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Minutes1993(A) FIRST MEETING COMMITTEE OF THE WHOLE Committee Room//2 January 11, 1993 Council met on Monday, January 11, 1993 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Janvary, who was away due to a recent death in the family; and Aldermen err, and Sherat, who were away due to illness, were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, ............ PLANNING MEETING Council Chambers January 11, 1993 Council met on Monday, January 11, 1993 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, with the exception of Alderman Janvary, who was away due to a recent death in the family; and Aldermen err, and Sherar, who were away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Fisher indicated a pecuniary interest on Report F-93-02, Cheque No. 83456, because her daughter is employed by the company. Alderman Hendershot indicated pecuniary interests on Zoning By-law Amendment AM-33/92, because his residence is involved; on Communication No. 7, The Corporation of the Town of Caledon, because the School Board is his employer; and pecuniary interests on Report F-93-02, Cheque Nos. 83508, 83454, because the recipient is his employer; and on Cheque No. 83248, because a member of his family is employed by the company. Alderman Susin indicated a pecuniary interest on Report PD-93438, because he was involved as a Contractor; and Report PD~93-03, because he had worked on the site. Alderman Craitor declared a pecuniary interest on Report F-93-02, Cheque Nos. 83085; 83197; 83336; 83337 and 83459, because his wife is employed by the Region. Alderman Cowan declared a pecuniary interest on Report F-93-02, Cheque No. 83173 and 83289, because the recipient is his employer. Alderman Germane declared a pecuniary interest on Report F-93-02, Cheque No. 83059, because a member of her family is employed by the Board. -2- Alderman Cummings declared a pecuniary interest on Report F-93-02, Cheque No. 83390, because his employer is involved. Prior to dealing with Planning Matters, His Worship Mayor Thomson received indication that Mr. Wayne Willett wished to address Council on behalf of the Niagara Falls Fire Fighters. Mr. Wilier requested that Council withhold their decision in reducing fire fighter staff and stated that the matter be given the utmost consideration. Mr. Willeli indicated that every reasonable effort will be made to resolve the matter. His Worship Mayor Thomson thanked Mr. WilleAt for addressing Council and indicated there would not be a motion of Council to ratify the January 4, 1993 Committee of the Whole actions. Mr. Willeli requested that lay off notices be reconsidered by Council; there was no motion by Council to that effect. The members of the Fire Fighters left the Chambers. REPORTS - PLANNIN(} MATTERS PD-93-08 - Chief Administrative Officer - Re: Official Plan & Zoning By-law Amendment O.P.A. No. 211 and AM-32/92. The report recommends the following: 1. That Council support the application to amend the City's Official Plan and Zoning By-law to permit the lands and buildings to be developed for prestige industrial and additional related service and some limited service commercial uses; 2. That the amending by-law include a provision prohibiting outside storage entirely; 3. That the lands be made subject to Site Plan Control to guide any further development on the lands in the future; 4. That the applicant be required to pay for the construction of a 1.5m wide sidewalk across the frontage of the lands and commercial developmeet charges on the applicable area. - AND - Communication No. 01 - Regional Niagara, Planning & Development. The communication advises having no objection to the approval of the application. - AND - Communication No. 02 - Regional Public Works Department. The communication advises having no objection to the rezoning from Light Industrial CLI) and, in part General Industrial with special provisions, permitting independent office buildings to Prestige Industrial (PI) with certain site specific provisions. - AND - Communication No. 03 - CN, Engineering Services. The communication indicates that based on the drawings provided, it does not appear that the appropriate safety mitigation measures required for the proposed uses can be provided on the site, and CN therefore requests that the application be refused. - AND - Communication No. 04 - The Fire Department~ Rich Judge. The communication indicates as having no objection to the application. -3 - His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development read the Affidavit of the Clerk advising that the Notices of the Public Meeting had been forwarded to all persons assessed as of land within 120 roeIres of the subject lands on December 1 i, 1992. His Worship Mayor Thomson received indication that Mr. S. Branscombe was in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the byqaw submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-06; Planning Review; Official Plan; Nature of Zone Change; Site Plan Control; and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Mr. Branscombe referred to the matter of prohibiting outside storage; and indicated that sidewalk was to be constructed to Morrison Street and Dorchester Road. Mr. Branscombe indicated that the land was bought from CN and that Council should deal with the application on its own merits and that the applicant will deal with CN at the table. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-32/92 closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Germane, that the report be received and adopted. The motion .Carr ed with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Garmano, that the communications be received and filed. Carried Unanimously. PD-93-09 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-33/92; Joe Dibiasi, 6128 Perkins Street. The report recommends that Council support the requested amendment to the Zoning By-law to permit the mixed commercial/residential building to be converted into apartments. - AND - Communication No. 05 - Regional Niagara, Planning & Development. The communication indicates as having no objection to the approval of this application. - AND - Communication No. 06 - Regional Public Works Department. The communication indicates as having no objection to the rezoning from General Commercial (GC) to Residential Apartment 5C Density (R5C). - AND - Communication No. 07 - CN, Engineering Services. The communication indicates that the owner is required to insert the following warning clause in all Agreements of Purchase and Sale or Lease and include a Noise Impact Statement - "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 roeIres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way." -4- The communication further recommends that the Applicant/Owner engage a consultant to undertake an analysis of noise and vibration and to recommend abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment to the satisfaction of the City and in consultation with the Canadian National Railway and the Ministry of Environment. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development read the Affidavit of the Clerk advising that the Notices of the Public Meeting had been forwarded to all persons assessed as of land within 120 metras of the subject lands on December 11, 1992. His Worship Mayor Thomson received indication that Mr. Malcolm A. F. Stockton, Solicitor, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-04; Planning Review; Background; Condominium Conversion; Conformity with Official Plans; Nature of the Zone Change; and Comments from the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-33/92 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and adopted. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the communications be received and filed. Carried Unanimously. MISCELLANEOUS PLANNING MATTERS PD-93-01 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval Grandview River Estates 26T-89022. The report recommends the following: That Council adopt and forward to the Regional Municipality of Niagara, a resolution supporting a one-yesr extension to the Grandview River Estates Draft Plan of Subdivision, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements; 2, That a copy of this report and Councirs decision be forwarded to the Regional Municipality of Niagara, and to Frank Franze. ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 04 PD-93.02 - Chief Administrative Officer - Re: Council Appointment of Members to the Committee of Adjustment. The report recommends that Council appoint two members to the Committee of Adjustment for a one year term beginning in 1993, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that Alderman Pat Cummings and Mayor Wayne Thomson be appointed as members of the Committe~ of Adjustment, Carried Unanimously, -5- PD-93-03 - Chief Administrative Officer - Re: Proposed Decontamination of PCBs, Norton Advanced Ceramics of Canada Inc., 8001 Daly Street, Chippawn. The report recommends the following: 1. That the Ministry of Environment be advised that there are no local permits required for the decontamination process to occur; That the proponent, Rondar Inc., satisfy the requirements of the Fire Chief and advise him of the actual commencement of the alecontamination process; That the 30-day notification period be waived. ORDERED on the motion of Alderman Cummings. seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendarshot, seconded by Alderman Cummings, tha~t the Minutes of the Planning Meeting of December 14, 1992 be adopted as printed. Carri~ COMMUNICATIONS Communication No. 08 - Social Planning Council of Niagara Falls - Re: Aldermanic Appointment to the Board. The communication requests Council select a replacement appointee to the Board due to the resignation of Alderman Shirley Fisher. ORDERED on the motion of Headershot, seconded by Alderman Ward, as there was no alternate appointee to the Social Planning Council, that Council supports Alderman Shirley Fisher continuing to be on the Board of Directors, if her attendance at the meetings is acceptable and further, if the arrangement is not acceptable that amending the by-law regarding the attendance of one Council member should be reviewed. Carried Unanimously. Communication No. 09 - Victorian Order of Nurses - Re: Proclamation. The communication requests Council proclaim January 24, 1993 to January 30, 1993 as "VON Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the request be approved subject to established policy, and further that there be a flag raising ceremony on January 25, 1993 at 9:30 a.m. Carried Unanimously. Communication No. 10 - Ontario Council for International Cooperation - Re: Proclamation. The communication requests Council proclaim the week of February 1 to 7, 1993 as "International Development Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the request be received and adopted subject to established policy. Carried Unanimously. Communication No. 11 - Ontario March of Dimes - Re: Proclamation. The communication requests Council proclaim the month of January as "Ontario March of Dimes" month, ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that the request be approved subject to established policy. Carried Unanimously, Communication No. 12 - The Corporation of the Township of Kingston - Re: Disentanglement. The communication requests Council support a resolution petitioning the Minister of Municipal Affairs to ensure that the process of disentanglement must result in the strengthening of local government; and that it is not acceptable to remove municipal government from any program where they are now wholly or in part a prorider of services to the residents. ORDERED on the motion of Alderman Cummings, seconded by Alderman 3usin, that the resolution be supported. Carried Unanimously, .,,6 -6- -7- Communication No. 13 - Town of Lincoln - Re: Project Agri-Vision 2000. The communication provides information and a resolution on the formation of an ad hoc committee of fruit growers to investigate the possibility of constructing a grower owned manufacturing and processing facility, with a mandate to market the products nationally and internationally. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the resolution be supported. Carried Unanimously. Communication No. 14 - County of Elgin, Deputy Clerk - Re: Provincial planning initiatives. The communication requests Council support a resolution concerning the potential effects of proposed Provincial planning initiatives will have on local planning issues. ORDEP~ED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the matter be referred to Planning staff for a further report. Carried Unanimously. Communication No. 15 - The Corporation of the City of London, Department of the City Clerk - Re: Sheltered Workshops. The communication requests Council support a resolution indicating that sheltered workshops should continue as a program of choice within the social services system, and that the Minister of Community and Social Services, the local Members of the Legislative Assembly and the Association of Municipalities of Ontario be advised of the support of this matter. ORDERED on the motion of Alderman Hcodershot, seconded by Alderman Cowan that the matter be referred to staff and that information be received from the Regional Social; Services Department. Carried Unanimously. Communication No. 16 - The Corporation of the Town of Caledon - Re: Provincial "Down Loading". The communication requests Council support a resolution to freeze the mill rate in an attempt to contain the escalating burden on property taxes as a result of down loading and fiscal irresponsibility on behalf of school boards and the Province of Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the request be received and adopted. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 17 - Kinsmen & Kinette Clubs of Canada - Re: Message of Support. The communication requests Council place a "Message of Support" in the Kin Magazine in henour of their 73rd Anniversary. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to Finance. The motion was Denied with the following vote: AYE: Aldermen Hendershot, and Susin. NAYE: Aldermen Cowan, Craitor, Cummings, Fisher, Germane, Puttick and Ward. Following some discussion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the request be denied. The motion Carried with the following vote: AYE: Aldermen Cowan, Craitor, Germane, Puttick, and Ward. NAYE: Aldermen Cummings, Fisher, Hendershot, and Susin. Communication No. 18 - Petition headed by Judy Racoy. The petition indicates as objecting to the lands known municipally as 6749 Dmmmond Road, being used as a business for the purpose of selling new or used cars. It was noted that the Zoning Department indicated this was a permitted use of the subject lands. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that staff respond to the petitioners and further that the Building Department staff will attempt to achieve co-operation between the neighbouts in the development of the subject lands. Carried Unanimously. REPORTS B-93-02 - Chief Administrative Officer - Re: Proposed Energy Conservation Senior Citizens Recreation Complex. The report recommends the following: i. That Council approve the low bid by Lighting Services of St. Catharines to retrofit the existing lighting system at the Senior Citizens complex for the quoted price of $22,392.00; 2. That Council authorize staff to finalize an application for an Ontario Hydro Incentive in the amount of $11,661.00, being 52% of the quoted price for energy conservation improvements. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMIITEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the actions taken on the following items by Committee of the Whole, earlier this evening, be approved. 1. That Council accept the Offer for Sale by Frank A. Branscombe and the Executrix of the Estate of Earl Cripps when executed by same and presented to the City for the lands set out therein and authorize the Mayor and Clerk to execute same. 2. That Council accept the Offer to Sell dated the 7th day of January, 1993 by Vincent and Gerarda D'Amico for the rear lands of 5824 Main Street on the terms and conditions as set out in Appendix "A" attached hereto; That the Mayor and Clerk be authorized to execute the said Offer to Sell; That the City Solicitor be authorized to complete the transaction and to take all necessary steps in that regard. 3. That Council withdraw their bid from the Winter Games. " 4. That the City Solicitor be authorized to exercise the option of six (6) properties for the Ministry of Tourism. The motion Carried with Alderman Puttick voting contrary to Item No. 3 regarding the Winter Games and with all others voting in fayour. MW-93-02 - Municipal Parking & Traffic Committee - Re: Municipal Parking and Traffic Committee Recommendations Special Budget Meeting December 14, 1992. The report recommends the following: Removal of Unwarranted School Crossing Guard Locations - that this item be deferred until the next Committee Meeting; 2. Parking and Traffic Budgets - that the 1993 Traffic Operating Budget and the 1993 Parking Fund Operating Budget be forwarded to the Finance Committee for endorsement. ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in furour. MW-93-03 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Recommendations ~ December 8, 1992 Meeting. The report recommends the following: Cropp Street Parking Problem - that this item be deferred until 1993 pending further investigation; MW-92-285 - Crimson Drive - Parking Restrictions - that this item be tabled until funher information and input from the majority of residents in the area has been received; MW-92-281 - Dixon Street - Parking Problem - that parking be restricted on the north side of Dixon Street between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays from the address of 5781 Dixon Street to Orchard Avenue. MW-92-284 St. James Avenue at St. John Street - All Way Stop Request - that an all way stop control be installed at the intersection of St. James Avenue and St. John Street; MW-92-287 Dawlish Avenue at Delaware Street - that an all way stop control be installed at the intersection of Dawlish Avenue and Delaware Avenue; and that an all way stop control be installed at the intersection of Dawlish Avenue and Symmcs Street; -8- -9- Beaverdams Road at Kimbark Avenue * Request for School Crossing Guard - that this matter be tabled until the next roecling. MW-92-282 Carroll Avenue Parking Restrictions - that parking be prohibited on the west side of Carroll Avenue, Monday through Friday, excluding holidays between the hours of 9:00 a.m. and 5:00 p.m. from the southern limit to Virginia Street; Valley Way from Morrison Street to Willmort Street - Review need for Parking Meters - that staff prepare a report on the installation of parking meters on Valley Way from Morrison Street to Willmort Street; Chippawa parking Meters - Request fro Removal - that the request for the removal of parking meters in Chippawa be denied; 10. Parking Meter Vandalism - Plan of Action - that staff proceed with the implementation of advertising campaign in conjunction with Crimestoppers; 11. Intersection of Stanley Avenue at Main Street - that a request be forwarded to the Regional Chairmen requesting the slams of the Traffic Operations review for Stanley Avenue at Main Street original request from the September 8, 1992 Parking and Traffic Committee meeting. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. MW-93-07 - Chief Administrative Officer - Re: Voluntary Public Participation Program In Removing Extraneous Flows to Sanitary Sewer Systems. The report recommends that Council approve the by-law that will be presented later tonight regarding the execution of an Engineering Agreement between the City and the ERS & Associates. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMITFEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. 1. Adoption of the Minutes of the December 14, 1992 meeting; MW-93-12 - that Report MW-93-12 be received and filed for information, that Council reaffirm its support for inclusion of the northwest sector in the urban development boundary, and that staff be directed to meet with the Region and all involved parties (l.e. Mr. Harvey He, Mr. R. Spirehello, Club Italia representatives and all other involved developers) to determine related costs and possible cost-sharing arrangements associated with the possible installation of a forcemain across the Q.E.W. along the Hydro right-of-way easterly. MW-93-05 - hnuary-December, 1992 Construction Slams Report o that the January-December, 1992 Construction Stares Report noted in Report MW~93-05~ be received and filed for information. MW-93-08 - Mewburn Road/Concession 6 Watermain - that authorization be granted to proceed with construction of Stage I of the Mewburn Road/Concession 6 watermain from Mountain Road to the north limit of Niagara Falls (north of C.N. Railway) at an estimated cost of $425,000; the cost sharing and cost recovery scheme for Stage 1 of the watermain proposed in this report be endorsed; and an allocation in the 1993 Water Budget to cover the funding shortfall of approximately $75,000 be pre-approved. MW-93-09 - hrisdiction of Waste Managemere - that the City endorse, as the "preferred approach", the transfer of waste managemere jurisdiction (as it relates to waste disposal and processing of diverted waste) to Regional Niagara; and that the City of Niagara Falls initiate and co.ordinate efforts to gain consensus on this position from the other eleven (11) area Municipalities and current Boards of Waste Management and to request, on behalf of the local Municipalities, the Region assume this jurisdiction for Waste Management. MYV-93-10 - Hearing on Extension of Mountain Road Landfill - Intervenor Funding Decision - that Report MW-93-10 be received and filed for information. Niagara Falls Bridge Commission and Peace Bridge Authority - that the City staff be directed to prepare a resolution with respect to opposition to possible amalgamation of the Bridge Commissions. The motion Carried with Alderman Susin voting contrary to Report MW-93-09 and with all others voting in fayour. F-93-01 - Chief Administrative Officer - Re: Cellular Phones. The report recommends that the report be for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and filed. Carried Unanimously. F-93-02 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the following accounts be approved by the passing of the by-laws appearing later on the agenda: Amount of" $13,963,728.45 for December 21, 1992; Amount of $879,026.25 for December 28, 1992; Amount of $359,870.07 for January 4, 1993; Amount of $258,609. I0 for January 11, 1993. Following some discussion, it was requested hy Alderman Ward that Cheque No. 83117 be withheld; and Alderman Puttick requested that Cheque No. 83291 be withheld. Discussions regarding the establishment of mileage rate costs were held and additional information was provided on Cheque Nos. 83236 and 83360. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Aldermen Cowan, Craitor, Cummings, Fisher, Germane, and Hendershot abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. F-93-03 - Chief Administrative Officer - Re: Rating By-laws for Debenture Issues. The report recommends that Council pass the by-laws appearing on this evoning's agenda that will provide for the levying of rates to pay the principal and interest charges on the $2,100,000 and $3,285,000 debenture issues dated July 15, 1992 and December 15, 1991 respectivaly. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report he received and adopted. Carried Unanimously. See By-law No. 93-95 See By-law No. 93-06 RATIFICATION OF FINANCE COMMITFEE MA'I'FERS ORDERED on the motion of Alderman Cummings, sexended by Alderman Fisher, that the actions taken on the following reports by the Finance Committee, earlier this evening, be approved. That the minutes of December 7th and December 15th, 1992 Finance Committee meetings be adopted. FC-93-05 - That a Committea be established to investigate ways to reinstate the Niagara Falls Public Library "Shut-in Service". The Committee will be comprised of C. Dix; D. VanSlyke; Alderman Fisher and Alderman Cruller; That the Capltal Budget be amended to exclude the Meritrose Business Park (with the exception of the amount invested to date), the Library Expansion, the Hospital Chronic Care Facility and the Central Cornposting Site, and that the Cemetery Site be moved to future years. /I - 10 - - 11 - 5. 6. 7. 8. 9. tO. That staff prepare a report proposing what can be done under the Planning Act to require subdivision developers to be totally responsible for neighbourhood parks development, including park equipment and landscaping, without having an affect on development charges; FC-93-01 - That the penalty and interest rate on unpaid taxes be set at 1% per month for the year 1993; FC-93-02 - That an interim tax levy be approved with insraiment dates of February 261h and April 21st, 1993; To approve the borrowing of $23,000,000.00 for current expenditures for the year 1993. To award the supply of street lighting fixtures for 1993 to Grafton Utility Supply as per their Quotation #107-92; To approve an amoum of $400.00 for a Mayor's Message in the National Postal Workers' Hockey Tournament Program; To ask the representatives of the Niagara Falls Volunteer Bureau to meet with the Finance Committee in order to define their function and justify the expenditure; in the meantime, no further grant money is to be issued; That no grant money be issued to Information Niagara until the Finance Committee is apprised of what this agency is handling as far as the Ontario Government is concerned and justification is provided as to why we should supply funds when this information can be obtained from our local MPP and MP; The motion Carrill with Alderman Cowan opposed to Item No. 6; Alderman Susin voting contrary to FC-93-05 and with all others voting in favour. S-93-03 - Chief Administrative Officer - Re: The Establishment of Certain Lands as Highways (Oldfield Road). The report recommends that Council approve the By-law appearing on tunight's agenda that would establish the land described as part 1 on Reference Plan 59R-8033 as a highway and become part of Oldfield Road. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously, See By-law No. 93-03 CD-93-03 - Chief Administrative Officer - Re: Special Occasion Permit; Niagara Falls Pirates Hockey Tournament. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously, CD-93-01 - Chief Administrative Officer - Re: Appointments to Boards, Commissions & Committees. The report recommends that Council select appointees to serve for further terms on the following Boards, Commissions and Committees and that the appointments he confirmed by the passage of the By-law at this meeting. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the appointments be made by ballot, with those obtaining the majority of Council vote filling the vacancy, and those receiving the least number of votes being eliminated on a subsequent ballot, and.that in the event of a tie vote, there would be a subsequent ballot. Carried Unanimously. Arts & Culture Commission - It was moved by Alderman Hendarshot, seconded by Alderman Cummings, that Anne Angelone, Christopher Blasueci, Dan J. Fasano, A. William Haskin, Maurean McRae, Laura Moffat, and Ann Speedie be appointed as citizen reprasentatives to the Arts & Culture Commission for the 1993-1994 term. Carried Unanimously. l Greater Niagara Transit Commission - It was moved by Alderman Hendershot, seconded by Alderman Cummings, that Anthony DiGiacomo and Wayne A. (Bart) Maves be appointed as citizen representatives to the Greater Niagara Transit Commission for the 1993-1994 term. Carried Unanimously, Niagara Falls Board of Museums - It was moved by Alderman Hendershot, seconded by Alderman Cummings, that Scott Catdwell, Peter McKenna and Mary Stewart be appointed as citizen representatives to the Niagara Falls Board of Museums for the 1993-1994 term. Carried UnanimouSly. Recreation Commission - It was moved by Alderman Hendershot, seconded by Alderman Cummings, that Cindy Andrews, Bob Barnes, Rosalyn MacPhail, David Scott and Lou Stranges be appointed as citizen representatives to the Recreation Commission for the 1993-1994 term. Carried Unanimously. Property Standards Committee - It was moved by Alderman Hendershot, seconded by Alderman Cummings, that Michael Aceti be appointed as citizen representative to the Property Standards Committee. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the ballots be destroyed. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that letters of congratulations be forwarded to all the appointees; and letters of appreciation be forwarded to all the participants. Carried Unanimously. RESOLUTIONS No. 01 - HENDERSHOT - WARD - RESOLVED that WHEREAS the transfer of jurisdiction for Waste Management from the local Municipalities to Regional Niagara is the "preferred approach"; AND WHEREAS under present legislation, the Region has no jurisdiction for Waste Management; AND WHEREAS if jurisdiction for Waste Management is to be transferred to Regional Niagara, it must begin with a request from the local Municipalities; AND WHEREAS the Region is prepared to accept the jurisdiction for Waste Management, if so requested; NOW BE IT THEREFORE RESOLVED that the City of Niagara Falls endorses, as the "preferred approach", the transfer of Waste Management jurisdiction (as it relates to waste disposal and processing of diverted wastes) to Regional Niagara; AND FURTHER that the eleven (11) other local Municipalities in Regional Niagara be requested to support this position; AND FURTHER that the current Boards of Waste Management in Regional Niagara be requested to support this position; AND FURTHER that the City of Niagara Falls is prepared to co-ordinate the initiative culminating in a request being submitted, on behalf of the local Municipalities, to Regional Niagara for it to assume jurisdiction for Waste Management (as it relates to waste disposal and processing of diverted wastes); AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in favour. No. 02 - SUSIN - FISHER - WHEREAS on December 7, 1992, Council for the City of Niagara Falls considered Report R-9241, recommending that Council support the petitioners' request to declare the Weaver Cemetery abandoned whereby the City would assume responsibility for the cemetery's care and maintenance; AND FURTHER that this action be deferred until 1994 due to budget restraints; AND WHEREAS on December 7, 1992, Council for the City of Niagara Falls resolved that the first recommendation be received and adopted; AND FURTHER that the timing of implementation be deferred to the 1993 budget discussion; AND WHEREAS the timing of implementation has been referred to the 1993 budget discussions; NOW THEREFORE BE IT RESOLVED that the City Solicitor be authorized to commence legal action to declare the Weaver Cemetery abandoned and to take all necessary steps in that regard. AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Cummings voting ~ontrary to the motion and with all others voting in fayour. - 12 - - 13 - No. 03 - SUSIN - HENDERSHOT - RESOLVED THAT WHEREAS the Council for the City of Niagara Falls is on record being in support of a Region-wide Market Value Assessment; AND WHEREAS Council agrees that the present combination of assessment system within the Region is unfair to residents and businesses in Niagara Falls; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls supports business in the City of Niagara Falls and Mr. S.E. Capell in their approach to the Regional Municipality of Niagara, the Province of Ontario and the Regional Registrar for Assessment Division 59; AND the Seal of the Corporation bc hereto affixed. Carried Unanimously No. 04 - FISHER - CUMMINGS - RESOLVED that the Council of the City of Niagara Falls hereby supports a one year extension of the Draft Plan Approval for the Grandview River Estates Plan of Subdivision, conditional upon the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 05 - CRAITOR - PUTrICK - RESOLVED that the Council for the City of Niagara Falls grant an exemption to their policy of granting municipal permission for only twelve (12) Provincial licenoes for bingos to be held wi~h municipal permission per year; AND FURTHER that permission be given to the Niagara Falls Minor Hockey to apply for a Provincial licensed bingo in 1993. AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-01 93-02 93-03 93-04 93-05 93-06 93-07 93-08 93-O9 93-10 93-11 A by-law to authorize the execution of an agreement with 938131 Ontario Inc., operating as ERS & Associates respecting a voluntary public participation demonstration project. A by-law to provide for Appointments to Certain Boards, Commissions & Committees. A by-law to establish certain lands as part of Oldfield Road, being a public highway. WITHDRAWN. A by-law to provide for the levy rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal mount of $3,285,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. A by-law to provide for the levy rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal mount of $2,100,000.O0 issued for the purposes of The Corporation of the City of Niagara Falls. A by-law to authorize the borrowing of twenty-three million dollars for current expenditures for the 1993. A by-law to authorize monies for General Purposes (December 21, 1992). A by-law to authorize monies for General Purposes (December 28, 1992). A by-law to authorize monies for General Purposes (January 4, 1993). A by-law to authorize monies for General Purposes (January 11, 1993). 93-12 A by-law to authorize the acceptance of an O~r for Sale by Frank A. Branscombe and the Estate of Earl Cripps. 93-13 A by-law to authorize the execution of an Offer to Sell for the acquisition of land for municipal parking purposes. The motion Carried with Alderman Cowan abstaining from the vote on By-law Nos. 93-08; 93-09 on conflicts of interest previously noted; Alderman Craltor abstaining from the vote on By-law Nos. 93-08; 93-09; 93-10 on conflicts of interest previously noted; Alderman Cummings abstaining from the vote on By-law No. 93-10 on a conflict of interest previously noted; Alderman Fisher abstaining from the vote on By-law No. 93-09 on a conflict of interest previously noted; Alderman Germane abstaining from the vote on By-law 93-08 on a conflict of interest previously noted; and Alderman Hendershot, abstaining from the vote on By-law Nos. 93-08; 93-09; 93-10 on conflicts of interest previously noted 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: 93-01 A by-law to authorize the execution of an agreement with 938131 Ontario Inc., operating as ERS & Associates respecting a voluntary public participation demonstration project. 93-02 A by-law to provide for Appointments to Certain Boards, Commissions & Committees. 93-03 A by-law to establish certain lands as part of Oldfield Road, being a public highway. 93-04 WITHDRAWN. 93-05 A by-law to provide for the levy rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal mount of $3,285,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. 93-06 A by-law to provide for the levy rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal amount of $2, i00,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. 93-07 A by-law to authorize the borrowing of twenty-three million dollars for current expenditures for the 1993. 93-08 A by-law to authorize monies for General Purposes (December 21, 1992). 93-09 A by-law to authorize monies for General Purposes (December 28, 1992). 93-10 A by-law to authorize monies for General Purposes (January 4, 1993). 93-11 A by-law to authorize monies for General Purposes (January I 1, 1993). 93-12 A by-law to authorize the acceptance of an Offer for Sale by Frank A. Branscombe and the Estate of Earl Cripps. 93-13 A by-law to authorize the execution of an Offer to Sell for the acquisition of land for municipal parking purposes. The motion Carried with Alderman Cowan abstaining from the vote on By-law Nos. 93-08; 93-09 on conflicts of interest previously noted; Alderman Craitor abstaining from the vote on By-law Nns. 93-08; 934)9; 93-10 on conflicts of interest previously noted; Alderman Cummings abstaining from the vote on By-law No. 93-10 on a conflict of interest previously noted; Alderman Fisher abstaining from the vote on By-law No. 93-09 on a conflict of interest previously noted; Alderman Germane abstaining from the vote on By-law 93-08 on a conflict of interest previously noted; and Alderman Hendershot, abstaining from the vote on By-law Nos. 93-08; 93-09; 93-10 on conflicts of interest previously noted and with all others voting in fayour. - 14 - - 15 - NEW BUSINESS Assessment Process Alderman Susin referred to the Market Value Assessment process and requested that Mr. S.E. Capell, President & General Manager, International Sew-Right Company be permitted to address Council. ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot that Mr. Capell be permitted to address Council. Carried Unanimously. Mr. Capell stated that the owners of Maple Leaf Village, and the Ford Motor Company are sending the City a strong message and requested Council's assistance regarding the present assessment process; and declared that he liked doing business in Niagara Falls, but indicated he would be departing from the area unless presem assessment rates are adjusted. Mr. Capell referred to and provided correspondence forwarded to the Regional Registrar, Assessment Review Board indicating dissatisfaction of the present assessment process and stated the maRKer would be discussed with Regional Councillors and Provincial representatives. ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that a resolution providing full and unanimous support to Mr. Capell in his approach to the Regional Registrar regarding the assessment system. Carried Unanimously. Minor Hockey Alderman Craitor discussed Minor Hockey's 10th Annual President's Tournament, which had provided approximately $100,000 in revenue for the City. Alderman Craitor referred to the Minor Hockey league holding a Mammoth Bingo and requested an exception be made to Councii's policy regarding the granting of Provincial Bingo licences. ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that Council grant an exemption to their policy of permitting only twelve (12) Provincial licences regarding bingos. Carried Unanimously, It was noted that a year-end report on bingo operations would be forthcoming. Mayor's State of the Municipality Address His Worship Mayor Thomson provided information on the City's 1992 Operations and wished all the citizens the very best of health, happiness, peace and prosperity in 1993. Please note that a copy of the complete text is available in the Council file, dated January 11, 1993. ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOK WAYNE THOMSON Illumination Board Alderman Hendershot re, quested information on the constitution of the Illumination Board, the hours of operation, the maintenance and upkeep of lights and equipment. His Worship Mayor Thomson informed Alderman Hendershot to contact Mr. Jim Harris of the Niagara Parks Commission, who would respond to all of those questions. Public Address System Alderman Cummings requested a report on the Public Address System at the Stamford Arena. Coats for Kids Alderman Fisher requested that a letter of appreciation be sent to Anne Angelone for her efforts in her Coats for Kids campaign. His Worship Mayor Thomson stated that a letter had been forwarded to her on behalf of City Council and the citizens of Niagara Falls. SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #2 January 18, 1993 Council met on Monday, January 18, 1993 at 4:30 p.m. in Committee of the Whole. All members of Council, with the exception ofAldecman Sherar, who was away due to illness, were present. Alderman Fisher presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGULAR COUNCIL MEETING Council Chambers January 18, 1993 Council met on Monday, January 18, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Sherat, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Fisher offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Craitor indicated a pecuniary interest on Report F-93-04, Cheque No. 83723, because his wife is employed by the Region; and Cheque No. 83693, Niagara Falls Junior B's because he is a member of the Board of Directors. Alderman Ward indicated a pecuniary interest on the Deputation regarding Trailer Parks, because he is a property owner to the adjoining parks. ADOPTION OF MINUTES Alderman Susin requested that the Minutes of the Planning Meeting of January 11, 1993 be amended to indicate he had a pecuniary interest regarding Report PD-93-08 and to Report FC-93-05 also, that he voted contrary to Resolution No. 01 regarding the transfer of jurisdiction for Waste Management. Alderman Janvary indicated a pecuniary interest on Communication No. 7, because the School Board is her employer; and pecuniary interests on Report F-93-02, Cheque Nos. 83058 and 83454, because the recipient is her employer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Minutes of the Planning Meeting of January 11, 1993 be adopted as amended. Carried Unanimotl$1y, -2- PRESENTATIONS St. John's Ambulance His Worship Mayor Thomson congratulated and presented a token of appreciation on behalf of Council and the citizens of Niagara Falls to Brian Radford, John Szoke and Yvonne Van Bussel, the Niagara Falls Branch of St. John's Ambulance, which was recently awarded the Lewis Trophy for demonstrating co-operation, improved relations and the spirit of St. John Ambulance in the community. Martial Arts His Worship Mayor Thomson provided a brief history on the accomplishments of Bernadette Ambrosia, who was awarded the 1992 National Black Belt Junior of the Year Award (based on the #1 ranking in weapons, forms and sparring) and the 1992 National Black Belt Yankee Conference Junior of the Year Award; and on December 5, 1992 she became the Junior National Forms Grand Champion and this past weekend was inducted into the Martial Arts Hall of Fame in Pittsburgh. Mayor Thomson congratulated and presented a token of appreciation to Bernadette for her accomplishments on behalf of the City. His Worship Mayor Thomson congratulated and presented a token of appreciation on behalf of Council and the citizens of Niagara Falls to Mike Pisano, a member of the Canadian National Black Belt team that captured First Place in the World Championships for the sport of Jiu Jitsu held in Mar De Plats, Argentina on November, 1992. DEPUTATIONS Futures, Youth Emnloyment Training Program Mr. An Orlando, Manager, Youth Employment Services Department at Niagara College, indicated his objective was to heighten Council's awareness of the Futures program, and to solicit .Council's support in recruiting employers for their placements. Mr. Orlando stated the Futures program Is aimed at providing young people between the ages of 16 and 24 an opportunity to gain the training and experience through counselling, individual group skills and educational upgrading and work experience they require to obtain employment. Mr. Orlando provided pamphlets to Council and requested that the information be shared with employers and to encourage them to investigate the opportunities available through the Futures program, His Worship Mayor Thomson thanked Mr. Orlando for his presentation, 1993 Santa Claus Parade Mr. Terry Willick, Honeymoon City Towing requested Council's permission to hold the 1993 Santa Claus Parade early in November, as weather conditions are more favourable at that time of year and provides an opportunity for morn citizens to attend. Following some discussion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings that the matter be referred to staff for appropriate dates, Carried Unanimously. His Worship Mayor Thomson indicated that Mr. Willick will be advised of the dates. Trailer Parks Mr. Gabriel Mallouk, Mariner Realty Ltd., referred to Report PD-93-05 which indicated that the dwelling units being manufactured were in accordance with the building code and could provide for year round accommodations; discussed Campark lands having been through the Official Plan process; discussed water deficiencies; referred to the Anderson Report which indicated the Garner Road Pumping Station had an adequate water supply for the parks. Mr. Mallouk referred to the Solicitor's report indicating there would be a significant servicing deficiency due to doubling the number of mobile homes. Mr. Mallouk indicated the developer would supply and install all new services and requested on behalf of the developer that the licensing by-law be amended to allow year round occupancy; that the City enter into a site plan agreement; that the developer is willing to pay development charges of approximately $500 -$800 per site upon the sale of each unit. Discussions were held regarding the affordability of the units; the cost not including the price of the land; that existing units were not designed for permanent residency; development charges to be paid at time of obtaining permit; that the proposal should go through the normal approval processes and Ministries. The Solicitor responded to questions regarding zoning by-laws and indicated the City cannot act in contravention of it's own zoning by-laws; and that if approval was given, the City could be liable. PD-93-05 - Chief Administrative Officer - Re: Villages on the Lane; Scott's Trailer Park & Campark Resort. The report recommends the following: That the applicant be advised that the City's licensing By-law respecting camping establishments should not be amended for the development proposed as it would not conform with the City's planning documents or the Planning Act of Ontario; That Council reaffirm it's position of March 9, 1992 and that the agent for the developer be advised to proceed with the proposed Villages on the Lane through the normal municipal approval process. ORDERED on the motion of Alderman Cowan, seconded by Alderman Fisher, that the recommendations of staff be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Alex Avenue Housing Develonment Alderman Puttick wished to re-introduce Report PD-92-49, Official Plan & Zoning By-law Amendment Applications O.P.A. No. 209 and AM-3/92, 601584 Ontario Ltd., Southwest corner of McLeod Road and Alex Aveone for discussion. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the matter be re- introduced for consideration. The motion was Defeated with the following vote: AYE: Aldermen Puttick and Ward. NAYE: Aldermen Cowan, Cummings, Craitor, Fisher, Germano, Hendarshot, janvary, Orr, and Snsin. COMMUNICATIONS Communication No. 20 - Margaret Lampard, 5439 Ker Street - Re: Flat Rate Water Bill. The communication requests that Council consider the P,A.P, Bank Withdrawal System for Water Charges. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter be referred to staff. Carried Unanimously. The Deputy Director Finance indicated that a report would be submitted within a few weeks. ...4 /I -4- -5- Communication No. 21 - Niagara Falls Taxi Ltd. - Re: Impact of the Falls Shuttle and People Mover System on the taxi industry. The communication provides suggestions for the promotion of tourism in Niagara Falls. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the matter be referred to staff and further that a meeting be scheduled with Niagara Trait, the TNT Group and the Parks Committee. Carried Unanimously. Alderman Craitor requested to be present at the meeting. Communication No. 22 - Mrs. Ann Chapman, 6329 Orchard Street; - AND - Communication No. 23 -Petition from Main and Ferry Street merchants and their patrons - Re: Closure of Drummond Branch Library. The communication and petition requests consideration be given regarding other alternatives to the closure of the Library. ORDERED on the motion of Alderman Heedershot, seconded by Alderman Craitor, that the matter be referred to the Library Board for a suitable response to the requests and letters of concern. Carried Unanimously. It was noted that a full report would be brought forward regarding the Library budget, indicating cost, usage and other main factors at a subsequent Council meeting. Communication No. 24 - Grade 1 and Grade Students from John Marshall School - Re: Burning of Christmas Trees. The communication requests Council consider the recycling of trees through woods as an alternative to burning of Christmas trees. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the matter be referred to staff for re-examination. Carried Unanimously. Communication No. 25 - Dr. K. N. Reddy, 6714 January Drive - Re: Market Value Assessment. The communication requests Council consider taxes to be in line with St. Catharines or to introduce another fair taxation system. ORDERED on the motion of Alderman Garmano, seconded by Alderman Fisher, that the matter be referred to staff. Carried Unanimously. Communication No. 26 - G. J. Green, 7371 North Dorset Place - Re: City Crest. The communication requests permission to copy the City Crest onto ceremonial scrolls being presented and exchanged at the official 561h Field Regiment's change of command ceremony on April 24, 1993. Discussions regarding the use of the City Crest versus the City Logo were held. The Chief Administrative Officer responded by stating that the City Crest is only to be used by the Mayor's Office and the CAO's Office and all others are to use the City Logo. His Worship Mayor Thomson requested that an updated report ba provided regarding the matter. ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, to permit the use of the City Crest at the 561h Field Regimeat's change of command ceremony on April 24, 1993. Carried Unanimously. Communication No. 27 - Volunteer Bureau - Re: Temporary closure. The communication provides information regarding the temporary closure of the Volunteer Bureau. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the communication be received and filed for the information of Council. Carried Unanimously. ...5 REPORTS B-93-01 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for December 1992. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and filed. Carried Unanimously. B-93-03 - Chief Administrative Officer - Re: O.H.R.P. Application No. 2625000 838; O.H.R.P. Application No. 2625000 838. The report recommends that Council approve the applications for the Ontario Home renewal Program, Loan Nos. 2625000 838 and 2625000 839. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. B-93-05 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Factory Outlet Mall; corner Oakwood Drive & McLeed Road; Site Plan Control - SPC 93-01. The report recommends that Council approve the above subject Site Plan for a proposed Retail Factory Outlet Mall pursuant to Section 41 of the Planning Act, comprising of the Site Plan being drawing No. Al-91986-G I, the site servicing and grading plan being drawing No. Al-91986-G2 and Al-91986-G3 respectively, the elevations being drawing No's 2 through 8 inclusive, the landscape plan being drawing No. Al-91986-G5 and the lighting plan being drawing No. AI-91986-G4. Mr. K. Kahn introduced Mr. John Sorokolit who provided a brief presentation on the Niagara Crossing Factory Outlet Mall, which is anticipated to open in the Fall of 1993 and is to include approximately 50 to 55 stores providing quality shopping with designer merchandise. Mr. Sorokolit informed that the project would be the primary new tourist attraction in the Niagara Region providing 500 - 700 full and part-time jobs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. R-93-01 - Chief Administrative Officer - Re: Updated Agreement for Special Events in Municipal Arenas. The report recommends that Council approve the by-law appearing on tonight's agenda authorizing the updated agreement for events in City facilities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law 93-16 F-93-04 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,004,412.31 for the period ending January 18, 1993, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 83693 and 83726. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 93-21 CD-93-04 - Chief Administrative Officer - Re: AM-27/92, Restricted Area By-law 92-285; Ramada Renaissance Hotel. The report recommends that Council reaffirm its approval of By-law 92-285 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 Cowan, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. -6° - 7 - Social Planning Council of Niagara Falls - Mayor~s Committee On Housing Report - Re: Resolution, of the Village of Cardinal. The report recommends that the Mayor's Committee on Housing agrees in principle with the resolution petitioning the Ministry of Housing to recognize the problems created by extending the eligibility to younger persons into seniors complexes. ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the recommendation be received and adopted. Carried Unanimously, S-93-02 - Chief Administrative Officer - Re: Washington Mills Indemnification Agreement with the City of Niagara Falls Construction of Watermain Along Ramsey Road. The report recommends that Council approve the By-law appearing on tonight's agenda authorizing the Agreement between Washington Mills Limited and the Corporation of the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 93-14 S-93-05 - Chief Administrative Officer - Re: The Establishment of Certain Lands as Highways (Kalar Road). The report recommends that Council approve the By-law appearing on tonight's agenda that would establish the land described as part 1 on Reference Plan 59R-8311 as a highway and become part of Kalar Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 93-15 Amended S-92-56 - Chief Administrative Officer - Re: Sale of Surplus School Board Property; Ailanthas Avenue. The report recommends that Council approve of the By-law appearing on tonight's agenda authorizing agreements between The Niagara Falls Y.W.C.A. Non Profit Housing Corporation and Stamford Kiwanis Non Profit Homes Inc. for the acquisition of lands from the Welland County Roman Catholic Separate School Board and the City of Niagara Falls. His Worship Mayor Thomson received indication that Mr. Kurt Klein, Klein Construction and Mr. Brian McKeewn, Agent, Shabri Properties Limited, were in attendance. Mr. Kurt Klein expressed concerns regarding high vacancy rates; tenants moving to subsidized housing; assessment of private units versus subsidized units. Mr. Brian McKeown indicated he would be prepared to address the matter when a report comes back to Council. The City Solicitor stated although the City is acting as facilitator between the Y.W.C.A., the Stamford Kiwanis, and the School Board, that before the City can submit an offer to purchase the lands, the City must enter into agreements with the Y.W.C.A. and the Stamford Kiwanis as to the acquiring of the lands. The Solicitor indicated the transactions would be conditional on the two organizations applying for and obtaining a zoning amendment for the lands and that approval of the by-law would not hamper Council from hearing the application for rezoning at a later date. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendarshot, that the report be received and adopted. The motion Carried with Alderman Germane abstaining from the vote on a conflict of interest because her daughter is employed by the School Board. RESOLUTIONS No. 06 - CRAITOR - HENDERSHOT - RESOLVED that WHEREAS United States Senator Moynthan has indicated that he intends to hold hearings on whether or not to merge the Niagara Falls Bridge Commission with the Buffalo and Fort Erie Peace Bridge Authority; AND WHEREAS the Niagara Falls Bridge Commission since its inception in 1939 has performed an outstanding service for the public in Canada and United States and has ful~lled its corporate purpose to provide international crossings for the transportation of peeple and goods at reasonable toll rates between the United States and Canada, thereby assisting our area's economic well-being; AND WHEREAS the Bridge Commission has maintained and operated the bridges in accordance with professional engineering excellence, and is well respected in the international bridge community; AND WHEREAS the Bridge Commission has received this Couneil's support in principle for its substantial plan for renovation; AND WHEREAS there does not appear to be any basis for merging the two bridge authorities; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls be on record as being opposed to any such merger and that copies of this resolution be forwarded to all appropriate persons including Senator Moyninan. AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman err voting contrary to the motion and with all others voting in favour. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-14 A by-law to authorize an Agreement between Washington Mills Limited and th~ Corporation of the City of Niagara Falls. 93-15 A by-law to establish certain lands as a highway and become part of Kalar Road. 93-16 A by-law to authorize licenee agreements in connection with the use of the arenas owned by the City of Niagara Falls. 93-17 A by-law to amend by-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 93-18 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs). 93-19 A by-law to authorize the execution of an agreement with The Niagara Falls Y.W.C.A. Non Profit Housing Corporation respecting property on Allanthus Avenue. 93-20 A by-law to authorize the execution of an agreement with Stamford Kiwanis Non Profit Homes Inc. respecting property on Allanthus Avenue. 93-21 A by-law to authorize monies for General Purposes (January 18, 1993). The motion Carried with Alderman Craltor abstaining from the vote on By-law No. 93-21 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by- laws be now read a second and third time: 93-14 A by-law to authorize an Agreement between Washington Mills Limited and the Corporation of the City of Niagara Falls. 93-15 A by-law to establish certain lands as a highway and become part of Kalar Road. 93-16 A by-law to authorize liceace agreements in connection with the use of the arenas owned by the City of Niagara Falls. 93-17 A by-law to amend by-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). -8- 93-18 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs). 