abstaining from the vote on By-law NoB. 90-217 and 90-218, on a conflict of interest previously recorded; with Alderman Janvary voting contrary on By-law Nee. 90-219, 90-220 and 90-221; with Aldermen campbell, Hinsperger and Shersr abstaining from the vote on By-law No. 90-227, on conflicts Of interest previously recorded; and with all others voting in fayour. NEW BUSINESS Rapid Train Task Force - His Worship Mayor 8meaton referred to a Handout communication which had been received from Ross 8netsinger, Toronto, which attached Three Tier Rail Transport Recommendations regarding rapid train service connecting major corridor centtee. · 10