93-19 A by-law to authorize the execution of an agreement with The Niagara Falls Y.W.C.A. Non Profit Housing Corporation respecting property on Allanthus Avenue. 93-20 A by-law to authorize the execution of an agreement with Stamford Kiwanis Non Profit Homes Inc. respecting property on Ailanthns Avenue. 93-21 A by-law to authorize monies for General Purposes (January 18, 1993). The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 93-21 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Welcome His Worship Mayor Thomson welcomed Alderman Paisley Janvary and expressed Council's condolences on the recent loss of her husband. Intervenor Funding Alderman Puttick discussed the matter of Intervenor Funding, which are funds m be used by the opponent to cover their legal costs. The Chief Administrative Officer responded that a report will be forthcoming m the Municipal Works Committee regarding the status on the right to appeal; but indicated that it would be out of the question that the government would exempt the landfill site. "Yes Sign for Referendum" Alderman Cummings indicated that the "Yes" sign regarding the Federal Referendum had not yet been taken down at the plaza at Five Corners and requested that the individuals responsible for the sign be contacted and asked that the sign be removed. Miss Teen Nia~,ara Pageant Alderman Cummings informed that the Miss Teen Niagara Pageant was being held this Saturday, January 23, 1993 at the Park Hotel and that all members of Council had been invited to attend. Alderman Cummings requested that individuals wishing to attend the pageant contact ate office for tickets. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #2 January 25, 1993 Council met on Monday, January 25, 1993 at 4:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Shetar, who was away due to illness, and Alderman Ward, who was away on business, were present. Alderman Cowan 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 MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers January 25, 1993 Council met on Monday, January 25, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Sherat, who was away due to illness, and Alderman Ward, who was away on business, were present. His Worship Mayor Thomson presided as Chairman. Alderman Cowan offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cummings indicated a pecuniary interest on Report F-93-05, Cheque No. 83822, because Acres which is his employer is the recipient. Alderman Craitor indicated a pecuniary interest on Report F-93-05, Cheque No. 83952 and 83953, because his wife is employed by the Region. Alderman Fisher indicated a pecuniary interest on Report F-93-05, Cheque No. 83920, because her daughter is employed by the company; Cheque No. 83944, because she is employed by the company and By-law No. 93-27, because she is involved with the engineering firm. Alderman err indicated a pecuniary interest on Report F-93-05, Cheque Nos. 83791, 83792, 83793, 83794, 83795 and 83796, the Ministry of Tourism site, because of the close proximity to her residence. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Minutes of the Planning Meeting of January 18, 1993 be adopted as mended to reflect the conflicts of Alderman Susin. Carried Unanimously. -2- -3- DEPUTATIONS Fiithting for a Working Future Coalition Niagura-Hamilton His Worship Mayor Thomson introduced Mr. Sandy O'Dell, the Interim Coalition Chairperson who discussed the current unemployment rate; the recent announcements of closures of the Ford Glass Plant; General Motors in St. Catharines; Cyanamid and Provincial Crane, in Niagara Fails; the spin-off effects of job losses. Mr. O'Dell requested that two members of Council be permitted to participate in the rounding conference on January 30, 1993 and requested that a donation be made to help offset costs of the conference. Mr. O'Dell introduced Mr. Wayne Hardwick, President, Ford Glass Plant, who discussed the recent company decision to close the Niagara Glass Ham; the negative economic impact on the community; loss of tax revenue; and the effects on the service industry. Mr. Hardwick provided a resolution and requested Council's endorsement and support. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that Council supports the resolution regarding the efforts of the Canadian Auto Workers and their Fight Back Campaign to keep the Niagara Glass Plant open and to secure jobs for a working future in this community; that Mayor Thomson, Aldermen Craitor and Hendershot be authorized to attend the founding conference on January 30, 1993 and further, that Mayor Thomson present a $2,000.00 cheque as a donation to the conference. Carried Unanimously. His Worship Mayor Thomson thanked Messrs. O'Dell and Hardwick for their presentations. COMMUNICATIONS Communication No. 28 - Kiwanis Music & Danca Festival - Re: 60th Anniversary Celebrations. The communication requests Council attend ceremonies to mark the special occasion on Monday, April 19, 1993 at 7:00 p.m. at St. Androws United Church. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that regrets be forwarded regarding Council's inability to attend the opening ceremonies due to a conflicting Council meeting; and further that best wishes be extended for a successful festival. Carried Unanimously. Communication No. 29 - Niagara Peninsula Conservation Foundation - Re: Proclamation. The communication requests Council proclaim the week of April 30th to May 9th, 1993 as "Arbor Week", and inviting members of Council to join the Niagara peninsula Conservation Foundation, the Niagara Peninsula Conservation Authority and other municipal representatives in a kickoff ceremony on the morning of April 30, 1993. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the request be approved subject to established policy. Carried Unanimously. REPORTS il-93-04 - Chief Administrative Officer - Re: Amendment to Market By-law 81-274. The report recommends that the by-law appearing on tonight's Council agenda which amends By-law No. 81-274 being a by-law for establishing, maintaining and operating markets for regulating said markets located within the City of Niagara Falls be passed. Mr. David Steele, President, Sylvia Market Place Association, indicated the market vendors do not wish to remove a certain vendor from the market, that it was more than just a place to buy fruits and vegetables, that it was also a meeting place where friends and neighbours congregated. Mr. Steele stated that he had received numerous complaints from vendors and customers regarding "loud calling" from a certain vendor at the market. The City Solicitor responded to questions regarding the issue of the violation Human Rights and and referred to the Canadian Charter of Rights & Freedom; the enforcement of the By-law at the Sylvia Place market and in other municipalities; what constituted "loud crying" and the payment of fines. ...3 Mr. Bob Mueller, Co-Chair, Main and Ferry Business Association, stated that he had been approached by individuals inquiring about disturbances caused by a certain vendor at the market and indicated that he felt the by-law would stop the harassment and disturbances to vendors and customers. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report he received and adopted. The motion Carrio&l_ with the following vote: AYE: Aldermen Cowan, Craitor, Cummings, Fisher, Germane, Hendershot and Puttick. NAYE: Aldermen Janvary, err and Susin. S~No. 93-22 MW-93-15 - Municipal Parking & Traffic Committee - Re: Municipal Parking and Traffic Committee Recommendations - January 12, 1993 Meeting. The report recommends the following: MW-93-01 - Windermere Road & Isaac Street - Parking Restrictions - That Parking be prohibited on both sides of Isaac Street from Windermere Road to Dorchester Road at all times; - That Parking be restricted on the west side of Windermere Road from Isaac Street to and including 3799 Windermere Road, at all times. MW-93-11 - Removal of School Crossing Guards - Various Locations - That thu removal of the School Crossing Guard at Churches Lane at Gall Avenue be approved in principle effective at the end of the 1992-1993 school year. - That staff be directed to advise the school boards and schools affected by the impending crossing guard removal. - That a School Crossing Guard be implemented in both the morning and evening at the intersection of Beaverdams Road at Kimbark Avenue. - That the new School Crossing Guard Policy as prepared by the Ministry of Transportation and the Ontario Traffic Conference be adopted as the City of Niagara Falls policy for determining the need for school crossing protection. - That staff review all existing school crossing locations based on the new policy and report back to committee before the end of the school year. ORDERED on the motion of Alderman Fisher, seconded by Alderman Germane, that the report be received and adopted. The motion Carried with Alderman err voting contrary to Report MW-93-11, Item No. 4, regarding the new School Crossing Guard Policy; and with all others voting in fayour. RATIFICATION OF MUNICIPAL WORKS COMMITFEE MATTERS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the following actions taken by the Municipal Works Committee, earlier this evening, be approved. - Minutes of the January 11, 1993 Meeting; - MW-93-16 - Proposed Road Closure - Nichol's Lane at CN Railway Crossing - that Nichol's Lane be closed until such time as development warrants its reopening; the City's right-of-way being closed not be sold to adjacent !and owners, and; that staff be directed to carry out necessary works to close the road within 60 days. - Mayor Thomson and Alderman Craitor, opposed to the motion. - Widening of Q.E.W. to 6 Lanes from Highway//405 to McLeod Road (including Thorold Stone Road Interchange Improvements Presentation) - that Council endorse, in principle, the widening study proposal as presented and submitted by the Ministry of Transportation. ...4 -4- -5- - Storm Water Drainage Problem along Montrose Road, North of Thorold Stone Road (Kaitlin Court Apartments). The motion .C_3rried with Mayor Thomson and Alderman Craltor opposed to Report MW-93-16 and with all others voting in fayour. PD-93-15 - Chief Administrative Officer - Re: Response to County of Elgin on Provincial Planning initiatives Relating to Privately Serviced Lots. The report recommends that Council take no action on the request to endorse the Elgin County Council resolution concerning the potential effect that recent Provincial planning initiatives will have on local planning issues. ORDERED on the motion of Alderman Susin, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. F-93-05 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,929,392.39 for the period ending January 25, 1993, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 83873 and 83875. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings, Fisher and err, abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 93-30 F-93-06 - Chief Administrative Officer - Re: Rescinding and Reducing Capital By-laws. The report recommends that Council pass the by-laws appearing on this evening's ageride to rescind the by-laws authorizing a spending limit of $3 million for the expansion of the library and reducing by $4 million the by-law authorizing the servicing of the Montrosa Business Park. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously, See By-law No. 93-26 See By-law No. 93-28 F-93-07 - Chief Administrative Officer - Re: Collection Bydaw. The report recommends that the report be for the information of City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously, See By-law No. 93-23 CD-93-06 - Chief Administrative Officer - Re: Special Occasion Permit; 10th Regency Old Timers Hockey Tournament. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 07 - CRAITOR - CUMMINGS ~ WHEREAS the Ford Motor Company of Canada has seen fit to announce their decision on January 7, 1993 to close the Niagara Glass Plant; WHEREAS the negative economic impact will not only affect the workers of the Niagara Glass Plant but also the Citizens of Niagara Falls through loss of a local job base, and loss of commercial tax revenue which will ultimately cost residents more tax dollars; WHEREAS local businesses will also suffer this loss through lower revenues because of a "domino effect" of job loss which eventually may ereate an economic downturn; WHEREAS in these tough economic times we can ill afford another plant closure in the Niagara area; NOW THEREFORE BE IT RESOLVED THAT this City Council of Niagara Falls fully support the efforts of the Canadian Auto Workers Local 1054 and their Fight Back Campaign to keep the Niagara Glass Plant open and to secure jobs for a working future in this community. AND the Seal of the Corporation be hereto affixed. Carried~ BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-22 A by-law to amend By-law 81-274, being a by-law for establishing, maintaining and operating markets for regulating such markets located within the City of Niagara Falls. 93-23 A by-law to provide for the collection of interim taxes and taxes from year to year and to remain in force until repealed. 93-24 A by-law to provide an interim levy of realty taxes. 93-25 A by-law to authorize the execution of an agreement with MPS Reintiers Niagara Inc. for the design of Municipal services for Project 93-107. 93-26 A by-law to amend By-law 89-315 being a by-law to authorize a construction programme to provide services for Phase I of the Montrose Business Park. 93-27 A by-law to authorize the execution of an agreement with Zakir All, carrying on business as Niagara Engineering for the design of Municipal services for Project 93-108. 93-28 A by-law to repeal certain by-laws relating to the Niagara Falls Public Library for the issue of debentures in the total principle amount of $3,000,000.00 93-29 A by-law to amend By-law 79-200 as amended (AM-33189, Craig Newton) 93-30 A by-law to authorize monies for General Purposes (January 25, 1993). The motion Carried with Aldermen Janvary, err and Susin voting contrary to By-law No.93-22; Alderman Fisher abstaining from the vote on By-law 93-27, on a conflict of interest previously noted; Aldermen Craitor, Cummings, Fisher and err, abstaining from the vote on By-law No. 93-30, on conflicts previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 93-22 A by4aw to amend By-law 81-274, being a by-law for establishing, maintaining and operating markets for regulating such markets located within the City of Niagara Falls. 93-23 A by-law to provide for the collection of interim taxes and taxes from year to year and to remain in force until replied. 93-24 A by-law to provide an interim levy of realty taxes. 93-25 A by-law to authorize the execution of an agreement with MPS Reintiers Niagara Inc. for the design of Municipal services for Project 93-107. 93-26 A by-law to amend By-law 89-315 being a by-law to authorize a construction programme to provide services for Phase I of the Montroee Business Park. 9347 A by-law to authorize the execution of an agreement with Zakir Ali, carrying on business as Niagara Engineering for the design of Municipal services for Project 93-108. -6° - 7 - 93-28 A by-law to repeal certain by-laws relating to the Niagara Falls Public Library for the issue of debentures in the total principle amount of $3,000,000.00 93-29 A by-law to amend By-law 79-200 as amended (AM-33/89, Craig Newton) 93-30 A by-law to authorize monies for General Purposes (January 25, 1993). The motion Carried with Aldermen Janvary, err and Susin voting contrary to By-law No.93-22; Alderman Fisher abstaining from the vote on By-law 93-27, on a conflict of interest previously noted; Aldermen Craltor, Cummings, Fisher and Orr, abstaining from the vote on By-law No. 93-30, on conflicts of interest previously no~.,d and with all others voting in fayour. NEW BUSINESS Letter of Condolence Alderman Fisher requested that a letter of condolence be forwarded to the family of Brian Sinclair on the recent loss of his mother. ORDERED on the motion of Alderman Headershot, seconded by Alderman Puttick, that a leRer of condolence be forwarded to the family of Brian Sinclair on the re, cent loss of his mother, Mrs. Isobel Sinclair. Carried Unanimously. Victorian Order of Nurses Alderman Germane referred to the Victorian Order of Nurses (VON) flag raising ceremony which had been held at City Hall this day and informed that tree seedling kits had been provided to Council on behalf of the VON, who provide a much needed service to the community. FCM Membership ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that a copy of a letter received from the Federation of Canadian Municipalities be forwarded to the City Convention Committee and that a letter be forwarded to the President of FCM stating if Niagara Falls is considered as a convention site, that Council would reconsider their position regarding membership to the FCM, and further that the matter also be referred to the Finance Committee. Carried Unanimously. Regional Step Increases Alderman Puttick referred to a resolution obtained from the Region with regard to wages and a 0% increase. Alderman Puttick indicated that 190 employees may be eligible for step increases at the Region at a cost of approximately $174,000. of which 23 % would be paid by the municipality. Miss Teen Niagara Pageant Alderman Cummings referred to the Miss Teen Niagara Pageant, which had be~n held this past weekend and requested that a letter of congratulations be forwarded to the winner, Miss Michelle Wasylyshen. His Worship Mayor Thomson requested that a letter of appreciation also be forwarded to Niagara Promotion Association, Mrs. Marlerie Cummings; Loretta Rae and Christine Pasco for the admirable work and organization that was done for the pageant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a letter of congratulations be forwarded to Miss Michelle Wasylyshea; and further that letters of appreciation be forwarded to Niagara Promotion Association, Mrs. Marlane Cummings; Loretta Rae and Christine Pasco for their admirable work on the pageant. Carried Unanimously. Casino in Niagara Falls His Worship Mayor Thomson provided an update on a recent meeting artended by the Mayor, the Chief Administrative Officer, and Mr. Murray Johnston, with the Minister of Corporate and Consumer Affairs, Marilyn Churley, to discuss the possibility of Niagara Falls being considered for a casino. Mayor Thomson indicated the Minister was informed of the devastation within the tourist industry; the unemployment situation and stated that a substantial presentation had been made to the Minister, indicating the city's uniqueness, whereby all the infrastructure is in place with regard to hotels and attractions; and requested that Niagara Falls be considered along with Windsor as a pilot project. It was stated by the Minister that there would be one pilot project at this time to be evaluated before any further considerations would be made. The Mayor maintained that a complete study would be carried out by the Government to evaluate the whole aspect of casinos in Ontario; their financial impact and location; that when the report became available Council would be informed of the results. Mr. Murray Johnston referred to discussions regarding the need of a casino to provide employment and the generation of dollars into the community. Concerns were expressed with regard to a recent newspaper article on the stand of the local MPP. Rotary Club Roast Alderman Hendershot referred to the 1st Annual St. Valentine's Celebrity Roast being sponsored by the Niagara Falls Rotary Club, on Wednesday, February 17th, 1993. The Director of Parks and Recreation indicated tickets were available with all profits going to Rotary Charities. ORDERED on the motion of Alderman err, seconded by Alderman Puttick, that the meeting be adjourned. Carried Unanimously, READ AND ADOPTED, MAYOR WAYNE THOMSON FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 February 1, 1993 Council met on Monday, February 1, 1993 at 6:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Shetar, who was away due to illness, were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers February 1, 1993 Council met on Monday, February 1, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Shetar, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Janvary offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cummings indicated a pecuniary interest on Report F-93-08, Cheque Nos. 83978 and 84024 because Acres his employer is involved. Alderman Fisher indicated a pecuniary interest on Comraunication No. 37 with respect to the i Developmant Charges By-law, because she owns property where development charges could apply. Alderman Cowan indicated a pecuniary interest on Report F-93-08, Cheque No. 84051, because his employer is involved. Alderman Craitor indicated a pecuniary interest on Report F-93-08, Cheque No. 84088, because he is a member on the Board of Directors; Cheque Nos. 84105 and 84106, because his wife is employed by the Region. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Minutes of the Regular Meeting of January 25, 1993 be adopted as printed. Carried Unanimously. ...2 -2- -3 - DEPUTATIONS Greater Niagara Transit Commission Communication No. 30A - Greater Niagara Transit Commission - Re: Statement of Affairs. The communication attaches the Statement of Affairs and Audited Statement of the Greater Niagara Transit Commission for the year ending December 31, 1992; the communication advises of the decrease in ridership of 9.6% from last year, and that given the present economic climate, the Commission and its staff continue to explore ways of generating ridership through service improvements and other incemive programs such as Sunday service to the Stamford and Chippawn communities; the continued provision of transportation services at reduced rates to disabled persons on low income; as well as unemployed and welfare recipients approved by the Niagara Falls Occupation Help & Development Centre Inc.; and the communication further provides an overview of activities with respect to the Shuttle Service; Garage Service; Terminal; and the 1992 Per Capita Cost. Mr. W. Mares, Chairman of the Commission, introduced the following representatives of the Niagara Transit and Chair-A-Van: Mr. A. "Sandy" Casey, Mr. Terry Librock, Mr. Rudy Me. user, Mr. G. Prata, Mr. Shawn Wolkowswki; and Mr. Gordon Courtsell. Mr. Maves reviewed Communication 30A and responded to questions regarding fare increases and the dearease in ridership. Communication 30B - Niagara Chair-A-Van - Re: Statement of Affairs. The communication encloses the Statement of Affairs and Audited Statement with respect to transportation of the physically disabled for the year 1992; provides an overview of personnel and activities; provides information on the total net operating and capital costs. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the Statement of Affairs, Communications and Audited Financial Statements be received and flied for the information of Council. The motion Carried with Alderman Susin voting contrary to the fare increases and with all others voting in fayour. His Worship Mayor Thomson thanked Mr. Maves for his presentation. COMMUNICATIONS Communication No. 31 - City of Guelph, Office of the Mayor - Re: Resolution. The communication requests that Council approve a resolution requesting the Federal and Provincial governments to implement appropriate standards and guidelines for the care and transportation of exotic animals used in live performances. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the matter be referred to the Humane Society. Carried Unanimously. Communication No. 32 - The Corporation of the Township of Gordon - Re: Resolution. The communication requests that Council support a resolution asking the Ministry of Environment to promote refundable cans and bottles by the beverage industry. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the request be supported. Carried Unanimously. Communication No. 33 - City of Peterborough, Two Tier Property Tax Committee - Re: Resolution. The communication requests Council pass a resolution to support the implementation of Two Tier Property Taxation for 50% of budget requirements from land assessment and 50% from building assessmeBt. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to Finance. Carried UnanimousLy. Communication No. 34 - Bey Flavo, Book Riot Committee, Niagara Women In Crisis - Re: Book Riot, at the SkyIon Tower. The communication requests permission to hang a banner across Stanley Avenue at Stamford Street during the week of May 13 - 17, 1993. It was noted the banner would be hung across a Regional Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the request be approved subject to the approval of the appropriate authorities. Carried Unanimously. Communication No. 35 - Lancaster, Mix & Welch, Barristers & Solicitors - Re: Niagara District Airport. The communication provides information regarding the incorporation of the Niagara District Airport Master Plan and the Establishment of a Board of Directors. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be referred to the City Solicitor for review. Carried Unanimously. Communication No. 36 - Social Planning Council of Niagara Falls - Re: Mayor's Committee on Housing. The communication provides information on the Mayor's Committee on Housing regarding the mandate, procedures, meeting schedule and the commiRee list, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the proposal be endorsed as submitted. The motion Carried with Aldermen Orr and Puttick voting contrary to the motion and with all others voting in favour. Communication No. 37 - Regional Niagara, Office of the Clerk - Re: Development Charges. The communication provides information on By-law No. 7022, being a By-law to amend By-law 6500-91 in respect of Development Charges. ORDERED on the motion of Alderm~n Ward, seconded by Alderman Cummings, that the communication be referred to staff. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. REPORTS B-93..06 - Chief Administrative Officer - Re: Property Standards Order; Joseph Lapointe, 4457 Ferguson Street. The report recommends that the Corporation retain a towing contractor to forthwith complete the work which Joseph Lapointe was directed to carry out under the Order of the Property Standards Officer, namely the removal of derelict vehicles from the subject property. ORDERED on the motion of Alderman err, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously, B-93-07 - Chief Administrative Officer - Re: Update of Savings, Energy Efficient Lighting Systems, City Buildings. The report recommends that Council receive the information in the report in the interest of providing its continued support in approving future energy conservation projects. ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. MW-93-25 - Chief Administrative Officer - Re: Municipal Works Committee Report; Kaitlin Court Condominium - 3364 Montrose Road. The report recommends the following: I, That staff arrange to have the deficiencies in the above-noted Site Plan rectified; 2. That this report be received and filed for information. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hende. rshot, that the report be received and filed. Carried Unanimously, -4- -5 - PD-93-10 - Chief Administrative Officer - Re: Draft Plan of Subdivision 26T-92015; Revised Southgate Estates, 6690 Meritrose Road. The report recommends that Council approve of the revised Southgate Estates draft plan of subdivision which provides 42 lots for single detached dwellings and 2 blocks for future developmere subject to the conditions attached as Appendix I to this report and that the Regional planning and Development Department be so advised. ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the report be received and adopted. The motion ~ with Alderman Janvary voting contrary to the motion and with all others voting in favour. PD-93-17 - Chief Administrative Officer - Re: Rental Housing Protection Act; Application for Condominlum Conversion, Conleo Holdings Ltd., 4872 Valley Way (CD-93-001). The report recommends that this application for conversion of five existing rental units to condominium under the Rental Housing Protection Act 1989, be approved, subject to the conditions enumerated in this report. His Worship Mayor Thomson declared the Public Meeting open and reviewed the procedure to be followed under the Rental Housing Protection Act. The City Clerk advised that the Notices of the Public Meeting had been forwarded to the owners, agent, tenants, and solicitor on January 11, 1993. His Worship Mayor Thomson received indication that Mr. Lee Brown was in attendance and a positive response was received to his request for a show of hands by persons present who were interested in the application; and a negative response was received to his request for comments from persons, other than the applicant or his agent, in support or in opposition of the application. The Deputy Director of Planning and Development stated that the conditions of approval were standard and indicated there was nothing uncommon with the application. Mr. Lee Brown addressed the four conditions of approval individually and stated that Condition (1) was acceptable; Condition (2) would not give carte blanche to any tenant with regard to financial assistance for moving expenses; Condition (3) indicated there were concerns as the present leases expire July, 1993 and September, 1993; and Condition (4) suggested that the condition apply to specific units that are now occupied and for the current occupants. The Deputy Director of Planning and Development replied the request was reasonable as there were only two units involved. Since no further comments were forthcoming, His Worship Mayor Thomsondeclared the meeting with respect m PD-93-17 (CD-93-001) closed. ORDERED on the motion of Alderman err, seconded by Alderman Hendershot, that the report be received and conditions of approval be modified as suggested by Mr. Lee Brown and agreed to by the City's Planning Department, and further, that future reports include the price of the condominium fe~. Carried Unanimously. CD-93-0S - Chief Administrative Officer - Re: Proposed Plan of Condominium SubdiVision; Valley Way Condominlum,, 4872 Valley Way; File: 26-CD-92003(1) Owner: Conleo Holdings Ltd. The report recommends the following; 1. That subject to Council's approval at this meeting of the application under the Rental Housing Protection Act (File No. CD-93-O01), in respect to ~e conversion of rental units at the above location, that ~e Condominium Subdivision Application relating to the subject property, be introduced; 2. That subject to any comments being received as a result of the Public Meeting process and the introduction of the Condominlum Subdivision Application, that the Condominium Subdivision be epproved, subject to the Conditions stated in the report, ORDERED on the motion of Alderman err, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-93-18 - Environmental Planning & Greening Committee - Re: Action from the Environmental Planning & Greening Committee Meeting of January 20, 1993. The report recommends that Council endorse the actions resulting from the January 20, 1993 meeting of the Environmental Planning and Greening Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. PD-93-19 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Parkway Acres Subdivision - 26T-87010. The report recommends the following: 1. That Council adopt and forward to the Regional Municipality of Niagara, a resolution supporting a one-year extension to the Parkway Acres Draft Plan of Subdivision, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements; 2. That a copy of this report and Council's decision be forwarded to the Regional Municipality of Niagara, and to George Radajcic. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See Resolution No. 14. HR-93-06 - Chief Administrative Officer - Re: Niagara Falls Public Library Update. The report highlights the operational and organizational changes implemented at the Niagara Falls Public Library. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and filed for the information of Council. Carried Unanimously. F-93-08 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $887,230.17 for the period ending February 1, 1993, be approved by the passing of the by-law appearing later on the aganda. Additional information was provided on Cheque No. 83962; 84039; 84009; 84086; 84102; 84112; 84113; 84114. Alderman err requested that a report be submitted outlining the costs for the 1992 Festival of Lights; Alderman Puttick requested further details regarding the Festival of Lights sponsorship. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Cowan, Craitor and Cummings abstaining on the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 93-34 Ratification of Finance Committee Actions ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following actions taken by the Finance Committee, earlier this evening, be approved. Minutes of the January 11, 1993 Meeting; InformatiOn Niagara - that the City of Niagara Falls re-instate the provision of the grant of one-twelfth funding to Information Niagara until final budget deliberation, keeping in line with what the other agencies are receiving. Niagara Falls Volunteer Bureau - that the City of Niagara Falls re-instate the provision of the grant of one-twelfth funding to Niagara Fails Volunteer Bureau until final budget deliberation, keeping in line with what the other agencies are receiving. -6- Report FC-93-06 - General Insurance Report - that the Finance Committee approve the 1993 Insurance program at an annual premium of $362,990 (1992 $406,240); and approve the amendments, as outlined to the City's General Insurance Program at an additional annual premium of $9,059 - Alderman Susin opposed; - Report FC-93-07 - Tender for Gasoline & Diesel Fuel - that the Committee accept and fenyard to Council, for their consideration, the Tender results and the award of the supply of gasoline and diesel fuel to petre Canada Inc. based upon the Niagara Co-operative Tender ~t92-T-27; - Report FC-93-08 - 1993 Capital Budget - that the final amended 1993 Capital Budget be approved and be forwarded to Council for endorsation - Alderman Susin declared a conflict of interest to the same matters as declared at the January 11, 1993 meeting (Stanley Avenue, Arthur/Morales/Alexander Area) Niagara Falls Hydro; and Oakes Park Track; - Niagara Falls Public Library Board - Revenue & Expenditures as at December 31, 1992 - that the Operating Budget for the Niagara Falls Public Library Board be received and filed for information; - International Great Lakes St. Lawrence Mayors' Conference - that the membership fee of $556.40 be approved for the International Great Lakes St. Lawrence Mayors' Conference and that Mayor Thomson have the option of attending the 7th International Great Lakes St. Lawrence Mayors' Conference - Alderman err opposed; Request for Advertising - Niagara Region Police Aasociation's "Forum" - that the correspondence received from the Niagara Region Police Association be received and filed for information; - Selection of Delegate to attend Ontario Good Roads Conference - February 21 to February 24, 1993 - - By ballot procedure, Alderman Bruce Cowan was the selected representative chosen to attend the Ontario Good Roads Conference from February 21 to February 24, 1993. The motion Carried with Alderman Susin opposed to Report FC-93-06; abstaining from the vote on a conflict of interest on Report FC-93-0g; Alderman err opposed to the matter of the International great Lakes St. Lawrence Mayors' Conference and with all others voting in layout. CD-93-07 - Chief Administrative Officer - Re: Special Occasion Permit; United Way Boxing Event. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization in this report. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously, ,~ RESOLUTIONS No. 08 - CUMMINGS - WARD ~ 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 Transportation For Physically Disabled persons, tbr the year 1992; in the amount of $2,065.00 (Operating); AND the Seal of the Corporation be hereto affixed. Carried. Unanimously. No. 09 - CUMMINGS - eRR - RESOLVED that the Council of the Corporation of the City of Niagara Falls petitions for subsidy under the provisions of The Public Transportation and Highway Improvement Act on expenditures made during the year 1992 in the amount of $7,946;950.48; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 10 - eRR - CUMMINGS - RESOLVED that a message of ¢ondoinnee be forwarded to the family of the late Glen Wiltick, a former employee of the Corporation for many years, and rnspect~d resident of the municipality; AND the Seal of the Corporation be hereto afftxed. Carried Unanimousty. - 7 ~ No. 11 - GERMANe - }lENDERSHOT - RESOLVED that WHEREAS Canada is a multicultural society made up of people from different ethnic and racial backgrounds; AND WHEREAS in Canada there has always been a mutual respect for each other's differences; AND WHEREAS there is no place in Canada for racism and bigotry. NOW THEREFORE BE IT RESOLVED that Council swiftly and firmly condemn any group that seeks to promote racial hatred or attempts to assert the supremacy of one race or group over another; AND FURTHER that Council policy be amended to provide that the use or access to any municipal building or lands be denied to any person or group that has as its objectives the promotion of racism or bigotry, and that no special occasion event permit be issued to such groups. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 12 - GERMANe - CUMMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Maria Vescio, a well respected resident of the community. AND the Seal of the Corporation be hereto affixed. Carried Uminimouslv. No. 13 - GERMANe - eRR - RESOLVED that a message of condolence be forwarded to the family of the late John Quagliariello, a past president of the Greater Niagara Baseball Association, and a member of the Recreation Committee. AND the Seal of the Corporation be hereto all'need. Carried Unanimously. No. 14 - CUMMINGS - WARD - RESOLVED that the Council of the City of Niagara Falls supports a one-year extension of Draft plan Approval for the parkway Acres Subdivision (File No. 26T-87010) and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements; AND the Seal of the Corporation be hereto affixed. BY-LAWS ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-31 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) (Isaac Street & Windarmeru Road). 93-32 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O. 1990. 93-33 A by-law to stop up and close part of Nichols Lane. 93-34 A by-law to authorize the payment of $887,230.17 for General Purposes. The motion Carried with Aldermen Cowan, Craitor and Cummings abstaining from the vote on By-law No. 93-34, on conflicts of interest previously noted; Alderman Craltor voting contrary to By-law -93-33 and with all others voting in favour. ORDERED on the motion of Alderman Cummings, see. ended by Alderman Hendershot, that the following by-laws be now read a second and third time: 93- 31 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) (Isaao Street & Windarmere Road). ...8 -8- -9- 93-32 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O. 1990. 93-33 A by-law to stop up and close part of Nichols Lane. 93-34 A by-law to authorize the payment of $887,230.17 for General purposes. The motion ~ with Aldermen Cowan, Craitor and Cummings abstaining from the vote on By-law No. 93-34, on conflicts of interest previously noted; Alderman Craitor voting contrary to By-law -93-33 and with all others voting in fayour. Alderman Hendershot indicated he would be representing the City at the Regional Niagara Tourist Council, who would also be endorsing a resolution regarding casinos in Niagara Falls. His Worship Mayor Thomson requested that the Tourist & Convention Bureau also provide an endorsement for a casino in Niagara Falls. Than~ You Alderman Janvary thanked all members of Council for their support, letters and flowers during the recent loss of her husband. NEW BUSINESS Alderman Cummings addressed the matter of the "Yes" sign used during the Federal referendum at the plaza at Five Corners and indicated the sign had not yet been removed. The Deputy City Clerk indicated that the individuals responsible would be contacted again to have the sign removed. Landfill Operalions Alderman Susin discussed the matter of landfall operations and Sunday openings at the landfill site. ORDERED on the motion of Alderman Susin, seconded by Alderman err, that a report be brought back by the Engineer with respect to looking at the economies of landfill operations and garbage collection during the winter season. Carried Unanimously. Alderman Fisher suggested that consideration be given to garbage collection every other week. His Worship Mayor Thomson thanked MacLean Hunter Communications, on behalf of members of Council, for providing a great public service to the community by bringing the Council meetings into the homes of the citizens of Niagara Falls, therefore, making the public aware of how Council conducts municipal affairs and keeps the City functioning. ORDERED on the motion of Mayor Thomson, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON Letter of Condolence ORDERED on the motion of Alderman Germane, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Maria Vescio. Carried Unanimously. ORDERED on the motion of Alderman Germane, seconded by Alderman err, that a letter of condolence be forwarded to the family of the late John Quagliariello. CarriedUnanlmously. Casinos Alderman Craitor stated that as the City's representative on the Chamber of Commerce committee, he had stranded a meeting where discussions on having a casino in Niagara Falls were held. He noted the Chamber of Commerce is preparing a resolution indicating their support of Niagara Falls having a casino and that letters are being forwarded to the appropriate inaividuals confirming that support. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that an invitation be extended to our local MPP, Mrs. Margaret Harrington, to provide an update on Provincial matters to the members of Council. Carried Unanimously, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the Hen. Shirley Coppen be extended an invitation to attend a Council meeting and provide an update to members of Council. Carried Unanimously. ...9 SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 February 8, 1993 Council met on Monday, February 8, 1993 at 6:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Susin presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOFrED, ............ PLANNING MEETING Council Chambers February 8, 1993 Council met on Monday, February 8, 1993 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Susin offered the Opening Prayer. His Worship Mayor Thomson welcomed Alderman Ed Shetar back to the Council meeting after his lengthy illness. Alderman Sherat thanked all members of Council for all their best wishes and fruit basket during his .recent illness. DISCLOSURES OF PECUNIARY INTERESTS Aldermen Hendershot and Janvary indicated pecuniary interests on Report F-93-09, Cheque No. 84241, because Niagara South Board of Education is their employer. Alderman Cowan indicated a pecuniary interest on Communication No. 41a) and 41b) because it is his employer. Alderman Craitor indicated a pecuniary interest on Report F-93-09, Cheque Nos. 84254 and 84255, because his wife is employed by the Region. Prior to dealing with Planning Matters, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that Mr. John VanKooten, Niagara Falls Review, be permitted to address Council. Carried Unanimously. Mr. Van Kooten provided details on the upcoming Valentine Celebrations, being held on Saturday, February 13, 1993. Mr. VanKooten informed the event will include the winners of a Golden Memories Honeymoon Contest; a carriage ride with a torchlight procession; the emptying of a giant bottle of champagne from a helicopter over the Falls and a fireworks display. Mr. VanKootan requested that Council support this endearour with a $3,000.00 donation towards the fireworks display. -2- Mr. VanKooten invited everyone to sign the largest Valentine Card in the World which was situated at Niagara Square Shopping Mall. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the amount of up to $3,000.00 be donated to the Golden Memories Honeymoon Celebrations for the fireworks displays. The motion .C~ with the following vote: AYE: Alderman Craltor, Germane, Hendershot, Janvary, Shetar, Ward, and Mayor Thomson. NAYE: Alderman Cowan, Cummings, Fisher, Orr, Puttick and Susin. Mr. VanKooten thanked Council for the opportunity to make his presentation. REPORTS - PLANNING MATTERS PD-93-23 - Chief Administrative Officer - Re: Zoning By-law Amendment; AM-34/92, J. & H. Tanghengko, 4962 McRae Street. The report recommends the following: 1. That Council support the application to amend the City's Zoning By-law to permit the existing dwelling to be used as a rooming and boarding house; 2. That the amending by-law be held in abeyance until the dwelling is inspected and brought into compliance, as required with the Building Code, with the Maintenance and Occupancy Standards By-law and other applicable regulations and that the findings be used to determine the maximum number of residents that can be accommodated in the dwelling; 3. That the amending by-law include provisions which specify the maximum number of permitted residents, recognize the size and location of the existing dwelling, and require the house to be supervised on a 24-hour basis; 4. That the applicant be required to dedicate a daylighting triangle at the intersection of McRae Street and Second Avenue and to pay applicable Development Charges; 5. That Council determine whethar the operation of rooming, boarding and lodging houses should be licensed. -AND- Communication No. 38 - Regional Niagara, Planning & Development. The communication advises having no objection to the approval of the application. - AND - Communication No. 39 - D. Atkinson. The communication expresses concerns with respect to the proposed zoning by-law amendment and requests that the amendment be disallowed. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development read the Affidavit of the Clerk advising that the Notices of the Public Meeting had been forwarded to all persons assessed as of land within 120 metres of the subject lands on January 8, 1993. His Worship Mayor Thomson received indication that Mr. William Slovak was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-13; Planning Review; Physical Assessment; Operational Assessment; Nature of the Zone Change; and Public Notification Process. -3- His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. Mr. Doug Tiller, 5160 Third Avenue, indicated that he was opposed to the commercial venture; expressed concerns regarding parking and sanitation facilities; fire codes and existing hydro capabilities. The Director of Building & Inspections responded that prior to occupancy, if the application was approved, the issues of hydro and fire safety would be addressed. Mr. John McNamara, 5144 Third Avenue, expressed concerns regarding the "creeping" efl~ct or overtaking of the neighbourhood with such facilities; and parking problems. The Director of Planning and Development responded to questions with respect to parking and indicated the criteria provides for three-car parking on the property, but also indicated that most of the residents do not require vehicles. Mr. Brian Holinaty, 4999 McRae, expressed concerns with respect to pilfering in the neighbourhood and the deterioration of the neighbourhood. Mr. William Slovak, Solicitor, responded to questions regarding the type of occupants it the facility and indicated some are senior citizens, who do not have the financial means to live elsewhere, but they were not transients. Discussions on the following matters were held: the use of rooming, boarding and rest homes; references to the Mayor's Committee on Housing and its findings were made; the need for regulations and policies regarding this type of housing. Mrs. Jacqueline Tiller, 5160 Third Avenue, questioned the distinction between group homes versus rooming and boarding homes. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-34/92 closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the zoning matters be tabled and that a report on the licensing aspect of second level lodging homes be brought back to Council. The motion Carried with the following vote: AYE: Alderman Cowan, Craitor, Cummings, Hendershot, Janvary, Orr, Susin and Ward. NAYE: - Alderman Fisher, Germane, Puttick and Shetar. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the communications be received and filed. Carried Unanimously. MISCELLANEOUS PLANNING MATTERS PD-93-07 - Chief Administrative Officer - Re: Proposed Revisions to the New Official Plan. The report recommends the following: 1. That Council receive and accept the proposed revisions to the new Official Plan as outlined in this report; ...4 2. That a copy of this report be provided to the Ministry of Municipal Affairs and Council direct staff to discuss the proposed revisions with the Ministry as possible modifications to the new Official Plan; That a copy of this report be provided to the Regional Municipality of Niagara and that the Region be requested to amend the Urban Areas Boundaries of the City by incorporating the four boundary adjustments as identified in the new Official Plan; ...4 -4- 4. That the Ministry of Municipal Affairs be further encouraged to expedite the final approval of the new Official Plan as quickly as possible. The Director of Planning and Development provided an overview on the Official Plan Review Flow Chart; the Official Plan Approval Process; the Agency Comments and Status Relating to the Official Plan. The Manager of Policy Planning reviewed the Proposed Revisions to the New Official Plan; Agency Comments; Items of Concern; Starf Response and Proposed Modifications; Proposed Changes to the Schedules; Land Use Schedule; Major Roads Plan; Community Planning Districts; Proposed Appendices to be added to the Official Plan; Areas of Non-Conformity with the Established Urban Area Boundary. ORDERED on the motion of Alderman Puttick, seconded by Alderman Bendershot, that the report be received and adopted. Carried Unanimously. PD-93-20 - Chief Administrative Officer - Re: Proposed Waste Disposal Site (Landfill) Cyanamid Canada Inc., 4th Avenue, Niagara Falls. The report recommends the following: 1. That the Ministry of Environment be advised that the City has concerns regarding the long term use of the subject lands given that the former landffils are not proposed to be alecommissioned; 2. That the approval of the Certificate of Approval be withheld until such time as the Ministry responds to the City; 3. That a copy of this report be forwarded to the Ministry of Environmere, Cyanamid Canada and Ontario Hydro. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-93-21 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval, Carol Extension Subdivision; 26T-88035. The report recommends the following: That a Council resolution supporting a one-year extension to the Carol Extension Draft Plan of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements; 2. That a copy of this report and Council's decision be forwarded to the Regional Municipality of Niagara, and to Mrs. L. Matevie. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See Resolution No. 17 PD-93-24 - Chief Administrative Officer - Re: Provincial Legislation - Bill 90; "Apartments in Houses". The report recommends the following: 1. That the City indieata that it continues to be generally support!ve of the proposed legislation, except for the following matters: a) Municipalities should be able to determine appropriate,classes of residential dwellings in which an apartment would be allowed, for Niagara Falls, within single detached homes only; b) Municipalities should be able to determine appropriate development standards (zoning) that consider local circumstances; c) Niagara Falls/Niagara Region should not be considered a priority area for the application of the legislation; -5 - 2. That this report be circulated to the Provincial Committee reviewing the legislation (Bill 90), the Ministry of Housing, the Ministry of Municipal Affairs, the Association of Municipalities of Ontario (AMO) and the Region of Niagara. ORDERED on the motion of Alderman Sherar, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the Minutes of the Regular Council Meeting of February 1, 1993 be adopted as printed. Carried Unanimously. COMMUNICATIONS Communication No. 40 - Corporation Township of Ramsay - Re: Resolution. The communication provides information with respect to the purpose of planning, respecting planning and development r~eform in Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 41a) - Niagara Falls Humane Society - Re: Appointment of Pound Keeper. The communication requests that the Humane Society be appointed as the City's Pound Keeper; ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, to approve that the Humane Society be appoimed the City's Pound Keeper. The motion Carried with Alderman Cowan abstaining from the vote on a conflict of interest previously noted; Aldermen Cummings and Susin voted contrary to the motion and with all others voting in favour. Communication No. 41b) - Niagara Falls Humane Society - Re: By-law No. 87 (1904), Animals other than dogs running at large. The communication requests an amendment to the animals running at large by-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the request be referred to starf. The motion Carried with Alderman Cowan, abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 42 - The Corporation of The Town of Markham, Mayor Frank Scarpitti - Re: World Town Criers Championships. The communication requests assistance in co-ordinating a visit by the Town Criers to Niagara Falls on Wednesday, June 16, 1993. ORDERED on the motion of Alderman Susin, seconded by Alderman Ward, that the matter be referred to staff for a report. Communication No. 43 - Local Architectural Conservancy Advisory Consmittec, G. Mark Hopkins - Re: Proclamation. The communication requests Council proclaim February 15th to February 21st, 1993 as "Ontario Heritage Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be approved subject to established policy. Carried Unanimously. Communication No. 44 - The Niagara Parks Commission - Re: Fireworks Display. The communication requests permission from Council to set off a fire works display in the Gorge on Saturday, February 13, 1993 at 6:15 p.m. as part of a honeymoon promotion. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that the request be approved subject to established policy. Carried Unanimously. -6- REPORTS MW-93-29 ' Chief Administrative Officer - Re: By-law to Authorize Road Reconstruction on Ellen Ave. from Centre St. to Magdalen St. and Magdalan St. from Lewis Ave. to Ellen Ave. The report recommends the following: That Council hear any person who claims that his/her land will be prejudicialiy affected by the By- 1. law appearing on tonighCs ageride, to authorize the above noted works; 2. That subject to there being no valid objectiota, that the By-law appearing on tonight's aganda be passed by Council. His Worship Mayor Thomson received a negative response to his request for a show of hands by persons present who were in support or in opposition to the application. ORDERED on the motion of Alderman Headershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, See By-law No. 93-36 RATIFICATION OF MUNICIPAL WORKS COMMITFEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. 1. Adoption of the Minutes of the January 25, 1993 meeting; 2. MW-93-27 - Mountain Road Landfill - "Revised" End Use Plans - that the City endorse the proposed Phase I and Phase II End Use Plans dated January 1993, which will form part of the supporting documentation to an Application for a Certificate of Approval for a Waste Disposal Site (Landfill) Proposed Upward Extension of the Mountain Road Landfill Site; 3. Downtown Gateway at Valley Way and Victoria Avenue - that approval be granted for authorization to tender. Carried Unanimously F-93-09 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $340,987.12 for the period ending February 8, 1993 be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 84140; 84229; and 34253. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion C~rried with Aldermen Craltor, Hendershot and Janvary abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 9341 C-93-01 - Chief Administrative Officer - Re: Ontario Hydro - Niagara River Hydro Electric Development Environmental Assessment. The repoa recommends the following: 1. That the City of Niagara Falls petition Ontario Hydro and the Provincial Government to expedite the approvals and the construction of the proposed expansion to the Sir Adam Beck facility; 2. That the City, in conjunction with the Region of Niagara and the Town of Niagara-on-the-Lake, make submissions to, and meet with the Premier of the Province and the Chairman of Ontario Hydro to outline the benefits of this project on the economy of the City and the Province and to promote the use of hydro generation as a sustainable form of electricity production. ORDERED on the motion of Alderman Puttick, seconded by Alderman Germane, that the report be received and adopted. The motion ~Carried with Aldermen Cummings and Shecar abstaining from the vote on conflicts of interest be~anse their employer, Acres was involved in the project and with all others voting in fayour. ...7 -7 - RESOLUTIONS No. 15 - PUTrICK - eRR - 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 transportation for physically disabled persons, for the year 1993, in the amount of $900.00 (Capital), and $92,251.00 (Operating); AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 16 - PUTrICK - eRR - 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 public transportation, for the year 1993, in the amount of $203,750.00 for the Capital Assistance Programme, and $755,405.00 for the Transit Operating Assistance Programme; AND the Seal of the Corporation be hereto affnced. Carried Unanimously No. 17 - CUMMINGS - HENDERSHOT - RESOLVED that the Council of the City of Niagara Falls supports a one-year extension to the Carol Extension Draft Plan of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 18 - CUMMINGS - HENDERSHOT - WHEREAS there are 21,800 people collecting unemployment benefits in the Niagara Region; AND WHEREAS there are 22,840 people collecting welfare in the Region; AND WHEREAS the Niagara Region has had the highest rate of unemployment in Canada for 18 of the last 24 months and Ontario has had the highest unemployment rate in Canada for the last 22 of 24 months; AND WHEREAS cross border shopping has had a devastating impact on the retail sector of Niagara; AND WHEREAS municipalities in the Niagara Region are experiencing tax arrears in the 46 million dollar range; AND WHEREAS the tourist industry in Niagara is experiencing occupancy and revenue levels decreased by 40%; AND WHEREAS both the Provincial and Federal Governments have in the past and still do offer financial incentives in areas which are considered to be economically depressed; AND WHEREAS it can be shown by the previously noted statistics, that the number of plant closures and jobs lost are due to the failing economy of the Region; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls strongly urges the Provincial and Federal Governments to immediately declare the Niagara Region an economically depressed area and to make it eligible for any and all financial incentives available to Municipalities, Business and Industry, to assist in overcoming the serious economic difficulties which exist in Niagara; AND FURTHER that all municipalities in the Regional Municipality of Niagara be urged to support this request to the Provincial and Federal levels of Government; AND FURTHER that the Regional Municipality of Niagara be urged to take the lead in a co-ordinating role in this request. AND the Seal of the Corporation be hereto affixed. Carried Unanimously BYrLAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to intxoduce the following by-laws, and the by-laws be read a first time: 93-36 A by-law to authorize road reconstruction of Ellen Avenue and Magdalen Street. 93-37 A by-law to amend By-law No. 79-200, as amended (AM-23/92, F. Muraca). 93-38 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O. 1990 (AM23192, F. Muraca). ...8 -8- 93-39 A by-law to amend By-law No. 79-200, as amended (AM-16/92). 9340 A by-law to amend By-law No. 92-174, being a by-law to amend various by-laws for the collection of imerim taxes and taxes in their respective years. 9341 A by-law to authorize the payment of $340,987.12 for General Purposes. The motion Carried with Aldermen Craitur, Janvary and Hendershot abstaining from the vote on By-law No. 9341 on conflicts of interest previously recorded and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the following by- laws be now read a second and third time: 93-36 A by-law to authorize road reconstruction of Ellen Avenue and Magdalen Street. 93-37 A by-law to amend By-law No. 79-200, as amended (AM-23/92, F. Muraca). 93-38 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O. 1990 (AM23/92, F. Muraca). 93-39 9340 A by-law to amend By-law No. 79-200, as amended (AM-16/92). A by-law to amend By-law No. 92-174, being a by-law to amend various by-laws for the collection of interim taxes and taxes in their respective years. 9341 A by-law to authorize the payment of $340,987.12 for General Purposes. The motion Carried with Aldermen Craitor, Janvary and Hendershot abstaining from the vote on By-law No. 9341 on conflicts of interest previously recorded and with all others voting in favour. NEW BUSINESS Chamber of Commerce Alderman Cummings referred to a recent advertisement in the Chamber of Commerce Newsletter Volume #37, with respect to "Sam's Club" in Niagara Falls, New York and expressed concerns regarding cross border shopping. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the matter be referred to the Chamber of Commerce with a report back to Council. Carried Unanimously, Economic Difficulties His Worship Mayor Thomson provided information on the economic difficulties in Niagara Falls, and indicated that 21,800 people are collecting unemployment benefits in Niagara; that 22,840 people are collecting welfare; with tax arrears being 46 million of which 25 million is in Niagai'a Falls; that the Niagara Peninsula has lead unemployment in Canada for 18 of the last 24 months and that in Ontario had had the highest unemployment rate for the last 22 of the 24 months. His Worship Mayor Thomson requested that a resolution be brought forward requesting senior levels of government to declare the Niagara Peninsula a depressed area; and that letter from the local MP and MPP be forwarded to the Region and Regional Municipality for support. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that a resolution be prepared requesting senior levels of Government to declare the Niagara Peninsula area as a designated depressed area in order to assist the existing alllug industries located in the Peninsula through special ~nanoial incentives. Carried Unanimously. See Resolution No. 18. -9- Special Mention Alderman Sherat discussed a television newscast regarding the special mention of the City of Windsor. Y~VCA Mardi Gras Alderman Fisher indicated that a Mardi Gras Banquet will be held on behalf of the YWCA, on Saturday, February 27, 1993 which will be celebrating 80 years of community service and invited everyone to attend. It was moved by Alderman Ward, seconded by Alderman Susin, that the meeting move to Committee of the Whole. Carried Unanimously. COMMITTEE OF THE WHOLE Committee Room #1 February 8, 1993 Council met on Monday, February 8, 1993 at 10:05 p.m. in Committee of the Whole. All members with the exception of Aldermen Hendershot, err and Puttick, were present. Alderman Susin presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open Council. READ AND ADOPTED, E. C. WAGG, CITY CLERK MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers February 8, 1993 Council reconvened in Council Chambers on February 8, 1993 at 10:20 p.m. for the purpose of considering the item presented in Committee of the Whole. All members of Council, with the exception of Aldermen Hendershot, err and Puttick, were present. His Worship Mayor Thomson presided as Chairman. The Heritage Front Niagara - Ontario Human Rights Commission ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the Solicitor be instructed to respond to the Human Rights Commission with regard to The Heritage Front Niagara and take all the necessary steps in that regard. Carried Unanimously, It was moved by Alderman Ward, seconded by Alderman Sherar, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, 'iiiX .............. MAYOR WAYNE THOMSON SPECIAL MEETING Council Chambers February 12, 1993 Council met on Friday, February 12, 1993 at 12:00 p.m. in a Special Meeting with the Ministry of Culture, Tourism and Recreation: Mrs. Shirley Coppen, Minister Without Portfolio, Ministry of Culture, Tourism and Recreation, Mrs. Margaret Harrington, MPP, Parliamentary Assistant, Ministry of Housing; Mr. Bruce Crichley, the Ministry of Culture, Tourism and Recreation; and Mr. John Iannoni, Ministry of Government Services. Aldermen Craitor, Hendershot, and Susin were present. His Worship Mayor Thomson presided as Chairman. His Worship Mayor Thomson introduced Mrs. Shirley Coppen, who announced that the Province was beginning the process of selecting a contractor to design and build the new government building that would house the Ontario Tourism and Recreation programs; that advertisements aimed at contractors wishing to be considered for six new government buildings to be constructed under the Ontario Government Relocation Program were being sent out on Monday, February 15, 1993. Mrs. Coppen advised that construction of the new building in Niagara Falls would involve 400 permanent provincial jobs being moved to Niagara Falls, with 850 one-year construction-related jobs being created; that local companies would be involved in the construction and the supply of materials and other elements that would go into the construction of the new building; and further indicated that not all the provincial employees involved in the transfer will move, which will give local citizens an opportunity to apply for some of the vacant positions. Mrs. Coppen discussed the use of a Design-Build method whereby selected contractors are also responsible for hiring architects to do the design, indicating construction could start as soon as August, 1993, with an expected completion date of August, 1995. Discussions concerning the historical value of the old bank building, where the firm of Matthews, Cameron, Cahill and Heywood Ltd. are situated, were held. Mrs. Coppen indicated that responses from interested builders would have to be received by the the Public Tenders office by Tuesday, March 9, 1993. His Worship Mayor Thomson expressed appreciation to Mrs. Coppen and to the Ministry of Tourism and Recreation for having the faith and confidence to build in Niagara Falls. It was moved by Alderman Craitor, seconded by Alderman Hendershot, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 February 15, 1993 Council met on Monday, February 15, 1993 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cowan, who was away due to illness, Aldermen Germano and Ward, who were away due to previous commitments, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, ............... MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers February 15, 1993 Council met on Monday, February 15, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business.. All members of Council, with the exception of Alderman Cowan, who was away due to illness, Aldermen Germano and Ward, who were away due to previous commitments, were present. His Worship Mayor Thomson presided as Chairman. Alderman Orr offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cummings indicated a pecuniary interest in Communication No. 48, because he is a member of the Association. Alderman Fisher indicated a pecuniary interest in Report No. F-93-10, Cheque No. 84297, because she is employed by Walco Developments. Alderman Craitor indicated a pecuniary interest in Report No. F-93-10, Cheque No. 84418, because his wit~ is employed by the Region. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Minutes of the Special Meeting of February 2, 1993 and the Minutes Regular Meeting of February 8, 1993 be adopted as printed. Carried Unanimously. ..,2 -2- -3 - pRESENTATIONS His Worship Mayor Thomson congratulated and presented Trilllure Awards to the following winners of the 1992 Christmas Lighting Contest; Residential - 1st Place - Steve & Theresa Margittay, were not in attendance; 2rid Place - David & Elizabeth Flynn; 3rd Place - Frank & Evelyn Handershot. Commercial - Oakes Inn - 1st Place - Nick Ricci, was not in attendance; 2nd Place - Eileen Tinio- Lumarque for Reese's Country Inn; and 3rd Place - Brace Vanderslys for Dobbie's Florist. Apartments - 1st Place Tie - Alphonse Labde for Victoria Park Towers; Michaline Jones for Imperial Towers. Institutes - Joseph Fontinn for Mount Carreel Spiritual Centre. Special Recognition - David Govan for the Downtown Board of Management; and Jerry Fletcher for Pine Tree Village. DEPUTATIONS I. Cuvce 1993 - A Celebratioh of Excellence in Ontario Winemaking Carol Marotta, Gray Gables School, provided a brief history of the School and as spokesperson, reviewed and provided information on the upcoming Cuvce 1993 Gala events being held March 5th to March 7th, 1993 which is a fundraising event sponsored by Gray Gables School. His Worship Mayor Thomson indicated he was encouraged that expansion of the event was being considered and thanked Ms. Marotta for her presentation. 2. Junior Social Planning Council of Niagara Falls Dave Pickett, Junior Social Planning Advisory Committee, introduced Stacy Smith, Chair, Junior Social Planning Council Chair, who provided information on the concerns of youth within the community, identified the main concern as being youth unemploymem and discussed the strategies and plans for action, through distribution of bookmarks; a clear ribbon campaign; learning job skills and life skills as a means of dealing with the issues of unemployment. Miss Smith requested that Council proclaim the week of May 10 to May 14, 1993 as "Youth Unemployment Awareness Week". Christie Kostaki, provided a brief overview of the Junior Social Planning Council and its involvement in the community. ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the week of May 10, 1993 to May 14, 1993 be proclaimed as "Youth Unemployment Awareness Week". Carried Unanimously. His Worship Mayor Thomson thanked the members of the Junior Social Planning Council for the presentation. 3. Economic Development Agency Mr. Charles Balties-Chataway provided an update on the Strategic Economic Development Platmine Session Report, and identified the five major topics of concern which included Tourism; Manufacturing Industry; New Business Opportunities; Government and Taxes; and Communication. Mr. Baltjes-Chataway requested that Council endorse the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the Strategic Economic Development Report be received and adopted. Carried Unanimously. Mr. Baltjes-Chataway introduced Mr. Gabe Mallouk, who provided a list of Proposed Economic Development Agency Board of Directors for the concurrence of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that Council approve the Appointment of the Proposed EDA Board of Directors. Carried Unanimously; COMMUNICATIONS Communication No. 45 - City of Peterborough, Office of the City Clerk - Re: Resolution. The communication requests Council support a resolution requesting the Solicitor General of Canada and the Attorney General of Ontario to give consideration to amending the Criminal Code to provide for the indefinite imprisonment of any person deemed to be a habitual violent sexual offender and sexual predator. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craltor, that the resolution be supported. Carried Unanimously. Communication No. 46 - The Corporation of the City of Burlington - Re: Resolution. The communication requests Council to petition the Province of Ontario to develop more realistic and achievable signal warrants for mid-block pedestrian signals and "half-signals", and well as giving consideration of mandatory drivers education and a graduated licensing system in Ontario. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the matter be referred to the Parking and Traffic Committee. Carried Unanimously. Communication No. 47 Ramada Coral Inn - Re: Falls Shuttle. The communication expresses concerns with respect to a communication from the Niagara Falls taxi owners on the impact of the Falls Shuttle and People Mover System on the taxi industry. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the 'communication be received and filed for the information of Council. Carried Unanimously. Communication No. 48 - Stamford Centre Volunteer Firemen's Association - Re: 42nd Stamford Centre Volunteer Firemen's Carnival. The communication requests Council permission to operate the carnival from June 16th to June 19th, 1993 inclusive; and to bring Canada's Magic Midway (formerly Joyes Amusements and Concessions) to provide rides for the carnival. ORDERED on th~ motion of Alderman Puttick, seconded by Alderman Hendershot, that the request be approved subject to es~blished policy. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded and with all others voting in fayour. Communication No. 49 - Regional Niagara, Office of the Clerk - Re: Resolution. The communication requests comments on a draft resolution with respect to solid waste management. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the request be referred to Municipal Works. Carried Unanimously. Communication No. 50 - Peter D.A. Warwick, Niagara Representative, Transport 2000 Ontario - Re: Loss of General Brock Train. The communication advises Council of the possible loss of the General Brock morning train run to Toronto and the evening run back. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the matter be referred to staff. Carried Unanimously. Communication No. 51 - Recycling Council of Ontario - Re: Outstanding 3Rs Initiatives in the Community. The communication requests submissions for nominations of businesses; organizations or individuals who have made significant advances in the areas of reduction, reuse, recycling or cornposting. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the matter be referred to the Waste Management Sub-Committee. Carried Unanimously. Communication No. 52 - Social Planning Council of Niagara Falls - Re: Council Representation on the Social Planning Council of Niagara Falls Board of Directors. The communication provides information regarding Council representation on the Board of Directors. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be r~ceived and filed for information of Council. Carried Unanimously. -4- Communication No. 53 - Social Planning Council of Niagara Falls - Re: 27th Annual Meeting. The communication provides information with respect to the 27th Annual Meeting entitled" Planning for a Healthy Community" being held on March 4, 1993. ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that the communication be received and filed for information of Council. Carried Unanimously. Communication No. 54 - Niagara South Board of Education - Re: Budget Development Process. The communication requests attendance at an upcoming Council meeting to provide information with respect to the Board's budget process. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the request be referred to staff. Carried Unanimously. REPORT_ _FS B-93-09 - Chief Administrative Officer - Re: The Building & Inspections Departtaunt Report for January, 1993. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and filed. Carried Unanimously. MW-93-32 - Municipal Works Committee - Re: Municipal Works Committee Report: Snow Clearing on City Roadways. The repor~ re, commends the following: 1. That City Council reaffirm the Policy of Snow Removal on City Roadways as per Policy Report Number 90, dated February 5, 1971; 2. That a Presentation on this matter be given by L. Oates, the Director of Municipal Works to be received and filed for the information of Council and the viewing public. The Director of Municipal Works provided a presentation on the City's Roadway Snow Clearing Operations and reviewed the following issues: Jurisdiction; Overview of Operations; Costs; Salting and Sanding - Where, Purpose and Why; Sand and Salt Mixture - Where, Purpose, Limitations, City's Aim; Plowing - First and Second Priorities; What Can the Public Do. The Director of Municipal Works indicated the City has not discontinued the Service of Winter Maintenance on sidewalks; responded to questions regarding the policy of snow removal at churches; schools; and the resodding of damaged lawns. ORDERED on the motion of Alderman gunvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, R~93-04 - Chief Administrative Officer - Re: Illuminated Marquee Sign for the Chippawn Willoughby Arena and Stamford/Jack Bell Arenas. The report recommends that Council approve the By-law appearing on tonight's agerids authorizing a lease agreement with Brookdin Bulletin Publishing Company Limited to provide an illuminated marquee sign at the Chippawn Willoughby Memorial Arena and the StamfordHack Bell Arenas at no cost to the City. ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the illumination of the Chippawn Willoughby Memorial Arena sign be set to coincide with dedication ceremonies of the arena by the Chippawn Heritage Group. Carried Unanimously. See By-law No. 93-44 R-93-0S - Chief Administrative Officer - Re: Sound System; Stamford Arena. The report recommends that appropriate funds ($15,1}00) be allocated in the 1994 Operating Budget at the Stanaford/Jack Bell Arenas for the supply and installation of a new public address system. ORDERliD on the motion of Alderman Craitor, seconded by Alderman Shetar, that the report be received and adopted, and that the matter be brought back in four to six months for reassessment. Carried Unanimously. -5 - PD-93-29 - Chief Administrative Officer ~ Re: CAPE Committee Meeting, Thursday, February 18, 1993 at 5:30 p.m., Committee Room #2, City Hail, Niagara Falls, Ontario. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. F-93-10 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $737,902.86 for the period ending February 15, 1993 be approved by the passing of the byqaw appearing later on the agenda. Additional information was provided on Cheque No. 84153; 84286; 84294; 84295; 84296; 84298; 84339. ORDERED on the motion of Alderman Susin, seconded by Alderman err, that Cheque No. 84338 be withheld until a report regarding mileage is brought back to Council. Carried Unanimously. ORDERED on the motion of Alderman Susin, seconded by Alderman Shetar, that Cheque No. 84372 be withheld for a further report. Carried Unanimously. Alderman Cummings requested that Cheque No. 84429 be withheld for a further report. ORDERED on the motion of Alderman Handershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Craitor and Fisher abstaining from the vote on conflicts of interest previously recorded and with all others voting in fuvour. See By-law No. 93-45 RATIFICATION OF FINANCE COMMITTEE MATTERS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following actions taken by the Finance Committee, earlier this evening, be approved. Adoption of February 1, 1993 Minutes; Representatives from Information Niagara and Niagara Volunteer Bureau in attendance; FC-93-09 - 1992 Reserves - that the suggested 1992 transfers to reserves be approved; FC-93-11 - 1993 Current Budget - that the 1993 current budget be appmved - Alderman err opposed to that portion of the Budget dealing with Tax Assistance to the Elderly; FC-93-10 - Payment of Arrears by Pro-Authorized Withdrawal - to approve the implementing of pro- authorized withdrawal for tax arrears; Conferences and Convention Expense Comparison - to receive and file the Conferences and Convention Expense Survey; and that Alderman Susin be authorized to attend the Good Roads Convention, in addition to Alderman Cowan; Niagara Women in Crisis - to receive and file the request from Niagara Women in Crisis for sponsorship of an ad publicizing their annual Book Riot; Ontario Society for the Prevention of Cruelty to Animals - to receive and file the request from the Ontario Society for the Prevention of Cruelty to Animals for a grant in the amount of $2,500. The motion Cl~rri~. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor that Mr. Jack Moore, Taxpayers Coalition be permitted to address Council. Carried Unanimously. Jack Moore, Taxpayers Coalition, congratulated the members of Council on a job well done, with respect to their consideration and concern in keeping municipal taxes down; and indicated the Governments need for restraint and expressed concerns regarding individuals who are on fixed incomes. His Worship Mayor Thomson indicated that the 1993 current budget reflected a decrease of 1 in the urban service area and a decrease of 6.7% in the General Area. CD-93.08 - Chief Administrative Officer - Re: Arts & Culture Commission Appointment. The report recommends that Council appoint Mary Barrants to fill the vacancy on the Arts and Culture Commission for the 1993-1994 term by the passage of the by-law appearing on this evening's agenda. ORDERED on the motion of Alderman err, seconded by Alderman Susin, that Mary Barranca be appoimed to fill the vacancy on the Arts and Culture Commission for the 1993-1994 term. CarriG Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that Report HR-93-08 - the Amended Collective Agreement between the Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and its Local 133 be approved. The motion Carried with Aidemen Cummings and err voting contrary to the motion; Aldermen Headershot and Janvary abstaining from the vote on conflicts of interest and with all others voting in fayour. ORDERED on the motion of Alderman Headershot, seconded by Alderman Susin, that the recommendations in Report MW-93-31 - Development Charges Study Review be received and adopted. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in fayour. BY-LAWS ORDERED on the motion of Alderman Shetar, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93.442 A by-law to amend By-law No. 93-02, being a by-law to provide for appointments to certain Boards, Commissions and Committees. A by-law to authorize the execution of a Subdivision Agreement with Niagara Gateland Development Ltd. and others respecting the Marisa Plan of Subdivision. 93-44 A by-law to authorize the execution of an agreement with The Brooklin Bulletin Publishing Company Limited respecting illuminated marquee boards at Stamford Memorial/Jack Bell Arenas and Chippawa Willoughby Memorial Arena. 93.4S A by-law to authorize the payment of $737,902.86 for General Purposes (February 15, 1993), 93.46 A by*law to authorize an agreement with Canadian Union of Public Employees and its Local 133. The motion G~rried with Aldermen Craitor and Fisher abstaining from the vo~e on By-law No. 93.445 on conflicts of interest previously recorded; Aldermen Cummings and err opposed to By-law No. 93-46; Aldermen Headershot and Janvary abstaining from the vote on By-law No.. 93.46 on conflicts of interest previously recorded and with all others voting in fayour, ORDERED on the motion of Alderman Shetar, seconded by Alderman Fisher, that the following by-laws be now tend a second and third time: 9342 A by-law to amend By-law No, 93432, being a by-law to provide for appointments to certain Boards, Commissions and Committees. 0007 -7 - 93-43 A by-law to authorize the execution of a Subdivision Agreement with Niagara Gateland Development Ltd. and others respecting the Marisa Plan of Subdivision. A by-law to authorize the execution of an agreement with The Brooklin Bulletin Publishing Company Limited respecting illuminated marquee boards at Stamford Memorial/Jack Bell Arenas and Chippawa Willoughby Memorial Arena. 93.45 A by-law to authorize the payment of $737,902.86 for General Purposes (February 15, 1993). 93-46 A by-law to authorize an agreement with Canadian Union of Public Employees and its Local 133. The motion Carried with Aldermen Craitor and Fisher abstaining from the vote on By-law No. 93-45 on conflicts of interest previously recorded; Aldermen Cummings and err opposed to By-law No. 93-46; Aldermen Hendershot and Janvary abstaining from the vote on By-law No. 93-46 on conflicts of interest previously recorded and with all others voting in fayour. NEW BUSINESS Tree Cutting Alderman Puttick discussed the cutting down of trees at the Carreel III Subdivision - Montrose and Thorold Stone Road and requested that the matter be referred to staff for further investigation. Royal Mint Gold Coins Alderman Putrick referred to the City providing $10,000 to promote a gold coin struck by the Royal Canadian Mint depicting Niagara Falls, and requested that a report be brought back to Council on the outcome. ORDERED' on the motion of Alderman Puttick, seconded by Alderman Susin that a report be brought back to Council. Carried Unanimously. Valentine Weekend Celebrations His Worship Mayor Thomson provided information on the Valentine's Weekend celebrations held on Saturday, February 13, 1993 and indicated that Niagara Falls had received positive publicity on the celebrations with a number of the tourist industry bene~tting from the event. Riverview Park Creative Playground Alderman Fisher referred to a letter from Margaret Matthews, who had written to the Parks and Recreation Department, on behalf of the Chippawn Slow Pitch League requesting approval for the construction of a creative playground at Riverview Park and indicated that the group was willing to accept full responsibility for construction of the project. Following some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Aldermsn Craitor that the matter be referred to staff. Carried Unanimously, Volleyball Tournament Alderman Fisher referred to her attendance, on behalf of the Mayor, at a Volleyball Tournament, held on February 12th and 13th, which had included 700 participants and had been a very enjoyable event. .8° Chamber of Commerce Alderman Craitor referred to concerns expressed regarding a recent advertisement in the Chamber of Commerce publication from Sam's Club, a U.S. based business and indicated it had been an announcement of a new member to the Chamber of Commerce. Alderman Craitor stated it was not unique to have U.S. based businesses on the Chamber of Commerce, that it was a free enterprise system and the Chamber would encourage Canadian businesses to be as aggressive in the United States- ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot. that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, ............ LE EIGHTH MEETING COMMITFEE OF THE WHOLE Committee Room #2 February 22, 1993 Council met on Monday, February 22, 1993 at 6:45 p.m. in Committee of the Whole. All members of Council with the exception of Aldermen Cowan and Susin, who were away at a Good Roads Conference; and Alderman Puttick, who was out of town, were present. His Worship Mayor Thomson presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, E; ......... MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers February 22, 1993 Council met on Monday, February 22, 1993 at 7:30 p .m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Aldermen Cowan and Susin, who were away at a Good Roads Conference; and Alderman Puttick, who was out of town, were present. His Worship Mayor Thomson presided as Chairman. Alderman Hendershot offered the Opening Prayer. ADOPTION OF MINUTES Aldermen Germano and Ward requested that it be recorded that they were in favour of the 1993 Current Budget. : ORDERED on the motion of Alderman Orr, seconded by Alderman Shetar, that the Minutes of the Special Meeting of February 12, 1993 and the Minutes Regular Meeting of February 15, 1993 be adopted : as printed. Carried Unanimously, DISCLOSURES OF PECUNIARY INTERESTS Alderman Craitor indicated a pecuniary interest on Report F-93-11, Cheque No. 84590, because his wife is employed by the Region. Alderman Cummings indicated a pecuniary interest on Report CD-93-10; CD-93-11; CD-93-12; and By-law No. 93-54 because he is involved with an organization that is operating hinges. Alderman Orr indicated a pecuniary interest on Report F-93-11, Cheque No. 84515, because of the close proximity to her home. -2- -3 - PRESENTATIONS Dorothy Van Slyke's retirement from the Niagara Falls Library His Worship Mayor Thomson provided a brief history of Dorothy Van Slyke's accomplishments, and indicated she has served on the Niagara Falls Library for forty-two years and has been Chief Librarian since November, 1972. Miss Van Slyke had served on the executives of many library associations and on library advisory committees of Niagara College and the Niagara Regional Library System~ she has made many contributions to the work of the City Historian and the Niagara Falls Heritage Foundation in the recording and publishing of the history of Niagara Falls. His Worship Mayor Thomson congratulated and presented tokens of appreciation, on behalf of Council and the citizens of Niagara Falls to Miss Van Slyke on her long and illustrious career in the service of her municipality, and requested that Council endorse a resolution wishing Miss Van Slyke cominued success in all the activities she chooses to engage in upon her retirement. See Resolution No. 19 DEPUTATIONS Council Chamber Decorum Mr. Gabe Mallouk discussed recent statements made by Alderman Norm Patrick regarding Mr. Mallouk's credibility and character and provided a letter from his Solicitor, Mr. Joseph R. Henderson from the firm of Chown, Cairns, requesting Alderman Patrick to deliver a complete retraction and apology for his remarks, and provide a press release to the Niagara Falls Review of the text of the retraction and apology immediately after it is delivered at Council. The correspondence further stated that if the matter is not settled on these terms within two weeks, court action would commence. Mr. Malloak also presented a petition requesting Council to take action, if possible, against Alderman PUttick. Alderman Margaret Garmano issued an apology to Mr. Gabe Mallouk on behalf of the members of Council. It was indicated by the City Solicitor this was a private matter between Mr. Mallouk and Alderman Patrick. ORDERED on the motion of Alderman Fisher, seconded by Alderman Handershot, that the communication from the firm of Chown, Cairns, and the Petition, be received and filed. Carried Unanimonsly. Prior to attending to further Council maRars, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the upcoming Council meeting of March 1, 1993 be cancelled. The motion r.~ with Alderman Craitor voting contrary to the motion and with all others voting in layout. COMMUNICATIONS Communication No. 55 - Niagara Falls Humane Society - Re: Exotic Animal By-law. The communication requests that Council consider developing and implementing an Exotic Animal By-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendot,hot, that the matter be referred to staff, and further that a copy of the communication be forwarded to Marineland and pet shops, Carried Unanimously. Communication No. 56 - The Ontario Traffic Conference - Re: Annual Conference. The communication requests the City of Niagara Falls indicate whether it wishes to host the 1995 or 1996 Convention through a resolution stating that the Region is willing to host the Convention and Annual Banquet, which could cost $8,000.00 to $10,000.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the matter be referred to staff and Director of Parks and Recreation, J. MacDonald. Carried .Unanimously. Communication No. 57 - Canadian Wildlife Federation - Re: Proclamation. The communication requests Council declare the week of April 4th to 10th, 1993 as "National Wildlife Week". ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the request be approved subject to established policy and further that the communication be referred to the School Boards. Carried Unanimously. Communication No. 58 - Regional Niagara, Planning and Development Department - Re: Report on Healthy Communities. The communication provides information on Healthy Communities: A Ne~v Approach to Health Promotion. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the communication be received and filed for information of Council. Carried Unanimously. Communication No. 59 - Kinsmen Club of Niagara Falls - Re: Sale of Fire works. The communication requests Council permission to sell Government approved family fire works in the parking lot of Dew Plaza, from May 19th through May 241h, 1993. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be approved subject to established policy. Carried Unanimously. Communication No. 60 - City of St. Catharines - Re: Waste Management Jurisdiction. The communication provides an endorsement to City Council's resolution respecting Waste Management Jurisdiction. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 61 - John P. Cahill, 4757 Fifth Avenue - Re: Widening of the Queen Elizabeth Way. The communication requests that Council encourage the M.T.O. to commence the project at Sand Plant Hill, due to the number of accidents which occur there. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the request be endorsed. Carried Unanimously, Communication No. 62 - Corporation of the City of Thorold - Re: Resolution. The communication provides information on the Social Planning and Research Council (SPARC) Proposal to the Government of Ontario to fund a pilot project in the Niagara Region to establish a "Business in the Community" program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the matter be referred to the Social Planning Council. Carried Unanimously. REPORTS. B-93-11 - Chief Administrative Officer - Re: Security Services - City Hall. The report recommends that the services of the Canadian Corps of Commissionaires (Hamilton) be engaged for the period of April 1, 1993 to March 31, 1994 for the provision of City Hall Security Services with 1-1/2% increase for administration, and no increase to employee wages. ORDERED on the motion of Alderman Hendot.hot, seconded by Alderman Shetar, that the report be received and adopted. The motion Carried with Alderman Cummings voting contrary to the motion and with all others voting in fayour. B-93-12 - Chief Administrative Officer - Re: Golden Honeymoon Memories; City Contribution of $10,000, The report recommends that the information contained in this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report he Tabled until Alderman Puttick's return. Carried Unanimously. -4- CD-93-09 - Chief Administrative Officer - Re: City of Niagara Falls Walkway 14; Green Boughs Road to Edenwood Court. The report recommends that Walkway 14 (Green Boughs Road to Edenwood Court) remain open. His Worship Mayor Thomson received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their namas and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson received a positive response to his request for comments from persons in support of the application, and a positive response from persons opposed to the application. Mr. Bruee Vandersluys, 7338 Green Boughs Road, expressed concerns with respect to noise from motorcycles using the walkway, garbage, vandalism, lack of maintenance and requested the Council consider closing the walkway bordering his property. Mr. Samuel Mannella, 7292 Edenwood Court, requested that the walkway remain open as it provides access to the public park and inter neighbourhood pedestrian traffic. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the matter be Tabled for a further report. Carried Unanimously. CD-93~10 - Chief Administrative Officer - Re: 'Eottery Totals for 1992. The report recommends that the contents of this report be received and filed for information purposes. ORDERED on the motion of Alderman Craltor, seconded by Alderman Germane, that the report be received and filed for information. The motion CaF. Ej.~ with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded and with all others voting in fayour. CD-93-11 - Chief Administrative Officer - Re: Gaming Services Act & Provincial Interim Terms and Conditions. The report recommends that the information in this report be received and filed for information purposes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Germane, that the report be received and filed for information. The motion ~ with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded and with all others voting in layout. CD-93-12 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls. The report recommends that Council adopt the revised municipal policy for Bingo Lottery Licensing, to be complied with in conjunction with new Provincial Terms and Conditions for Bingo Lottery Liceeces. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. The motion r~ with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded and with all others voting in favour. CD-93-13 - Chief Administrative Officer - Re: Break Open Ticket Liceaces (Municipal). The report recommends the following: 1. That Council cancel the six (6) month trial period for the sale of Break Open Tickets in Third Party Locations; 2. That Council adopt the revised municipal policy for Break Open Licensing, to be complied with in conjunction with new Provincial Terms and Conditions for Break Open Ticket Licences; 3. That Council raise the licensing fee to 1.5% of the value of the prizes; 4. That Council adopt the licensing by-law appearing on tonight'8 ageada. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carriej;[ with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded and with all others voting in favour. See By-law No. 93-54 -5- CD-93-14 - Chief Administrative Officer - Re: Break Open Ticket Licences (Provincial). The report recommends the following: 1. That Municipal approval for the sale of Provincially Licensed Break Open Tickets not be granted; 2. That the Ontario Head Injury Association be granted a Municipal Break Open Ticket Licenee for Third Party Sales, as allowed by the Provincial regulations, subject to an approved location and meeting of the municipal policy; 3. That those organizations licensed in circumstances of no municipal presence, be required to demonstrate a proven benefit to the residents of the City of Niagara Falls. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Craitor and Sherat voting contrary to the motion and with all others voting in favour. CD-93-15 - Chief Administrative Officer - Re: Proposed plan of Subdivision - Foster Subdivision; Owner: Estate of Matthew Foster St. The report recommends the following: 1. That the Foster Subdivision be approved subject to the conditions attached as Appendix II to this report; 2. That the Regional Municipality of Niagara and the applicant be so advised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed for information purposes. Carried Unanimously. MW-93-35 - Chief Administrative Officer - Re: Contract 92-101; Road Reconstruction on Ellen Avenue from Centre Street to Magdalen Street, and on Magdalen Street from Ellen Avenue to Lewis Avenue. The report recommends that the unit prices submitted by the low tendsrot, V. Gibbons Contracting Ltd. be accepted and the contract awarded to this Firm. ORDERED on the motion of Alderman Craitor, seconded by Alderman Garmano, that the report be received and adopted. Carried Unanimously. See By-law No. 93-51 See Resolution No.20 MW-93-36 - Municipal Parking and Traffic Committee - Re: Municipal Parking & Traffic Committee Recommendations ~ February 9, 1993. The report recommends the following: MW-93-19 - St. John St. at John Marshall School - That a five-minute passenger loading and unloading zone be established from the east limit of John Marshall School property to St. Peter Street. MW-93-20 - Heximer St. & Dunn St. Parking Restrictions - a) That A "No parking Anytime" prohibition be implemented on the east side of Heximer Street from the corner of Dunn Street to a point 120 meters south; b) That a "No Parking Anytime" prohibition be implemented on the west side of Heximer Street from the corner of Dunn Street to a point 75 meters south. MW-93-21 - Harvard St. at MeGill St, - That an all-way stop control be installed at the intersection of Harvard Street and MeGill Street on a trial basis for one year. MW-9-22 - Barker St, Parking Restrictions - a) That Traffic By-law 89-2000 be amended to reflect existing field conditions with respect to i) The "No Parking Anytime" prohibition on the north side of Barker Street from the Battlefield School east property line to Main Street (150m); it) The "No Parking Anytime" prohibition on the south side of Barker Street from Main Street to Drummond Road. b) That a "No Stopping From 8:00 a.m. to 4:30 p.m., Men. - Fri." prohibition be implemented on the south side of Barker Street, opposite Battlefield School, for the length of the school property; c) That a "No Parking Anytirae' 20m corner restriction be implemented on the northeast corner of Barker Street and Drummond Road; d) That the Commissionaires carry out strict and regular enforcement of the "No Stopping, 8:00 a.m. to 4:00 p.m., Mon.-Fri. prohibition adjacent to Battlefield School. -6- MW-93-23 - StamfordlJack Bell Arena - a) That "Pedestrian Crossing" advance signs be installed near the cr. ossw.alk on Frederica Street in the eastbound and westbound direction; b) "Arena Entrance - 100m" warning s~gns be installed in advance of Stamford/Jack Bell Arena for eastbound and westbound motorists; c) That staff investigate some long term solutions to the arena parking problem. M'vV-93-28 - Cropp St. at University Avenue - That a stop sign be installed for northbound motorists on University Avenue. B-93-10 - Commissionaires Contract 1992/1993 - That the services of the Canadian Corps of Commissionaires (Hamilton) be engaged for the period of April 1, 1993 to March 31, 1994 for by-law enforcement purposes with 1-1/2% increase for administration, and no increase to employee wages. ORDERED on the motion of Alderman Fisher, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Alderman Cummings voting contrary to Report B-93-10 and with all others voting in fayour. MW-93-37 - Chief Administrative Officer - Re: Surplus Regional Property on Morrison Street between Dorchester Road and C.N.R. The report recommends that Council approve the By-law with respect to land transfer arrangements between the Region, the City, and 488745 Ontario Limited c/o Mr. J. Cuviello. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. Ratification of Municipal Works Committee Actions ORDERED on the motion of Alderman Henderehot, seconded by Alderman Janvary, that the following actions taken by the Municipal Works Committee, earlier this evening, be approved. Minutes of the February 8, 1993 Municipal Works Committee Meeting; Report MW-93-38 - Patrick Cain's Request - Relief Tipping Fees - that Mr. Cain's request for reliefoftiPPingfces intheamountof$600.oobegranted. AldermenSherar, Orr and Ward, opposed to the motion; Report MV,'~93-30 - Request for Services for Household Hazardous Waste Days - that proposals be invited from Laidlaw Environmental Services Ltd., Weedington Systems inc., Hotz Environmental Services and any other interested party for Household Hazardous Waste Disposal Services and that Proposals be requested for two Household Hazardous Collection Days to be held at a property arranged by the Contractor as well as two collections of waste generated by City operations. Alderman Cummings opposed to the two Household Waste Days instead of having just one Household Hazardous Waste Day; Report MW-93-34 - City Float - that staff be authorized to construct a new City Float in time for the 1993 Blossom Parade; Report MW-93-41 - 1992 Transportation Safety Awards - 1) That drivers who have completed ten or more years of accident-free driving be authorized to attend the Transportation Safety Association Banquet on Saturday, March 27, 1993 at a cost of $17.00 (including G.S.T.) per ticket; and 2) that awards be presented to 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. Report R-93-02 - Renaming of City Parks (J.N. Allan and Baden Pewell) - that Baden Pewell Park be renamed I.N. Allan park, and that Grassy Brook Park be renamed Baden Pewell "Grassy Brook" Park and that the Recreation Commission recommends to Council that the f~nds collected through the sale of the original J.N. Allan Park be utilized towards the financing of the 10-Year Development Program, less the cost to enhance the new J.N. Allan Park. -7 - Report R-93-03 - Park Development Program - that the Ten-Year Park Development Program be approved in principle (Table A); and that funds be allocated from the Park Development Accounts to complete the 1993 Park Development Projects as indicated on Table B. The motion Carried with Alderman Ward voting contrary to Report MW-93-38; Alderman Cummings voting contrary to Report MW-93-30 and with all others voting in favour. R-93-06 - Chief Administrative Officer - Re: Financing the Development of Parkland. The report recommends that the information contained in this report be reviewed and received by Council for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. R-93-07 - Chief Administrative Officer - Re: Staff Attendance at Festivals of Ontario Conference. The report recommends that Council authorize the attendance of one Parks and Recreation Department staff person at the Festivals Ontario Conference, in St. Catharines. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. PD-93-25 - Chief Administrative Officer - Re: Repeating of City of Niagara Falls By-laws 91-34; 91- 35; 92-168 and 92-167; Q.E.W. Mount Properties, Mountain and Mewburn Roads. The report recommends the following: I. That Council approve of the By-law, repealing By-laws 91-34; 91-35; 92-168 and 92-167; in respect to the property located on the southwest corner of Mountain Road and Mewburn Road; 2. That the Clerk so inform the Ontario Municipal Board of the repeal so they may close their Files R910182; R920231 and R920467. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted.. Carried Unanimously. See By-law No. 9348 PD-93-30 ~ Chief Administrative Officer - Re: AM43/89, Restricted Area By-law 92-136; Lots 85, 86 and 87, Plan 285; Southwest Corner of Jepson Street. The report recommends that Council pass an amending by-law to By-law 92-136 respecting the above-noted property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. See By-law No. 9349 PD-93-31 - Chief Administrative Officer - Re: Licensing of Rooming, Boarding & Lodging Houses. The report recommends that a working committee be established with representatives from the Regional Health Services Department, the City's Social Planning Council, and the City's Planning, Building and Inspections, Fire, and Clerks Departments to prepare appropriate licensing provisions for rooming, boarding and lodging houses. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. F-93-11 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $407,421.03 for the period ending February 22, 1993, be approved by the passing of the by-law appearing later on the uganda. Additional information was provided on Cheque Nos. 84547; 84602. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Craitor and err abstaining from the vote on a conflict of interest previously recorded and with all others voting in layout. See By-I~w No. 93-55 ...8 -8- Ratification of Committee of the Whole Actions ORDERED on the motion of Alderman Rendershot, seconded by Alderman Craitor, that the following action taken by Committee of the Whole, earlier this evening, be approved. - That Council re-instate the 1995 Ontario Winter Games. Carried Unanimously. RESOLUTIONS NO. 19 - HENDERSHOT. JANVARy - WHEREAS Miss Dorothy Van Slyke has served the Niagara Falls Library for forty-two years; since November 1972, she has served as Chief Librarian; WHEREAS her contributions w the planning of the Victoria Avenue Library, the renovations of the Chippawa and Stamford Centre Branch Libraries and her leadership in developing many library programs, services and publications have been highly appreciated; WHEREAS she has served on the executives of many library associations and on library advisory committees of Niagara College and the Niagara Regional Library System and with many community organizations in Niagara Falls; WHEREAS she has made many contributions to the work of the City Historian and the Niagara Falls Heritage Foundation in the recording and publishing of the history of the City of Niagara Falls, the Niagara River and the Niagara Area; WHEREAS Miss Van Slyke is retiring effective February 281h, 1993; NOW THEREFORE BE IT RESOLVED and it is hereby resolved that the Council of the City of Niagara Falls on its own behalf and on behalf of the citizens of Niagara Falls congratulates Miss Dorothy Van Slyke on her long and illustrious career in the service of her community; AND FURTHER wishas her continued success in all the activities she chooses to engage in upon her retirement; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 20 - CRAITOR - GERMANe. RESOLVED that the unit prices submitted by the low tandeter, V. Gibbons Contracting Ltd., for Contract 92-101, Road Reconstruction on Ellen Avenue, from Centre Street to Magdalen Street and on Magdalen Street from Ellen Avenue to Lewis Avenue, at the low tendered mount of $823,877.93 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, NO. 21 - [lENDERSHOT. CRAITOR - RESOLVED that the Council of the Corporation of the City of Niagara Falls wishes to re-instate their bid for the 1995 Ontario Winter Games; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 22 - CUMMINGS . FISHER - RESOLVED that a message of condolence be forwarded to the family of the late Earl W. 1ohnson, a well respected resident of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimous~. NO. 23 - HENDERSHOT. CUMMINGS. BE IT RESOLVED that a letter of congratulations be forwarded to Nancy Gee, on her recent third place win in the Woman's Giant 31alom at the Canadian Ski Nationals. AND the Seal of the Corporation be hereto affixed. · Carried Unanimously. NO. 24 - CUMMINGS. HENDERSHOT. BE 1T RESOLVED that letters of congratulations be forwarded to Phil noyer; Jason Vormattag and Shane Newson, members of the Canadian Junior Softball team, who won tho World Under-19 Junior Softball championships. AND the Seal of the Corporation be hereto affixed. ' Carried Unanimously. I,o9 -9- BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 9347 A by-law to authorize the acceptance of a transfer of Land from The Regional Municipality of Niagara and the conveyance of the said land to 488745 Ontario Limited. 93-48 A by-law to repeal By-law Nos. 91-34; 91-35; and 93-168; being by-laws to mend By- law No. 79-200, as mended and By-law No. 92-167, being a by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls PIning Area. 9349 A by-law to mend By-law No. 92-136, being a by-law to mend By-law No. 79-200, as mended. 93-50 A by-law to authorize the execution of an agreement with Canadian Corps of Commissionaires (Hamilton). 93-51 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. for road reconstruction on Ellen Avenue and Magdalen Street. 93-52 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads (Stop Signs). 93-53 A by-law to mend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads (Parking). 93 -54 A by-law to amend By-law No. 86-215, as amended, being a by-law to provide for the licensing of Charitable or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries or Lottery Schemes held at Bazaars within the City of Niagara Falls. 93-55 A by-law to authorize monies for General Purposes (February 22, 1993). The motion Carried with Aldermen Craitor and err, abstaining from the vote on By-law No. 93-55, on conflicts.of interest previously recorded; Alderman Cummings voting contrary to By-law No. 93-50; and abstaining from the vote on By-law No. 93-54 on a conflict of interest previously recorded and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 9347 A by-law to authorize the acceptance of a transfer of Land from The Regional Municipality of Niagara and the conveyance of the said land to 488745 Ontario Limited. 9348 A by-law to repe~ By-law Nos. 91-34; 91-35; and 93-168; being by-laws to amend By- law No. 79-200, as amended and By-law No. 92-167, being a by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. 9349 A by-law to amend By-law No. 92-136, being a by-law to amend By-law No, 79-200, as mended. 93-50 93-51 A by-law to authorize the execution of an agreement with Canadian Corps of Commissionaires (Hamilton). A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. for road reconstruction on Ellen Avenue and Magdalen Street. 93-52 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads (Stop Signs). - 10 - 93-S3 A by-law to amend By4aw No. 89-2000, being a by-law to regulate parking & traffic on City Roads (Parking). 93-54 93-55 A by-law to amend By-law No. 86-215, as amended, being a by-law to provide for the licensing of Charitable or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries or Lottery Schemes held at Bazaars within the City of Niagara Falls. A by-law to authorize monies for General Purposes (February 22, 1993). The motion Carri~ with Aldermen Craitor and Orr, abstaining from the vote on By-law No. 93-55 on conflicts of interest previously recorded; Alderman Cummings voting contrary to By-law No. 93-50; and abstaining from the vote on By-law No. 93-54 on a conflict of interest previously recorded and with all others voting in favour. NEW BUSINESS Letter of Condolence ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late Earl W. Johnson a well respected resident of the community. Carried Unanimously. * ' Letten of Congratulations ORDERED on the motion of Alderman Hendarsbot, seconded by Alderman Cummings, that a leuer of congratulations be forwarded to Nancy Gee, on her recent win in the Woman's Giant Slalom at the Canadian Ski Nationals. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that letters of congratulations be forwarded to Phil Boyer; Jason Vormattag and Sbane Newson, members of the Canadian Junior Softball team, who won the World Under-19 Junior ,~ofthall championship..~ Unanimonsly. Walkway Procedures ' Alderman Shetar requested information regarding the procedure of walkways; and he was assured that the normal procedure was being followed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 March 8, 1993 Council met on Monday, March 8, 1993 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cummings, who was away due to illness, were present. Mayor Thomson presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, Z ...... MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers March 8, 1993 Council met on Monday, March 8, 1993 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, with the exception of Alderman Cummings, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Germane offered the Opening Prayer. Niagara Falls Women's Institute His Worship Mayor Thomson welcomed the Niagara Falls Women's Institute who were in attendance to observe a council meeting in session. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cowan indicated a pecuniary interest on Report F-93-12, Cheque No. 847 13, because the recipient is his employer. Alderman Susin indicated a pecuniary interest on Report F-93-11, dated February 22, 1993, Cheque Nos. 84475; 84476; 84477, Good Roads Conference; Report Nos. C-93-02 and S-93-08, because he owns property in the area; By-law No. 93-66; and By-law Nos. 93-56; 93-57; 93-58, which is an ongoing Morrison Street conflict. Alderman Craitor indicated a pecuniary interest on Report F-93-12, Cheque Nos. 84720 and 84780, because his wife is employed by the Region; Cheque No. 84761, because he is on the Board of Directors. Alderman Orr indicated a pecuniary interest on Report F-93-12, Cheque No. 84927, because of the close proximity to her residence. Alderman Sherar indicated a pecuniary interest on Report F-93-12, Cheque No. 84836, because he is employed by the company. ...2 -2 - -3- PRESENTATIONS Alderman Shirley Fisher, on behalf of the Chippawa Committee, presented His Worship Mayor Thomson with a picture of the last Councillors who were in attendance at the Town Hall during the recent rededication ceremonies of the Chippawa Town Hall. Mayor Thomson thanked Alderman Fisher on behalf of members of Council, and commended her for the efforts put forth into the event. Alderman Shirley Fisher presented a plaque to Mayor Thomson, on behalf of St. John Ambulance .in appreciation of all the support provided to the organization. Mayor Thomson thanked St. John Ambulance on behalf of the City Council and the citizens of Niagara Falts. DEPUTATIONS His Worship Mayor Thomson introduced Dorothy/Abbey, President, Chamber of Commerce, who expressed congratulations to the Mayor and members of Council on the City's efforts for avoiding increasing taxes this year. Miss Abbey indicated that both business and the public sector must practice restraint in managing their finances and resources and be more cost efficient in order to compete in the World economy. Miss Abbey stated that the Chamber of Commerce applauded Council and staff in their efforts to be more cost efficient. Prior to deriding with Planning Matters, Mr. Gabe Mallouk was granted permission to address Council on the motion of Alderman Ward, seconded by Alderman Craitor. Mr. Mallouk referred to his correspondence of March 8, 1993 respecting comments made by Alderman Norm Puttick during the City Council meeting of February 15, 1993, and indicated his acceptance of Alderman Puttick's letter, dated March 2, 1993 as his apology for the inappropriate remarks made. Alderman Puttick stated that as Council representative on the Economic Development Agency, he wished to work with the EDA and strive to bring some industry to the City. Duo to an emergency situation. the Director of Planning and Development was called away and Mayor Thomson requested that Regular Council Matters be brought forward and dealt with. REGULAR COUNCIL MEETING ADOPT/ON OF MINUTES Alderman err indicated she wished to detach herself from the motion made by Alderman Germane in issuing an apology on behalf of Council for statements made by Alderman Puttick. Alderman err indicated "as not having the right to apologize for any action of any Alderman nor should Council think of entertaining a resolution which would censor a public official; to censor him would censor the people who have voted for him". Alderman Hendershot requested that the Minutes, under New Business, indicate "that letters of congratulations be forwarded to Nancy Gee, on her re~ent win in the Women's Giant Slalom at the Canadian Ski Nationals". ORDERED on the motion of Alderman Cruller, seconded by Alderman Hendershot, that the Minutes of the Regular Council Meeting of February 22, 1993 be adopted as amended. ~ Unanimously. DEPUTATIONS Promenade For The Arts Mr. David Watts, Chairperson of the Arts & Culture Commission, provided a brief history of the Arts & Culture Commission; discussed the upcoming Promenade For The Arts event; thanked Aldermen Hendershot and Shetar and Mr. Tom Dalby for their ideas and assistance and requested Council consider endorsement of the event and the continued support of the Parks and Recreation staff to carry out this major event. Mr. Watts introduced Maureen McRae and Laura Moffat, Co- Chairpersons of the Promenade For The Arts, who discussed the purpose and goals of the Promenade for the Arts event, which is to be held on September 17, 18 and 19, 1993; the organizational structure and the role of Canada Post. Ms. Moffat announced that a formal press conference would be held on April 5, 1993 to discuss the event. Mr. Tom Dalby, Manager, Media and Community Relations, Canada Post, outlined the concept of the Promenade of the Am event; indicated it was a vehicle to promote good will and the arts in the community; discussed Canada's Pest's participation and contribution to the event. Mr. Dalby requested Council's official endorsement and support of the event, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that Council support and endorse the Promenade for the Am event. Carried Unanimously. REPORTS - PLANNING MATrERS PD-93-35 - Chid Administrative Officer - Re: Zoning By-law Amendment, AM-35/92; 581608 Ontario Limited, 4816 Bridge Street. The report recommends that any and all conunenta received at tonight's public hearing he considered in weighing the merits of Zoning Amendment Application AM-35/92 together with the land use of planning matters addressed in this report. -AND- Communication No. 63 - Regional Niagara, Planning & Development Department. The communication advises having no comments on the application to allow the establishment of adult entertainment within an existing tavern. Communication No. 64 - Regional Public Works Department. The communication advises as having no objections to the zoning remaining General Commercial (GC) with a site specific provision added to permit an adult entertainment purlour as a permitted use on the property. Communication No. 65 - Mr. Vince Catone, 4926 Bridge Street. The communication expresses concerns regarding degrading property values and requests Council to make a wise decision. Communication No. 66 ~ Rev. Bartholomew Larkin and Rev. Benedict Hogan, St. Patrick's Church. The communication expresses the strongest possible opposition W amending the zoning by-law for the Cavefly Hotel. Communication No. 67 - Sister Carmen Diston, St. Patrlck's Church. The communication expressed strong concerns regarding the proposed licensing of the Caverly Hotel as an adult entertainment patient. Communication No. 68 - Erin Locoeo, St. Patriek's School. The communication advises opposition to the licensing of the Cavefly Hotel as an Adult Entertainment Parlout. Communication No. 69 - The St. Patrlck's Catholic Women's League. The conununication expresses strong opposition to the licensing of the Cavedy Hotel for adult entertainment. Communication No. 70 - Robert F. Smith, Crawford Smith & Swallow, The communication expresses objections to the proposed changes in the City Zoning By-law due to the negative effect on the church and school located with a block of the hotel. ...4 -4- His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Director of Planning and Development read the Affidavit of the Clerk advising that the Notices of the Public Meeting had been forwarded, by mail to all persons assessed as of land within 120 meters of the subject lands on February 5, 1993. His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-16; Planning Review; Regulations in Other Municipalities; Physical Assessment; Nature of the Zone Change; and Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. Joe Ford, 4552 Victoria Avenue, expressed concerns regarding the prostitution problems in the area, the decreasing tourism industry; indicated such a facility would push local business away; that it would be a deterrent to businesses coming to the area. Mr. Ford provided a 52-page petition, headed by E. Beaudoin, 4920 Maple St. opposing the application of permitting the Cavefly Hotel to have Adult Entertainment. Father Ben Hogan, assistant pastor, St. Patrick's Church, expressed shock and strong opposition to the proposed zoning by-law amendment; referred to Ministry of Tourism move as one of hope for downtown businesses; expressed concerns for the senior citizens and young families living in the area and requested that Council vote against the application. Andy Henderson, 4759 Queen Street, expressed opposition to the proposed application and provided a letter from Mr. Robert F. Smith, Crawford, Smith and Swallow opposing the proposed change in the City Zoning By-law because of the negative effect on the church and school located within a block of this hotel. An Agent from Royal LaPage indicated such a facility would deter prospective home purchasers from buying in the area and that the neighbourhood would become run-down if the proposed application was permitted. FAIn Loeoco, President, St. Patriek's Parent, Teachers Association, expressed concerns regarding the moral and physical safety of the elementary students attending St. Patrick's School. Catherine Dunn, 4549 First Avenue, expressed concerns regarding school children attending nearby schools having to pass by such an establishment; increased traffic in the area; and indicated that parents must put a stop to sexual permissiveness in our society by not allowing such a facility in the area. Concerns were expressed regarding littering; safety and health hazards of the children in the area. Brlan Sinclair, Sinclair, Crowe, indicated the applicants were prepared to enter into a new site plan agreement to operate for one year on a trial basis; to close off the entrance to First Avenue, ingress and egress to protect the residents in the area; indicated there seemed to be a demand for this type of entertainment and provided a petition in support of the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-35/92 closed. -5- The Chief Administrative Officer referred to licensing by-law regarding adult entertainments and stated that the licensing by-law, passed under the provisions of the Municipal Act, sets aside certain areas in the city to permit adult entertainment. The Solicitor indicated that a draft by-law was being prepared, to further licenee and provide control whereby the owners/operators would be required to obtain a licenee with photo identification; and stated this would apply to any legally owned adult entertainment purlour in Niagara Falls. ORDERED on the motion of Alderman Germane, seconded by Alderman err, that the staff recommendations be supported. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in layout. ORDERED on the motion of Alderman Germane, seconded by Alderman err, that the communications be received and filed. Carried Unanimously. PD-93-33 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM-3/93, Niagara River Construction Ltd., 4781 Portage Road. The report recommends the following: 1. That Council support the application to amend the City's Zoning Bydaw to permit the development era mixed use building providing commercial space on the ground floor and two apartments on the second floor; 2. That the amending bydaw reflect the development as proposed including landscaping; 3. That the applicant be required to pay applicable Development Charges; 4. That the lands be made subject to Site Plan Control to ensure the site is developed in a sensitive manner. -AND- . Communication No. 71 - Regional Niagara, Planning & Development Department. The communication advises having no objections to the approval of the application. Communication No. 72 - Regional Public Works Department. The communication advises as having no objections to the zoning amendment from Residential IC Density (R1C) to Neighbourhood Commercial (NC); and advises concurrence with the access being limited to Portage Road, but that additional information is required with regard to site servicing. 'Communication No. 73 - Dr. Howard MeGarty and Mrs. Beryl McGarry. The communication expresses a negative position to the rezoning application. The Director of Planning and Development read the Affidavit of the Clerk advising that the Notices of the Public Meeting had been forwarded, by mail to all persons assessed as of land within 120 meters of the subject lands on February 5, 1993. . His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-27; Planning Review; Style of Development; Official Plan; Nature of the Zone Change; Site Plan Control; and Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. -6- ~7 ~ Dr. Howard MeGarty, 4819 Portage Road, indicated the subject property is on a very busy intersection and the rezoning would add to an already existing problem. Dr. MeGarty requested that consideration be given to the following concerns: 1) Commercial uses should be restricted to offices, which would eliminate the problem of the property becoming a hangout for undesirables; 2) Parking and entrance to be restricted to Portage Road across from the existing Credit Union, which would minimize the congestion in the intersection by funnelling the traffic to the site via the lights on Portage Road; 3) Garbage enclosure to be restricted to the area between the building and the HEPC lands; and 4) That a larger than normal green buffer be established between Morrison Street and the proposed building. Dr. MeGarty r~uested that he be included in the site plan process. Mr. Dante Marineill, Solicitor, responded to Dr. McGarry's concerns by stating that parking, garbage enclosures and buffering had been addressed in the site plan; and indicated that Dr. McGarry would be welcome in the site plan process. Mr. Marineill referred to commercial uses of the property and stated the applicant hoped to establish a bake shop, or a delicatessen to be used during normal business hours and there was no intent to establish a variety or convenience store. Mr. Paul Lemire, 4857 Amelia Crescent, enquired whether an operation other than a permitted use could be allowed. The Director of Planning and Development responded to Mr. Lemiro's enquiry by referring to 11 permitted uses in the Neighbourhood Commercial Zone. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-3/93 closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the report be received and adopted and further that Dr. Howard MeGarty be included in the site plan agreement process. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the communications be received and filed. Carried Unanimously. UNFINISHED BUSINESS B-93-12 - Chief Administrati~,e Officer - Re: Golden Honeymoon Memories; City Contribution of $10,000. The report recommends that the information contained in this report be received and filed. Mr. Gabe Malfuuk was granted permission to address Council on the motion of Alderman Hendarshot, seconded by Alderman Craitor. Mr, Mallouk provided information on the (3olden Honeymoon Memories marketing strategies and referred to the promotional material used; discussed the new $200 gold collector coin, depicting Niagara Falls and the City's contribution of $10,000.00 and provided a 10-minute video on the media coverage for the Golden Honeymoon Memories event. ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherat, that the report be received and filed. Carried UnanimouSly. ORDERED on the motion of Alderman Hendecshot, seconded by Alderman Sherar, that a resolution be passed on behalf of the City Council of Niagara Falls, expressing appreciation to Mr. John Van Kooten of the Niagara Falls Review and Mr. (3abe Mallouk for the promotion of the Golden Honeymoon Memories contest and the City of Niagara Falls. Carried Unanimously. See Resolution 'No. 34 MISCELLANEOUS PLANNING MATTERS 1. That Council endorse the report together with the resolution appearing on tonight's agenda and forward the comments to the Honourable Evelyn Gigantes, Minister of Housing and Margaret Hartin&ton, Parliamentary Assistant. 2. That copies of this report be circulated to the Region of Niagara and local area municipalities for information purposes. -AND- Communication No. 74 - Kurt Klein, Julius Klein Construction Ltd. The communication expresses concerns regarding the impact of the current Provincial Social Housing Program and Remal Housing Vacancy Rates. His Worship Mayor Thomson introduced Mr. Kurt Klein, Julius Klein Construction Ltd., Klein Developments Limited, who indicated he was representing some rental property owners and discussed concerns regarding the increased supply of social housing units in Niagara Falls, and the subsequem increase in the rental vacancy rate. Mr. Klein expressed opposition to the continued construction of publicly funded housing units when there was an oversupply of rental units on the market; and indicated any additional social housing units would result in further increases to the vacancy rate and seriously impair the ability of rental property owners to meet their financial commitments including payment of their property taxes. Mr. Klein, thanked City staff, on behalf of the rental property owners, for the work they have done and thanked Council for the opportunity to voice their concerns on this important issue. Tanya Buckway, Housing CoOrdinator, Project SHARE, indicated Project SHARE services residents of Niagara Falls who live below the proverty line; that studies show that 20% are college and university graduates living below the poverty line; that 96% of consumers live in market rent units and most homeless have no income. Ms. Buckway stated that truly affordable, adequate housing cominues to be a struggle as most units are too expensive; and indicated there are other factors for the high vacancy rate and these must be addressed. Mr. PinCue, expressed concerns regarding further construction of publicly funded housing units and indicated that any project has to be looked into before being approved. The following mauers were discussed: government subsidies rather than building new units; utilization of units presently on the market; a need and demand study; utilizing a central registry to determine the need for subsidized housing. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD-93-22 - Chief Administrative Officer - Re: Regional Plan Amendment 50, Proposed Golf Course, Jim Maraschiello; Green World Enterprises Ltd. The report recommends the following: 1. ThattheRegi~n~fNiagarabeadvisedtheCity~fNiagaraFa~~ssupp~rtsRegi~nalP~anAmendmem No. 50 in principle; 2. That the applicant complete any necessary studies required by the Ministry of Natural Resources as part of the zoning amendment process; 3. That a copy of this report be sent to the regional Municipality of Niagara, Ministry of Agriculture and Food, Ministry of Natural Resources, Niagara Peninsula Conservation Authority, Ministry of the Environment and Regional Niagara Health Services Department for their information. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. PD-93-32 - Chief Administrative Officer - Re: Comments on the Drag Report on Planning and Development Reform in Ontario - Sewell Commission. The report recommends the following: I. That Council accept the recommendations in this Report as comment on the Draft Report of the ' ~ Commission on Planning and Development Reform in Ontario; 2. Thatac~py~fthisRep~rtbecircu~atedt~the~ewe~~C~mmissi~nf~rtheirreviewandc~nsiderati~n~ ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be Tabled for further consideration. Carried Unanimously. -8- PD-93-34 - Chief Administrative Officer ~ Re: Investigation of Tree Cutting along the W-5-2 WatercourseEastofMontroseRoad, North ofThorold Stone Road. The report recommends that Council receive and file this report. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD-93-36 - Chief Administrative Officer - Re: Comments on a Ministry of Natural Resources Discussion Paper - "Improving Planning for Ontario's Natural Resources". The report recommends the following: 1. That Council receive and file this report; 2. That a copy of this report be sent to the Ministry of Natural Resources for their consideration. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously, COMMUNICATIONS Communication No. 75 - The City of Stoney Creek - Re: Resolution. The communication requests Council support a resolution urging Ontario tlydro to review their current budget in light of the large increase expected to be passed on to hydro users and joining Ontario municipalities and agencies in recognizing the burden placed on Ontario consumers and taxpayers by substantial rate and tax increases on the present economy. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher that the resolution be supported. Carried Unanimously. Communication No. 76a) - Jim Bradley, M.P.P., St. Catharines. Re: Resolution, white supremacists in Niagara Falls. The communication commends members of Council for their initiative through Resolution No. 93-11, condemning groups or individuals seeking to to assert the supremacy of one race or group over another. promote racial hatred or aUempting Communication No. 76b) - Town of Fort Erie - Re: Resolution, white supremacists. The communication provides support of Council's resolution No. 93-11, condemning racial hatred. Communication No. 76e) - Gilbert A. Parent, bl.p., Welland-St. Catharines-Thorold . Re: Resolution, white supremacists. The communication acknowledges Council's resolution No. 93-11, condemning the promotion of racial hatred. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that Communications 76a) through 76e) be received and filed for the information of Council Carried Unanlmoualy, Communication No. 77 - The Consulting Engineers of Ontario and the Association of Professional Engineers of Ontario - Re: Proclamation. The communication requests Council proclaim the week of March 7, 1993 to March 14, 1993 as "Engineering Week". ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the request be supported subject to established policy..Carried Unanimolaslh Communicatinn No. 78 - City of Niagara Fails Board of Museums. Re: Multi-Use Cultural Centre. The communication requests permission to Participate and provide input into a feasibility study involving the creation of a multi-use cultural/convention centre. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that Ms. April Pettie, City of Niagara Falls Board of Museums, be permitted to participate in a feasibility study involving the development of a multi-use cultural/conveution centre. Carried Unanimousl3~ Communication No. 79 - Niagara Promotion Association. Re: 1993 Blossom Festival Parade. communication requests permission to hold the 1993 Blossom Festival parade on Saturday May 8th, 199Th~ that .is "or.h.p kayor mnson be "onourary B,e. som Festival ORDERED on the motion of Alderman Janvary, seconded by Alderman Germane, be received and adopted aubject to established policy. Carried Unanimously. that the requests .409 -9- Communication No. 80 - Unsigned Letter Delivered to City Hall - Re: Tuition Privileges. The communication expresses concerns regarding free tuition privileges being applied to anyone who is employed by an Ontario University. ORDERED on the motion of Alderman Heudershot, seconded by Alderman Puttick, that all unsigned letters be received and fled. The motion was Defeated with the following vote: AYE: Aldermen Hendershot and Puttick. NAYE: Aldermen Cowan, Craitor, Fisher, Germane, Janvary, err, Shetar, Susin and Ward. Following some discussion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the letter be referred to Alderman Janvary who would supply a copy of the letter at the upcoming Brock University meeting. The motion Carri~ with the following vote: AYE: Aldermen Cowan, Craitor, Fisher, Germane, Janvary, err, Shetar, Susin and Ward. NAYE: Aldermen Hendershot and Puttick. Communication No. 81 - The Corporation of the Township of Osprey - Re: Resolution. The communication requests Council support and endorse a resolution petitioning the government not to approve the recommeedations of the Commission on Planning Reform. ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the communication be received and f'ded for the information of Council. Carried Unanimously. Communication No. 82 - Chippawa Lions Club - Re: Expansion of existing storage facility. The communication requests approval to expand an existing storage facility. ORDERED on the motion of Alderman Susin, seconded by Alderman Headershot, that the matter be referred to staff for a report on the merits of the request. Carried Unanimously; Communication No. 83 ~ Corporation of the City of Nepean - Re: Resolution. The communication requests Council support a resolution petitioning the Federal Government to reconsider their recent decision on payment of grant-in-lieu of taxes. ORDERED on the motion of Alderman Susin, seconded by Alderman Shetar, that the request be supported. Carried Unanimously. Communication No. 84 - The Corporation of The Town of Niagara-On-The-Lake - Re: Resolution. The communication advises that the Town endorses the transfer of Waste Managemere jurisdiction to Regional Niagara; that the current Boards of Waste Management in Regional Niagara be requested to support this position; that the Town requests the City of Niagara Falls to coordinate the initiatives culminating in a request being submitted to Regional Niagara for it to assume jurisdiction for Waste Management. ORDERED on the motion of Alderman Hendershot, sexended by Alderman Fisher, that the communication be received and filed for the information of Council. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in fayour. Communication No. 85 - Regional Niagara, Acting Regional Clerk - Re: Preliminary Regional Tax Levy. The communication provides information regarding the Apportionment and Due Dates for a 1993 Preliminary Regional Tax Levy, ORDERED on the motion of Alderman Shetar, seconded by Alderman Cowan, that the communication be received and filed for the information of Council. Carried Unanimously, Communication No. 86 - Association of Municipalities of Ontario - Re: Improved Pension Plan for Elected Officials 1992. The communication requests Council pass a resolution of support to inform the Government of Ontario that there is a Real for a better, more flexible pension plan for municipal elected officials. ORDERED on the motion of Alderman Handershot, seconded by Alderman Shetar, that the request be supported. Carried Unanimously $e~ Resolution No. 35 Communication No. 87 - Royal Canadian Sea Cadet Corps - Re: Annual Inspection of Sea Cadets. The communication requests that the cost of renting the Jack Bell Arena facilities be totally or partially waived for May 22nd and May 29th, 1993. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan that the fees be waived as previously approved in Finance Committee. Carried Unanimously. ..10 - 10 - Communication No. 88 - Correspondence from Alderman Kim Craitor - Re: Economic Development Agency. The communication advises Council that Alderman Craitor is unable to complete his term as Council's Representative on the EDA Board of Directors. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germane, that Alderman Shirley Fisher be appointed to the Economic Development Agency's Board of Directors as Council representative. Carried Unanimously. Communication No. 89a) - Ron Davis and Sherry Bates - 89b) Petition from the Residents of Greenboughs Road to Edenwood Court; - AND - Communication No. 89c) - Nancy and Rick Wilson - Re: Walkway No. 14. The communications request that Walkway No. 14 remain open. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 90 - Niagara Regional Race Relations Council - Re: Proclamation. The ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the request be approved subject to established policy. ~ REPORTS B-93-13 - Chief Administrative Officer - Re: Proclamation of Building Regulations Awareness Week. The report recommends that the week of April 1 lth to 18th, 1993 be proclaimed as "Building Regulations Awareness Week", and that Council endorse the placing of an information booth at Niagara Square. ORDERED on the motion of Alderman Shetar, seconded by Alderman Hendershot, that the report be received and adopted. C/a~a_Uj]~ B-93-14 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for February, 1993. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor that the report be received and flied and further that the Director of Buildings & Inspections ' Harrington on a regular basis. ~ send copies of the report to Margaret MW-93-04 - Chief Administrative Officer - Re: Lease Agreement with Ministry of Transportation. The report recommends that the By-law appearing later on the Agenda, authorizing a Lease Agreement with the Ministry of Transportation and Communications, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Shera~, that the report be received and adopted. _Carriea Unanimously~ See By-law No. 93-64 RATIFICATION OF MUNICIPAL WORKS COMMITFEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. 1. Presentation by the Niagara Chapter Consulting Engineers of Ontario; 2. MW-93-39 - Sunday Closing at Landfill - that the closing of the Landfill on Sundays be held in abeyance, pending the construction of an area to receive roll-off bins for public use. . - that staff prepare a report on investigating the Possibility of establishing a Drop-Off Site, determine the time frame involved for necessary approval by the Ministry of the Environment, with. no regard to location until all other avenues are explored (i.e. costs to be incurred to build it and the savings to be realized) - Opposed: Mayor Wayne Thomson; Aldermen Germane; Fisher; Sherar. (Tie Vote) - Alderman Hendershot asked that it be noted that he voted in fayour of the recommendation to have staff prepare a report. Motion Carried. - 11 - CP Rail - That correspondence be prepared under Mayor Wayne Thomson's signature to the Hendurable Shirley Martin, Minister of State (Transport), copied to MP Rob Nicholson, identifying the City concerns regarding maimenance at Railway Crossings; That payment of the cheques not be released to CP Rail until concerns have been resolved; that correspondence be sent to CP Rail Intermodel Freight Systems from staff identifying what is termed as "acceptable condition" at various Railway Crossings as well as determining the future of the rail spur. 4. Replacement Appointment to Public Liaison Committee for Niagara North Board of Waste Management - that Mr. A. Luciano be appointed to serve on the Public Liaison Committee for the Niagara Board of Waste Management and that Mr. Luciano be so advised. CatTied R-93-08 - Chief Administrative Officer - Re: Display of Advertising in Municipal Parks. The report recommends that Council approve the by-law appearing on tonight's agenda authorizing an advertising agreement with Vistas Advertising Company for the display of advertising signs on twenty-four baseball backstops located in Municipal Parks. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. ~ R-93-09 - Chief Administrative Officer - Re: 1992 Winter Festival of Lights. The report recommends that this report is provided for the information of Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. F-93-12 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $273,608.72 for the period ending March 8, 1993 be approved by the passing of the by-laws appearing later on the agenda. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Craitor, err, Sherar, and Susin, abstaining from the vote on conflicts of iracrest previously noted and Alderman Susin voting contrary to Cheque No. 84846 and with all others voting in favour. S~ By-law Ng. 93-67 See By-law No. 93-68 F-93-13 - Chief Administrative' Officer - Re: Statement of Remuneration and Expenses for Members of Council, Committee of Adjustment and Recreation Commission. The report recommends that Council receive the report for information purposes. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be tabled for further clarification. Carried Unanimously. RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following reports by the Finance Committee, earlier this evening, be approved. 1. Minutes of February 15, 1993 be adopted as amended. 2, Royal Canadian Sea Cadets - that the Royal Canadian Sea Cadets be provided with a grant in the amount of $692.50 regarding the use of the Iack Bell Arena, May 22nd and May 291h, 1993. Alderman Ward declared a conflict of interest, as he is a member of the Royal Canadian Legion. Carried C-93-02 - Chief Administrative Officer - Re: Resale of Part of Lot 53, Plan 243; Designated as part I on Plan 59R.4981 Falls Industrial Park, 6025 Progress Street. The report recommends that Council approve of the resale of Part of Lot 53, Plan 243, presently owned by Larry Vann, to Axtec Frames Limited and waive the requirement that a building of 1200 square meters be constructed on the lot. - 12 - - 13 - ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously recorded and with all others voting in fayour. S-93-08 - Chief Administrative Officer - Re: Ferro Structural Steel Limited vs. The City of Niagara Falls Parcel 16-1, Section M-67; File No. 91-426-135. The report recommends for the information of Council. ORDERED on the motion of Alderman Shetar, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously recorded and with all others voting in fayour. S-93-10 - Chief Administrative Officer - Re: Closing and Conveyance of Walkway (46-1) between Jubilee Drive and Venus Crescent; File No: 92-C5-122. The report recommends that Council approve the By-law appearing on this evening's agenda, tu authorize the closing and sale of a public walkway lying between Jubilee Drive and Venus Crescent shown on Registered Plan N.S. 37. His Worship Mayor Thomson received a negative response to his request for a show of hands by persons present who were interested in the application. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. See By-law No. 93-60 RATIFICATION OF COMMH'rEE OF THE Via-iOLE ACTIONS ORDERED on the motion of Alderman Germane, seconded by Alderman Fisher, that the actions taken on the following reports by the Committee of the Whole, earlier this evening, be approved. 1. Rep~rtS.93.~7.TransCanadaPipelinesLimited~B~ackh~rseExtensi~nPr~jec~toauth~rizeth~City of Niagara Falls enter into a Land Acquisition Agreement with TransCanada Pipelines Limited and the Mayor and Clerk be authorized to execute the said agreement; 2. Report 3-93-09 - Sale of Surplus School Board Property; Allanthus Avenue - To authorize an offer to purchase the lands stated in the Agreement of Purchase and Sale between The City of Niagara Falls and the Welland County Roman Catholic Separate School Board; and to authorize an acceptance of the offers to purchase the lands stated in the Agreements of Purchase and Sale between the City and The Niagara Falls Y.W.C.A. Non-Profit Housing Corporation and The Stamford Kiwanis Non-Profit Homes Inc. 3. To authorize the attendance of Alderman Gary Hendershot and one staff member at the Ontario Winter Games in Cornwall in order to gather information and bring back a full report. The motion r~ with Alderman Susin abstaining from the vote on a conflict of interest on Report 3- 93-07 and with all others voting in fayour. RESOLUTIONS No. 25 - SUSIN - COWAN - RESOLVED that a message of condolence be forwarded to the family of the late John L, Gibson, a well respected Alderman of the Town of Fort Erie, AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 26 - 8HERAR - FISHER - RESOLVED that a message of condolence be forwarded tO the family of the late Julia Janvary, mother-in-law of Alderman Paisley Janvary, AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 27 - COWAN - h~t/81N. RESOLVED that a message of condolence be forwarded to the family of tha late Henry Rule Mitchinson, father-in-law of the Municipality'a Director of Buildings and Inspections, Mr. Murray Johnston. AND the Sgal of the Corporation be hereto affixed. Carried Unanimously .,.13 No. 28 - HENDERSHOT - COWAN - RESOLVED THAT WHEREAS Rumiana and George Naumov have been residents of Niagara Falls since October, 1990; and WHEREAS Rumiana Naumov has been accepted by the Faculty of Education at Brock University and is presently volunteering as a tutor in Science and Mathematics; and WHEREAS George Naumov has been an A+ student at Stamford Collegiate and is also tutoring peers in Mathematics and Science; and WHEREAS they are being deported back to Bulgaria; and WHEREAS they are examples of what citizenship is all about. NOW THEREFORE BE IT RESOLVED and it is hereby resolved that the Council of the City of Niagara Falls on its own behalf and on the behalf of the citizens of Niagara Falls support Rumiana and George Naumov in their endeavour to attain refugee stares and become citizens of Canada; AND the Seal of the Corporation be hereto affixed. Alderman Craitor abstained from the vote on a conflict of interest, and with all others voting in favour. Carried No. 29 - CRAITOR - SUSIN - WHEREAS the vacancy rate in Niagara Falls is at 4.0 percent and the supply of market rein units is considered to be saturated; and: WHEREAS the Province of Ontario has announced Jobs Ontario - Homes to assist with the construction of assisted housing units and the program design is currently being developed; and WHEREAS the program should be responsive to local conditions including overall municipal vacancy rates, opportunities for conversion of existing vacant rental stock, and ongoing operations costs; and WHEREAS there is a need to expand the Rent Supplement Program and the Shelter Allowance program to fill existing market rent units; and WHEREAS a Central Housing Registry system would provide a single source of data on housing need and should be identified as a funding priority under the 1993-94 Partners in Housing program; and WHEREAS a review of the Assessment Act is necessary to ensure that a fair and equal system of assessment is provided for all multiple-unit housing projects in Ontario; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls petitions the Minister of Housing to address these concerns in the design criteria and present and future programs of the Province of Ontario and that a copy of this resolution be forwarded to Margaret Harrington, MPP Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 30 - SHERAR - SUSIN - RESOLVED that a message of condolence be forwarded to the family of the late James Gayder, who was a past Chief of the Niagara Regional Police and a well respected citizen of the Region. AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 31 - HENDERSHOT - SUSIN - RESOLVED that a message of condolence be forwarded to the family of the late Emma Spirehello, a well respected citizen of the community. AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 32 - FISHER - COWAN - RESOLVED that a letter of congratulations be forwarded to Harold and Hugh Deflor, who have recently received the Silver Acorn Award for outstanding achievement in Scouting. AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 33 - CRAITOR - GERMANe - RESOLVED that Alderman Fermino Susin be appointed Acting Mayor for the period March 15, 1993 to March 21, 1993 inclusive; during the absence of His Worship Mayor Wayne Thomson; AND that Alderman Bruce Ward be appointed Acting Mayor for the period March 22, 1993 to March 24, 1993; during the absence of His Worship Mayor Wayne Thomson; AND the Seal of the Corporation be hereto affixed, Carried Unanimously No. 34 - HENDERSHOT - SHEPAR - RESOLVED that a letter of appreciation be forwarded to Mr. John Van Kooten and Mr. Gabe Mallouk, for their excellent efforts in launching the successful "Golden Honeymoon Memories" eont~t and in promoting the City. of Niagara Falls. AND the Seal of the Corporation be hereto affixed. earned Unanimously... 14 - 14 - No. 35 - HENDERSHOT - SHERAR - WHEREAS pensions for municipal elected officials in Ontario were first made available in 1972 by amendments to the Ontario Municipal Employees Retirement System Act, which plan was based upon the existing OMERS employee pension plans; WHEREAS the careers and pension plan needs of elected officials are totally different from those applicable to municipal employee groups; WHEREAS this difference in careers and pension planning needs was clearly recognized by the Ministry of Municipal Affairs in 1988 and by the implementation of improved pension legislation for Metropolitan Toronto, its constituent area municipalities and the City of Mississauga and the Town of Markham; WHEREAS AMO has developed a proposal for long term pension plan improvements to be available to all individual municipal elected officials who opt to participate; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls, hereby endorses the 1992 revised Councillors' Pension Plan Report adopted by the Board of Directors of AMO on November 27, 1992 and direct that this endorsement be communicated to the Honourable Ed Philip, Minister of Municipal Affairs and the Association of Municipalities of Ontario. AND the Seal of the Corporation be hereto affixed. Carried Unanimously 93-57 93-58 93-59 93-60 93-61 93-62 93-63 93-64 93-66 93-67 93-68 BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be reed a first time: 93-56 A by-law to amend By-law No. 79-200, as amended (AM-32-92, River Realty). A by-law to amend By-law No. 85-238, respeiting the classes of development that may be undertaken in site plan control areas (AM-32-92). A by-law to authorize the execution of an advertising agreement with Vistas Advertising Inc. A by-law to stop up and close and to authorize the sale and conveyance of a public walkway lying between Venus Crescent and Jubilee Drive on Registered Plan N.S. 37. A by-law to amend By-law No. 79-200, as amended (AM-33-92, 775427 Ontario Ltd. J. DiBiasi). A by-law to authorize the execution of an agreement with Dosa Brothers Construction Ltd. and others respecting "The Condor Building Condomininm" subdivision. A by-law to authorize the execution of an agreement with Vinconzo D'Amico and Gerarda D'Amico respecting parking. A by-law to authorize the execution of an agreement with Her Majesty the Queen in right of Ontario as represented by the Ministry of Government Services for the Ministry of Transportation of Ontario. A by-law to authorize the execution of Agreements of Purchase and Sale in respect of the purchase of lands from the Welland County Roman Catholic Separate School Board and the sale of the lands to The Niagara Falls Y.W.C.A. Non-Profit Housing Corporation and The Stamford Kiwanis Non-Profit Homes Inc. A by-law to authorize the execution of an agreement with TransCanada. Pipelines Limited. by-law to authorize monies for General Purposes (March 1, 1993). by-law to authorize monies for General Purposes (March 8, 1993). - 15 - The motion Carried with Aldermen Cowan, Craitor, abstaining from the vote on By-law No. 93-67 on conflicts of interest previously noted; Aldermen Craitor, err, and Sherar, abstaining from the vote on By-law No. 93-68 on conflicts of interest previously noted; Alderman Susin abstaining from the vote on By-law No. 93-56, 93-57, 93-58 and 93-66, on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar, that the following by-laws be now read a second and third time: 93-56 A by-law to amend By-law No. 79-200, as amended (AM-32-92, River Realty). 93-57 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas (AM-32-92). 93-58 A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. 93-59 A by-law to authorize the execution of an advertising agreement with Vistas Advertising Inc. 93-60 A by-law to stop up and close and to authorize the sale and conveyance of a public walkway lying between Venus Crescent and Jubilee Drive on Registered Plan N.S. 37. 93-61 A by-law to amend By-law No. 79-200, as amended (AM-33-92, 775427 Ontario Ltd. J. DiBinsi). 93-62 A by-law to authorize the execution of an agreement with Dosa Brothers Construction Ltd. and others respecting "The Condor Building Condominium" subdivision. A by-law to authorize the execution of an agreement with Vincenzo D'Amico and Gerarda D'Amico respecting parking. 93.64 A by-law to authorize the execution of an agreement with Her Majesty the Queen in right of Ontario as represented by the Ministry of Government Services for the Ministry of Transportation of Ontario. 93-65 93-66 A by-law to authorize the execution of Agreements of Purchase and Sale in respect of the purchase of lands from the Welland County Roman Catholic Separate School Board and the sale of the lands to The Niagara Falls Y.W.C.A. Non-Profit Housing Corporation and The Stamford Kiwanis Non-Profit Homes Inc. A by-law to authorize the execution of an agreement with TransCanada Pipelines Limited. 93-67 : A by-law to authorize monies for General Purposes (March 1, 1993). 93-68 A by-law to authorize monies for General Purposes (March 8, 1993). The motion Carried with Aldermen Cowan, Craitor, abstaining from the vote on By-law No. 93-67 on conflicts of interest previously noted; Aldermen Craltor, err, and Sherat, abstaining from the vote on By-law No. 93-68 on conflicts of interest previously noted; Alderman Susin abstaining from the vote on By-law Nos. 93-56, 93-57, 93-58 and 93-66, on conflicts of interest previously noted and with all others voting In favour. NEW BUSINESS Recycling Bins Following some discussion regarding problems encountered with recycling bins, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that a report be brought forward respecting problems with recycling bins located at Crowland and Willoughby firestations. Carried Unanimously. ...16 - 16 - Police Budget Discussions were held concerning the police budget; the high crime rate in Niagara Falls; drug and prostitution problanm; the necessity of foot patrol officers on Clifton Hill. Sylvia Place Market His Worship Mayor Thomson referred to recent statements made by a certain vendor at the Sylvia Place Market and wished to clarify that he was not responsible for the vendor having to raise his prices, nor did he wish to have the vendor removed from the marketplace. Helicopters His Worship Mayor Thomson stated that the Department of Transport would be flying helicopters and fixed wing aircraft over Niagara Palls in order to monitor the helicopter activity through radar at their Hamilton facilities, It was moved by Alderman Hendershot, seconded by Alderman Ward, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TENTH MEETING COMMflTEE OF THE WHOLE Committee Room #2 March 22, 1993 Council met on Monday, March 22, 1993 at 4:30 p.m. in Committee of the Whole. All members members of Council with the exception of Alderman Germane, who was away on vacation; and Alderman Cummings, who was away due to illness, were present. Alderman Craitor presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, REGULAR COUNCIl, MEETING MAYOR WAYNE THOMSON Council Chambers March 22, 1993 Council met on Monday, March 22, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Germane, who was away on vacation; and Alderman Cummings, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Craitor offered the Opening Prayer. ADOPTION OF MINUTES Alderman Susin requested that the Minutes of the Planning Meeting of March 8, 1993 be amended to indicate he had a pecuniary interest on Report Nos. C-93-02 and S-93-08 and Committee-of- the Whole Report No. S-93-07; and to further indicate that he voted contrary to the motion on Communication No. 84 regarding the transfer of waste management jurisdiction. ODERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the Minutes of the planning Meeting of March 8, 1993 be adopted as mended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Janvary indicated pecuniary interests on Report F-93-15, Cheque Nos. 85070 and 85227, because the Board of Education is her employer. Alderman err indicated pecuniary interests on Report MW-93-50, By-law Nos. 93-71; 93-72; 93-73 and 93-78; Report F-93-15, Cheque Nos. 85164 and 85028, regarding the Ministry of Tourism and Recreation, and the close proximity to her residehen. Alderman 3usin indicated a pecuniary interest on By-law No. 93-75, because he owns property in the area. ...2 -2- Alderman Craitor indicated a pecuniary interest on Report F-93-15, Cheque Nos. 84949 and 85244, because his wife is employed by the Region. Alderman Hendershot indicated a pecuniary interest on Report F-93-15, Cheque Nos. 85070 and 85226, because the Board of Education is his employer; and on Cheque Nos. 84961 and 84962 respecting his attendance at the Winter Games in Cornwall. WELCOME His Worship Mayor Thomson welcomed the 22nd Niagara Scout Troop from Chippawa who were in attendance with their Troop Leaders Randy Clegg and Jim Whitehead to observe a Council meeting in session. DEPUTATIONS Provincial Update Mrs. Margaret Harrington, M.P.P. provided information on the direction of the Provincial govermnent on the following issues: The Economic Recovery; Long-Term Investment in the Economy; and Social Equity Agenda; discussed the Jobs Ontario Training Programs; Jobs Ontario Capital Roads Programs; Manufacturing Recovery Programs; Welfare Legislation; Hydro rates; the Consolidation of Various Ministries; Employment Equity; Aboriginal Agenda; and Tourism. Mrs. Herrington provided an overview, through the use of slides, of the Ontario Economic and Fiscal situation and the Options available. Discussions regarding municipal recycling support grants; funding for the disabled; casino gambling; waste management study funding; and non-profit housing matters were held. His Worship Mayor Thomson thanked Mrs. Herrington for her presentation and suggested that she attend a future committee meeting to discuss matters such as subsidized housing; casinos; transfer funds to municipalities and disentanglemeat. Canadian Diabetes Association Ms. Paula Barkate, Fiat Vice President, Nominating Chair, Canadian Diabetes Association provided a brief history and the warning signs of diabetes; the types of diabetes. Ms. Barkere stated the Diabetes Association was a volunteer driven organization providing assistance to individuals and their families who have diabetes and whose goals were to promote research, health, advocacy and education. Ms. Barkate advised that the Association was seeking volunteers to donate some of their time to improve the quality of life for those with diabetes; or to serve on the Board of Directors, Committee Chairpersons on committees. His Worship Mayor Thomson thanked Ms, Barkate for her presentation and wished her lack in her endedyours. UNFINISHED BUSINESS Communication No. 91 - Social Planning Council of Niagara Falls - Re: Effects of Provincial Funding Cuts to Sheltered Workshops in Niagara Falls. The communication provides comments with respect to the Corporation of the City of London's resolution of December 22, 1993, derived from agencies who provide sheltered workshops to Niagara Falls citizens, ORDERED on the motion of Alderman Shetar, seconded by Alderman Janvary, that the resolution be supported. Carried Unanimously, -3- COMMUNICATIONS Communication No. 92a) - Regional Niagara Falls, Office of the Clerk - Re: Resolution against racism. The communication advises endorsement of Council's resolution condemning persons or groups who promote racism or bigotry. Communication No. 92b) - City of St. Catharines - Re: Resolution against racial hatred. The conununication advises endorsement of Couneil's resolution respecting racial hatred. Communication No. 92e) - The Corporation of The Town of Niagara-on-the-Lake - Re: Resolution regarding racial hatred. The communication advises support of Council's resolution condemning racial hatred. Communication No. 92d) - City of Port Colborne - Re: Resolution Condemning Groups Promoting Racial Hatred and Bigotry. The communication advises support of Council's resolution regarding no place for racial hatred and bigotry, Communication No. 92e) - Town of Pelham - Re: Resolution regarding racial hatred. The communication advises endorsement of Council's resolution condemning racial hatred or attempts to assert the supremacy of one race or group over another. Communication No. 92f) - Township of West Lincoln, Office of the Clerk - Re: Resolution regarding racial hatred. The communication advises support, of Council's resolution which condemns any group seeking to promote racial hatred or attempts to assert the supremacy of one race or group over another. Communication No. 92g) - Margaret Harrington, M.P.P. - Re: Resolution. The communication advises support of Council's resolution to deny the use of city-owned lands and special occasion permits for the purpose of activities promoting racial hatred. Communication No. 92h) - Town of Grimshy - Re: Resolution No. 93- l 1. The communication advises endorsement of Councii's resolution regarding race supremacist groups. ORDERED on the motion of Alderman Ward, seconded by Alderman Craltor, that communications 92a) - through 92h) be received and filed for the information of Council. Carried U~nanimously. Communication No. 93 - Denis Hinchliffe, 9787 Nichols Lane - Re: Closing of Nichols Lane, The communication expresses concerns with respect to the closure of Nichols Lane. ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that the communication be received and filed. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in favour. Communication No. 9~S - City of Cornwall, Office of the City Clerk - Re: Appointments to Municipal Police Boards. The communication requests Council convey support through the AMO of a resolution expressing concerns to the Solicitor General's office respecting membership of the Police Services Board in Ontario; and the concept of a Police Services Board consisting solely elected municipal officials and local citizens appointed by a City Council. ORDERED on the motion of Alderman Susin, seconded by Alderman err, that Council supports the resolution. The motion C~rried with Alderman Puttick voting contrary to the motion and with all others voting in favour. Communication No. 95 - The Corporation of the City of Burlington - Re: Resolution. The communication seeks Council's endorsement of a resolution requesting the Minister of the Environment to implement programs to facilitate the destruction of PCB waste to avoid the need for permanent PCB Waste Storage Facilities in Ontario's communities. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that th~ r~uest be supported. Carried Unanimously. Communication No. 96 - The Corporation of The Town of Niagara-on-the-Lake, Town Clerk - Re: Six Mile Creek Drainage Area. The communication advises of receipt of a petition for a municipal drain for the Six Mile Creek drainage area, which may include pan of the City of Niagara Falls. ORDBRED on the motion of Alderman err, seconded by Alderman Shetar, that the matter be referred to staff. Carried Unanimously. ...4 -4- Communication No. 97 - The Bethlehem Housing Project of Niagara - Re: Proclamation. The communication requests Council proclaim the week of April 12-18, 1993 as "Bethlehem Place Week". ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the request be supported subject to established policy. Carried Unanimously. Communication No. 98 - Petition from the Residents of Fai rhaven Apartments, 3568 Moatruse Road - Re: Bell Canada Rate Increases. The communication expresses concerns and strong opposition to the proposed Bell Canada rate increase. ORDERED on the motion of Alderman Headershot, seconded by Alderman Fisher, that the petition be supported. Carried Unanimously. Communication No. 99 - The Chamber of Commerce Niagara Falls - Re: Application of Destreaming. The communication addressed to The Honourable Dave Cook, Minister of Education and Training expresses concerns respecting the application of destreaming and the lack of guidelines to implement the program. ORDERED on the motion of Alderman Hendarshot, seconded by Alderman Orr, that the matter be referred to the two Boards of Education for response. Carried Unanimously. Communication No. 100 - Regional Niagara, Office of the Clerk - Re: Declaration of Niagara Region as Economically Depressed Area. ThecommunicationadvisesandrequeststhePrimeMinisterofCanada to declare the Niagara Region as an economically depressed area; and that Niagara be made eligible for any and all financial incentives available to municipalities, business and industry, to assist in overcoming the serious economic difficulties which exist in Niagara.. ORDERED on the motion of Alderman Susin, seconded by Alderman Headershot, that the communication be received and filed. Carried Unanimously. REPORTS B-93-15 - Chief Administrative Officer - Re: Site Plan Approval; 6538 Drummond Road; Site Plan Control SPC-93-02. The report recommends that Council approve the above subject Site Plan for a proposed addition to a public garage pursuant to Section 41 of the Planning Act, comprising of the Site Plan being drawing no. SP-I. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be recoived and adopted. Carried Unanimously. B-93-16 - Chief Administrative Officer - Re: Lease for Provincial Court House. The report recommends that Council pass the by-law appearing on tonight's agenda authorizing the execution of an offer from the Ministry of Government Services to maintain possession of the Court House as an Overholding Tenant until December 31, 1993. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 97-76 B-93-17 - Chief Administrative Officer - Re: Collection of Regional Development Charges. The report recommends that the Buildings & Inspections Department be authorized to collect Regional Development Charges on behalf of the Region in accordance with the procedure set out in this report. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. HR-93-09 - Chief Administrative Officer - Re: Employee Suggestion Awards. The report recommends the following: Suggestion No. 92-01: Submitted by Alex Herlovitch of the Planning and Development Department. Mr. Heriovitch suggested that an Index of Publ iuatlons be kept for City Hall so that all City Staff is aware of and can research material as required. An award of $25.00 is recommended. ...5 -5- 2. Suggestion No. 92-04: Submitted by Frank Wagner of the Streets Section of the Municipal Works Department. Mr. Wagner suggested eliminating one man per shift during the winter sanding schedule. An award of $50.00 is recommended. 3. Suggestion No. 92-06: Submitted by Mary Pugliese of the Buildings and Inspections Department. Mrs. Pugliese suggested charging a fee for zoning information given verbally at the counter or over the phone and bill the client on a monthly basis. An award of $25.00 is recommended. 4. Suggestion No. 92-10: Submitted by Ian Hayward of the Survey Section of the Municipal Works Department. Mr. Hayward suggested when a pre-engineering survey begins, staff utilize the recently established traverse points placed under the Infrastructure Needs Program. An award of $25.00 is recommended. ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. HR-93-10 - Chief Administrative Officer - Re: Christmas Holidays. The report recommends that City Council declare the following paid holidays: Christmas Day - to be observed on Friday, December 24, 1993; Boxing Day - to be observed on Monday, December 27, 1993; New Year's Day - to be observed on Friday, December 31, 1993. ORDERED on the motion of Alderman Puttick, seconded by Alderman Headershot, that the report be received and adopted. Carried Unanimously. HR-93-12 - Chief Administrative Officer - Re: Revised Policy Safety Standard; Safety Footwear. The report recommends that the attached revised policy on "Safety Standard - Safety Footwear" be approved by Council. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. MW-93-49 - Chief Administrative Officer - Re: Contract 93-116, Downtown Gateway, Valley Way at Victoria Avenue. The report recommends that the price submitted by the low tendeter, Ravine Construction Ltd. be accepted and that the by-law appearing on tonight's ageads be passed awarding this contract. ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the report be received · and adopted. Carried Unanimously. MW-93-50 - Chief Administrative Officer - Re: All Way Stop Control; Huron Street at Ontario Avenue. The report recommends the following: 1) That an all way stop control he installed at the intersection of Huron Street and Ontario Avenue; 2) That the by-law appearing later on tonight's agenda, amending By-law 89-2000 (being a by-law regulating parking and traffic on City roads), be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted subject to negotiations with the Ministry and the transfer of property to have the opportunity to put up the appropriate signs. The motion C:~rried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded and with all others voting in favour. Se~ By-law No. 93-78 Alderman Gary Headershot - Report on the 1993 Ontario Winter Games in Cornwall. The report provides information to Council on the Ontario Winter Games in Cornwall, by Alderman Gary Headershot and Cynthia Roberrs who attended the event as observers. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and filed. Carried Unanimously. ...6 -6- -7 - PD-93-37 - Chief Administrative Officer - Re: Supplementary Report Regarding Comments on the Draft Report on Planning and Development Reform in Ontario - Sewell Commission. The report recommends that Council receive and file this supplementary report and that PD-93-32 be modified as outlined herein. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the report be received and adopted. Carried Unanimously. F-93-14 - Chief Administrative Officer - Re: Development Charges; 1992 Financial Information. The report recommends that Council receive and file the 1992 Financial Statement regarding Development Charges. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the report be received and f'tled. Carried Unanimously. F-93-15 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $17,219,980.49 for the period ending March 15, 1993, and the accounts totalling $351,390.79 for the period ending March 22, 1993, be approved by the passing of the by-laws appearing later on the agenda. Additional information was requested on Cheque No. 85004; 85252 and 85087. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Craitor, Hendershot, Janvary, and err abstaining from the vote on conflicts of interest previously recorded and with all others voting in favour. See By-law No. 93-80 See By-law No. 93-81 F-93-16 - Chief Administrative Officer - Re: Statement of Remuneration and Expenses for Members of Council, Committee of Adjustmant and Recreation Commission. The report recommends that Council receive the report for information purposes. ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the report be received and filed. Carried Unanimously. C-93-03 - Chief Administrative Officer - Re: Resale of Lot #22, Plan M-67, Canada Trust to Mr. R. MeLeod. ORDERED on the motion of Alderman Fisher, seconded by Alderman err, that the report be deferred. Carried Unanimously. CD-93-16 - Chief Administrative Officer - Re: Revisions to Licensing By-law 76-102; Specific Location Daily Sales - Hawkers and Pedlars. The report recommends that Council pass the By-law appearing on tonight's agenda. Mr. Vandersluys, on behalf of the Niagara District and Floral Association, expressed concerns to the proposed by-law with respect to Section 2b) to include 'per location' at~er "pay an annual licenee fee of $100.00"; Section 3d) and 3e) indicated that individuals selling on private property should have to obtain a licance and pay the licenee fee. The City Solicitor informed that under the Municipal Act, individuals paying business tax in the City of Niagara Falls are exempt from having to obtain a licenee or pay a licenee fen. Mr. Vandersluys referred to Section 5 of the by-law respecting the distance of 200 metres of any business; and suggested that the statement "by a majority of its stock" be revised. On the motion of Alderman Hendershot, seconded by Alderman Puttick, that the report be deferred for fmlher debate. The Deputy City Clerk advised that if the report and by-law were not accepted, that the existing provisions and by-law would still be in force and ~he City would still be obligated to licenee accordingly. Following some discussion, Alderman Hendershot withdrew his motion. ORDERED on the motion of Alderman Craitor, seconded by Alderman err, that the report be received and adopted and further that a meeting be scheduled with the local florist shop owners and other retailers to address the concerns expressed by Mr. Vandersluys. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that By-law No. 93-77 be brought forwarded. Carried Unanimously. ORDERED on the motion of Alderman Handershot, seconded by Alderman err, that leave be granted to introduce the following by-law, and the by-law be read a first time: 93-77 A by-law to amend Schedule 13 of By-law No. 76-102, as amended, being a Schedule in respect of the issuance of licencea for hawkers and pedlars. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the following by-law be now read a second and third time: 93-77 A by-law to amend Schedule 13 of By-law No. 76-102, as amended, being a Schedule in respect of the issuance of lieuhues for hawkers and pedlars. Carried Unanimously. CD-93-17 - Chief Administrative Officer - Re: Special Occasion Permit; Canada Post Heritage Club 17th Annual Hockey Tournament. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. S-93-12 - Chief Administrative Officer - Re: The Establishment of Certain Lands as Highways (Kalar Road) File No.: 90-D3-109. The report recommends that Council approve the by-laws appearing on tonight's aganda that would establish those lands described as Blocks 59 and 63 on Reference Plan 59R- 8389 as a highway and become part of Kalar Road. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the report be received and adopted.. Carried Unanimously. See By-law No. 93-69 See By-law N0.93-70 S-93-14 - Chief Administrative Officer - Re: Huron Street Transfers of Easements; File No. 92-B3-146. The report recommends that the by-laws appearing on this evening's agenda, for the transfer of easements to certain utility companies be passed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the report be received and adopted. The motion C~rried with Alderman Off abstaining from the vote on a conflict of interest previously recorded and with all others voting in layout. See By-law No- 93-72 S¢~ By-law N0. 93-73 RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions taken on the following reports by the Committee of the Whole, earlier this evening, be approved. - That the City Solicitor be authorized to send a letter to the Province of Ontario releasing the Province (Ministry of Tourism and Recreation) from any liability for the City using the parking lot; ...8 -8- -9 - - To authorize the City Solicitor to seek an Injunction from the courts ordering Mr. Jacinto to tear down his two storey apartment building; - That the City Solicitor be authorized to file a Statement of Defence against Mr. Save Rados to defend the City and take all the necessary steps and confirm the Solicitor's actions in filing. The motion Carried with Alderman err abstaining from the vote on Item #1 on a conflict of interest, because of the proximity of her residence and with all others voting in favour. HR-93.13 - Chief Administrative Officer - Re: Organizational Review - Phase One. The report recommends that Council approve Phase One of the City's Organization Review. ORDERED on the motion of Alderman Craitor, seconded by Aideman Hendershot, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in fayour. RESOLUTIONS NO. 36 - JANVARY - SHERAR - RESOLVED that a message of condolence be forwarded to the family of the late Vincent Maneuse, a lifetime resident of Niagara Falls and a wall-respected citizen of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 37 - CRAITOR - SUSIN - RESOLVED that a letter of appreciation be forwarded to Judy McRae, Chairperson, of the 12th Annum Adams Minor Hockey Tournament, for her volunteer services and efforts in making the tournament such a successful conunity event. AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-69 A by-law to establish certain lands as part of Kalar Road, being a public highway (Block 59). 93-70 A by-law to establish certain lands as part of Kalar Road, being a public highway (Block 63). 93-71 A by-law to authorize an easement in fayour of The Consumers' Gas Company Ltd. 93-72 A by-law to authorize an easement in fayour of Bell Canada. 93-73 A by-law to authorize an easement in favour of Niagara Falls Hydrn Electric Commission. 93-74 A by-law to authorize the execution of an agreement with Ravine Construction Ltd. respecting the proposed Downtown Gateway, Valley Way at Victoria Avenue. 93-75 A by-law to authorize the resale of land in the Falls Industrial Park to Aztec Frames Limited. 93-76 A by-law to authorize the execution of a consent for a Lease Overbold Agreement respecting the premises located at 4300 Queen Street, Niagara Falls. 93-78 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs). 93-79 WITHDRAWN 93-80 A by-law to authorize monies for General Purposes (March 15, 1993). 93-81 A by-law to authorize monies for General Purposes (March 22, 1993). The motion Carried with Alderman err, abstaining from the vote on By-law Nos. 93-71; 93-72; 93-73; and 93-78, on a conflict of interest previously recorded; Aldermen Craitor, Hendershot, Janvary, and err abstaining from the vote on conflicts of interest on By-law Nos. 93-80 and 93-81; Alderman Susin abstaining from the vote on By-law No. 93-75 on a conflict of interest previously recorded and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that the following by-laws be now read a second and third time: 93-69 A by-law to establish certain lands as part of Kalar Road, being a public highway (Block 59). 93-70 A by-law to establish certain lands as part of Kalar Road, being a public highway (Block 63). 93-71 A by-law to authorize an easement in favour of The Consumers' Gas Company Ltd. 93-72 A by-law to authorize an easement in favour of Bell Canada. 93-73 A by-law to authorize an easement in favour of Niagara Falls Hydro Electric Commission. 93-74 A by-law to authorize the execution of an agreement with Ravine Construction Ltd. respecting the proposed Downtown Gateway, Valley Way at Victoria Avenue. 93-75 A by-law to authorize the resale of land in the Falls Industrial Park to Aztec Frames Limited. 93-76 A by-law to authorize the execution of a consent for a Lease Overhold Agreement respecting the premises located at 4300 Queen Street, Niagara Falls. 93-78 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs). 93-79 WITHDRAWN 93-80 A by-law to authorize monies for General Purposes (March 15, 1993). 93-81 A by-law to authorize monies for General Purposes (March 22, 1993). The motion Carried with Alderman err, abstaining from the vote on By-law Nos. 93-71; 93-72; 93-73; and 93-78, on a conflict of interest previously recorded; Aldermen Craltor, Hendershot, Janvary, and err abstaining from the vote on conflicts of interest on By-law Nos. 93-80 and 93-81; Alderman Susin abstaining from the vote on By-law No. 93-75 on a conflict of interest previously recorded and with all others voting in favour. NEW BUSINESS ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that a letter of congratulations be forwarded to Nancy Reynolds-Eidt for the Woman of the Year Award. Carried Unanimously. 12th Annual Minor Hockey Tournament Alderman Craitor referred to the recent 12th Annual Minor Hockey Tournament which he and Alderman Susin artended, where there were 50 hockey teams with over 900 players attending the event, and which was co-sponsored by the Niagara Falls Thunder Association and the Stamford Kiwanis Club. ORDERED on the motion of Alderman Craltor, seconded by Alderman Susin, that a letter of appreciation be forwarded to Judy McRae, Chairperson of the 12th Adam Annual Minor Hockey Tournament, for her volunteer services and efforts in making the tournament such a successful community event. Carried Unanimously. - 10 - ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the meeting be adjourned. Carried Unanimously. ELEVENTH MEETING COMMIITEE OF THE WHOLE Committee Room #2 March 29, 1993 READ AND ADOPTED, MAYOR WAYNE THOMSON Council met on Monday, March 29, 1993 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Thomson and Alderman Cummings, who were away due to illness; Alderman err, who was away due to a death in the family and Alderman Germane, who was away on vacation, were present. Alderman Ward presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, E 'E ........ REGULAR COUNCIL MEETING Council Chambers March 29, 1993 Council met on Monday, March 29, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. The City Clerk called the meeting to order and asked for a Rasolution from the floor to appoint an acting Mayor. Resolution No. 38 - Moved by Alderman Hendershot, seconded by Alderman Sherat, that Alderman Ward preside as Acting Mayor for this evenings Council meeting and would continue to preside as Acting Mayor during the period of the Mayor's recent illness. Carried Alderman Craitor opposed. All members of Council, with the exception of His Worship Mayor Thomson and Alderman Cummings, who were away due to illness; Alderman err, who was away due to a death in the family and Alderman Germane, who was away on vacation, were present. Alderman Ward presided as Chairman. Alderman Ward offered the Opening Prayer. ADOPTION OF MINUTF.8 Alderman Susin requested that the Minutes of the Council Meeting of March 22, 1993 be amended to indicate he had a pecuniary interest regarding By-law 93-75, because he owns property in ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the Minutes of the Council Meeting of March :22, 1993 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Fisher indicated a pecuniary interest on Report MW-92-243, because of her employment. Alderman Cowan indicated a p~cuniary interest on Report F-93-17, Cheque No. 853:55, because it is payable to his employer. -2- Alderman Craitor indicated a pecuniary interest on Report F-93-17, Cheque No. 85405 mid Cheque No. 85406 payable to Regional Niagara, because his wife is employed there; and Cheque No. 85389 payable to Occupmional Health and Safety, because he is a voluntary member on the Board. Alderman Susin indicated a pecuniary interest on By-law 93-75 from March 22, 1993 Council Meeting, because he owns property in the area and Report C-93-04, because he owns property in the World Junior Championships PRESENTATIONS Acting Mayor Ward congratulated and presented a token of appreciation on behalf of Council and the citizens of Niagara Falls to Phil Boyer, Shane Newson and Jason Vormittag, who played on the team which won the World Under t9 Junior Softball Championships. Niagara Falls Minor Hockey Association Mr. Terry Arsenault, Vice-President of Niagara Falls Minor Hockey Association made a presentation to Acting Mayor Ward and members of Council and to Alderman Puttick who accepted on behalf of Alderman Cummings for their support of the 10th Anniversary of the Niagara Falls Minor Hockey Association Past President's Tournament. Mr. AI Judge made a presentation to Alderman Kim Craitor for his support and that of the Labour Council of the 10th Anniversary Past President's Tournament. Habitat for Humanity Niagara DEPUTATIONS Communication No. 101 - Mr. Dick Halverson, Steering Committee Chairman, Habitat for Humanity Niagara, Re: Building Affordable Family Units using donated materials and labour. Mr. Halverson addressed Council, presented a video on the project and requested that the City provide a gift of land or land at a reduced price, forgiveness of fees for development charges and building permits and volunteer labour from members of Council and staff. Following some discussion, it was ORDERED on the Motion of Alderman Hendershot, seconded by Alderman Sharar that the matter be referred to staff, Non-profit Housing and the Mayor's Committee on Housing for a report, with Habitat for Humanity Niagara being kept advised of the situation. Acting Mayor Ward thanked Mr. Halverson for his presentation. UNFINISHED BUSINESS City of Gueleh Corresi~mdence - Re: Resolution requesting Federal and Provincial governments to implement standards and guidelines for the care and transportation of exotic animals. ORDERED on the Motion of Alderman Craltor, seconded by Alderman Janvary, that the matter be received and filed, Motion superseded by following ORDERED on the Motion of Alderman Puttick, seconded by Alderman Hendershot, to table for presentation of the exotic pots by-law. Carrl~ with Alderman Cowan being opposed and all others voting in fayour. -3- COMMUNICATIONS Communication No. 102 - Town of Caledon - Re: Incressing levies on aggregate mining. The communication requests Council to support a motion for an increase in the portion of the aggregate tonnage levy that is payable to the host municipality from four cents to 25 cents per tonne. ORDERED on the motion of Alderman Janvary, seconded by Alderman Puttick, that the matter be tabled tbr a background report from Robert Lewis, Director of Finance. Carried with Alderman Craitor being opposed and all others voting in fayour. Communication No. 103 - City of Welland - Re: Resolution on Waste Management Jurisdiction. The communication advises that the City of Welland cannot at this time endorse the preferred approach for the transfer of Waste Management Jurisdiction (as it relates to waste disposal and processing of diverted Wastes). ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 104 - City of Port Colborne - Re: Resolution on Waste Management Jurisdiction. The conununication advises that the City of Port Colborne does not support the resolution at this time. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 105 - The Ontario Ambulance Operators' Association Incorporated - Re: The Orange Ribbon Campaign. The communication provides information on a Union Alliance group promoting a movement termed the "Orange Ribbon Campaign" vs the Ontario Ambulance Operators' Incorporated. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, theft the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 106 - Niagara North Board of Waste Management - Re: Niagara North Waste Management Study ~ Cost Sharing. The communication provides information regarding new contribution percentages for 1993. ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherat, that the communication be received and filed for the information of Council. Carried Unanimously.. Communication No. 107 - Town of Lindsay - Re: Resolution. The communication requests Council to endorse a resolution whereby the Association of Municipalities of Ontario urge the Provincial Ministry of Transportation to oppose further applications to the National Transportation Agency; that both Canadian National Railways and Canadian Pacific Railways business plans, operating procedures, financial records be thoroughly analyzed by a joint Federal/Provincial Task Force; and that the National Transportation Act be revised to address the economic and social implications of the loss of rail service in the municipalities affected. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 108 - William Dennis, R.R. #1, TarP.,vell, Ontario - Re: Rail Cycle North project. The communication provides information and expresses concerns regarding the importation of garbage from Toronto. ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the communication be received and flied for the information of Council. Carried Unanimously, Communication No. 109 - North Pole Furs & Gifts Limited - Re: Condition of Property at 5731 Stanley Avenue. The communication expresses concerns regarding the condition of the property at 5731 Stanley Avenue; and a Petition from tosid0nts protesting the conditions of the property owned by Ontario Hydro. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the communication be referred to staff. Carried Unanimously. -4- -5- Communication No. 110 - Social Planning Council of Niagara Falls - Re: Development Charges and Affordable Housing (MW-92-243). The communication requests Council to reconsider its decision not to allow exemptions from developmere charges. Chairman Cruller requested a withdrawal of the matter from the agenda and the matter be put back to the Mayor's Housing Committee. REPORTS !1-93-18 - Chief Administrative Officer - Re: Building Proposed by Chippawa Lions Club. The report recommends that Council approve a request by the Chippawn Lions Club to erect an accessory building in connection with their operations on the lands leased from the City which is known as "Lions Park". ORDERED on the motion of Alderman Sherar, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. B-93-19 - Chief Administrative Officer - Re: Barrier Free Access and Parking, City Hall. The report recommends that Council authorize staff to reinstate the handicap parking space on Queen Street to provide convenient access for the physically challenged using the main street entrance to City Hall. ORDERED on the motion of Alderman Sharar, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW-93-52 - Chief Administrative Officer - Re: Mun!cipal Parking & Traffic Committee Recommendations of March 9, 1993 Meeting. I) MV¢-93-45, Appleford Ave. @ Casey Street, Review of Traffic Control Devices. 1. 'll,enlpat recommends that the existing yield sign at Appleford Avenue and Casey Street be replaced by a stop sign for southbound vehicles on Appleford Avenue; 2. A "Hidden Intersection" sign be installed in advance of Appleford Avenue at Casey Street, for southbound vehicles on Casey Street; 3. A yield sign he installed at Appleford Avenue and Rosseau Place for westbound vehicles on Rosseau PIece; 4. A yield sign be installed at Appleford Avenue and Brady Street for westbound vehicles on Brady Street; 5. and A yield sign be installed at Appleford Avenue and Loring Crescent for westbound vehicles on Loring Crescent. II) MW-9343 Intersection Controls on Wiltshire Blvd. 1. The report recommends that a yield sign be installed for northbound motorists on Potter Heights at Cambridge Street; 2. A yield sign be installed for westbound motorists on Cambridge Street at Wiltshire Boulevard; 3. A yield sign be installed for westbound motorists on McColl Drive at Wiltshire Boulevard; 4. A yield sign be installed for southbound motorists on McColl Drive at Cambridge Street; 5. and a yield sign be installed for westbound motorists on Oxford Street at Wiltshire Boulevard. 111) Marland Avenue @ Orlando Drive. The report recommends that a "No Parking Anytime" restriction be installed on both sides of Marland Avenue. IV) City of Burlington Petition. The report reconunends that Council endorse theCity of Burlington's petitioning of the Province of Ontario relating tu alga warrants for mid-block pedestrian signals and half signals. V) Municipal Parking Lot//14. The report recommends that a two hour time limit be instituted until such time as parking meters can be purchased and installed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitur, that the report be r~eived and adopted. Carried Unanimously. MW-93-57 - Chief Administrative Officer - Re: Tender 3-93, Tender For Parking Meter Housing and Accessories. The report recommends that Electromega Ltd. be awarded the tender for the supply and installation of parking meter housings and accessories. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMIT'FEE ACTIONS ORDERED on the motion of AIdarman Hendershot, seconded by Alderman Fisher the ratification of the Municipal Works Comraittee actions of March 29, 1993 Adoption of Minutes - Minutes of the February 22rid and amended Minutes of the March 8th, 1993 Meetings were submitted to Council on 1993 03 29. Emergency Overflow Discharge into Shriner's Creek, that subject to staffs clarification and correspondence regarding this matter, that staff co--ordinate with the Ministry of the Environment and Energy to set up and institute procedures for emergency overflow discharge into Shriner's Creek and that it be indicated that this matter was for "an emergency situation only," noting that the City does not intend these measures to be implemented on a regular basis, and that the City request that long term solutions be worked on as quickly as possible. Tipping Fees for Rubbish Removal Services, that the Tipping fees be waived for household materials when delivered by small contractors; Building demolition materials be excluded from this Program; and an appropriate form be used by the small contractors to identify the source of the material and that the proposed form be revised to include the householder's phone number and a declaration that the information is correct and indicating the penalty for false information. MW-93-46 - Alternatives to Eliminated Rubbish Campaign, that Residents be encouraged to use the services of private collectors; small items picked up by the City Sanitation Department on a year round basis; and Tree branches and large size brush be chipped on site by City Forces when time is available. MW-9349 - Program of Proposed Expenditures for Highway Improvements for the Year 1993, that the Program of Proposed Expenditures for Highway Improvements for the year 1993, dated March 29, 1993, be adopted as presented in the total estimated amount of $7,135,800 with an estimated subsidy of $2,498,400. MW-93-53 - Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1993 Ministry of Transportation, Form MR-A-116, that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1993, dated March :29, 1993, be adopted and presented in the total estimated amoum of $2,562,650 for supplementary subsidy. (Sec Resolution NO. MW-93-58 - Approval for Purchase of Home Composters, that quotations be solicited from manufacturers of home cornposters so that the City of Niagara Falls can continue the promotion of home composting as a means of waste reduction. MW-93-60 - Waste Management Sub Committee Report - Waste Reduction 1993, that 1) The City of Niagara Falls should design and implement two Public Education Program. a) Grasscycling; a Program to convince all citizens to manage their lawns to produce a healthier turf with less work and less expense by returning grass clippings to the lawn; and b) Recycling and reduction in Niagara; a Program to effectively inform citizens about what can be recycled and how they can reduce waste at source. The Programs should be recommended to this Group so that all may benefit at reduced cost; 2) The residential bag limit should be reduced to four commencing Monday, June 7, 1993; 3) The commercial bag limit should remain at 10 bags; 4) A container for residential grass clippings should be placed at the Landfill Gate. No charge would be applied. The clippings should be cornposted. The effective date would be Monday, June 7, 1993; 5) As a Condition of City collection all condomininms, apartment and townhouse -6- -7- operators must provide for recycling, effective Monday, June 7, 1993; 6) Recyelable corrugated cardboard should not be collected by City Forces as commercial disposable waste (This material is currently recyclable as a City Service) and it is noted that Christmas trees would continue to be accepted in addition to the four bags. Unlimited amounts of leaves and yard waste would be specially collected in the Fall. C~ried with Alderman Ed Sherar opposed and all others voting in fuvour. Staff to further investigate what the Town of Gananoque are presently doing and how successful the Program is, and that staff provide the article pertaining to this matter for information to Committee Members at the next Municipal Works Committed for overview purposes. MW-93-61 - Agreement with Niagara Recycling for Collection and Processing of Blue Box Waste - It was moved that a collection rate of $108 per tonne and a processing rate of $38 per tonne for the period April I, 1993 to March 31, 1994 pursuant to our agreements with Niagara Recycling and the Niagara Municipal Recycling Group. Carried with Alderman Bruce Cowan and Alderman Kim Craitor opposed and all others voting in fayour. MW-93-62 - Private Contract with Niagara Recycling - It was moved that the City of Niagara Falls private contracts with Niagara Recycling be based on the following charges A) Collection and processing of ICI recyclables $50 per totme (92/93), $50 per tonno (93/94); B) Processing of City collected apartment recyclables $55 per tonne (92/93), $40 (93194); and C) Processing of City collected old corrugated cardboard $25 per totme (92/93), $25 per totme (93194). Carried with Alderman Bruce Cowan opposed and all others voting in favour. National Postal Hockey Tournament - It was moved that the local rate for use of the City's Arenas be charged to the organizers of the National Postal Hockey Tournament. C~rried with Alderman Norm Puttick opposed and all others voting in fayour. The City Solicitor recommended that the effo-r to settle from Mr. Varhmyer in the arecure of $3,000.00 with respect to tipping fees be accepted. C~rried with Alderman Shirley Fisher, Alderman Ed Sherar, Alderman Fermino Susin and Alderman Bruce Ward opposed and all others voting in fuvour. PD-93-42 - Chief Administrative Officer - Re: Regional Policy Plan Amendment No. 67; 8310 Beaverdams Road; Contracting Business (Altieri) The report recommends that Council reaffirm its position to not support proposed Regional Policy Plan Amendment No. 67 in order that the Clerk may notify the Minister of Municipal Affairs of the same. ORDERIZD on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. F-93-17 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,064,529.96 for the period ending March 29, 1993, be approved by the passing of the by-law appearing later on the aganda. Additional information was provided on Cheque No. 85384. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar, that the report be received and adopted. Carried with Alderman Cowan having a pecuniary interest on Cheque No. 85355 and Alderman Craltor having a pecuniary interest on Cheque Nos. 85405, 85406 and 85389 as previously noted and all others voting in favour. C-93-04 - Chief Administrative Officer - Re: Lots 21 and 22, Plan M-67, Falls Industrial Park Extension. The report recommends that Council approve the r~sale of Lot 22, Plan M-67, from Canada Trust Mortgage Company to Gold Lion Development Corporation. ORDERED on the motion of Alderman Sharar, seconded by Alderman Fisher, that the report be received and adopill. C~ted with Alderman Susin having a pecuniary interest as previously noted and all others voting in fayour. CD-93-18 - Chief Administrative Officer - Re: Notice of Niagara Escarpment Commission Decision N/R/92-93/229, Giammattolo/Emergeney Discharge of Sewage Lagoon. The report recommends that the Notice of Decision from Niagara Escarpment Commission be received for information. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craltor, that the report be received and adopted. Carried Unanimously... CD-93-19 - Chief Administrative Officer - Re: Recreation Commission Appointment. The report reconunends that Council select an Appointee to fill a vacancy that has occurred on the Recreation Commission and that the Appointment be continned by the passage of an appropriate By-law at this meeting. ORDERED on the motion of Alderman Cowan, seconded by Alderman Shetar that Ken Kuhn be appointed to the Recreation Commission and the ballots be destroyed. Carried~ (See B_~law No. 93-85) S-93-15 - Chief Administrative Officer - Re: 7964 Booth Street, Land Division Consent B-472/92; Charles and Barbara Kenyeres. The report recommends that Council grant the request of Charles and Barbara Kenyeres to defer the payment of development charges in accordance with the attached agreement and the City advise the Land Division Committee that Condition No. I to application No. B-472/92 has been satisfied and further that the Mayor and Clerk be authorized to execute the attached agreement. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. (See By-law No. 93-82) S-93-16 - Chief Administrative Officer - Re: The Establishment of Part of Block P on Registered Plan N.S. 39 as part of Paddock Trail Drive. The report recommends that the by-law included on this evening's agerids for the establishment of Part of Block P on Registered Plan N.S. 39 as a public highway be passed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. (See By-l~w No, S-93-17 - Chief Administrative Officer - Re: TransCanada Pipelines Limited, Blackhorse Extension Project. The report recommends that Council authorize the execution of the attached Work Permit Agreements with TransCanada Pipelines Limited and to also authorize staff to proceed with the stopping up and closing of parts of certain unopened public highways within deemed Plan of Subdivision known as Alexander Park Plan. Car. fled Unanimously. (See Byelaw No. 93-86) RESOLUTIONS No. 39 - CRAITOR - FISHER - RESOLVED that the City of Niagara Falls submit the name of Charles Baltjes-Chataway to the Association of Municipalities of Ontario for appointment to the Ontario Training A4justment Board as the AMO representative. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -8- -9 - No. 40 - HENDERSHOT - HSHER - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvement for the year 1993, dated March 29, 1993, be adopted and presented in the total estimated amount of $2,562,650.00 for supplementary subsidy. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 41 - }lENDERSHOT - FISHER - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year t993, dated March 29, 1993, be adopted as presented in the total estimated amount of $7,135,800.00 with an estimated subsidy of $2,498,400.00. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-82 A by-law to authorize the execution of an Agreement between Charles and Barbara Kenyeres. 93-83 A by-law to establish part of Block P on Registered Plan N.S. 39 as a public highway. 93-84 A by-law to repeal By-law No. 92-I 10, being a by4aw to amend By-law No. 79-200, as amended (AM-7-92, Horizon Adventures Inc.). 93-85 A by-law to amend By-law No. 91-287, being a by-law to provide for Appointments to certain Boards, Commissions and Committees. 93-86 A by-law to authorize the execution of Work Permits with TransCanada Pipelines Limited. 93-87 A by-law to amend By-law No. 85-205, being a by-law to provide for establishing parking lots in the City. (Parking meters). 93-88 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Yield Signs, Stop Signs). 93-89 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Road (Parking). 93-90 A by-law to authorize monies for General Purposes (March 29, 1993). Carried with Alderman Cowan indicating a pecuniary interest on By-law No. 93-90 as previously noted and Alderman Craitor indicating a pecuniary interest on By-law No. 93-90 as previously noted and all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: ; 93-86 93-82 A by-law to authorize the execution of an Agreement between Charles and Barbara Kenyeras. 93-113 A by-law to establish part of Block P on Registered Plan N.S. 39 as a public highway. 93-84 AbY-law to repeal By-law No. 92-110, beingaby.law to amend By_law No. 79.200, as amended (AM-7-92, Horizon Adventares Inc.). 93-85 A by-law to amend By-law No. 91-287, being a by-law to provide for Appointments to cet*,ain Boards, Commissions and Committees. A by-law to authorize the execution of Work Permits with TransCansda Pipelines Limited. 93-87 A by-law to amend By-law No. 85-205, being a by-law to provide tbr establishing parking lots in the City. (Parking meters). 93-88 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Yield Signs, Stop Signs). 93-89 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Road (Parking). 93-90 A by-law to authorize monies for General Purposes (March 29, 1993). Carried with Alderman Cowan abstaining from the vote on By-law No. 93-90, because of a pecuniary interest as previously noted and Alderman Craitor abstaining from the vote on By-law No. 93-90, because of a pecuniary interest as previously noted and all others voting in fayour. NEW BUSINESS AMO Municipal Alert Letter ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher that the name of Charles Baltjes-Chataway be submitted for appointment to the Ontario Training Adjustment Board. Carried Unanimously. (See Resolution No. 39) Ontario Hydro Letter Alderman Puttick received an unsigned letter from a hydro worker and suggested it be placed in the Council package for the following week. Niagara Falls Human Society Mammoth Bingo ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor to authorize a mammoth bingo for the Niagara Falls Humane Society. Motion Carried with Alderman Sherar opposed and Alderman Cowan abstaining from the vote because of a conflict. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, EC TWELFrH MEETING REGULAR COUNCIL MEETING Council Chambers April 5, 1993 Council met on Monday, April 5, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Ward, who was away on business; were present. His Worship Mayor Thomson presided as Chairman. Alderman Hendershot offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the Minutes of the Regular Meeting of March 29, 1993 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cummings indicated a pecuniary interest on Report F-93-19, Cheque No. 85600, Alderman Craitor indicated a pecuniary interest on Report F-93-19, Cheque No. 85581, because his wife is employed by the Region. Alderman err indicated a pecuniary interest on Report B-93-21, because of the close proximity to her residence. DEPUTATIONS The Comnassionate l*riends of Canada Emily Vaughan, Provincial Director of Ontario for The Compassionate Friends of Canada, discussed the origins and goals of the organization; thanked members of Council for acknowledging the week of June 20 - 26, 1993 as "Compassionate Friends Week" and invited Mayor Thomson to attend at the official unveiling and celebration of the Children's Memorial on June 26, 1993, at Victoria Lawn Cemetery. His Worship Mayor Thomson thanked Mrs. Vaughan for her presentation. World University Games Alderman Gary Hendershot introduced Kathy 8canlan, who provided a brief overview of the World University Games, Buffalo 1993, which were being held from July 8 - July 18, 1993, hosting :international amateur athletes who will be competing in 12 classic sporting events. His Worship Mayor Thomson thanked Ms. Scanlan for her presentation. Social Planning Council Mr. Bill Meredith, President, Social Planning Council, introduced Jenny Rossl, Community Development Coordinator, who reviewed and provided information on a draft proposal to the government of Ontario to fund a pilot project in the Niagara Region establishing a "Business in the Community" program, and requested that Council endorse the proposal. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that Council support, in principle, the "Business in the Community" strategy. The motion Carried with Alderman Off voting contrary to the motion and with all others voting in fayour. -2- Land Division Committee Mr. Jack Collinson presented the Land Division Committee 1992 Annual Report to Council. Following some discussion, it was ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that the report be referred to staff. Carried Unanimously. COMMUNICATIONS Communication No. llla) - Township of Wainfleet - Re: Resolution. The communication indicates endorsation of Council's resolution declaring the Niagara Region an economically depressed area. Communication No. lllb) - Corporation of City of Welland - Re: Resolution. The communication indicates endorsation of Council's resolution declaring the Niagara Region an economically depressed ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that communications llla) and lllb) be received and filed for the Information of Council. Carried Unanimously. Communication No. 112 - Unsigned Letter from a Hydro Employee - Re: Misuse of funds by the Niagara Falls Hydro Commission. The communication expresses concerns respecting the misuse of funds by the Niagara Fails Hydro Commission. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the communication be received and filed for the Information of Council. Carried Unanimously. Communication No. 113 - Correspondence from Darren W. Wood, 6902 Waters Ave. - Re: Santa Claus Parade. The communication expresses interest in organizing the 1993 Santa Claus Parade; -AND - Communication No. 114 - Report from the Civic Committee. The communication provides background information regarding the Santa Claus Parade. ORDERED on the motion of Alderman Putt ck, seconded by Alderman Fisher, that the matter be referred to the Civic Committe~; and further that the correspondence be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that authorization be given to compensate Mr. Tom Jells (Commander Tom) for his participation at the 1992 Santa Claus Parade. Carried Unanimously. Communication No. 115 - Recycling Council of Ontario - Re: Declaration. The communication requests Council declare the week of October 4 - 10, 1993 as "Waste Reduction Week"; and further, to appoint a Waste Reduction Week Coordination Team to include a representative from the governmere and a local citizen to plan and execute activities and events during the week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the declaration be supported subject to established policy. Carried Unanimously. Communication No. 116 - Niagara Centre for Independent Living - Re: Declaration. The communication requests Council declare the week of May 31 - June 6, 1993 as "National Access Awareness Week". ORDERED on the motion of Alderman Craltor, seconded by Alderman Cummings, that the request be supported subject to established policy. Carried Unanimously. Communication No. 117 - City of North York - Re: Resolution. The communication requests Council support a resolution urging the Provincial and Federal Governments to worl¢ in concert to enact constitutionally sound legislation ensuring the continued protection of the community from sexually violent predators; and further endorsing the position that dangerous sex offenders should serve their entire prison term with no chance of parole. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be suppox'ted. Carried Unanimously. -3 - Communication No. 118 - Corporation of the City of Thorold - Re: Solid Waste Management Jurisdiction. The communication advises support, in principle, of Councii's resolution regarding the preferred approach of jurisdiction for waste management. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the matter be received and filed for the Information of Council. Carried Unanimously. Communication No. 119 - Ministry of Municipal Affairs - Re: Proposed Official Plan for the City of Niagara Falls. The communication provides proposed modifications to the Official Plan and requests Council to support the modified Official Plan as it relates to areas of the City not designated Rural/Agricultural. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the communication be referred to staff. Carried Unanimously. REPORTS B-93-21 - Chief Administrative Officer - Re: Ministry of Culture, Tourism & Recreation Acquisition of Properties. The report reconunends 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 filed. The motion Carried with Alderman err abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. PD-93-41 - Chief Administrative Officer - Re: Draft Plan of Subdivision 26T-920 15 Southgate Estates (Revised) Ministry of the Environment Concerns. The report recommends the following: That Council approve the attached resolution regarding the future residential development of lands on the east side of Meritrose Road, south of the Draft Plan of Subdivision known as Southgate Estates; 2. That staff be directed to initiate an Official Plan amendment on the long-term residential objectives for the area; 3. That Council direct staff to prepare a Site Plan Control By-law for the parcel of land south and adjacent to the Southgate Estates Subdivision; 4. That staff provide, in the mending By-law for Southgate, larger rear yard requirements for the single family lots which could be eftcored by an indusuial development on the lands to the south of the proposed subdivision. Communication No. 120 - Economic Development Agency - Re: Draft Plan of Subdivision Southgate Estates; Meritrose Road. The communication expresses concerns regarding permitted uses and site plan control. The Director of Planning and Development provided information respecting the Ministry of the · Environment's request respecting site plan control to assist in minimizing the effect of any industrial development which may occur adjacent to the subdivision. Mr. Anthony Sobben, 6716 Montrose Road, requested an opportunity to discuss the matter and obtain funher information. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the report be deferred in order that Mr. Sebben be provided an opportunity to meet with staff and obtain further information on the matter. Carried Unanimously. PD-93.44 - Chief Administrative Officer - Re: Action Resulting From Environmental Planning and Oreening Committee Meeting. The report recommends that Council approve the various actions resulting from the Environmental Planning and Grcening Committe~ Meeting held on March 31, 1993. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. -4 - -5- F-93-18 - Chief Administrative Officer - Re: Issuance of Debentures. The report recommends that Courtoil pass the attached resolution requesting The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as et out in the attached schedule. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted. Carried Unanimously. See Resolution No. 44 F-93-19 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $804,595.20 for the period ending April 5, 1993, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 85564; 85455 and 85566. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Cummings and Craitor abstaining from the vote on conflicts of interest previously recorded and with all others voting in fayour. See By-law No. 93-95 RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Aldermart Cowan, seconded by Alderman Hendershot, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. Adoption of the Minutes of March 29, 1993; Household Hazardous Waste - Recommended Contractor - that the appropriate Contract be prepared to provide that Laidlaw Environmental Services conduct two Household Hazardous Waste Days for the City in 1993 at their Allanpen Road Facility, at an estimated cost of $56,630 (low bid); Alderman Cummings - conflict of interest; Alderman err - contrary. MW-93-64 - Disentanglement - that the City endorse, as its position, Regional Niagara's position of non-support of the Phase I Draft Provincial-Municipal Disentanglement Agreement negotiated between the Province and A.M.O.; and the City's position on the Draft Disentanglement Agreement be forwarded to A.M.O. prior to April 7, 1993; MW-93-69 - Access Across Lands of T.G. Bright & Co., Limited (North of C.N.R. right-of-Way, East of Mewburn Road) for Installation of 3 New Landfill Monitoring Wells Immediately North of Landfill within C.N.R. Right-of-Way - that authorization be granted to execute an Agreement between the city and T.G. Bright & Co., Limited for access across their lands (north of C.N.R. Right-of-Way, east of Mewburn Road) for the installation of three new landfill monitoring wells immediately north of the landfill within the C.N.R. Right-of-Way. Alderman Puttick - opposed. C~rried RESOLUTIONS NO. 42 - CUMMINGS - JANVARY - RESOLVED that the Council of the City of Niagara Falls, on the fifth day of April, 1993, agreed that June 5 to June 12, 1993 be designated as Environment Week in the City of Niagara Falls; and WHEREAS Environment Week 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 any activities planned for Environment Week; NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City of Niagara Falls, the week of June 5 to June 12, 1993 is hereby proclaimed as Environment Week in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 43 - CUMMINGS - SHERAR - RESOLVED that the Council of the City of Niagara Falls, on the fifth day of April 1993, agreed that April 22, 1993 be designated as Earth Day 1993 in the City of Niagara Fails; and WHEREAS more than 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; 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 The public is encouraged to participate in any events planned for Earth Day 1993 by local environmental groups; and NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City, the day of April 22, 1993 is hereby proclaimed as Earth Day 1993 in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 44 - HENDERSHOT - CUMMINGS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: AUTHORIZING O.M.B. BY-LAW NUMBER NUMBER FINANCING RETIREMENT REOUEST TERM 91-262 E911629 $1,000,000 I0 Years 92-91 E920341 105,000 10 Years 91-308 E920009 80,000 10 Years 91-253 E911590 200,000 10 Years $1,385,000 AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: A by-law to amend Schedule 28 of By-law No. 76-102, as amended, being a Schedule in respect of the fees for licences. 93 -92 A by4aw to amend By-law No. 79-200. (AM3/93, Niagara River Construction) 93-93 A by-law to amend By-law No. 85-238, Site Plan Control (AM3/93, Niagara River Construction). 93-94 A by-law to authorize an agreement between the City and T.G. Bright Ltd. for access across their property north of C,N.R. line adjacent to tandrill. 93-95 A by-law to authorize monies for General Purposes (April 6, 1993). The motion Carried with Aldermen Craitor, Cummings, abstaining from the vote on By-law No. 93-95 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by- laws be now read a second and third time: A by-law to amend Schedule 28 of By-law No. 76-102, as amended, being a Schedule in respect of the fees for lieences. ...6 LI -6- -7 - 93 -92 A by-law to amend by-law No. 79-200. (AM3/93, Niagara River Realty) 93-93 A by-law to amend By-law No. 85-238, Site Plan Control (AM3/93, Niagara River Realty). 93-94 A by-law to authorize an agreement between the City and T.G. Bright Ltd. for access across their property north of C.N.R, line adjacent to landfill. 93-95 A by-law to authorize monies for General Purposes (April 6, 1993). The motion Carrill with Aldermen Cruller, Cummings, abstaining from the vote on By-law No. 93-95 on conflicts of interest previously noted and with all others voting in layout. NEW BUSINESS Habitat for Humanity Alderman Puttick referred to the presentation made for Habitat for Humanity Niagara at the March 291h Council meeting and to a Kitehonor newspaper article indicating land had been sold at cost to the organization. Alderman Puttick requested that this matter be considered by staff when preparing their report. Beautificatlon of City Streets Alderman Puttick discussed the beauti~cation of Clifton Hill/Bender Hill (Victoria and Centre Streets) through the use of hanging flower baskets, fencing. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot that a report be brought back from staff regarding the beautification of city streets. Carried Unanimously. Sidewalk Conditions Alderman Craitor informed the Director of Municipal Works that there were unsafe sidewalk conditions at the corner of Gladstone and Peer Streets and requested that the matter be looked into. Welcome Back His Worship Mayor Thomson welcomed Alderman Pat Cummings back to Council. Alderman Cummings expressed appreciation to members of Council and staff for the cards and plants he had received during his r~ent convalescence. Alderman Cummings also expressed appreciation for the provision of a ramp to accommodate his wheelchair in Council Chambers and indicated that all municipal buildings should be accessible to the handicapped. Council Meetln~,~ Alderman Cummings referred to the televised Council meetings and the sound quality in Council Chambers. His Worship Mayor Thomson discussed the need for Council members to speak more clearly and conciseiy, due to the faulty public address system in Council Chambers. Scott/Drummond Road Alderman Shetar requested and was provided with an update respecting the Scott/Drummond Road townhouse project. Niagara Falls Licenee Plates Alderman Headershot discussed the matter of personalized lieonce plates displaying Niagara Falls and advised this undertaking could be a means of mobile advertising for Niagara Falls. ORDERED on the motion of Alderman Headershot, seconded by Alderman Craitor, that letters requesting support for the concept of a Niagara Falls licenee plate be forwarded to the Hen. Gilles Pouliot, Minister of Transportation; the Visitor and Convention Bureau and the Niagara Region Tourist Council. Carried Unanimously. Surveillance Cameras Mayor Thomson addressed the ongoing street prostitution problems in Niagara Falls and indicated~' that a committee had been formed by the City's concerned citizens, the business community and law enforcement officials to come up with ideas and solutions to this ongoing problem. Mayor Thomson requested approval to obtain continuous scan video cameras for the surveillance of certain problem areas. ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor, that Council approve the acquisition of two continuous scan surveillance cameras. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the meeting be adjourned. Carried Unanimously. READ AND ADOFrED, THIRTEENTH MEETING COMMITTEE OF THE WHOLE Co~nmittee Room//2 April 19, 1993 Council met on Monday, April 19, 1993 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cowan, who was away on business, were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, E. C. WAGG, CITY CLERK PLANNING MEETING Council Chambers April 19, 1993 Council met on Monday, April 19, 1993 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 away on business, were present. His Worship Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cummings indicated a pecuniary interest on Report F-93-20, Cheque No. 85824, because his wife is employed by the organization. Alderman Fisher indicated a pecuniary interest on Report MW-93-77, due to the nature of her employment. Alderman Ward indicated a pecuniary interest on the Official Plan Amendment Application No. 203, because he has a business interest. PLANNING MATTERS PD-93-46 - Chief Administrative Officer - Re: Zoning By-law Amendment, AM-4/93; Marie tarrate; East Side of St, Paul Avenue. The report recommends the following: 1. That Council support the application to amend the City's Zoning By-law to permit a golf driving range to be established on the L. St. Areand Sandpit; 2. That the amending by-law reflect the development as proposed, including the temporary structure which is to house various ancillary uses; 3. That the lands be made subject to Site Plan Control to ensure the site is developed in a sensitive manner. ...2 -2 ~ -3 - - AND - Communication No. 120 - Regional Niagara, Planning & Development Department. communication advises as having no objections to the approval of the zoning amendment. The Communication No. 121 - LosIcy M.S. Taylor, Consulting Geologist. The communication provides the following comments on behalf of the owners of the Halfway Sand Pit: 1) That the present use of the area is largely aggregate extractions and the protection of this use must be a primary concern; and 2) that the onus must be on the applicant to protect the present neighbouring land uses, such as conditions to the amendment, and setbacks, betins, tree screens etc. within the applicant's own property boundaries. Communication No. 122 - The Corporation of The Town of Niagara-On-The-Lake. The communication advises as having no objection to the proposed zoning by-law amendment. Communication No. 123 - CN - Engineering Services. Tb.e communication requests that the zoning By-law amendment include a minimum building setback of 120m, or 30m in conjunction with a 2.5m safety betre, from the railway right-of-way is required for any building which promotes public assembly; that the applicant install and maintain, at his own expense, a chain link fence of minimum 1.83m height along the mutual property line; that any proposed alteration to the existing drainage pattern afti~cting raitway property must receive prior concurrence from the railway and be substantiated by a drainage report to the railway; that starface runoff from the site onto railway property must be constrained to pro- development levels under Regional or 100 year storm conditions, which ever is most severe. Communication No. 124 - Ministry of Natural Resources. The communication advises as having no objection to the rezoning for the purpose of a driving range, and indicates the sandpit operation will not cease on the property. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notices of the Public Meeting had been forwarded, by mail to all persons required by the regulations on March 19, 1993. His Worship Mayor Thomson received indication that Mr. Fred Paul, Consultant, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who wore interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-40; Planning Review; Background; Physical Assessment; Nature of the Zone Change; Site Plan Control; and the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Mr. Fred Paul, Consultant, Hynde, Paul & Associates, advised that the establishntent of the golf driving range was an interim land use until the ultimate use of the lands was determined. Mr. Paul indicated that the proposed structure was to house a teaching facility, and a golf pro shop; and that Kathy Sherk, a renowned international golfer, was one of the proponents in the application. The Director of Planning and Development responded to questions respecting site plan control, to ensure that matters concerning lighting, fencing, grading parking emrances and servicing are addressed, Since no further comments were forthcoming, His Worship Mayor Thomson declared the Poblic Meeting with regard to Application AM4193 closed, ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted, Carried Unanimously. ...3 ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shefar, that the communications be received and filed. Carried Unanimously. PD-93-47 - Chief Administrative Officer - Re: Zoning By-law Amendment Applicat on AM-I/93, John Burns, 5091 Roberts Street. The report recommends the following: That Council support the application to amend the City's Zoning By-law to allow a tourist home, more commonly known as a bed and breakfast establishment, to be operated from the dwelling known as 5091 Roberrs Street; 2. That the amending by-law recognize the size and location of the existing dwelling and include a provision which specifies that a maximum of 2 rooms may be rented to tourists; 3. That matters such as parking and drainage be addressed to the satisfaction of the Building & Inspections Department prior to the approval of the amending by-law. - AND - ~ Communication No. 125 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notices of the Public Meeting had been ti~rwarded, by mail to all persons required by the regulations on March 19, 1993. His Worship Mayor Thomson received indication that Mrs. Mary Ann Burns was in attendance; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-43; Planning Review; Background; Official Plan; Nature of the Zone Change; Liceheine; and Public Notifcation Process. His WOrship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Mrs. Burns provided information respecting the historical aspects of Bed and Breakfast establishments in the area and requested Council's consideration of the application. Discussions were held regard ng parking spaces; maneuvering room of vehicles; and the egress and ingress of vehicles onto Highway 420. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-I/93 closed. ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that the communications be received and filed, Carried Unanimously. ' PD-93-49 - Chief Administrative Officer - Re: Official Plan Amendment Application No. 203; St. David's Developntent Corporation (N. Walker) Northwest Corner of Mountain Road & St. Paul Avenue, The report recomntends the following: -4 - -5 - That Council support the application to amend the City's Official plan to permit those residential development opportunities which currently exist on top of the bank to be extended below the bank; That the proposed amendment include specific policies to ensure that all of the lands are developed in an environmental ly sensitive manner and that a high degree of land use compatibil ity is achieved; That any concerns raised at the public meeting be addressed at the appropriate stage of the development approval process. = AND - Communication No. 126 - Niagara Peninsula Conservation Authority. The communication advises as having no objections to the proposed amendment. Communication No. 127 - Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the amendment subject to the provision of adequate municipal services as noted in the comments of the Regional Public Works Department. Communication No. 128 - Regional Niagara, Public Works Department. The communication provides comments with respect to sanitary sewers; upgrading of water supply; employment of storm water management techniques; acceptable approach grade of the street intersection; provision of a left turn storage lane on St. Paul; municipal services to be provided under the aegis of the City of Niagara Falls including a sewage pumping station. Communication No. 129 - Ministry of Natural Resources. The communication advises that the redesignation of the site would require the following: 1) That restoration of the property in accordance with the Aggregate Resources Act; 2) that the existing licenee must be cancelled prior to the redesignation of this property. Communication No. 130 - Ministry of Natural Resources. The communication advises the redesignation of the proposed property will be permitted prior to the cancellation of the aggregate license, with the rehabilitation and restoration of the site still a requirement. Communication No. 131 - Mr. John Broderick, Bredcrick, MarineIll, Amadio, Sullivan & Rose. The communication advises that the firm of Bredcrick, Marineill, Amadio, Sullivan & Rose have been retained to act for the residents of Calaguiro Subdivision. Communication No. 132 - Kathryn Thompson, 6425 January Drive. The communication expresses concerns respecting the removal of mature trees and changes to the natural area; and the increase in density. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advisetl that the Notices of the Public Meeting had been advertised in the Niagara Falls Review on March 19, 1993. His Worship Mayor Thomson received indication thin Mr. Duncan Maefarlane, Solicitor, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He reque.4ted that all persons wishing to receive further notice of the passage of the by-law submit their names and. addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-45; the Nature of the Official Plan Amendment; Servicing; Urban Area and bleighbourhood Expansions; and Public Notification Process. ..,5 His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. Mr. John Broderick, Solicitor, on behalf of the residents of Calaguiro Subdivision, expressed the tbllowing concerns: proposed density; direct traffic access to St. Paul Street; and the proposed number of units. Mr. Broderick proposed the following changes and additions to the recommendations with respect to Appendix "A", Item 2(ill)Co): "that high density development be located adjacent to St. Patit Street and the C.N.R. tracks"; and also Item 2(iii)(e): "that the overall gross density of the site shall not exceed 11 units per hertare. The Director of Planning and Development indicated if concerns regarding the orientation of low and high density development was a concern, these concerns could be addressed at the appropriate time during the development approval process. Mr. Duncan Macfarlane, Solicitor and Mr. Glen Barker, Miller, O'Dell, discussed the "developlnent concept" of the project and indicated that since the density had been significantly reduued there would be no negative impact on the Calaguiro Subdivision. They stated that the panoramic view of the lake and countryside would not be obstructed through step contouring of building heights; referred to the landscaping treatments; roof designs; the proposed overall density of the units; street planning and looking at ways of minimizing traffic onto St. Paul Street. Discussions were held regarding notification of the residents of the proposal; size of proposed units; sewage disposal; and traffic in~ltrating the neighbourhood. The Director of Municipal Works advised that the sanitary sewer system and the Pollution Control Plant had the capacity to handle the flows generated by the proposed development and that the developer would pay the complete costs. Mr. Dents Sunstrum, 6295 Moreira Drive, advised he had not been notified of the meeting and expressed concerns respecting the proposed 5 storey, 60 foot apartment building obstructing the view of the lake. It was explained to Mr. Sunstrum that in the case of Official Plan Amendments, notification takes place by advertisement in the newspaper. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the Official Plan Amendment No. 203 be deferred until the various concerns can be discussed. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the communications be received and filed. Carried Unanimously. His Worship Mayor Thomson adjourned the Public Meeting with regard to Official Plan Amendment Application No. 203 to a future date, in order that the various concerns can be addressed. MISCELLANEOUS PLANNING MATTERS PD-93-48 - Chief Administrative Officer - Re: Proposed Modifications to the City's New Official Plan. The report recommends the following: That Council adopt a resolution supporting the modifications as outlined in the April 1, 1993 letter submitted by the Ministry of Municipal Affairs and advise the Ministry accordingly; That Council request the Ministry of Municipal Affairs to continue and work with the Ministry of Agriculture and Food and the City to resolve the issues concerning the Rural/Agricultural designation. ...6 -6 - - 7 ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See Resolution No. 45 Communication No. 137h) - Township of West Lincoln, Office of the Clerk - Re: Waste Management Jurisdiction. The communication advises that the Township of West Lincoln does not endorse, at this time, the preferred approach for the transfer of waste management jurisdiction, without further study relative particularly to financial impact, transition arrangements and jurisdictional responsibilities. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the minutes of the Regular Council meeting of April 5, 1993 be adopted as printed. Carried Unanimously. COMMUNICATIONS Communication No. 132 - Marlneland of Canada Inc. - Re: Exotic Animal By-law. The communication expresses concerns with respect to the proposed Exotic Animal By-law and indicates there is no need to legislate another governing body for zoos and aquariums. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the matter be referred to staff. Carried Unanimously. Communication No. 137c) - Fort Erie, Port Colborne Board of Management - Re: Waste Management Jurisdiction. The communication advises the Board does not support Council's resolution on waste management jurisdiction, due to insufficient information. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the communications be received and filed for the information of Council Carried Unanimously. Communication No. 138 - City of St. Catharines and Communication from the Coalition for the Safety of Our Daughters - Re: Federal Initiatives to Combat Video Violence and Serial Killer Cards. The communication requests Council support two initiatives being suggested at a Federal level: 1) proposing that the Criminal Code obscenity laws be broadened to include "the undue exploitation of crime, horror, or cruelty, and violence that is degrading and dehumanizing, even if it contains no sexual element", and 2) to find a way to reduce the availability of violent videos. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the initiatives be supported. Carried Unanimously. Communication No. 133 - Kiwanis Music & Dance Festival - Re: Proclamation. The communication requests Council proclaim April 19th to April 30th, 1993 as "Music and Dance Festival Weeks" in Niagara. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the request be approved subject to established policy, Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, to request that the By-law Enforcement relax it's diligence in parking enforcement during the period of April 19, 1993 to April 30, 1993 in recognition of the Kiwanis Music & Dance Festival. Carried Unanimously. Communication No. 134 - Protect Our Water & Environmental Resources (P.O.W.E.R.) - Re: Landfills on the Niagara Escarpment. The communication requests Council consider a motion which supports the protection of the Niagara Escarpment from landfills. Please note that Council's position regarding the matter was covered in objections to the Niagara Escarpment Planning and Development Amendment 52-89. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the matter be referred to staff. Carried Unanimously. Communication No. 135 - Niagara District Airport Commission - Re: 1992 Auditor's Report. The communication provides information on the Niagara District Airport Commission's Financial Statements. ORDERE~D on the motion of Alderman Puttick, seconded by Alderman Hendershot, that .the request be received and filed for the information of Council. Carried Unanimously. Communication No. 136 - Township of West Lincoln - Re: Resolution, The communication advises support of Couneil's resolution d~claring Niagara Region as an Economically Depressed Area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the requ~t be received and filed for the information of Council, C.~rried Unanimously. Communication No. 137a) - Wainfleet, Welland Waste Management Master Plan - Re: Waste Management Jurisdiction, The communication indicates Council's resolution regarding the transfer of waste management jurisdiction to Regional Niagara was received and filed. ,.,7 Communication No. 139 - City of Waterloo; City of Cambridge: City of Kitchener - Re: 1993 Ontario Parks Association Training Institute and Annual Meeting. The communication invites members of Council and staff to attend the 1993 Ontario Parks Association Training Institute being held July 21, 22, and 23, 1993. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the request be received and filed for the information of Council. Carried Unanimously, Communication No. 140 - City of Hamilton - Re: Resolution. The communication requests Council endorse a resolution requesting the C.R.T.C. to either withdraw all charges that currently apply to inhibit "976" calls, or, only provide access to 976 services via the use of a Bell Calling Card. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the request be supported. Carried Unanimously. Communication No. 141 - The Northeastern Wildlife Art Exposition - Re: Art Exposition, The communication provides information regarding the Northeastern Wildlife Art Exposition to be held in Niagara Falls, New York from April 23rd to 251h, 1993. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the request be received and filed for the information of Council. Carried Unanimously. Communication No. 142 - City of Toronto - Re: Provincial Unit Price (MUP) Policy for Socially Assisted Housing Report. The communication requests Council endorse the action of requesting the Provincial Government to implement its exiting policy in support of minimal life-cycle costs for social housing by changing its criteria for social housing to acknowledge both minimal capital costs as well as minimal operating and maintenance costs. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the matter be referred to the Mayor's Committee on Housing. Carried Unanimously. REPORT~ B-93-20 - Chief Administrative Officer - Re: The Build ings& Inspections Department Report for March 1993. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Sherat, seconded by Alderman Fisher, that the report be received and filed. Carried Unanimously, -8- B-93-22 - Chief Administrative Officer - Re: Site Plan Approval; 4564 Meritrose Road. The report recommends that Council approve the subject Site Plan for an existing industrial development pursuant to Section 41 of the Planning Act, comprising of the Site Plan being drawing number one. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. B-93-23 - Chief Administrative Officer - Re: 8057 Kensington Court; By-law 83-101. The report recommends that the Corporation hire a contractor to forthwith drain and fill-up the vacant lot known as 8057 Kensington Court (Lot 102, plan M61). ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. B-93-24 - Chief Administrative Officer - Re: Contribution to Tourism. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and filed. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, to reaffirm Council's decision to provide $510,000 to the Niagara Falls Visitor Convention Bureau. Carried Unanimous!y. MW-93-70 - Chief Administrative Officer - Re: 1993 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 $26,126.95 be accepted based on grand total prices tendered. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-93-71 - Chief Administrative Officer - Re: 1993 Capital Budget Infrastructure Improvements. The report recommends that the by-law for Thorold Stone Road, from 285m west of Kalar Road to Montrose Road, for infrastructure improvements, be given three readings and be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously, ~ See By-law No. 93-100 MW-93-72 - Chief Administrative Officer - Re: Contract 93-02; 1993 Sidewalk Repairs. The report recommends that the unit prices submitted by the low tendefer, A, Poulin Curb Construction Ltd. be accepted and that the by-law appearing on tonight's agenda, be passed awarding this contract. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cruller, that the report be received and adopted. Carried Unanimously, See By-law No, 93-99 MW-93-73 - Chief Administrative Officer - Re: Contract 93-04; Asphalt Patching. The report recommends that the unit prices submitted by the low tendefer, Norjohn Ltd., be accepted for the above contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Cummings, sf. onded by Alderman Hendershot, that the report be received and adopted, Carried Unanimously, See By-law No, 93-98 MW-93-77 - Chief Administrative Officer - Re: Developmere Charges Study Review. Th0 report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, the report be received and filed. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour, ...9 -9 - RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. 1. Adoption of April 5, 1993 Minutes. Report MW-93-74 - Gallinger Street Storm Sewer - that Provincial Construction be retained to carry out the installation of a storm sewer on Gallinger Street from the Kent Avenue reservoir to Montrose Road, at a cost of $69,009.79. Report MW-93-76 - Equipment Storage Shed - that the existing storage shed be demolished immediately. Report MW-93-51- New Equipment Tender - Municipal Works Department - that permission be granted to staff to arrange for the advertisement of Tenders for the 1993 New Vehicle Equipment purchases. Report MW-93-63 - Expansion of Recycling Program to Include H .D.P.E. Plastic Bottles - that H.D.P.E. plastic bottles and jugs be added to the Recycling Program in the City of Niagara Falls; and that staff be authorized to purchase two (2) recycling trucks from Walinga Inc. for a total sum of $203,828.30 (net cost after Ministry of the Environment Grant $131,159.31). Report MW-93-75 - Tipping Fee for Compostable Yard Waste ~ that the Tipping Fee for compostable yard wastes be increased to $55/tonne. Report MW-93-81 - Landfill Rental Equipment -that staff be authorized to call tenders for the rental of one Front End Loader with Operator to be used at the Mountain Road Landfill Site. Alderman Susin opposed. Carried F-93-20 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $133,665.82 for the period ending April 12, 1993 and the accounts totalling $660,382.71 for the period ending April 19, 1993, be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque Nos. 85475; 85773 and 85779. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. See By-law No, 93-102 See By-law No. 97,-103 L-93-18 - Chief Administrative Officer - Re: Human Rights Complaint; Heritage Front Niagara. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and filed. Carried Unanimously. CD-93-20 - Chief Administrative Officer - Re: Niagara Peninsula Labour Council's and Niagara District Injured Workers National Day of Mourning. The report recommends that April 28, 1993, be proclaimed as Labour's Day of Mourning in Niagara Falls, subject to established policy and that Council support the efforts of the Niagara Peninsula Labour Council's and Niagara District Injured Workers National Day of Mourning Committee as outlined in the attached correspondence. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cruller, that th~ report be received and adopted. Carried Unanimously. - 10 - RATIFICATION OF COMMITlEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the following correspondence by the Committee of the Whole, earlier this evening, be approved. 1. That the correspondence in the matter of an arbitration decision between The Corporation of the City of Niagara Falls and the Niagara Falls Professional Fire Fighters' Association regarding the matter of a policy grievance with respect to a reduction in on-duty staffing be received and filed for the information of Council. Carried Unanimously. RESOLUTION NO. 45 - HENDERSHOT - WARD - RESOLVED that the Council of the City of Niagara Falls endorses the modifications to the Official Plan as outlined in the April 1, 1993 correspondence of the Ministry of Municipal Affairs and further that the positions outlined in Report PD-93-48 are also endorsed. AND the Seal of the Corporation be hereto affixed. Carried Unanimous]y. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-96 A by-law to amend Bydaw 79-200, as amended (AM-18-92, Altieri Building Supplies). 93-97 A by-law to amend By-law 85-238, Site Plan Control (AM-18-92, Altieri Building Supplies). 93-98 A by-law to authorize the execution of an agreement for Norjohn Limited for asphalt patching. 93-99 A bydaw to authorize the execution of an agreement with A. Poulin Curb Construction Ltd. for 1993 sidewalk repairs. 93-100 A by-law to authorize infrastructure improvements of the roads on Thetold Stone Road from Kalar Road to Montrose Road as an improvement and extension on the sewage system in the urban service areas of the City. 93o101 WITHDRAWN 93-102 A by-law to authorize monies for General Purposes (April 12, 1993). 93-103 A by-law to authorize monies for General Purposes (April 19, 1993). The motion Carried with Alderman Cummings abstaining from the vote on by-law no. 93-103 on a conflict of interest previously recorded and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by- laws be now read a second and third time: 93-96 A by-law to amend By-law 79-200, as amended (AM-18-92, Altieri Building Supplies). 93-97 A by-law to amend Bydaw 85-238, Site Plan Control (AM-18-92, Altieri Building Supplies). 93-98 A by-law to authoriz~ the execution of an agreement for Norjohn Limitat for asphalt patching. ...1t ' - 11 - 93-99 A by-law to authorize the execution of an agreement with A. Poulin Curb Construction Ltd. for 1993 sidewalk repairs. 93-100 A by-law to authorize infrastructure improvements of the roads on Thorold Stone Road from Kalar Road to Meritrose Road as an improvement and extension on the sewage system in the urban service areas of the City. 93-101 WITHDRAWN 93-102 A by-law to authorize monies for General Purposes (April 12, 1993). 93-103 A by-law to authorize monies for General Purposes (April 19, 1993). The motion Carried with Alderman Cummings abstaining from the vote on bydaw no. 93-103 on a conflict of interest previously recorded and with all others voting in fayour. NEW BUSINESS Recognition or PortaRe Road Alderman Puttick stated that in henour of the 100th Anniversary of Ontario Good Roads next year an Ontario road will be selected and designated as an historical road. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherar, that the Special Assignments Co-Ordlnator be requested to contact Mr. Dan Zakula of the Ontario Good Roads Committee, suggesting that Portage Road be considered for recognition, Car. ried Unanimously. ToppinR-Up Income Alderman Puttick requested information with respect to the "topping-up" of self employment income with welfare funds. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the Chief Administrative Officer provide a verbal report on the matter. Carried Unani.mously. Municipal Gas Alderman Ward requested further information with respect to correspondence received from Municipal Gas Corporation. The City Solicitor suggested that tha municipality not participate in private enterprise projects. Committee of Adjustment Circulation ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that a report be brought back to Council regarding the circulation of Committee of Adjustment applications. ,Carried Unanimously. Mayor's Office Furniture Alderman Cummings referred to the state of the Mayor's office furniture and suggested that staff investigate the possibility of obtaining new furniture for the Mayor's office. His Worship Mayor Thomson declined the suggestion, citing difficult economic times. - 12 - It was moved by Alderman Germano, seconded by Alderman Ward, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON FOURTEENTH MEETING REGULAR COUNCIL MEETING Council Chambers April 26, 1993 Council met on Monday, April 26, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Craltor, who was away due to a death in the family, were present. His Worship Mayor Thomson presided as Chairman. Alderman Fisher offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the Minutes of the Planning and Regular Council Meeting of April 19, 1993 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Aldermen Hendershot and Janvary indicated pecuniary interests on Report F-93~21, Cheque No. 86047, and Communication No. 44a) because Niagara South Board of Education is their employer; and Communication No. 44b) because they are teachers. Alderman Cowan indicated a pecuniary interest on Report F-93-21, Cheque No. 86017, because his employer is the recipient. Alderman Cummings indicated a pecuniary interest on Report F-93-21, Cheque No. 86045, because his wife is employed by the organization. Alderman Germano indicated a pecuniary interest on Communication No. 44b) because her daughter is employed by the Welland County Roman Catholic Separate School Board. DEPUTATIONS Friends of Stamford Village Committee Mr.'Paul Brennan provided a brief history on the establishment of Friends of Stamfurd Village Committee and indicated the Committee was attempting to revive Stamford Village as an historical area. Mr. Brennan requested Council's consideration to erect signs stating "Stamford Village" at each intersection bordering the area, Mr. Brennan informed the existing street signs are white on a green background and suggested that the proposed Stamford Village signs be green on a white background. His Worship Mayor Thomson thanked Mr. Brennan for his presentation. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that the matter be referred to staff. Carried Unanimously. Niagara Falls Humane Society Shelter Expansion Miss Irene Murray referred to correspondence from the Niagara Falls Humane Society and expressed the following concerns respecting proposed boarding facilities to be built at the Niagara Falls Humane Society: funding; possible grants; tax breaks; service contracts; and bequests for building Mis .,.2 -2- The City Solicitor stated the Humane Society has an independent Board and that City Council cannot intercede in such matters; and further that the City contracts with the Humane Society to perform certain services. His Worship Mayor Thomson thanked Miss Murray for her presentation. Alderman Cowan stated there were four main reasons for expansion of the shelter as outlined in their correspondence and indicated the Humane Society more than welcomed her attendance at a Board meeting to address her specific concerns. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that a copy of Mr. Murray's specific concerns be brought to the next Niagara Falls Humane Society Board meeting in order that those concerns can be addressed. Carried Unanimously. COMMUNICATIONS Communication No. 143a) - Project S.H.A.R.E. - Re: 1992 Annual Statistical Report. The communication provides information on the various services and programs provided. Communication No. 143b) - Action Survey. The communication provides a profile of a Project S.H.A.R.E. Consumer. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that communications be received and filed for the Information of Council. Carried Unanimously. Communication No. 144a) - Niagara South Board of Education - Re: Destreaming. The communication provides comments on the establishment of destreaming initiatives. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the correspondence be received and filed for the Information of Council. The motion Carried with Aldermen Hendershot, Janvary abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. Communication No. 144b)- Welland County Roman Catholic Separate School Board - Re: Decstreaming. The communication provides comments on the concept of alestreaming which impacts on students at the grade 9 level. ORDERED on the motion of Alderman Cummings, seconded by Alderman FiSher, that communication be received and filed for the information of Council. The motion Carried with Aldermen Garmano, Hendershot and Janvary abstaining from the vote on conflicts of interest previously noted; Aldermen Puttick and Sherat voting contrary to the motion and with all others voting in favour. Communication No. R5 - Greater Niagara Ministerial Association - Re: Gambling Casinos. The communication expresses objections to the establishment of a gambling casino in the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed for the information of Council; and further that a copy of the communication be forwarded to Team Niagara Tourism and to the Visitor and Convention Bureau. Carried Unanimously, Communication No. 146 - Corporation of the City of Welland - Re: Resolution. The communication requests Council support a resolution regarding a proposal of the Cities of Port Colborne and Welland to develop a world class regatta facility for rowing and canoeing on the existing South Niagara Rowing Club. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that Council supports the efforts of the Cities of Welland and Port Colborne to develop a world class facility for rowing and canoeing on the existing South Niagara Rowing Club facility. The motion Carried with Alderman Puttick voting contrary to the motion and with 'all others voting in fayour. -3 - Communication No. 147 - Town of Pelham - Re: Waste Management Jurisdiction. The communication indicates that the Board of Management's position that waste management jurisdiction remain with the 4 municipalities be adopted. ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 148 - The Corporation of the City of Burlington - Re: Adult Video By-law. The communication requests Council support a motion of providing municipalities with the legislative authority to prohibit the distribution (sale and/or rental) of adult sex films within their municipalities on the basis of community standards. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the request be supported. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in fayour. Communication No. 149 - Village of Belcarra, British Cnlumbia - Re: Resolution. The communication requests Council endorse a resolution requesting the Solicitor General of Canada to review the current Young Offenders Act, for the purpose of identifying needed changes to improve the Act. ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that the request be supported. Carried Unanimously. Communication No. 150 - United Way of Niagara Falls - Re: Sixth Annual Corporate Challenge. The communication requests a special occasion permit for the Jack Bell Arena on Friday, June 4, 1993. ORDERED on the motion of Alderman Germano, seconded by Alderman Cummings, that the request be supported. Carried Unanimously. Communication No. 151 - Croatian Democratic Union (Niagara) - Re: Raising the Croatian Flag. The communication requests that the Croatian Flag be allowed to be raised with the Canadian Flag from May 28, 1993 to May 31, 1993 representing the establishment of a democratically elected government in the Republic of Croatia. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the request be approved. Carried Unanimously. Communication No. 152 -.Campaign Life Coalition - Re: Proclamation. The communication requests Council proclaim May 9th to May 16th, 1993 as "Respect for Life Week". ORDERED on the motion of Alderman Orr, seconded by Alderman Germano, that the request be approved subject to established policy. The motion Carried with Aldermen Cowan and Hendershot voting contrary to the motion and with all others voting in favour. Communication No. 153 - Ontario Nurses' Association - Re: Proclamation. The communication requests Council proclaim May 10th to May 16th, 1993 as "Nurses Week". ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. REPORTS, B-93-25 - Chief Administrative Officer - Re: 1993 Quotations for Mowing of Private Lots and for Chemical Weed Control. The report recommends that Council approve the low quotations appearing in this report and authorize staff to enter into an agreement with the following bidders: a) Niagara Commercial Cutting for mowing private lots and, b) Chemlawn Limited of St. Catharines for chemical weed control, which is required by Provincial law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. -4 - -5 - B-93-26 - Chief Administrative Officer - Re: Speaker System - Council Chambers. The report recommends that Council authorize staff to replace the existing microphones with sixteen (16) new goose- neck type mikes at an estimated cost of $800.00. ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW-93-86 - Chief Administrative Officer - Re: Contract 91-113; Mewburn Road Watermain from Mountain Road to the City's North Boundary. The report recommends that the unit prices submitted by the low tendeter, Niagara Excavating & Construction Ltd. be accepted and the contract awarded to this Firm, subject to finalization of cost sharing arrangements with abutting property owners. ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. MW-93-87 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Recommendations; April 13, 1993 Meeting. The report recmnmends the following: Parking, Problems on Westwood Street {MW-93-65) - That "Playground Advance" signs be installed in advance of Gustavus Monte Park for motorists eastbound and westbound on Westwood Street. Parking Problem on Summer Street (MW-93-66) - That parking be prohibited at all times on the south side of Summer Street, from Lowell Avenue to a point 50 meters east. Traffic Concerns on Rolling Acres Drive and Vicinity {MW-9367~ - That l) a yield sign be installed for westbound motorists on Rolling Acres Crescent, south access, at Rolling Acres Crescent, north access; 2) that a yield sign be installed for eastbound motorists on Rolling Acres Crescent, south access, at Rolling Acres Drive; 3) that a yield sign be installed for eastbound motorists on Rolling Acres Crescent, north access, at Rolling Acres Drive; 4) that a stop sign be installed for westbound motorists on Waterloo Drive at Rolling Acres Drive; 5) that a stop sign be installed for southbound motorists on Varsity Avenue at Oxford Street; 6) that a stop sign be installed for northbound motorists on Varsity Avenue at MeGill Street; 7) that delineation be provided for eastbound motorists on Rolling Acres Crescent, approaching the divergence of the north access/south access on Rolling Acres Crescent. Parking Problem on Lorne Street - that parking be restricted on the north side of Lorne Street from MacDonald Avenue to Slater Avenue. Ramada Coral Inn - Fatality lnvesti~,ation - That Council's previous endorsation, at its meeting of July 27, 1992, of the Ramada Coral Inn's request (letter attached) for the Region of Niagara to investigate the fatality be re-affirmed and; 2) that the Region of Niagara be requested to provide a Status Report back to the City. ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously, MW-93-90 - Chief Administrative Off~cer - Re: Contract 93-09; Crack Sealing. The report recommends that the unit price submitted by the low tendeter, Tykes Road Preservers, division of Stevensville Lawn Service Inc. be accepted for the above contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. MW-93-91 - Chief Administrative Officer - Re: Tender for Tree Spraying Insect Control. The report recommends that Davey Tree Expert Co. of Canada be retained at a cost of $75.48 per hour for the spraying of Gypsy moth and other insect infestations of trees. ORDERED on thn motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously, ...5 MW-93-92 - Chief Administrative Officer - Re: Regional Tender 93-T-04 Granular Materials. The report recommends that the Supply of Granular Materials listed below, be awarded as outlined on the attached summary sheets. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMITFEE ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. Adoption of April 19, 1993 Minutes with the inclusion of the noted amendments: Report MW-93-82 - Habitat for Humanity Niagara, Alderman Susin advised that he stated at that meeting he was not in fayour of providing Habitat with the land transfer, free of charge; Report MW-93-51 - New Equipment Tender - Municipal Works Department, Alderman Susin advised he had suggested that it would be cheaper to have the piece of equipment and Operator hired out from the Rental Tender to create a significant savings to the City; Report MW-93-81 - Landfill Rental Equipment, Alderman Susin advised he did not state that if ali pieces of equipment and Operators were put out for tender, the City would get a savings of $100,000. MW-93-93 - Bender Hill at the C.P.R. Crossing Opening Feasibility Study - that the City proceed to retain a Consultant to undertake a Feasibility Study to open Bender Street (Hill) at the C.P.R. Crossing, at a cost of $30,000.00; MW-93-94 - January-March 1993 Construction Status Report - that the January-March, 1993 Construction Status Reports be received for the information of Council - Alderman Fisher declared a conflict of interest. MW-93-83 - Tee Creek Report - Rural Watercourse Drainage Improvements - that the report be received for the information of Council and that Council authorize the scheduling of a Report Consideration Meeting for May 31, 1993. Carried R-93-10 - Chief Administrative Officer - Re: Purchase and Installation of Refrigeration Equipment for Stamford/Jack Bell Arenas. The report recommends that Council approve the By-law later on this evening's agenda, authorizing the purchase and installation of a new refrigeration system for the Stamford/Jack Bell Arenas at a cost of $147,925.00 from Heco Refrigeration. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 93-108 R-93-12 - Chairperson, Recreation Commission - Re: Parks & 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 Cummings, seconded by Alderman Sherar, that the report be received and adopted. Carried Unanimously. R-93-13 - Chair, Municipal Conference Committee - Re: 1995 Ontario Traffic Conference. The report recommends that Council pass a resolution to inform the Ontario Traffic Conference that the City of Niagara Falls, in conjunction with the Ameri-Cana Resort & Conference Centre, is interested in submitting a bid to host the 1995 Ontario Traffic Conference. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. 1 -6- -7 - F-93-19 - Chief Administrative Officer - Re: Municipal Accounts. The report recom~nends that the accounts totalling $1,615,636.33 for the period ending April 26, 1993, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 85933; 86068; 86094. 93-104 93-105 A by-law to authorize the execution of an agreement with Tykes Road Preservers, a division of Stevensville Lawn Service Inc. respecting crack seal ing of roads. A by-law to authorize the execution of an agreement with Niagara Excavating and Construction Inc. respecting watermain installation on Mewburn Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. See By-law No. 93-109 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the actions taken on the following reports by the Finance Committee, earlier this evening, be approved. Adoption of March 8, 1993 Minutes; To endorse the Social Planning Council's proposed role of monitoring community social service agencies - Alderman err opposed; Rollin By the River Event - that staff obtain further information and a detailed budget from the promoter of the event Rollin' By the River and submit a complete report to the next Finance Committee Meeting. Carried 93-106 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs). 93-107 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 93-108 A by-law to authorize the execution of an agreement with 429406 Ontario Limited, operating at HECO respecting Stamford and Jack Bell Arenas refrigeration plant upgrade. 93-109 A by-law to authorize monies for General Purposes (April 26, 1993). The motion Carried with Aldermen Cowan, Cummings, Hendershot and Janvary abstaining from the vote on By-law No. 93-108 on conflicts of interest previously recorded and with all others voting in fayour. ORDERED on the motion of Alderman H endershot, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: 93-104 A by-law to authorize the execution of an agreement with Tykes Road Preservers, a division of Stevensville Lawn Service Inc. respecting crack sealing of roads. Report - Mayor Wayne Thomson - Re: Sign - Highway 420 and Stanley Avenue. The report recommends that this report be received for the information and approval of Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the report he received and adopted. Carried Unanimously. 93-105 93-106 A by-law to authorize the execution of an agreement with Niagara Excavating and Construction Inc. respecting watermain installation on Mewburn Road. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs). CD-93-21 - Chief Administrative Officer - Re: Retail Business Holiday Openings. The report 93-107 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic recommends that the Regional Municipality of Niagara be requested.to pass the appropriate by-law to on City Roads (Parking). allow retail business establishments to remain open on the Victoria Day, Canada Day, Civic Holiday and Labour Day holidays for the maintenance and development of tourism. 93-108 A by-law to authorize the execution of an agreement with 429406 Ontario Limited, ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be operating at HECO respecting Stamford and Jack Bell Arenas refrigeration plant upgrade. received and adopted. Carried Unanimously. ~ 93-109 A by-law to authorize monies for General Purposes (April 26, 1993). RESOLUTIONS The motion Carried with Aldermen Cowan, Cummings, Hendershot and Janvary abstaining from the vote on By-law No. 93-108 on conflicts of interest previously recorded and with all others voting in favour. NO. 46 - HENDERSHOT - CUMMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Alexandra Wrenski, mother-in-law of Alderman Kim Craitor. AND the Seal of the Corporation be hereto affixed. NEW BUSINESS Carried Unanimously Lilter Problems NO. 47 - CUMMINGS - SHERAR - RESOLVED that a message of condolence be forwarded to the Alderman err referred to the litter along the roadway on Palmer and Highway 420 and requested family of the late Arthur C. Jolley, a former Niagara Falls Alderman and Member of Provi.ncial that the matter be looked into. Parliament and a well-respected citizen of the community; AND the Seal of the Corporation be hereto affixed. Direcfional Signing Carried Unanimously Alderman Hendershot suggested that signs be posted along Queen Street and the Parkway informing Visitors of the location of City Hall; Alderman Puttick also suggested that signs be posted indicating the BY-LAWS location of the Economic Development Agency; the Chamber of Commerce; and the Visitor and Convention Bureau ORDERED on the motion of Alderman Hendershot seconded by Alderman Cummings that leave be granted to introduce the following by-laws, and the by-laws be reed a first time: -8- ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that the Niagara Parks Commission be requested to investigate the possibility of signs informing visitors to the City of the location of City Hall; the EDA; the Chamber of Commerce and the Visitor and Convention Bureau along Queen Strut and the Parkway. Carried Unanimously. Bonusin., Alderman Cummings referred to a matter respecting "bonusing", and requested that staff keep Council informed regarding the proposal. The Chief Administrative Officer informed that the government is introducing changes to the Municipal Act and will be introducing a Bill on the matter and suggested that the bill be studied prior to a report being submitted. It was noted that the Economic Development Agency provide input on the matter. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. FIFTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 May 3, 1993 Council met on Monday, May 3, 1993 at 7:15 p.m. in Committee of the Whole. All members members of Council, with the exception of Alderman Cowan who was away on business and Alderman Ward who was away on City business, were present. Alderman Fisher presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR WAYNE THOMSON READ AND ADOPTED, .......... MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers May 3, 1993 Council met on Monday, May 3, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Cowan who was away on business and Alderman Ward who was away on City business, were present. His Worship Mayor Thomson presided as Chairman. Alderman Sherat offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the Minutes of the Regular Meeting of April 26, 1993 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Craitor indicated a pecuniary interest on Report F-93-22, Cheque No. 86274, because his wife is employed by the Region. WELCOME His Worship Mayor Thomson welcomed the 271h Niagara Scout Troop who were in attendance with their Troop L~aders Michael Gettier and Robert Gettier to observe a Council meeting in session. His Worship Mayor Thomson welcomed the 31st Niagara Scout Troop who were in attendance with their Troop Leader Irene Randall for their Citizenship Badges. ...2 -2 - -3 - ADOPT-A-SCHOOL CEREMONY In his opening remarks, His Worship Mayor Wayne Thomson stated that the Adopt-A-School program where an organization, business or industry forms a partnership with a school for the purpose of casing the transition from the world of education to the world of work; and indicated that the municipality in partnership with St. Michael High School and Stamford Collegiate, sponsored by the Niagara Peninsula Industry Education Council, would enable students to observe how the municipality functions and provide an opportunity to enhance their chances of identifying future employment. His Worship Mayor Thomson welcomed all the participants in the Adopt-A-School Program. The Director of Human Resources introduced Mr. Bill Mdnerney, Director of Education, Welland County Roman Catholic Separate School Board who expressed appreciation to the City of Niagara Falls for their participation in the program; thanked staff for their involvemere and indicated the program would be beneficial to the municipality and the schools involved. The Director of Human Resources introduced Mr. Bill Millar, Director of Education, Niagara South Board of Education who indicated the program was a unique example of a partnership that would benefit the citizens of the municipal ity; provide students with an opportunity to observe city staff working for a common cause and thanked staff on behalf of the Board. The Director of Human Resources introduced Mr. Rob Nicholson, M.P. Niagara who extended greetings and congratulations on behalf of the Prime Minister, the Rt. Hen. Brian Mulroney to the Corporation of the City of Niagara Falls., St. Michael High School and Stamford Collegiate for their participation in the program. Mr. Nicholson provided a copy of the Prime Minister's letter to His Worship Mayor Thomson and to Messrs. Mclnerney and Millar. The Director of Human Resources introduced Ms. Linda Rogers who attended on behalf of Margaret Harrington, M.P.P. Niagara Falls, and expressed congratulations to all the participants in the Adopt-A-School Program. The Director of Human Resources introduced Mr. Bill Walter, Principal, St. Michael High School, who expressed appreciation for the opportunity to be involved with the program and the City of Niagara Falls. Mr. Walter introduced Steve Arcuri, Student Council President, who expressed gratitude and enthusiasm for the program on behalf of the students of St. Michael High School. The Director of Human Resources introduced Mr. Ed Minchin, Principal, Stamford Collegiate who indicated that students at Stamford Collegiate, a multi-cultural and multi-racial school were looking forward to having a long lasting working relationship with all the participants in the program. Mr. Minchin introduced John Cowan, Student Council President, who indicated that the mission statement was to provide a learning opportunity through partnerships; to prumote personal growth; productive citizenship; share learning experiences and resources. The Director of Human Resources introduced Anne Charette, Chairperson, Niagara Peninsula Industry Education Council who congratulated the City of Niagara Falls and the two SChool Boards for their participation in the Adopt-A-School Program. RESOLUTION NO. 48 - HENDERSHOT - CRAITOR - WHEREAS the Adopt-A-School Program is a partnership between a school and a business, industry or organization for the purpose of essing the transition from the world of education to the world of work; AND WHEREAS the program provides students with opportunities to develop attitudes and skills that can enhance their chances of success in the work world; AND WHEREAS the program fosters the student's awareness of the importance of education and its direct bearing on their future livelihood; AND WHEREAS education programs can be strengthened and enriched through talent, idea power and uniqu~ human resources that can be provided by the p~rsonnel of participating organizations; AND WHEREAS the Corporation of the City of Niagara Falls believes that the Adopt-A-School Program is beneficial to the education system and is desirous of being involved in it; BE IT RESOLVED AND IT IS HEREBY RESOLVED THAT the Corporation of the City of Niagara Falls authorizes the Mayor to sign agreements officially adopting St. Michael High School and Stamford Collegiate; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. His Worship Mayor Thomson indicated that St. Michael High School and Stamford Collegiate would be taking part in the Blossom Festival Parade as part of the partnership celebrations and that the individual schools would be hosting a special celebration of the partnership with the City at their respective schools. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that a letter of appreciation be forwarded to Pat Simon for his involvement in the taking of pictures of the event. Carried Unanimously. DEPUTATIONS Mr. David Watt, Chair, Niagara Falls Arts and Culture Commission provided support to the Niagara Falls Art Gallery and introduced Mr. John Burtniak, President of the Niagara Falls Art Gallery who thanked the Niagara Falls Arts and Culture Commission tBr their support and briefly discussed the Final Report of the Niagara Falls Art Gallery Development Study. Mr. Bertniak introduced Mr. Roger Jones, Roger Jones Consultants who provided a brief history of the Art Gallery; discussed the recommendations and findings of the Development Study for the Niagara Falls Art Gallery; referred to the Vision Statement and Executive Summary of the Gallery. Mr. Jones responded to questions respecting the probable proceeds from the sale of its existing property and the collection to relocate the Gallery in a more suitable location. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the matter be referred to staff with the outlook of working towards the objectives. Carried Unanimously. COMMUNICATIONS Comlnunication No. 154 - Bryon Wilfert, Chair, Ontario Regional Committee, Federation of Canadian Municipalities - Re: Membership in the Federation of Canadian Municipalities. The communication requests that consideration be given to membership in the Federation of Canadian Municipalities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the communication be received and filed. Carried Unanimously. Communication No. 155 - Region Niagara Tourist Council - Re: Resolution. The communication endorses the Regional Council's decision in support of Niagara Falls' bid for a casino. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 156 - United Transportation Union - Re: Waste Management. The conununication provides information respecting alternate methods of waste management. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that Mr. Timothy Secord be permitted to address Council Carried Unanimously. ...4 -4 - Mr. Timothy Secord, Legislative Representative, United Transportation Union expressed concerns regarding the government's position on waste disposal and requested that Council endorse a proposal of the Rail Haul North Coalition requesting that the provincial government allow an environmental assessment study to be conducted on the Adam's Mine site in Kirkland Lake. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that Council endorses the proposal of the Rail Haul North Coalition requesting the provincial government to allow an environmental assessment study to be conducted on the Adam's Mine site in Kirkland Lake. Carried Unanimously. Communication No. 157 - Niagara Falls Visitor & Convention Bureau. Re: Budget. The communication expresses appreciation to Council for the clarification of the terms of their $510,000 budget. ORDERED on the motion of Alderman Puniek, seconded by Alderman Orr, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 158 - St. John Ambulance, Niagara Falls Division. Re: Fund Raising Golf Tournament. The communication requests Council consider the contribution of donated gifts toward a fund raising golf tournament to be held on June 12, 1993 to purchase uniforms for Brigade members. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the donation of prizes be arranged through the Mayor's Office. Carried Unanimously. Communication No. 159 - Canada' Fitweek Executive Committee - Re: Proclamation. communication requests Council proclaim May 28 to June 6, 1993 as "Canada's Fitweek". ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the request be approved subject to established policy. Carried Unanimously. The Communication No. 160 - Ministry of Citizenship - Re: Proclamation. The communication requests Council designate the month of June as "Seniors Month". ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the request be approved subject to established policy. Carried Unanimously. Communication No. 161 -The Canadian Red Cross Society, Niagara Falls Branch. Re: Proclamation. The communication requests Council proclaim May 8th, 1993 as "World Red Cross Day" in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the request be approved subject to established policy. Carried Unanimously. Communication No. 162 - The Corporation of the Town of Geraldton, Otlico of the Mayor - Re: Resolution - Association of Municipalities of Ontario (AMO). The communication advises that the role of AMO is to obtain information to share and assist municipalities in decision making and that AMO does not have the authority to negotiate, make decisions or commitments' on behalf of the municipal governments in Ontario on matters which affect municipalities without providing municipalities an opportunity to provide their input. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, to endorse the resolution. The motion Carried with Alderman Puttick voting contrary to the motion.and with all others voting in fayour. Communication No. 163 - Ministry of Transportation - Re: 1993 Road Improvements Subsidy. The communication advises that instalments of subsidy allocations will be deposited on May 6, 1993 and July 8, 1993. ORDERED on the motion of Alderman Sherat, seconded by Alderman Hendershot, that the communication be received and filed for the Information of Council, Carried Unanimously. -5 - REPORTS B-93-27 - Chief Administrative Officer - Re: Pitch-In Campaign, May 3rd - May 9th, 1993. The report recommends that Council receive the following information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW-93-94 - Chief Administrative Officer - Re: Expansion & Renewal (Impost) Fees; Mansions of Forest Glen. The report recommends the following: 1. That the fees applicable to Stage I be adjusted to $22,800.00; 2. That a refund of $26,600.00 be authorized; 3. That the Schedule "B" of the Condominium Agreement of September 25, 1991 between the City and the Developer, (Forest Glen Estates (Niagara) Limited), be revised to reflect the correct charges and that it be registered on title. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ~ MW-93-96 - Chief Administrative Officer - Re: Tenders for the Supply of Hot Mix Asphalt, Cold Mix Asphalt, and Ready Mix Concrete. The report recommends that the supply of materials listed in the report be awarded as outlined on the attached summary sheets. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. R-93-15 - Chief Administrative Officer - Re: Hydro Easement; Part Lot 90 & 95; West of Fairview Cemetery. The report recommends that Council authorize staff to enter into an agreement with Ontario Hydro for an easement of approximately 2.36 acres between the west side of Fairview Cemetery and the Hydro Canal. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. R-93-17 - Chief Administrative Officer - Re: World Town Crier Visit. The report recommends that Council authorize an expenditure of $500.00 toward the cost of hosting the World Town Crier Visit on Wednesday, June 16, 1993. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. F-93-22 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $662,110. l 1 for the period ending May 3, 1993, be approved by the passing of the by- law appearing later on the agenda. Additional information was requested on Cheque Nos. 86189; 86227; and 86318. Alderman Hendershot requested that the Library accounts be placed on a separate sheet for easier identification purposes. ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Craltor abstaining from the vote on a conflict of interest previously recorded and with all others voting in favour. See By-law No. 93-1 ...6 -6- ~ 7 - RATIFICATION OF FINANCE COMMITFEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following by the Finance Committee, earlier this evening, be approved. Adoption of Minutes of April 26, 1993; Report R-93-18 - Rollin' By The River - that the City of Niagara Falls will not participate financially in the Rollin' By The Riyer Event; Royal Canadian Artillery Cadet Corps - that the Royal Canadian Artillery Cadet Crops be provided with a grant in the amount of $316.00 regarding the use of the Niagara South recreation Centre on June 12, 1993; Shamrock Boxing Club - that the Shamrock Boxing Club be provided with a grant in the amount of $500.00 regarding the use of the Niagara South Recreation Centre on June 4th, 1993 - Alderman Germane declared a conflict of interest. Report FC(I)-93-02 - Water Account, Malone's Road House, 6592 Lundy's Lane - that the water bill in question in the amount of $2,367.66 be reduced by fifty percent and Malone' Roadhouse be given twelve months in which to pay the remaining portion. In Favour - 6; Opposed - 4. Carried L-93-19 - Chief Administrative Officer - Re: Niagara Falls Lions Club, Lease Renewal 5027 Drummond Road, Niagara Falls. The report recommends that the by-law appearing on this evening's agenda authorizing the execution of a lease renewal between the City and Niagara Falls Lions Club be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 93-111 RESOLUTIONS NO. 49 - PUTrICK - ORR - WHEREAS the East Niagara Housing Authority acts on behalf of the Ministry of Housing and the Ontario Housing Corporation in managing the affordable housing in the City of Niagara Falls; AND WHEREAS the East Niagara Housing Authority is one of three housing authorities in the Regional Municipality of Niagara; AND WHEREAS the Ministry of Housing and the Ontario Housing Corporation are proposing to merge some' or all of the housing authorities in the Regional Municipality of Niagara in order to reduce the provincial deficit; AND WHEREAS a merger and relocation of the East Niagara Housing Authority may result in the loss of jobs in the City of Niagara Falls, the loss of work for local builders and contractors, the loss of services to the residents of the housing projects in the City of Niagara Falls, and an increase of costs for the management of the housing projects; NOW THEREFORE BE 1T RESOLVED that the City of Niagara Falls requests that the Minister of Housing and the Chair of the Ontario Housing Corporation not merge and relocate the East Niagara Housing Authority to another city in the Regional municipality of Niagara; AND FURTHER that Margaret Harrington, M.P.P. be requested to assist the City of Niagara Falls and the East Niagara Housing Authority in this matter. AND the Seal of the Corporation be hereto affixed. . Carried Unanimously, NO. 50 - JANVARY - SUSIN - WHEREAS the relative share of Provincial expenditures for Transportation Infrastructure has declined over recent years; AND WHEREAS the Provincial Government has made commitments to fund Capital Works Projects throughout the Province to improve the Transportation Infrastructure and to create employment in the Construction Sector; AND WHEREAS the Niagara Peninsula has one of the highest unemployment rates in the Province and Canada; AND WHEREAS, to date, the Niagara Peninsula has been the recipient of a relatively small proportion of these Provincial Capital Works Projects; AND WHEREAS undertaking and advancing Provincial Capital Works Projects in the Niagara Peninsula would create much needed employment and business opportunities; NOW BE IT THEREFORE RESOLVED that the Province be requested to correct these obvious inequities in distribution of Funding and Projects across the Province by accelerating the approval of Municipal Funding and Ministry of Transportation Construction Projects in the Niagara Peninsula; AND FURTHER that copies of this Resolution be forwarded to Premier Bob Rae, Honourable Gilles Pouliot; Minister of Transportation, M.P.P. Margaret Harrington; M.P.P. Shirley Coppen and Regional Chairperson, Brian Merrett; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 51 - PUTTICK - SUSIN - RESOLVED THAT WHEREAS the operators of riding horse establishments require coverage for the liability of a rider falling off a horse while on the trail; AND WHEREAS the subscribing insurance companies to the insurance pool in respect of this liability have cancelled their coverage of the aforementioned liability; AND WHEREAS the riding horse establishments appear to be unable to obtain the necessary coverage of this liability; NOW THEREFORE BE 1T RESOLVED that the City of Niagara Falls requests the Ontario Insurance Commission of the Ministr..y of Finance for the Province of Ontario to review the existing market for the coverage of rider liability and to try to develop reasonable alternatives to assist riding horse establishments to obtain adequate insurance coverage so as to enable them to be able to continue operating their riding horse establishments; AND FURTHER that Margaret Harrington, M.P.P. be requested to assist the City of Niagara Falls in this matter. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 52 - PUTTICK - SUSIN - RESOLVED THAT WHEREAS the economy of Canada is in a dangerous situation and citizens throughout the land are experiencing extremely difficult times; AND WHEREAS requests for restraint should show leadership from the very top; BE IT RESOLVED AND IT IS HEREBY RESOLVED that the citizens of the City of Niagara Falls object to a Prime Ministerial farewell tour at the taxpayers' expense; AND FURTHER that the Prime Minister be requested to ensure that legislation is passed, prior to his leaving office, that will reduce the extravagance of the Federal political pension system. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendarshot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-110 A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Fails) Limited for the installation of storm sewer on Gallinger Street. 93-111 A by-law to authorize the execution of a headlease with the Lions Club of Niagara Falls (Ontario). 93-112 A by-law to allow the maintaining and using of a building which encroaches on Buchanan Avenue. 93-113 A by-law to authorize monies for General Purposes (May 3, 1993). The motion Carried with Alderman Craitor, abstaining from the vote on By-law No.93-113 on a conflict of interest previously recorded and with all others voting in fayour. ...8 -8- -9 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 93-110 A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the installation of storm sewer on Gallingot Street. 93-111 A by-law to authorize the execution of a headlease with the Lions Club of Niagara Falls (Ontario). 93-112 A by-law to allow themalntainingand usingofabuild!ngwhich encroaches on Buchanan Avenue. 93-113 A by-law to authorize monies for General Purposes (May 3, 1993). The motion Carried with Alderman Craitor, abstaining from the vote on By-law No. 93-113 on a conflict of interest previously recorded and with all others voting in fayour. NEW BUSINESS Huron Street Alderman Cummings questioned whether there were any changes in the timetable regarding Huron Street and if there was a possibility of reopening Huron Street. His Worship Mayor Thomson stated that there were no changes in the timetable and the road should remain closed. Alderman err requested that the overhead flashing lights be re-established on Ontario and Huron Streets. Casino NighIs Alderman Cummings referred to recent casino nights events in the city and indicated that the monies should be kept in the city for charitable organizations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that a report be brought back to Council with respect to proceeds be kept in Niagara Falls. Alderman Craitor referred to a recent report submitted by the Boys and Girls Club and requested that a copy be provided to Council. The City Clerk advised he would have to obtain permission from the Boys and Girls Club to provide the report to Council. Highway 420 and Stanley Avenue Alderman Puttick referred to correspondence from the MTO regarding Highway 420 and Stanley Avenue indicating the road did not have to be rebuilt only repaved and requested that the Director of Municipal Works look into the matter, Alderman Puttick discussed the matter of street lighting at Highway 420 from Stanley Avenue to Victoria Avenue and indicated that the City was maintaining and paying for the stretch of road and requested a report from staff. ORDERED on the motion of Alderman PuRick, seconded by Alderman Sherat, that a report be brought back from Municipal Works regarding street lighting, Carried Unanimously. Food Banks Alderman Puttick requested that a report from the Minister, Barbara Green regarding food banks be supplied to members of Council. Santa Claus Parade Alderman Hendershot referred to the Civic Committee meeting and discussions regarding the Santa Claus Parade; that the City would not be involved in the parade, but that groups wishing to be involved in the parade were most welcome providing they follow the proper procedures. Alderman Hendershot also informed the City would not be responsible for anyone's debts concerning the parade. Tourism Bureau Closures Alderman Hendershot discussed the closures of Tourism Bureaus throughout the United States and around the world and requested that a letter be sent requesting the status and future plans of these bureaus. His Worship Mayor Thomson advised that a rasolution regarding the matter would be provided in a few weeks. Official Greetings Alderman Fisher referred to a letter submitted by Sergeant Sandy Race, a Polygraph police officer who will be visiting Russia on ajob experience exchange program from June 291h to July 10th, 1993 and indicated she wished to bring official greetings and mementos from Niagara Fails at that time. ORDERED on the motion of Alderman Fisher, seconded by Alderman Sherat, that official greetings and mementos be provided by the Mayor's office to Sergeant Sandy Race on the occasion of her upcoming trip to Russia. Carried Unanimously. Summer Events in Chippawa Alderman Fisher discussed the summer events being held on June 6, 1993 at Cummington Square in Chippaws. Blossom Festival Parade Alderman Cummings provided information on the Blossom Festival Parade being held on Saturday, May 8th, 1993 at 10 o'clock and discussed the Blossom Festival "Tug of War" event. Council Packag~ ORDERED on the motion of alderman Craitor, seconded by Alderman Susin that the Chamber of Commerce receive a complete Council Agerids package. The motion Carried with Aldermen err and Puttick voting contrary to the motion and with all others voting in fayour. Stoop and Scoop By-law Alderman Craitor discussed the matter of dogs fouling public property and suggested amendments to the Stoop and Scoop By-law, prohibiting dogs on public property. ORDERED on the motion of Alderman Cruller, seconded by Alderman Germane, that the matter be referred to staff for a report. Carried Unanimously. Landfill Site His Worship Mayor Thomson informed that the City's request for a one-month adjournment of the Landfill Site Joint Board Hearing has been denied and the meeting will begin on June 15, 1993. - 10 - Habitat for Humanity Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germane, that the City of Niagara Falls is not considering land at Inglis Drive and Alexander Crescent as a building site for Habitat for Humanity Niagara project. Carried Unanimously. SIXTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 May 10, 1993 Social Contract Mayor Thomson addressed the recent issues concerning social contracts and the Ontario expenditure control plan; how it will affect the Region and the tremendous financial impact on the municipality. Liability Coverage His Worship Mayor Thomson discussed a matter with respect to riding establishments obtaining the necessary liability insurance for riding horse establishments. ORDERED on the motion by Alderman Puttick, seconded by Alderman Susin, that Council endorse a resolution with respect to liability insurance for riding horse establishments. Carried Unanimously, See Resolution No. 51 Government Downloadina ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the Chief Administrative Officer prepare a resolution indicating that the City of Niagara Falls objects to the government's downloading strategies and to further indicate what the Council of the City of Niagara Falls has accomplished in the past two years with respect to zero percent increase. Carried Unanimously. Council met on Monday, May 10, 1993 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Janvary and Alderman Puttick, who were away on personal business, were present. Alderman Sherat presided as Chairman. READ AND ADOPTED, ............. MAYOR WAYNE THaISON PLANNING MEETING Council Chambers May 10, 1993 Council met on Monday, May 10, 1993 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, with the exception of Alderman Janvary and Alderman Puttick, who were away on personal business, were present. His Worship Mayor Thomson presided as Chairman. Alderman Cowan offered the Opening Prayer. Prime Minister's Farewell Tour ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that a letter be forwarded to the Prime Minister of Canada, the Rt. Hen. Brian Mulroney, indicating that the citizens and Council of the City of Niagara Falls object to a Prime Ministerial farewell tour at the taxpayers expense and that the Prime Minister be requested to ensure that legislation is passed, prior to his l~aving office, that will reduce the federal pensions. Carried Unanimously. t See Resolution No. 52 ORDERED on the motion of Alderman Cummings, seconded by Alderman .Orr, that the meeting be adjourned. Carried Unanimously, READ AND ADOPTED, DISCLOSURES OF PECUNIARY INTERESTS Alderman Hendershot indicated a pecuniary interest on Public Meeting AM-6/93, as he resides in the area, on Cheque No. 86429, as his employer is the Niagara South Board of Education and on Cheque No. 86359, as his daughter is employed by Avondale. Alderman Cowan indicated a pecuniary interest on Cheque Nos. 86339 and 86340, as his employer is the Humane Society. Alderman Craitor indicated a pecuniary interest on Cheque No. 86443, because his wife is employed by the Region. PLANNING MATTERS ITEM 93-09 - Public Meeting, Zoning Amendment Application, AM-6/93, Orexis Holdings Ltd., 4414 Portage Road - Re: Recommendation Report PD-93-53, Technical Report PD-93-50 and Correspondence from Sinclair, Crowe, Municipal Works Dept. and Regional Niagara. The report recotnmends the following: That Council support the application to amend the City's Zoning By-law to permit an outdoor fitness and recreation centre to be established on the easterly half of the property and to permit an existing building located on same to be renovated for a pub, weight training and washroom/dressing room fucilities; 2. That the applicant be required to pay applicable Development Charges; ...2 -2 - -3- That the applicant be required to construct a sidewalk across the frontage of the property and to construct not more than two driveways all to the satisfaction of the City's Municipal Works Department; That the lands be made subject to Site Plan Control to ensure the property is developed in a sensitive manner and that a site plan agreement be required which addresses the ~uhole of the applicant's property. - AND ~ Cnmmunlcation No. 164 - Sinclair, Crowe. The communication advises there is an objection to the approval of the zoning amendment. Communication No. 165 - Municlpal Works Dept. The communication advises as having no objections to the approval of the zoning amendment. Commmfication No. 166 - Regional Niagara. The communication advises as having no objections to the approval of the zoning amendment. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to he followed under the Planning Act. The City Clerk advised that the Notices of the Public Meeting had been forwarded, by mail to all persons required by the regulations on April 13, 1993. His Worship Mayor Thomson received information that Mr. Dante MarineIll, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. lie requested filet all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-50; Planning Report PD-93-53; Planning Review; Background; Physical Assessment; Nature of rite Zone Change; Site Plan Control; and the Public Notitieation Process. His Worship Mayor Tbomson received a negative response to his request for comments from persons, other fitan the applicant or his agent, in support of the application and received a positive response from persons opposed to rite application. Mr. Brian Sinclair, Solicitor, Sinclair, Crowe, agent for Gales Fuels advised that Gales Fuels property is north and west for Orexis Holdings and they store gasoline tankers on the property. They are concerned with the distance of rite recreation complex to the storage of the tankers. Mr. Dante MarineIll, Solicitor, Broderick & Associates, agent for Orexis Holdings Ltd. advised that the gasoline tankers are 150 to 200 feet away from the proposed recreational complex. Valefie Hall, Owner/Manager, Fitness International, 4300 Drummond Road, 7656 Oriole Drive, advised that she is concerned that the weight training facility would drain business from her place of business. Mr. Dante Marlnelli, further indicated filet they would be prep.ared to delete rite weight training facility. The Director of Planning and Development responded to questions respecting rite site plan control to ensure that matters concerning lighting, fencing and servicing are addressed. Since no further comments were forthcoming, Bis Worship Mayor Thomson declared rite Public Meeting with regard to Application AM-6/93 closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cuinmings, that the report be adopted as amended and agreed upon by Mr. MarineIll with the deletion of a weight training thelilly. Carried~ With Alderman Craitor and Alderman Germane voting contrary. Com~nunication No. 167 - St. George Serbian Orthodox Church. The commnnication advises their concern about rite Croatian flag raising ceremonies taking place at City Hall at the end of May, 1993. ORDERED on the Motion of Alderman Hendershot, seconded by Alderman Commings that a letter be sent denying the previous approval of their request. Carried. with Alderman Orr and Alderman Susin voting contrary. MISCELLANEOUS PLANNING MATTERS PD-93-51 - Chief Administrative Officer - Re: Streamlining the Development, Review and Approval Process. The report recommends the following: 1. That the City's Policy and Procedural Manual be revised to incorporate new procedures respecting Official Plan, Zoning & Subdivision applications. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimonsly. PD-93-52 - Chief Administrative Officer - Re: Examination of Tourism Master Plan and Critique of Public Comments. The report recommends rite following: That Staff be directed to proceed with the preparation of new Official Plan policies and zoning by- laws respecting tourism development as per rite detailed recommendations contained within the report; 2. That copies of the report be tbrwarded to all groups and agencies having expressed an interest in the City's tourism planning initiatives; 3. That proceedings be initiated to hold a tbrmal public hearing under the Planning Act, once new Official Plan policies and Zoning By-laws have been prepared as directed. That the Tourism Master Plan be used as a tool to direct further investigation on administrative, transportation and implementation issues concerning the consolidation of tourist oriented activities and services. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar that the report be received and adopted. Carried. with Alderman Fisher and Alderman Cummings voting contrary. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the minutes of the Regular Council meeting of April 5, 1993 be adopted as printed. Carried Unanimously. Communication No. 168 - Brian Sinclair, Sinclair, Crowe - Communication advises they oppose the deputation. - AND - L-93-20 - Chief Administrative Officer - Re: Willirk Sale to Drolet; Willoughby Drive Road Allowance. The report recommends filet the report be for the information of Council. -5 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that the property value of $1,000.00 be waived and that Report L-93-20 be received and filed. Carried Unanimously. Touristn Organization Murray Johnston, Executive Director of Team Niagara Tourism made a presentation to Council on tiffs topic. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher to table for one week. Carried with Alderman Hendershot, Alderman Sherat and Alderman Ward voting contrary to the motion. COMMUNICATIONS Cummunicafion No. 169 - Ontario Provincial Police - Re: Proclamation - requesting Council proclaim June 6th to June 12th, 1993 as "Ontario Law Enforcement Torch Run Special Olympics Week". ORDERED on the motion of Alderman Sherat, seconded by Alderman Susin, that the request be approved subject to established policy. Carried Unanimously. Cnmmunication No. 170 - Niagara Falls Public Library - Re: Library reserve fund - requesting Coonell approve the establishment of a reserve fund for Library automation purposes. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the request be granted. Carried Unanimonsly. Communication No. 171 - Corporation of the City of Thorold - Re: Resolution - requesting Council support a resolution of the City of Thorold strongly objecting to the closure of the Peer Street Bridge by the St. Lawrence Seaway Authority. ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that the request be supported. Carried Uoanimously. Communication No. 172 - 'fo~vn of Lincoln - Re: Groups Promoting Racial Hatred - indicating support of Council's resolution of February 1, 1993 condemning any group that seeks to promote racial hatred or attempts to assert the supremacy of one race group over another. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the matter be received and filed. Carried Unanimously. Communication No. 173 - Niagara Falls Visitor & Convention Bureau - Re: Property Taxes - requesting discussions regarding concerns and possible recommendations regarding property taxes. ORDERED on the motion of Alderman Orr, seconded by rAiderman Susin, that the matter be referred to Finance. Carried Unanimously. Communication No. 174 - Association of Municipalities of Ontario - Re: Annual Conference - providing information regarding the AMO Conference to be held' from August 22 - 24, 1993 in Hamilton, Ontario. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the matter be received and filed. Carried Unanimously. Communlcation No. 175 - Bruce and Brenda Vandersluys, 7338 Green Boughs Road - Re: Proposed Walkway Closure between Green Boughs Road and Edenwood Court - providing information and a response to an anonymous letter received regarding the matter. ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the communications be received and filed for the information of Council. Carried Unanimously, REPORTS B-93-29 - Chief Administrative Officer - Re: Closing of Tourism Ontario Tokyo Office. The report recommends that Council approve the Resolution which petitions the provincial government to leave the Tourism Ontario Tokyo office open. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the resolution be endorsed. Carried Unanimously, See Resolution No. 54 MW-93-104 - Chief Administrative Officer - Re: Contract - Household Hazardous Waste Days. The report recommends that the By-law on the Council Agerids he approved which authorizes execution of the Contract with Laidlaw Environmental Services for Household Hazardous Waste Days. ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that the report be received and adopted. Carried. with Alderman Ward and Alderman Orr voting contrary. RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. 1. Adoption of April 26, 1993 Minutes. Report MW-93-56 - Selection of Consulting Engineers - that the recommendations of staff be approved with an amendment to recommendation No. 2; It is recommended that: 1. on projects where the design has been completed by the Consultant, City Staff are to carry out the inspection and layout and the Consultant would be involved in the contract administration; 2. 'lFor projects beyond the City's expertise, the Consultant is to be retained to carry out the constructk. on administration and inspection; 3. A pre-qualified short list of five Consultants be invited to submit proposals for a fixed fee to carry out standard design projects; 4. For studies and complex designs, the Consultant, based on a predetermined budget figure, is to be selected as per the formal procedures as outlined in the MEA/CEO Manual and that Recommendations 3 and 4 be on an interim basis until the Regional working group ~nalizes its procedures..Carried. with Alderman Cummings opposed. Report MW-93-100 - Habitat for Humanity Niagara - that the City does not proceed with the project of transferring land to Habitat for Humanity Niagara and that Recommendations 2, to and including Item 6, be received and filed for information. Carried. with Alderman Cummings a n d Alderman Ward opposed. Report MW-93-88 - Final End Use Concept Report - that the City endorse the proposed "Final End Use Concept Report" dated April 21, 1993, which will tbrm part of the supporting documentation to an Application for a Certificate of Approval for a Waste Disposal Site (Landtill) Proposed Upward Extension of the Mountain Road Landfill Site. Carried. with Alderman C u m m i n g s indicating a conflict of interest. 5. Report MW-93-17 - Pavement Analysis Program - that the information contained in Report MW-93- 17 - Pavement Management Program be received and filed for information. Carried Unanimously. Report MW-93-102 - Implementation Date thr Imposition of Four Bag Limit - that the implementation date for the four (4) bag limit on residential garbage be changed from June 7, 1993 to August 9, 1993. Carried. with Alderman Hendershot opposed. Report MW-93-80 - Solid Waste Collection Route Review - that the revised Municipal Residential and Commercial Collection Route format be approved in principle, with the actual implementation date to be Monday, August 9, 1993. Carried Unanimously, 8. Report MW-93-101 - Conversion of Small Vehicles to Dual Fuel System - that Report MW-93- El be received and filed for information of Council. Carried Unanimously.. Report MW-93-103 - Regional Road Assumptions and Reversions - that the Regional Road Assumptions and Reversions be approved in principal however, that all cost factors be so identified in a future report. Carried. with Alderman Cummings opposed. Report MW-93-106 - Niagara North Waste Management System Plan ~ Task I Report: Assessment of Problems and Opportunities - that the Final Task I Report: Assessment of Problems and Opportunities be approved; and that the Niagara North Board of Waste Management be so advised, Carried Unanimously, ~ 6- 11. Rep~rtMW~93~~~7~Purchase~fH~meC~mp~sters~~~hatauth~rizati~nbegrantedf~rthepurchase of the following home tomposters provided that funding is available from the Province of Ontario: 1. Bonar Green Genie (initial order 700) $26,605.25; 2. Butler & Baird 20 cubic feet (initial order 240) $19,002.60; 3. Vision Recuperation Enviro-Cycle (initial order 125) $6,720.31; and 4. Sure Sprout Worm Composter (order depends on demand from residents) (estimated cost based on last yeer's prices) $2,645,00 - totalling $54,973.16. Carried. with Alderman Fisher and Alderman err opposed. 12. Request received from Mike Partheniou, (6821 Cumberland Court), to have a Fire Hydrant moved from that Location - that staff contact Mr. Mike Partheniou advising of a possible 50%/50% (City and Mr. Partheniou) cost-sharing arrangement regarding this matter. Carried Unanimously. R-93-16 - Chief Administrative Officer - Re: Crowland Community Centre. The report recommends that no financial support be allocated to develop a new community centre in Crowland at this time. ORDERED on the motion of Alderman Cowan, seconded by Alderman Ward, that the report be received and adopted and that a Committee be established with Alderman Susin, Alderman Cowan and the Mayor. Carried Unanimously. F-93-23 - Chief Administrative Officer - Re: Library Purchases. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and filed. Carried Unanimously. F-93-24 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $429,198.09 for the period ending May 10, 1993, be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque Nos. 86329; 86343; 86347, 86418; 86360; 86375; 86392; and 86340. His Worship Mayor Thomson requested that reports be provided on Cheque Nos. 86329 and 86418. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the accounts be paid with the exception of Cheque Nos. 86329 and 86418. The motion Carried with Alderman err abstaining from the vote on Cheque No. 86337; Alderman Craitor abstaining from the vote on Cheque Nos. 86443 and 86329 as a previous conflict noted; Alderman Hendershot abstaining from the vote on Cheque Nos. 86429 and 86359 as a previous conflict noted; Alderman Cowan abstaining from the vote on Cheque Nos, 86339 and 86340 as a previous conflict noted and with all others voting in favour. See By-law No. 93-118 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the following reports by the Finance Committee, earlier this evening, be approvexl, 1. Adoption of the Minutes of the May 3, 1993 Meeting 2, Report FC-93-15 - Tax Balances at April 30, t993 - that the information contained in Report FC-93- 15 be received and filed. 3, Report FC-93-18 - Statement of Revenue and Expenditures for the period ended April 16, 1993 - that the information contained in Report FC-93-18 be received and filed. 4. Report FC-93-16 - 1993 Water Budget - 1993-1994 Water Rates and Service Charges - that the matter be deferred. 5. Report FC-93-14 - Service Deposils for Water Accounts Payable to Tenants - that the matter be deferred. 6. Report FC-93-17 - Pro-Authorized Payment of Flat Rate Water Accounts - that the matter be approved. - 7 - RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS There was no action to report. RESOLUTION NO. 53 - CRAITOR - COWAN - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause noxious weeds or weed seeds on any subdivided portion of the Municipality and lots not exceeding ten acres, whether or not the lots are part of a plan of subdivision, to be destroyed in the manner prescribed in the regulations made under the Weed Comml Act. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 54 - HENDERSHOT - COWAN - RESOLVED that WHEREAS the Government of Ontario decided to close the Tourism Ontario Tokyo office; and WHEREAS in 1991 tourism was the country's fourth largest industry and generator of foreign exchange; and WHEREAS in 1992 the Japanese travellets attributed $73 million in revenue for Canada; and WHEREAS the increased cmnpetition in marketing and the decrease in Ontario's marketing will attribute to a decline in the Japanese outbound market to Ontario; THEREFORE The City Council requests the provincial government to leave the Tourism On!ario Tokyo office open; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, NO. 55 - HENDERSHOT - COWAN - RESOLVED that the Niagara Falls Library Board be allowed to establ ish a Reserve Fund for the purpose of automation and that the proceeds ti'om the sale of the piano from the Drummond Branch be permitted to be the initial deposit into this Reserve Fund. AND the Seal of the Corporation be hereto affixed. Carried Unanimonsly. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-114 A By-law to authorize the execution of an agreement with Greenspace Services Limited, operating as ChemLawn Niagara for chemical weed control. 93-115 A By-law to authorize the execution of an agreement with John Vander Weyden, carrying on business as Niagara Commercial Cutting for mowing weeds on private lots. 93-116 A By-law to authorize the execution of an agreement with Laidlaw Environmental Services Ltd. respecting the operation of Household Hazardous Waste Days. 93-117 A By-law to amend By-law No. 90-175, being a by-law to appoint a chief building official and inspectors under the Building Code Act. 93-103 A By-law to authorize monies for General Purposes (May 10, 1993). The motion Carried with Alderman Cowan abstaining from the vote on By-law No. 93-I 16 and By-law No. 93-118 on conflicts of interest previously recorded; Alderman Hendershot abstaining from the vote on By-law No. 93-118 on a conflict of interest previously recorded; and Alderman Craitor abstaining from the vote on By-law No, 93-118 on a conflict of interest previously recorded and with all others voting in favour. ~ -8- -9 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time. 93-114 A By-law to authorize the execution of an agreement with Greenspace Services Limited, operating as ChemLawn Niagara for chemical weed control. 93-115 A By-law to authorize the execution of an agreement with John Vander Weyden, carrying on business as Niagara Commercial Cutting for mowing weeds on private lots. 93-116 A By-law to authorize the execution of an agreement with Laidlaw Environmental Services Ltd. respecting the operation of Household Hazardous Waste Days. 93-117 A By-law to amend By-law No. 90-175, being a by-law to appoint a chief building official and inspectors under the Building Code Act. 93-103 A By-law to authorize monies for General Purposes (May 10, 1993). The motion Carried with Alderman Cowan abstaining from the vote on By-law No. 93-116 and By-law No. 93-118 on conflicts of interest previously recorded; Alderman Hendershot abstaining from the vote on By-law No. 93-118 on a conflict of interest previously recorded; and Alderman Craitor abstaining from the vote on By-law No. 93-118 on a conflict of interest previously recorded and with all others voting in fayour. NEW BUSINESS Onturio Traffic Conference Alderman Ward gave a report on the Ontario Traffic Conference. Visitnr & Cgnvention Bureau His Worship Mayor Thomson discussed the matter of the Visitor & Convention Bureau not having any washroom facilities for the tour buses and the problem of the tourists lining up at local businesses in the area to use their facilities. Following some discussion it was ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor that the matter be ret~rred to staff. Carried Unanimously. Following further discussion it was ordered on the motion of Alderman Sherat, seconded by Alderman Cummings that the Mayor's office send a letter to the Ministry of Tourism, Travel Oftice on Stanley Avenue and the 420 Highway requesting them to advertise that they have public washroom ti~cilities for tour buses. Carried Unanimously. It was moved by Alderman Ward, seconded by Alderman Craitor, that the meeting be adjourned. Carried Unanimonsly. READ AND ADOPTED, MAYOR WAYNE THOMSON Prostitution Article in the Niagara Falls Review Alderman Germane indicated that she was opposed to an article in the Niagara Falls Review on Saturday, May 8, 1993 wherein Inspector Clark indicated the number of prostitutes in the Queen Street ares. Blossom Festival Parade Alderman Cummings gave a report on the Blossom Festival Parade that was held on Saturday, May 8, 1993. Miss Niagara Pageant Alderman Cummings provided information on the Miss Niagara Pageant being held on Saturday, May 15, 1993. Letter of Thanks to Mrs. Marlene Cummings & Niagara Promotion Association Following some discussion it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that a letter of thanks be sent to Mrs. Marlene Cummings and Niagara Promotion Association for all their work done on the Blossom Parade. Carried Unanimously. SEVENTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 May 17, 1993 Council met on Monday, May 17, 1993 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cummings, who was away due to a death in the family, were present. Alderman Sherat presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGULAR COUNCIL MEETING MAYOR WAYNE THOMSON Council Chambers May 17, 1993 Council met on Monday, May 17, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Cummings, who was away due to a death in the family, were present. His Wornhip Mayor Thomson presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES Alderman Janvary stated she wished to be recorded as having a conflict of interest on Report No. F-93-24, Cheque No. 86429 because Niagara South Board of Education is her employer. ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the Minutes of the Planning Meeting of May 10, 1993 be adopted. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Susin indicated a pecuniary interest on Report MW-93-108, because he has a business interest. Alderman Craitor indicated a pecuniary laterest on Report F-93-25, Cheque No. 86688, because his with is employed by the Region. UNFINISHED BUSINESS Tourism Orgnnization Communication No. 176 - Office of the Mayor. The communication provides background information regarding the tourism organization plan. -2- Communication No. 177 - Niagara Promotion Association. The communication expresses concerns regarding the new concept on the future structure of tourism. Communication No. 178 - The Niagara Parks Commission. The communication requests that consideration be given to the various concerns of the Niagara Parks Commission. Communication No. 179 - Niagara Falls Visitor & Convention Bureau. The communication commends the Mayor and staff for the initiative taken in the formulation of a new tourism organizational structure and requests that certain concerns be addressed. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the matter be tabled until the key players meet to discuss and address their various concerns respecting the proposed tourism organization. The motion Carried with Aldermen Hendershot, Sherar and Ward voting contrary to the motion and with all others voting in fayour. Traospurtation Expenses C-93-05 - Chief Administrative Officer - Re: Transportation Expenses. The report provides suggestions to amending City policy on Conferences and Conventions with respect to reasonable alternative modes of transportation to ensure the most economical cost. ORDERED on the motion of Alderthan Fisher, seconded by Alderman Germane, that amendments to the Conferences and Conventions Policies be approved as suggested. Carried Unanimously. REPORTS B-93-30 - Chief Administrative Officer - Re: Steve Tarczy, Frank Tarczy & Brenda Tarczy Committee of Adjustment Application A-83/89; Agreement to Demolish - 7780 Yokum Road. The report recommends that Council authorize the execution of a Release of the conditions set out in an Agreement dated November 20, 1989 between the Tarczys and the City of Niagara Falls. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. See By-law No. 93-123 B-93-31 - Chief Administrative Officer - Re: Former. "Fiere" Salvage Yard - Stanley Avenue. The report recommends that Council receive the following information. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report be received and filed. Carried Unanimously. MW-93-108 - Chief Administrative Offleer - Re: Equipment Rental Tendel' 1-93. The report recommends that prices submitted by the various contractors for a variety of equipment be accepted as required. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and adopted. The motion C~rried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. MW-93-109 - Chief Administrative Officer - Re: Contract/i93-17; High Pressure Hydraulic; Cleaning of Sewers & Culverts. The report recom:nends that the unit prices submitted by the low tenderer, Trans-Video Inspection, be accepted for the above contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 93-120 -3- MW-93-110 - Chief Administrative Officer - Re: Contract #93-16; T.V. lnspectiml of Sanitary Sewer. The report recommends that the unit prices submitted by the low tendever, Bob Robinson Construction be accepted for the above contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. See By-law No. 93-119 MW-93-I12 ~ Chief Administrative Officer - Re: Dust Control Quotation. The report recommends that Staff be authorized to purchase 330 tonnes of Tembind at a cost of $92.78 per tonne. ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. R-93-19 - Chief Administrative Officer - Re: 1993 Fencing Tender; #6-93 - Supply and Install Chain Link Fencing. The report recommends that the fencing improvements as detailed below in the amoont of $39,852.50 be approved by Council with $13,222.94 financed by the City and $5,347.26 and $26,629.56 financed by GNBA and the Optimist Club respectively. ORDERED on the motion of Alderman Fisher, seconded by Alderman Susiu, that the report be received and adopted. Carried Unanimously. R-93-20 - Chief Administrative Officer - Re: Prcakaess Park Developsnent Master Plan. The report reconnnends the following: 1. That Council approve the Preakness Park Master Plan; 2. That Council aothorize staff to prepare the appropriate tender doctnnentation tbr the development of Preakness Park. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and edopted. Carried Unanimously. F-93-25 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $908,654.66 for the period ending May 17, 1993, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in thvour. See By-law No. 93-126 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the actions taken on the following by the Finance Committee, earlier this evening, be approved. 1. Minutes of May 10, 1993 meeting be adopted as amended; Report FC-93-16 - 1993 Water Budget; and Report FC-93-19 - 1993 Water Budget - 1993- 1994 Water Rates and Service Charges - that the 1993 Water Budget and 1993-1994 Water Rates and Services charges be adopted and that staff initiate the reduction of the discount rate to 5% effective on or about January 1, 1994 and a further reduction of 5% on or about January 1, 1995 - Aldermen Craitor & Sherat opposed; Report FC-93-14 - Service Deposits for Water Accounts payable by Tenants - that Report FC- 93-14 be deferred until such time as the economic climate improves; -4- Report FC-93-20 - Financing of Owners' Share of Local Improvements - to approve an interest rate of 8.75% for the portion of the local improvement costs that have not been paid by property owners and being financed by the City - Aldermen Janvary & Susin declared a conflict of interest; Report MW-93-111 - Grass Cutting of "Cul-de-Saes" - that the 1993 Budget not be amended to include cutting of grass in "cul-de-sacs" in 1993. Staff was requested to bring back a report to the committee with costs on placing asphalt on the cubde-sacs. An advertisement will be placed in the local newspaper requesting residents' cooperation in tending to the cul-de-sacs in their area - Mayor Thomson, Aldermen Janvary & Sherat opposed; Report R-93-21 - Festival of Lights - Walt Disney Co. - that staff be authorized to enter into an agreement with the Walt Disney Company to cover the cost of up to $75,000 for a three-day Disney Show to be held in connection with the Winter of Festival of Lights. .Carried L-93-21 - Chief Administrative Officer - Re: Encroachment Agreement - D'Amico; 5824 Main Street, Niagara Falls; File No. 93-C4-013. The report recommends that Council approve the By-law appearing on this evening's agenda to permit the encroachment of a building upon City lands. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. Carried Unanimously. ' See By-law No. 93-125 CD-93-22 - Chief Administrative Officer - Re: Limitation of Lieences for Monte Carlo Events to Local Organizations. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be received tbr the Information of Council, and that a further report be obtained to acquire more information on the matter. Carried Unanimously. CD-93-23 - Chief Administrative Officer - Re: Special Occasion Permits - United Way and 100th Anniversary Reunion Niagara Falls Collegiate and Vocational Institute. The report recommends that Council indicate that it has no objection to the issuance of a Special Occasion Permit to the organizations listed in this report. ~ ORDERED on the motion of Alderman Handershot, seconded by Alderman Germane, that the report be received and adopted..Carried Unanimously. Office of the Mayor - Re: Information on Cheque No. 86329. The report recommends that the information in this report be received and filed. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the report be deferred for further information on the matter. The motion Carried with Aldermen Cowan, Hendershot, Janvary, Shetar and Ward voting contrary to the motion and with all others voting in fayour. RESOLUTIONS NO. 56 - JANVARY - SHERAR = RESOLVED that a letter of condolence be forwarded to the family of the late Eileen Helen Cummings, mother of Alderman Pat Cummings. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -5 - BY-LAW.______~S ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-119 93-120 93-121 93-122 A by-law to authorize the execution of an agreement with 284612 Ontario Ltd. operatiog as Bob Robinson Construction, tbr tv inspection of sanitary sewers. A by-law to authorize the execution of an agreement with Trans-Video Inspection Li~nited for high pressure hydraulic cleaning of sewers and culverts. A by-law to repeal a portion of By-law No. 78-70, being a by-law to designate the Oswald Residence at 2922 St. Paul Avenue of architectural value and of historic interest. A by-law to impose special rates to provide for the payment of the o~vners' portion of the cost of certain local improvements. 93-123 93-124 A by-law to authorize the release of conditions iu an Agreement with Steve Tar. czy, Frank Arpad Tarczy and Brenda Joyce Tarczy. ' A by-law to authorize the execution of a conveyance transt~rring part of a closed road allowance to Michel Drolet and Charlone Drolet. 93-125 A by-law to authorize the execution of an agreement with Vincenzo D'Amico and Gerarda D'Amico respecting the continuance of encroachments over certain land conveyed to the City. 93-126 A by-law to authorize monies tbr General Purposes (May 17, 1993). The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 93-126 on a conflict of interest previously recorded, Alderman Susin abstaining from the vote on By-law No. 93-122, on a conflict of interest previously noted and with all others voting in furour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the tbllowing by-laws be now read a second and third time: 93-119 93-120 93-121 93-122 A by-law to authorize the execution of an agreement with 284612 Ontario Ltd. operating as Bob Robinson Construction, for tv inspection of sanitary sewers. A by-law to authorize the execution of an agreement with Trans-Vidco Inspection Limited for high pressure hydraulic cleaning of sewers and culverts. A by-law to repeal a portion of By-law No. 78-70, being a by-law to designate the Oswald Residence at 2922 St. Paul Avenue of architectural vah~e and of historic interest. A by-law to impose special rates to preyida for the payment of the owners' portion of the cost of certain local improvements. 93-123 93-124 A by-law to authorize the release of conditions in an Agreement with Steve Tarczy, Frank Arpad Tarczy and Brands Joyce Tarczy. A by-law to authorize the execution of a conveyance transt~rring part of a closed road allowance to Michel Drolet and Charlone Drolet. 93-125 93-126 A by-law to authorize the execution of an agreement with Vincenzo D'Amico and Gerarda D'Amico respecting the continuance of encroachments over certain land conveyed to the City. tbr Purposes, 17, :2 -6- The motion Carried with. Alderman Craitor abstaining from the vote on By-law No. 93-126 on a conflict of interest previously recorded, Alderman Susin abstaining from the vote on By-law No. 93-122, on a conflict of interest previously noted and with all others voting in fayour. NEW BUSINESS Tourism Advisory Board for Niagara Falls Alderman Craitor referred to a letter submitted by Mr. lames A. Whyte, President and Business Manager of the Hotel, Motel and Restaurant Employees Union Local 442 requesting to be considered as a participating member of th~ Tourism Advisory Board of Niagara Falls. .Iunior Social Planning Council Alderman Craitor advised of his participation at the Junior Social Planning Council held at St. Michael's School with the subject being Youth Unemployment. Alderman Craitor indicated that it was a very informative forum and suggested that future events be held during the day in order to have more student participation. Council Communications Alderman Puttick suggested that certain correspondence received from various individuals be placed under "Council Communications" rather than being placed in the "Information for Council" correspondence. Turret Conditions Alderman Puttick expressed concerns over the appearance of turret type towers located at 6671 Oaks Drive. It was suggested if these turrets were not painted by the beginning of June, 1993 that Property Standards action would be taken. ORDERED on the motion of Alderman Ward, seconde~ by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, 2K, DEPUTY CITY CLERK MAYOR WAYNE THOMSON EIGHTEENTH MEETING COMMITrEE OF TIIE WHOLE Coumthtee Room #2 May 31, 1993 Council met on Monday, May 31, 1993 at 7:05 p.ul. in Committee of tile Whole. All members of Council, with the exception of Alderman Orr, who was a~vay 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 AND ADOPTED, ............ MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chatnbers May 31, 1993 Council met on Monday, May 31, 1993 at 7:30 p.m. fur the purpose of considering Regnlar Council Business. All members of Council, with the exception of Alderman Orr, who was away dne to illness, were present. His Worship Mayor Thomson presided as Chairman. Alderman Susin offered the Opening Prayer. ADOPTION OF MINUTES Alderman Susin requested that the Minutes of May 17, 1993 be amended to reflect his conflict of interest on By-law 93-122, because he has a business interest. ORDERED on the motion of Alderman Sherar, seconded by Alderman Hendershot, that the Minutes of the Regular Meeting of May 17, 1993 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cowan indicated a pecuniary interest on Report F-93-26, Cheque No. 87017, because the recipient is his employer. Alderman Susin indicated a pecuniary interest on By-raw No. 93-134, because he owns property in the area; and Report PD-93-57, because he has a business interest. Alderman Craitor indicated a pecuniary interest on Report F-93-26, Cheque Nos. 86885 and 87061, because his wife is employed by the Region; and on Cheque No. 87052, because he is a volunteer member of the organization. -2- UNFINISHED BUSINESS EXOTIC ANIMAL BY-LAW L-93-22 - Chief Administrative Officer - Re: Exotic Animal By-law; File No. 93-B3-055. The report recommends that this report be for the Information of Council. - AND - Communication from City of Guelph - Re: Resolution requesting the Federal and Provincial governments to implement appropriate standards and guidelines for the care and transportation of exotic animals. - AND - Communication from the Niagara FalLs Humane Society - Re: Comments on the City of Guelph's resolution. His Worship Mayor Thomson declared the Public Meeting open and the City Clerk advised that the Notices of the Public Hearing had been advertised in the Niagara Falls Review on May 3, 1993. His Worship Mayor Thomson received a positive response to his request for a show of hands by persons present who were interested in the by-law. He requested that all persons wishing to receive further notice of the passage of the bi'-law submit their names and addresses to the Deputy Clerk prior to leaving the meeting. His Worship Mayor Thomson received a positive respome to his request for comments from persons, in support of the application and received a positive response from persons opposed to the application. Alderman Bruce Cowan, Manager of the Niagara Falls Humane Society advised of the necessity for a by-law prohibiting and regulating exotic animals in the City of Niagara Falls and requested Council support the proposed by-law. Liz White, Animal Alliance, Toronto, expressed support of the proposed by-law and referred to the health and safety of children and to citizens by allowing dangerous and diseased animals to live in the community and requested the by-law be adopted. Catherine Ens, St. Catharines, stated the proposed by-law seeks to protect the individual; expressed public health and safety concerns. Dr. Ronald Orenstein, Zoologist, International Wildlife Coalition, Mississauga, advised that many exotic animals are nervous and highly strong and can pose human health and safety problems. Mike Thomson, Ontario Coalition of Responsible Animal Keepers, Port Colborne, provided a brief history on the Ontario Coalition of Responsible Animal Keepers; referred to the establishment of a by-law to control not ban exotic animals and suggested that members of the Ontario Coalition of Responsible Animal Keepers assist rescue crews in emergency situations on an on call basis. Rick Rempel, President, Niagara South Federation of Agriculture, Niagara Falls, advised that implementation of the proposed by-law could have exotic animals being kept under less than ideal conditions. Mr. Reinpal requested that research not be discouraged., and questioned the restocking of wild and endangered species. David Gibson, World Pheasant Assodation, Port Colborne, expressed concerns regarding the proposed by-law and advised that it would refrain breeders from raising rare game birds and questioned the need for such a by-law. Mr. Gibson informed that the public should have the right to keep exotic pets under controlled conditions. -3- John Shipside, Ontario Llama and Alpaca Club, referred to the proposed by-law and expressed concerns regarding the possible mistreatment of animals; the safety of the neighbouts of someone who keeps any animal; the safety of police, fire department or ambulance crews who enter a home in an emergency situation. Mr. Shipside advised the proposed by-law does not properly address exotic animal problems and infringes on the potential livelihood of farmers and on the constitutional rights of responsible animal keepers in the city. Anna Andres, Big Birds of Niagara, and the Ontario Ratite Association, expressed concerns of the proposed byqaw restricting the keeping of exotic animals and questioned bona tide agricultural exemptions; the definition of bona fide agricultural operations and the classification of these operations. Elliot AbelIs, Garden Brns. Circus, reviewed the Judgement of the Court of Appeal tbr Ontario of January, 1993 and Schedule "A" in the 1992 by-law as amended regarding banning the use of exotic animals in travelling circuses. The City Solicitor advised that the Monicipal Act did not intend the nrunicipality to control the conduct of circuses, but to control the keeping of exotic animals. Annette Simms, Metro Toronto Zoo, expressed concerns regarding saving endangered species and individuals having exotic animals as pets. Patricia Thiessen, Putting People First, provided a brief history of the organization and expressed support to having regulations not bans and advised that the organization believes in the humane, ethical and responsible animal ownership. Tom Richardson, Solicitor, representing Marineland expressed concerns regarding the proposed by-law and advised that his client was opposed to the passage of the by-law. Mr. Richardson referred to exemptions of the three types of agencies; the lands and premises owned by Marineland and that any future acquisitions of additional lands would require additional amendments to the by-law. Further discussion ensued with regard to bona fide agricu tural operations; exotic animals kept on lands and premises used tbr welfare, education and research purposes; exotic aniinals kept at bona fide Rehabilitation Centres; and the cost and enforcement of the by-law. Rob Laidlaw, Zoocheck Canada, Toronto, expressed concerns regarding animal welfare; the ramifications of such a by-law; public and animal safety. Steve Kendall, Animal Husbandry Society, stated that individuals should have the right to own exotic animals under controlled conditions and indicated that federal guidelines should be established. Inn Meyers, Port Colborne, expressed concerns regarding breeding endangered species in captive breeding and indicated laws and regulations are required to be put into place to protect the individual. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with respect to the Exotic Animal By-law closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the matter be dei~.rred for further consideration. The motion Carried with the following vote: AYE: NAYE: Aldermen Cowan, Cutnmings, Fisher, Janvary, Susin and Ward. Aldermen Craitor, Germane, Hendershot, Sherat and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the correspondence be received and filed. The motion Carried with Alderman Cowan voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the City of Guelph correspondence ba received and filed. Carried Unanimously. -4- ~5- COMMUNICATIONS Communication No. 180 - Art by the Falls - Re: Hawkers and Pedlars' Licence. The communication requests Council consider a reduced fee for local charitable organizations. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the matter be referred to staff. Carried Unanimously. Communication No. 181 - Boys' and Girls' Club of Niagara - Re: Public disclosure of Records. The communication requests that a meeting be arranged with members of Council, the Clerk's Department and representatives from B.J. Games or Casino Amusements Inc. to discuss the documents, Monte Carlo events and any other concerns with regard to these events. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that a meeting be set up through the Clerk's Department. Carried Unanimously. Communication No. 182 - Niagara Falls Economic Development Agency - Re: Ministry of Economic and Trade Re-Organization. The communication expresses concerns regarding the maintenance of the domestic field offices of the Ministry of Economic Development and Trade, particularly in the Niagara Region. ORDERED on th, motion of Alderman Cummings, seconded by Alderman Craitor, that the correspondence be received and filed 'and that Council endorse the resolution appearing later on the agenda. Carried Unanimously. See Resolution No. 57 Communication No. 183 -The Parish of St. Cnlumba - Re: Habitat for Humanity. The communication expresses concerns regarding Council's decision to deny the request for participation in an affordable hensing pro~ect. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the correspondence be received and filed and further that the City Clerk be advised to forward a letter advising of Council's decision. Carried Unanimously. Communication No. 184 - Niagara Industrial Training Advisory Corporation - Re: Order of Ontario recipients. The communication expresses concerns respecting the Order of Ontario recipients travelling to Quebec to receive their awards for outstanding contributions to the Province of Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that a resolution be furwarded to the province condemning the actions of the province of Ontario for having chosen a site in aprovinceotherthanOntarioforthepresentationoftheOrdarofOntarioawards. Carried Unanimously. See Resolution No. 60 Communication No. 185 - Niagara Falls Skating Club Inc.- Re: Ice Rental Price. The communication expresses appreciation to the City of Niagara Falls for financial assistance in subsidizi~3g their ice rental price. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimonsly. Communication No. 186 - Regional Niagara, Office of the Cl~rk - Re: Workers' Compensation Coverage. The communication provides information on Regional Council's recommendations to Workers' Compensation Coverage for Students on Clinical/Field Placement. ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that the cotranunication be received and filed for the information of Council. Carried Unanimously. ...5 Communication No. 187 - Transport 2000 Canada - Re: VIA Train Service. The communication requests Council pass a resolution opposing cuts in VIA train service. ORDERED on the motion of Alderman Janvary, seconded by Alderman Shetar, that the correspondence be received and filed and that the resolution on tonight's ageride be endorsed. Carried Unanimously. See Resolution No. 58 Connnunication No. 188 - Niagara District Airport Commission - Re: Transfer of the airport to local airport authority. The communication requests Council endorse the resolution regarding the transt~r of the airport to Niagara-on-the-Lake. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the correspondence be received and filed and that the resolution on tonight's uganda be endorsed. Carried Unanimously. See Resolntion No. 59 Communication No. 189 - Town of Newmarket - Re: Resolution. The communication requests Coupnell endorse a resolution asking the Premier of Ontario to dissolve the Provincial Legislature and call an election due to the inability of the present provincial government to manage the affairs of Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cruller, that the communication be received and filed. The motion Carri~ with Alderman Hendershot voting comrary to the motion and with all others voting in fayoar. Communication No. 190 - Regional Niagara, Office of the Clerk - Re: Bridge Weight Restrictions. The communication provides information with respect to approval of a by-law establishing weight restrictions for the CNR Bridge over Portage Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the commnnication be received and fled. Carried Unanimously Communication No. 191 - St. Paul High School - Re: 10th Anniversary Reunion. The communication requests permission from Council to be exempted from the noise by-law on June 4, 1993 between 11: 15 a.m. and 1:30 p.m. to provide lunch time entertainment. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, to grant an exemption from noise by-law to hold a live band between 11:00 a.m. and 1:30 p.m. Carried Unanimously. REPORTS B-93-28 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for April, 1993. The report recommends that this report be received and tiled. ORDERED on the motion of Alderman Susin, seconded by Alderman Sherat, filet the report be received and filed. Carried Unanimously. B-93-32 - Chief Administrative Officer - Re: Property Slandards Order, Curtis Properties, 4431 Victoria Avenue. The report recommends that the Corporation retain a salvage contractor to forthwith complete the work which Curtis Properties was directed to carry out under the Order of the Property Standards Officer. ORDERED on the motion of Alderman Cummings, seconded by Aldersnan Hendershot, that the report be received and adopted. Carried Unanimously. B-93-33 - Chief Administrative Officer - Re: Properly Standards Order, Young & Myung Chung, 4839 Victoria Avenue. The report recommends that the Corporation retain a wrecking contractor to forthwith complete the work which Young Chung and Myung Chung were directed to carry out under the Order of the Property Standards Officer. ORDERED on the motion of Alderman Cummings, seconded by Alderman HenderShot, that the report be received and adopted. Carried Unanimously. -6- -7- MW-93-113 - Municipal Parking & Traffic Committee Chairperson - Re: Municipal Parking & Traffic Committee Recommendations, May 12, 1993 Meeting. The report recommends the following: MW-93-97 - All-Way Stop Request at Frederica Street & Highland Avenue - That the existing stop control be maintained for traffic on Highland Avenue and Frederica Street. MW-93-98 - Traffic Operations on Crowland Avenue - That "pedestrian Advance" signs be installed on Crowland Avenue in advance of Young Road. MW-93-99 - Parking Restrictions on Collins Drive - That parking be restricted from 8:00 a.m. to 5:00 p .m., Monday to Saturday, on the north side and the south side of Collins Drive, between Joyce Avenue and Drummond Road. Criminals Hall of Fame - Meter Rental - That Mr. John Lombardi's request to park a 1941 Ford Car in front of the Criminals Hall of Fame, at a parking meter from June 15, 1993 to September 15, 1993, at a cost of $637.00 be approved. Thorold Stone Road at St. James Avenue - Request for Traffic Signal Installation - That 1) two school crossing guards be located at the intersection of Thorold Stone Road and St. James Avenue; 2) That the Region of Niagara be requested to review the need for the installation of a Traffic Signal at the above mentioned intersection and/or some other measure to make the crossing of Thorold Stone Road safer for school children. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the report be received and adopted. Carried Unanimously. MW-93-116 - Chief Administrative Officer - Re: Pipe Crossing Agreement with C.N, Rail for the Installation of a Watermain on Mewburn Road at C.N. Mileage 5.40 Grimsby Subdivision. The report recommends that the by-law appearing on tonight's Council agenda be given the necessary readings to authorize the execution of a Pipe Crossing Agreement with C.N. Rail for the above referenced works. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law 93-135 MW-93-128 - Chief Administrative Officer - Re: QueStion for Geetechnical Investigation for Various City Projects. The report recommends that the unit rates submitted by the low bidder, Consoil Quality Control and Construction Management, be accepted and awarded to this Firm. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. RATIFICATION OF MUNICIPAL WORKS COMMITFEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the actions taken on the following matter by the Municipal Works Committee, earlier this evening, be approved. MW-93-117 - Tee Creek Report Update - Rural Watercourse Drainage Improvements - That Report MW-93-117 be approved and that a by-law be passed adopting the Final Report for Improvement Works on Tee Creek. The motion Carried with the following vote: In FaygUt; 6 Opposed: Aldermen Fisher, Janvary, Sherar, Cummings and Craitor. Carried R-93-11 - Chief Administrative Offleer - Re: Spectator Sating at the Niagara Falls Memorial Arena. The report recommends that By-law appearing on this evening's agenda authorizing an agreement with Hamilton Tigers Hockey Club Limited to remove the existing seats, and to purchase and install 2,950 reconditioned seats at tha Niagara Falls Memorial Arena, for a total cost of $74,635.00. ORDERED on the motion of Alderman Ward, seconded by Alderman Cmnmings, that the report be received and adopted. Carried Unanimously. See By-law No. 93-130 R-93-22 - City of Niagara Falls Recreation Commission Chair - Re: Phiicy Revisions. The report recommends that Council approve the minor revisions to the following policies: Financial Assistance for Provincial, National, International Competition - Section 1000.6; Funding Policies - Recreation Commission, Section 1000.9. ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimoosly. R-93-23 - City or Niagara Falls Recreation Commission Chair - Re: Summer Ice Schedule. The report recommends that Council approve the attached schedule for the use of Summer Ice hours at Stamtbrd Memorial Arena. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. ~ PD-93-57 - Chief Administrative Officer - Re: Request for Extension tn Draft Plan Approval Belleview Estates Plan 2 - 26T-90014. The report recommends the following: That Council adopt and forward to lhe Regional Municipality of Niagara, a resolution supporting a one-year extension to the Belleview Estates Plan 2 Draft Plan of Subdivision, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements; 2. That a copy of this report and Council' decision be forwarded to the Regional Municipality of Niagara, and to Eric Henry. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conf ict of interest previously noted and with all others voting in fayour. PD-93-58 - Environmental Planning & Greening Committee Chairperson - Re: Action from the Environmental Planning and Greening Committee Meeting of May 19, 1993. The report recommends that Council endorse the actions resulting from the May 19, 1993 meeting of the Environmental Planning and Greenink Committee. It was moved by Alderman Sherar, seconded by Alderman Cummings, that Item No. 6 - Tree Issue at Highway 420/Stanley Avenue - Boychuk and the Report be dealt with separately. Carried Unanimously, Mr. Ken Boychuck had requested to have a row of trees removed along the south side of Highway 420, east of Stanley Avenue last fall. There were a series of meetings held on this matter and a referral to the Environmental Planning and Greening Committee for further review. On November 18, 1992, the Committee approved the following recommendations: 1. That following a thorough investigation of this issue and review of possible options, that Council be advised that Committee reaffirms its position of not supporting the removal of any trees that have been planted by the Ministry of Transportation along the south side of Roberrs Street and Highway 420, east of Stanley Avenue; 2. That the Ministry of Transport be requested to prune the lower branches of the trees as needed to ensure that the southerly view by vehicular traffic is not obscured; 3. That this item not be brought before Council until the Spring, 1993 (in order to accommodate Mr. Boychuk's schedule), Mr. Boychuk has been advised the recommendation will be sent to Council, -8- -9- Following some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Germane that Item #6 of the report be received and adopted as submiRed. The motion Carried with Alderman Janvary voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. F-93-26 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,501,328.49 for the period ending May 24, 1993, and the accounts totalling $1,356,856.59 for the period ending May 31, 1993, be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque No. 87018. It was moved by Alderman Hendershot, seconded by Alderman Fisher, that Cheque No. 87018 be paid. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted, The motion Carried with Aldermen Cowan and Craitor abstaining from the vote on conflicts previously noted and with all others voting in fayour. See By-law No. 93-136 See By-law No. 93-137 F-93-27 - Chief Administrative Officer - Re: 1993 Tax Rates. The report recommends that the Council of the City of Niagara Falls receive this report for information purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendarshot, that the report be received and adopted. Carried Unanimously, F-93-28 - Chief Administrative Officer - Re: Water Discount Rate. The report recommends that the Council of the City of Niagara Falls pass a by-law amending the discount provided for payment of water bills on or before the discount date, from 109; to 5% effective January 01, 1994. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be approved with the amendment "that the discount be eliminated and a 5% penalty be imposed effective January 01, 1995". Carried Unanimously. t RATIFICATION OF FlNANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the actions taken on the following matter by the Finance Committee, earlier this evening, be approved. That the minutes of the May 17th, 1993 meeting be adopted as amended. Winter Festival of Lights - To authorize additional funding in the amount of $171,000 in support of the Winter Festival of Lights. These funds are to be realized from the Falls Industrial Park re,serve. The motion Carried with Alderman Puttick opposed. .C~rried C-93-06 - Chief Administrative Officer - Re: Foodbanks. The report recommends that the information attached to this report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and filed. The motion Carried with Alderman Puttick voting contrary to the ntofion and with all others voting in fayour. L-93-26 - Chief Administrative Officer - Re: The Establishment of Certain One Foot Reserves as Public Highways in Drummond Park Village Subdivision; File No. 91-B3-038. The report recommends that the by-law appearing on this evening's agenda for the establishment of certain one foot reserves as public highways in Drummond Park Village Subdivision be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 93-133 Mayor Wayne Thomson, Chairman, Team Niagara Tourism - Re: Feasibility Study Financing "UIthnate" People Mover System. The report recommends that the City agree to pay 12.5% of the cost of a feasibility study for an "Ultimate" People Mover System. It is intended that the Provincial Government will pay 75% and the Region 12.5% of the cost. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report he received and adopted. The motion Carried with Aldermen Puttick and Susin voting contrary to the motion and with. all others voting in fayour. RESOLUTIONS NO. 57 - WARD ~ CRA1TOR - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby supports the maintenance of the foreign service officers of the Ministry of Economic Development and Trade in Canadian Embassies around the world; AND THAT Council further supports the maintenance of the domestic field offices of the Ministry of Economic Development and Trade, particularly in the Niagara Region, in light of the present economic conditions; AND THAT the Honourable Frances Lankin, Minister of Economic Development and Trade be requested to review this matter. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 58 - WARD - CRAITOR - WHEREAS the Federal Minister of Finance has announced cuts in the annual funding to VIA Rail; AND WHEREAS these cuts are expected to cause reductions in service; AND WHEREAS Via Rail wishes to continue their policy of providing competitive fares which attract business; AND WHEREAS Public Hearings dealing with VIA Rail Fares have been cancelled by the National Transportation Agency; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Niagara Fails supports VIA Rail's policy of discount pricing; AND THAT Council believes that Public hearings must be held in order that a fair and equitable treatment of the Fare issue can be achieved; AND THAT the Council is opposed to cuts in VIA Rail service, particularly as they may affect Niagara Falls; AND THAT Via Rail should have some freedom to set competitive prices; AND THAT copies of this Resolution be forwarded to the Hen. Jean Corbeil, Federal Minister of Transport; the Hen. Gilles Pouliot, Provincial Minister of Transport and the National Transportation Agency; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 59 - WARD - CRAITOR - RESOLVED that the Council of the City of Niagara Falls endorses the transfer of the Niagara District Airport to Niagara-On-The-Lake, with a subsequent lease between the Town and the Niagara District Airport Commission. AND the Seal of the Corporation be hereto affixed. Carried Unanim0l~sly NO. 60 - CUMMINGS - SHERAR - WHEREAS it has been reported that the Ontario Ministry of Tourism has chosen a site in a province other than Ontario for tho presentation of the Order of Ontario awards; AND WHEREAS Tourism in the Province of Ontario is suffering hard times due to the recent economic decline; AND WHEREAS adequate facilities for the staging of such an awards program exists in several Ontario municipalities; NOW THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls indicate to the Province that such an action is considered to be an insult to the citizens of Ontario and is not acceptable. - 10 - BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-127 WITHDRAWN 93-128 A by-law to provide for the appropriations for the year 1993. 93-129 A by-law to fix the rate of taxation for 1993 and to provide for the levying of taxes. 93-130 A by-law to authorize the execution of an agreement with Hamilton Tigers Hockey Club Limited to remove the existing seats and to purchase and install 2,950 reconditioned seats at the Niagara Falls Memorial Arena. 93-131 A by-law to amend By-law No. 70-135, as amended, being a by-law to impose a sewage service rate. 93-132 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 the waterworks and for the imposition and the collection of water rates. 93-133 A by-law to establish certain one foot reserves as public highways. 93-134 A by-law to authorizetheexecutionofan agreement with TransCanada Pipelines Limited. 93-135 A by-law to authorize the execution of a Pipe Crossing Agreement with Canadian National Railway Company for watermains installation at Mewburn Road. 93-136 A by-law to authorize monies for General Purposes (May 24, 1993). 93-137 A by-law to authorize monies for General Purposes (May 31, 1993). The motion C~.rried with Alderman Craitor abstaining from the vote on By-law No. 93-136 on a conflict of interest previously recorded; Aldermen Craitor and Cowan abstaining from the vote on By-law No. 93-137, on conflicts of interest previously recorded; Alderman Susin abstaining from the vote on By-law No. 93-134 on a conflict of interest previously recorded ahd with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the following by-laws be now read a second and third time: 93-127 WITHDRAWN 93-128 A by-law to provide for the appropriations for the year 1993. 93-129 A by-law to fix the rate of taxation for 1993 and to provide for the levying of taxes. 93-130 A by-law to authorize the execution of an agreement with Hamilton Tigers Hockey Club Limited to remove the existing seats and to purchase and install 2,950 reconditioned seats at the Niagara Falls Memorial Arena. 93'131 A by-law to amend By-law No. 70-135, as amended, being a by-law to impose a sewage service rate. 93-132 ,' A by-law, to amend By-law No. 75-20, as amended, being a by-law to regulate thesupply of water and to provide for the maintenance and management of the waterworks and for the imposition and the collection of water rates. 93-133 A by-law to establish certain one foot reserves as public highways. -11- 93-134 A by-law to authorize the execution of an agreement with TransCanada Pipel ines Limited. 93-135 A by-law to authorize the execution era Pipe Crossing Agreement with Canadian National Railway Company for watermains installation at Mewburn Road. 93-136 A by-law to authorize monies for General Purposes (May 24, 1993). 93-137 A by-law to authorize monies/'or General Purposes (May 31, 1993). The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 93-136 on a conflict of interest previously recorded; Aldermen Cowan and Craitor abstaining from the vote on By-law No. 93-137, on conflicts of interest previously recorded; Alderman Susin abstaining from the vote on By-law No. 93-134 on a conflict of interest previously recorded, and with all others voting in hvour. NE~.V BUSINESS Federal Pensions Alderman Puttick referred to correspondence which had been/'orwarded to Prime Minister Mulroney requesting that prior to leaving office he would ensure legislation is passed to reduce Federal pensions. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the Mayor's office be asked to follow up on the matter requesting comments from the Prime Minister's office regarding the reductionof Federal pensions. Carried Unanimously. Maid of the Mist Landscaping ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the Niagara Parks Commission be requested to indicate whether an agreement had been struck with the Maid of the Mist group to landscape in the newly constructed area and if not, could the Maid of the Mist group be requested to do the clean up, as the pile of rubble is an eyesore. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the mecting be adjourned to Committee of the Whole. Carried Unanimously. Committee Room #1 May 31, 1993 Council met on Monday, May 31, 1993 at 11: 15 p .m. in Committee of the Whole. All members of Council, with the exception of Aldermen err, and Puttick, were present. Alderman Cowan presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting, READ AND ADOPTED, 'ii; ................... MAYOR WAYNE THOMSON NINETEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 June 14, 1993 Council met on Monday, June 14, 1993 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cowan, who was away on business, were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers June 14, 1993 Council met on Monday, June 14, 1993 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 away on business, were present. His Worship Mayor Thomson presided as Chairman. Alderman Orr offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Aldermen Hendershot and Janvary reti~rred to the meeting of June 14, 1993 indicated a pecuniary interest on Report L-93-27, Education Apportionment, because the School Board is their employer; and indicated a pecuniary interest on Report F-93-29, Cheque Nos. 87231 and 87430, because the recipient is their employer. Alderman Fisher indicated a pecuniary internst on Report MW-93-131, development charges by- law, because she has a business interest. Alderman Craitor indicated a pecuniary interest on Report F-93-29, Cheque Nos. 87098; 87244; 87245; 87450; and 87451 because his wife is employed by the Region. PLANNING MATTERS PD-93-62 - Chief Administrative Officer - Re: Zoning By-law Amendment~ O.P.Ao No. 212 and AM- 19/92; 6365 Drummond Road; 912724 Ontario Limited - Tom Morocco, The report recommends the tbllowing: That Council support the application to amend the City's Official Plan and Zoning By-law to permit a liquidation centre, an auction hall and an accessory office to be established on the property; 2. That the .y-law only recognize the size and ip declared the Public under Act. ting open and read the to be ...2 -2- The Deputy City Clerk advised that the Notices of the Public Meeting had been advertised in the Niagara Falls Review on May 14, 1993 and by pre-paid First Class Mail to all assessed persons within 120 metros of the proposal. His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-55; Planning Review; Nature of the Official Plan Amendment; Nature of the Zone Change; Compatibility; and the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Mr. Dante MarineIll, Solicitor, advised he was prepared to answer any questions from members of Council. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application O.P.A. No. 212 and AM-19/92 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. Carried Unanimously, PD-93-64 - Chief Administrative Officer - Re: Zoning By-law Amendment Applications AM-7/93, The Niagara Falls Y.W.C.A. Non-Profit Housing Corporation and AM-8/93, Stamford Kiwanis Non-Profit Homes Inc. West Side of Allanthus Avenue. The report recommends the following: That Council support the applicatioas to amend the City's Zoning By-law to permit the Y.W.C.A. to develop a 3 storey, 60 unit apartment building and the Stamford Kiwanis to develop a 4 storey, 40 unit apartment building; That the amending by-laws include provisions to accommodate increased building heights, reduced yards and the encroachment of balconies into interior side and rear yards for the respective projects; however, the request for reduqed parking not be supported; That the applicants be required to pay applicable Development Charges; That the applicants be required to dedicate 1.5m wide road widenines, eliminate the ditch and construct a sidewalk aernss the front of their sites all to the satisfaction of the City's Municipal Works Departments; That the lands be made subject to Site Plan Control to ensure they are developed in a sensitive manner. Communication No. 192 - Niagara Transit - Re: Zoning By-law Changes. The communication advises as foreseeing no problems with these proposals. Communication No. 193 - Social Planning Council of Niagara Falls - Re: Zoning By-law Amendments. The communication provides comments on the proposed amendments and recommends that Council endorse the zoning by-law amendments requested of AM-7/93 and AM-8/93. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. ' -3 - The Deputy City Clerk advised that the Notices of the Public Meeting had been forwarded, by mail to all persons required by the regulations on May 14, 1993. His Worship Mayor Thomson received indication that Mr. Brian McKeown, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request tbr a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-59; Planning Review; Background; Official Plan Conformity; Nature of the Zone Change; Assessment of Need; Concentration of Assisted Housing; Municipal Services; Site Plan Control; and the Public Notification Process. His Worship Mayor Thomson received a positive response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. Mr. Rob Petruniak, 7898 Tad Street, stated he was in support of the application and indicated that individual needs would require individual care and the March of Dimes would provide the services to the proposed project. Mr. Dennis Schweitzer, 6704 Allanthus Avenue, expressed concerns regarding increased volume of traffic; dust problems; poor road conditions and requested road maintenance prior to permitting the development. Mr. Julius Klein, Julius Klein Construction Ltd. expressed concerns on behalf of a number of City rental property owners and as a representative of his family operations, regarding the impact of additional social housing units on privately owned and operated rental units in Niagara Falls; the high cost of construction; the escalating cost of annual subsidies; the potential for "ghettoization" of neighbourhoods, Mr. Klein thanked members for the opportunity to express his concerns and requested that Council vote against City staff's recommendations to support these applications. Mr. Larry Robbins~ 5499 Ontario Avenue, expressed concerns regarding a 16% vacancy rate; the inability to obtain financing to pay his bills and stated that private residential units are less costly than co-op housing. D!scussions were held regarding a "central registry" and "one-window service"; using the private sector as an alternative to affordable housing; vacancy rates and market value units that are being produced, Brinn McKenwn, Solicitor, advised of the unavailability of housing developments in Niagara Falls providing attendant care or facilities for the physically disabled and that the proposed units would fill those needs. Mr. McKcown responded to questions regarding proposed parking facilities; fencing around the parking area and development costs, The City Solicitor responded to questions on whether the two applications could be handled individually and advisexl that due to the structure of the agreements, the applications must proceed together. The Solicitor further advised that Council must consider the application on its merits and the agreements are conditional on zoning approval but that the City was under no obligation to approve zoning. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-7/93 and AM-8/93 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received an6 adopted, The motion Carried with the following vote: AYE: Aldermen Cummings, Craitor, Fisher, Germane, Headershot, Janvary, err, and Puttick. NAYE: Aldarmen Sherat, Susin and Ward. I -4 ~ -5 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the cmnmunieations be received and filed. Carried Unanimously. PRESENTATIONS Prior to proceeding with further Planning Matters, His Worship Mayor Thomson presented the 1992- 1993 City of Niagara Falls Environment Award to Marselle Calabrese and the Niagara District Council representing the Boy Scouts of Canada, in recognition of Scouts Canada and Niagara District Council for their participation in the 1993 Arbor Day Tree Planting Celebration at Crawland Park and previous contributions towards Environmental enhancement. MISCELLANEOUS PLANNING MATTERS PD-93-63 - Chief Admlnislrative Officer - Re: Draft Plan of Subdivision 26T-92015 Southgate Estates (Revised) Ministry of the Environment Concerns. The report recommends the following: 1. That Council approve the attached report PD-93-41 with the exception of the third (3) Recommendation which is to be deleted and removed; 2. That the Region and the Ministry of axe Environment be advised accordingly. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Craitor, Hendershot, Orr, Puttick, Sherat, and Ward. NAYE: Aldermen Fisher, Germane, Janvary, and Susin. See Resolution No. 64 REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the minutes of the Regular Council meeting of May 31, 1993 be adopted as printed. Carried Unanimously. : PUBLIC MEETING - DEVELOPMENT CHARGES MW-93-131 - Chief Administrative Officer - Re: Amendment to the Development Charges By-Law No. 91-267. The report recommends the following: 1. That tonight's meeting be considered as the required Public Meeting as per the Development Chargas Act; 2. That any Member of the Public be given an opportunity to speak on axe By-Law; 3. That axe By-Law on tonight's Agenda be approved. His Worship Mayor Thomson declared the Public Meetingopen and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notices of the Public Meeting had been advertised in the Niagara Falls Review, the St. Catharine Standard and the Welland Tribune on May 21, 1993. His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive tunher notice of axe passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. The City Solicitor advised the development charges by-law refers to new or re-develop~nent of land; the removal of buildings or structures or parts of buildings or structures from land, but does not refer to damaged buildings. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Amendment to the Development Charges By-Law No. 91-267 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. The motion .Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously recorded; Alderman Puttick voting contrary to the motion and with all others voting in furour. See By-law No. 93-148 DEPUTATIONS Niagarn Ref, ional Native Centre ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the matter be deferred to the June 28, 1993 Council meeting. Carried Unanimonsly. Tee Creek Drain Matter ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cumnlings, that the matter regarding the Tee Creek Rural Watercourse Drainage Improvements matter be deferred to the June 28, 1993 Council meeting. Carried Unanimously. COMMUNICATIONS Connnunkation No. 194 - Ontario Restaurant Association - Re: Petition. The cominunication requests Council to initiate any measures which will provide an extension to the hours of service for Licenced Establishments. ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings that the request be endorsed through a Resolution and further that the Mayor, the Ontario Restaurant Association and interested members of Council meet with the Chairman of the Liquor Licensing Board to discuss the matter of extended hours. Carried Unanimot~sly. Communication No. 195 - Niagara Fulls, Visitor & Convention Bureau - Re: Update. The communication provides an update on the membership of the Niagara Falls, Canada, Visitor & Convention Bureau and the status of the external marketing programrues. ORDERED on the tnotlon of Alderman Janvary, seconded by Alderman Craitor, that the communication be received and filed. Carried Unanimously. Following discussions on the recent Winter Festival of Lights office relocation, the Director of Parks and Recreation responded to comments regarding the Festival of Lights Committee; the Committce's mandate; and advised that a Section 25 grant would help offset office costs. Concerns were expressed regarding the accountability of the group to Council and the issue of withholdingeta $300,000 grant until further information was provided to Council; it was also suggested that the City Treasurer sit on the committee and having Council representation on the Board. -6- -7 - ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that due to insufficient information from the Festival of Lights group with respect to their office relocation; and the accountability of the organization to Council being in question, that the grant of $300,000 be withheld until further information was provided on the matter. The motion Carried with the following vote: AYE: Aldermen Cummings, Craitor, Fisher, Germane, Orr, Puttick, and Susin. NAYE: Aldermen Hendershot, Janvary, Sherat and Ward. Following further discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the Mayor request the Chairman of the Festival of Lights Committee to address Council at the next Council meeting to clarify the situation. Carr._ed Unanimonsly. Communication No. 196 - Niagara Falls, Canada, Visitor & Convention Bureau - Re: City Maps. The communication requests 10,000 complimentary city maps for the Falls, Family Fun Packages. ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the matter be referred to the Mapping Sub-Committee. Carried Unanimously. Communication No. 197 - Acres - Re: 13th Annual Terry Fox Run. The communication requests that 1 ) Council approve the event being held on Sunday, September 19, 1993; and 2) requesting permission to hang a banner on Stanley Avenue, announcing the Terry Fox Run from September 6-20, 1993. ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that request (1) be approved subject to the normal parks & Recreation procedure; and further that request (2) be granted subject to the approval of other agencies. Carried Unanimously. Cmnmunication No. 198 - Social Planning Council of Niagara Falls - Re: Amalgamation of Local Housing Authorities. The communication provides information on a proposed amalgamation of East- Niagara Housing Authority; Central Niagara Housing Authority and North-Niagara Housing Authority. ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the communication be received and tiled liar the Information of Council. Carried Unanimously. Connnunication No. 199 - The Corporation of the Town of Halton Hills - Re: Banning future landfills on the Niagara Escarpment. The communication requests Council support a Private. Members Bill, Bill 62 which would ban future landfills on the Niagara Escarpment. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the communication be received and filed for the Information of Council. Carried Unanimously. Communication No. 200 - Mr. Grocer - Re: Store Openings on Holidays. The communication expresses concerns regarding store openings on holidays, Sundays and the designation of "tourist area". His Worship Mayor Thomson advised that a Special Public Meeting was being held on 'lhursday, June 17, 1993 to discuss the matter and inform area retailers of the provisions of the Retail Business Holidays Act. ORDERED on the motion of Alderman Shetar, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimously. Communication No. 201 - Niagara Promotion Association - Re: 34th Annual Blossom Festival Parade. The communication expresses appreciation to City staff for their efforts in the Blossom Festival Parade. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the communication be received and filed for the Information of Council. Carried Unanimously. Communication No, 202 - Mr. Vittorlo Vaeca, 6661 Mentread Road Property Inc. - Re: 13r~nway Estates (Revised); File: 26T-90002; 6661 Meritrose Road Property. The communication reAluesta permission to build two model homes, Greenway Estates Plan of Subdivision. ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the request be approved subject to the applicant entering into an agreement that is satisfactory to the Municipality. The motion Carried with Alderman Fisher voting contrary to the motion and with all others voting in fayour. Com~nunieation No. 203 - The Niagara Parks Commission - Re: Maid of the Mist landing. The communication provides information regarding a pile of rubble at the Maid of the Mist landing. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the cotnmunication be received and filed for the Information of Council. Carried Unanbnously. Comanunication No. 204 - Club ltalla - Order of Sans of Italy of Ontario - Re: Fireworks Display. The communication requests Council permission to hold a Pyretechnic tireworks display on Sunday, July 11, 1993. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the request be approvexl subject to established policy and in accordance with By-law 70-86 as amended and that Council endorses the Resolution on tonight's agerids. Carried Unanimously_. See Resolotion Nc~. 66 Con~munication No. 205 ~ Victoria Avenue Property Owners' Association - Re: Upgrading area. The communication indicates that the Victoria Avenue Property Owners wish to improve the streetscape in the area from Highway 420 to Centre Street on Victoria Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the matter be referred to staff. Carried Unanimously. Communication No. 206 - Maclean Hunter Cable T.V. - Re: Coverage of Council Meetings. The communication provides information regarding City Council meetings being presented on a "taped delay" basis as of June 28, 1993. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communication be received and filed for the Information of Council. Carried Unanimm~sly. REPORTS B-93-35 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report tier May, 1993. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Sherat, seconded by Alderman Hendershot, that the report be received and filed. Carried Unanimously. B-93-36 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Kingdom Hall, 6457 Montrose Road; Site Plan Control - SPC-93-04. The report recommends that Council approve the above subject Site Plan for a proposed church pursuant to Section 41 of the Planning Act, comprising of the Site Plan being drawing No. A-I, and the landscape plan being drawing No. L-I. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimonsly. B-93-37 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Office Building; 6974 Lundy's Lane; Site Plan Control SPC-93-05. The report recommends that Council approve the above subject Site Plan for a proposed office building pursuant to Section 41 of the Planning Act, comprising of the Site Plan being drawing No. SP-I and, the site servicing and grading plan being drawing No. 650- I. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously, -8- -9- B-93-38 - Chief Administrative Officer - Re: Sale of Drummond Branch Library. The report recommends that Council endorse the resolution of the Niagara Falls Library Board to sell the Drummond Branch Library. Following some discussion it was noted the Director of Buildings, Inspections & Special Assignments bring back a report regarding the sale of the property. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. HR-93-14 - Chief Administrative Officer - Re: WCB Discussion Paper on Schedule 2 Funding Issues. The report recommends that the attached Resolution be approved, outlining the concerns of the City of Niagara Falls about the proposed revisions to Schedule 2 funding, and supporting the conclusions reached by the Regional Treasurers of Ontario, the Municipal Finance Officers Association and the Municipal Workers' Compensation Board Users Group (background available in Human Resources Department). ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 63 MW-93-129 - Chief Administrative Officer - Re: By-law to Authorize the Reconstruction on Valley Way from Portage Road to Drummond Road. The report recommends the following: 1. That Council hear any person who claims that his/her land will be prejudicially affected by the by-law appearing on tonight's agenda, to authorize the above works; 2. That subject to there being no valid objections, that the by-law appearing on tonight's agenda be given three readings and be passed by Council. His Worship Mayor Thomson received a negative response to his request for comments from persons claiming that his/her land would be prejudicially affected by the by-law appearing on tonight's agenda authorizing the proposed works. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously, See By-law No, 93-140 MW-93-130 - Chief Administrative Officer - Re: Quotatioti 61-93 Chippawa Sump Pump Demonstration Project; Sarah Street - Chipman Crescent. The report recommends that the low bidder, Nick Altiari Excavation Ltd. be accepted and that the by-law appearing on tonight's agenda, be passed awarding this quotation. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in favour. . See By-law No, 93-139 MW-93-134 - Chief Administrative Officer - Re: Contract 934216; Tender for the Supply of Materials and Services for Pavement Markings. The report recommends the following: 1. That the unit prices submitted by Provincial Pavement Marking be accepted and that this contract be awarded to same; 2. That the by-law appearing on tonight's Council Agenda be given the necessary reading to authorize the execution of the Tender for the Supply of Materials and Services for Pavement Marking. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted, The motion Carried with Alderman Janvary voting contrary to the motion and with all others voting in favour. See By-law 93-140 2 RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following reports by the Municipal Works Committee, earlier this evening, be approved. Adoption of the revised amended minutes of the May 10, 1993 and May 3 l, 1993 meetings; Correspondence entitled "Ron's Rubbish Removal" - that this matter be retL~rred to staff tbr a rcpor,~. to be further considered by the Committee; MW-93-114 - Public Information Session for Valley Way - that Report MW-93-114 be received and filed for information; MW-93-122 - Recycling Costs and Subsidies - that Alderman Ward, L. Oates and E.P. Lustig meet with M.P.P. Margaret Harrington regarding this matter as quickly as possible; MW-93-115 - Part c pation at the Saturday, May 15, 1993 Household Hazardons Waste Day - that Report MW-93-115 be received and tiled tbr information; MW-93-121 - Winter Maintenance Update - that Report MW-93-121 be received and file41 tbr information - Alderman Susin opposed; MW~93-105 - Extension of Sanitary Sewers to Thorold Stone Road/Garner Road Area - that staff meet with the Regional Municipality of Niagara to determine whether or not they were in fayour of extending the sanitary sewer system to the Thorold Stone Road and Garner Road area; Correspondence from the Downtown Board of Management - that this matter be tabled so that staff can determine how much money was available, what the money was spent on up to this point in time; and how much money is left, with a Report to be submitted back to the Municipal Works Comtnittea in an approximate 2 week period - Alderman Craitor opposed; MW-93-135 - Increased Bag Limit for Tourist/Commercial Businesses Limit Service Extension - that the bag limit for the City's Curbside Waste Collection Service be increased to 20 bags per business address for Tourist/Commercial Businesses only (as defined in this report) from July 1, 1993 to September 8, 1993; on the condition that the Tourist/Commercial Businesses participate in the City's Blue Box recycling and Corrugated Cardboard Recycling Programs; MW-93-125 - Extension of Sanitary Sewer on High Street - that 1) the extension of a 250mm diameter sewer be approved; 2) that the City cost share this extension on the basis of 75% cost to the City and 25% to Mr. Johnson. The City's share to be up-fronted from the Expansion and Renewal Fund; and 3) that the 75% cost to the City be recovered from the owners of 6532, 6535 and 6549 High Street at a later date; MW-93-123 - Bill 7 - Assumption of Waste Management by Regional Municipality of Niagara - that Mr. E. P. Lustig, and other appropriate staff make a submission as outlined in Report MW-93-123 to the Provincial Legislative Committee stating the City of Niagara Falls' opposition to the proposed Amendments in Bill 7 relating to Waste Disposal and Waste Diversion Processing stating the City's comments pertaining to support for the Region taking over jurisdiction for Solid Waste Management - Alderman Susin opposed; MW-93-133 - Landfill Equipment Tender Award - Tender 7-9 - that Fernview Construction Ltd. be awarded the Tender for the rental of one crawlet type front end loader, with operator, at the rate of $324,75 per hour, plus tax, under the following conditions; 1) that the contract will terminate before the one year period if the Landfill Site is closed for any reason; and 2) that the Contract will terminate before the one year period should Council decide to contract out the operation of the Landfill Site; MW-93-136 - 4415 Montrnse Road; Mr, W. Comnack and 4407 Montrose Road; Mr. E. Arcuri - Sanitary Sewer Extension - that Mr. Comnack's request to install a 4" diameter service be approved. Cartie.4 - 10 - R-93-24 - Chairperson, Recreation Commission - Re: Mount Carreel Park Development Master Plan. The report recommends the following: 1. That Council approve the Mount Carmel Park Master Plan; 2. That Council authorize staff to prepare the appropriate tender documentation for Phase 1 of the Mount Carreel Park Development. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be received and adopted. Carried Unanimously. R-93-25 - Chair, Arts & Culture Commission - Re: Promenade for the Arts Proclamation. The report requests that Council proclaim the week of September 13th through the 19th, 1993 as "Promenade For the Arts" Week in the City of Niagara Falls. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. F-93-29 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $655,135.19 for the period ending June 7, 1993, and the accounts totalling $8,831,521.18 for the period ending June 14, 1993 be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque Nos. 87406; 87272; 87369; 87438; 87093; 87258; 87204; 87227; 87308; 87342. It was requested that Cheque No. 87211 be withheld for further information. ORDERED on the motion of Alderman Hendarshot, seconded by Alderman Sherar, that the report be received and adopted. The motion Carried with Aldermen Hendershot, Janvary and Craitor, abstaining t?om the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 93-147 See By-law No. 93-148 RATIFICATION OF FINANCE COMMITFEE ACTIONS ORDERED on the motion of Alderman Cummings, secondrid by Alderman Craitor, that the actions taken on the following matters by the Finance Committee, earlier this evening, be approved. 1. Adoption of the Minutes of May 31, 1993; Niagara Falls, Canada Visitor & Convention Bureau - that staff report back to the Finance Committee on June 28, 1993, with a full report on the impact of those recommendations the City has jurisdiction over, along with a strategy on how the City can best work together with the Tourism industry to effect changes through the Regional and Provincial Governments; 1994 Grant Applications - that the correspondence regarding the 1994 grant applications be received and filed. Carried L-93-11 - Chief Administrative Officer - Re: Licensing of Adult Entertainment Parlours; File No. 91- B3-065. The report recommends that City Council approve of the By-law appearing on tonight's agenda, whereby the owners of adult entertainment parlours shall be required to obtain a licenee and pay the appropriate fees for the licenee. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 93-143 - 11 - CD-93-23 - Chief Administrative Officer - Re: Special Occasion Permits ti3r 1) Chippawa Volunteer Fire Dept. Ball Tournament; 2) Chippawa Lions Slo Pitch Tournament; 3) Willoughby Volunteer Fire Dept. Carnival; 4) Club Italia's Annual Picnic. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion permit to the organizations listed in this report. ORDERED on the motion of Alderman Susin, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. CD-93-25 - Chief Administrative Officer - Re: Application for a Designated Property Grant; Mr. Gary Burke, 4851 River Road; former Marshall/Doran Residence. The report recommends that Council approve of a grant up to a maximum of $3,000.00 for restoration of the premises known as 4851 River Road. The applicant will be required to spend an amount equal to the Grant provided by the Municipal ity. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in fayour. CD~93-26 - Chief Administrative Officer - Re: Retail Business Holiday Openings. The report recommends that this report be received for the intbrmation of Council. , ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITFEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Committee of the Whole, on May 31, 1993, be approved. Niagara Escarpment Commission Amendment 52/89, Landfill - That the City Solicitor he authorized to file a Notice of Abandonment; L-93-27 - Education Apportionment - That City Council confirm the actions of the City Solicitor and the Director of Finance in tiling appeals in this matter and that they be authorized to take all necessary steps in that regard. The motion Carried with Aldermen Hendershot and Janvary abstaining from the vote on Report L-93-27, on conflicts of interest previously recorded and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Committee of the Whole, earlier this evening, be approved. L-93-29 - Appeal in Respect of Executive Helicopter Services Inc. - that the City Solicitor be authorized to file a Notice of Appeal and to take all necessary steps with respect to this appeal. Carried Unanimously. RESOLUTION NO. 63 - WARD - CRAITOR RESOLVED that whereas none of the alternatives regarding unfunded liabilities of Schedule 2 employers, as outlined in the Workers' Compensation Board's discussion paper entitled "Schedule 2 Funding Issues", (January, 1993), are acceptable; AND WHEREAS the Corporation of the City of Niagara Falls believes that the problem is confined to a small group of Schedule 2 employers and that any solutions to the problem should be aimed specifically towards that group; AND WHEREAS the Workers' Compensation Board has the responsibility to adtninister Schedule 2 under the current legislation in accordance with the intention of the Workers' Compensation Act and solutions to past problems are addressable in the current legislation; AND WHEREAS the prevention of future problems will require the Workers' Compensation Board to administer the Act as it was intended; - 12 - - 13- AND WHEREAS Schedule 2 employers are individually liable and concerns regarding security of claims payments should be addressed on an individual basis; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, endorse the reports prepared by the Regional Tr6asurers of Ontario (supported by the Municipal Finance Officers' Association of Ontario) and the Municipal WCB Users Group which outlines the key issues which need to be addressed and recommendations for consideration by the Workers' Compensation Board; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 64 - WARD - CRAITOR - RESOLVED that the Council of the City of Niagara Falls in reviewing the development of lands located on the east side of Montrose Road being Part of Twp. Lot 162 have determined that the area is in transition and notwithstanding that the lands are in the most part designated and zoned for industrial purposes it is the objective of the Municipality to initiate and provide that these lands to be developed for residential use. The Motion Carried with Aldermen Fisher, Germane, Janvary, and Susin voting contrary to the motion and with all others voting in fayour. AND the Seal of the Corporation be hereto affixed. NO. 65 - WARD - CRAITOR - RESOLVED that Alderman Judy err be appointed Acting Mayor for the period of June 18, 1993 to June 25, 1993 inclusive; during the absence of His Worship Mayor Wayne Tho~nson. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 66 -CUMMINGS - HENDERSHOT - WHEREAS the Order of Sons of Italy of Ontario have requested a Pyretechnic Fireworks in conjunction with their annual picnic; AND WHEREAS the City of Niagara Falls Fire Department have provided the parameter with which to conduct such an event; AND WHEREAS these conditions are adhered to; BE IT THEREFORE RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby endorses the holding of Pyretechnic Fireworks on Sunday, July II, 1993. AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-138 A by-law to authorize the execution of an agreement with Fernview Construction Limited for the supply of equipment at the City's Landfill Site. 93-139 93-140 A by-law to authorize the execution of an agreement with Nick Altieri Excavating Limited respecting the Chippawa Sump Pump Demonstration Project. A by-law to authorize road reconstruction of Valley way from Portage Road to Drummond Road. 93-141 A by-law to amend By-law No. 79-200, as amended. (AM-4/93, Marie lafrate, St. Paul Ave.) · ' 93-142 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O, 1990.(AM-4/93, Marie taftate) 93-143 A by-law to provide for the licensing, regulating, governing, classifying and inspecting of adult entertainment parlouts or any class or classes thereef and for the revoking or suspending of any such licenee. 93-144 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking) (Collins Drive; Drummond Road & Joyce Ave.). 93-145 A by-law to authorize the execution of an agreement with 463951 Ontario Limited operating as Provincial Pavement Markings. 93-146 A by-law to authorize the payment of $655,135.19 Ibr General Purposes (June 7, 1993). 93-147 A by-law to authorize the payment of $8,831,521.18 for General Purposes (June 14, 1993). 93-148 A by-law to amend By-law No. 91-267, being a by*law with respect to development charges. The motion Carried with Aldermen Craitor, Hendershot and Janvary abstaining from the vote on By-law Nos. 93-146 and 93-147, on conflicts of interest previously recorded; Alderman Janvary voting contrary on By-law 93-145; Alderman Fisher abstaining from the vote on By-law 93-148, on a conflict of interest previously recorded and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the tbllowing by- laws be now read a second and third time: 93-138 A by-law to authorize the execution of an agreement with Fernview Construction Limited tbr the supply of equipment at the City's Landf ll Site. 93-139 A by-law to authorize the execution of an agreement with Nick Altieri Excavating Limited respecting the Chippawa Sump Pump Demonstration Project. 93-140 A by-law to authorize road reconstruction of Valley way from Portage Road to Drmnmond Road. 93-141 A by-law to amend By-law No. 79-200, as amended. (AM-4/93, Marie lafrate, St. Paul Ave.) 93-142 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O. 1990.(AM4/93, Marie lafrate) 93-143 A by-law to provide for the licensing, regulating, governing, classifying and inspecting of adult entertainment padours or any class or classes thereof and for the revoking or suspending of any such licence. 93-144 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking - Collins Drive; Drummond Road & Joyce Ave.). 93-145 A by-law to authorize the execution of an agreement with 463951 Ontario Limited operating as Provincial Pavement Markings. 93-146 A by-law to authorize the payment of $655,135.19 for General Purposes (June 7, 1993). 93-147 A by-law to authorize the payment of $8,831,521,18 for General Purposes (June 14, 1993), 93-148 A by-law to amend By-law No. 91-267, being a by-law with respect to development charges. The motion CarriexJ with Aldermen Craitor, Hendershot and Janvary abstaining from the vote on By-law Nos. 93-146 and 93-147, on conflicts of interest previously recorded; Alderman Janvary voting contrary on by-law 93-145; Alderman Fisher abstaining from the vote on by-law 93-148, on a conflict of interest previously recorded and with all others voting in fayour. - 14 - NEW BUSINESS Tourist Bed and Breakfast Establishments Alderman err referred to the Tourist Bed and Breakfast establishments between Queenston and the Rainbow Bridge and requested that the Building Department investigate whether these establishments have the proper licences. Joint Meeting Aldermen Puttick and Ward requested that the Joint Meeting of City Council and Team Niagara Tourism (TNT) be re,scheduled for Saturday, July 10, 1993 as they will be out of town on July 3, 1993. Car Accident at Fairview Cemetery Alderman Ward referred to the recent tragic car accident which had occurred at Fairview Cemetery and inquired whether locking the gates at night would prevent a similar incident from arising. The Director of Parks and Recreation responded that the gates must remain open for police access. Letter of Congratulations to Nathan Hyde Alderman Fisher thanked Mayor Thomson and members of Council, on behalf of Nathan Hyde, who attends Saint Michael High School, for their letter of congratulations and support on his recent accomplishments in the field of modelling and acting and on being selected to work on two pilot projects involving a television series. It was moved by Alderman Janvary, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously, READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #2 June 28, 1993 Council met on Monday, June 28, 1993 at 7:00 p.m. in Committee of the Whole. All menthers of Council, with the exception of Alderman Craitor, who was away on business, were present. Alderman Susin presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, ........... MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers June 28, 1993 Council met on Monday, June 28, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Craitor, who was away on business, were present. His Worship Mayor Thomson presided as Chairman, Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Minutes of the Regular Meeting of June 14, 1993 and the Minutes of the Special Meeting of June 17, 1993 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cowan declared a pecuniary interest on Report F~93-30, Cheque No. 87740, because the recipient is his employer. Alderman Fisher declared pecuniary interests on Report PD-93-65, because she works for Walco Developments Ltd.; Report PD-93-70, because she has a business interest; and Report F-93-30, Cheque No. 87649, because she has a business interest. Alderman Germano declared a pecuniary interest on Report F-93-30, Cheque No. 87640, because a member of her family is employed by the School Board. Alderman Hendershot declared a pecuniary interest on Report MW-93-138, because ho resides in the area. ...2 -2 - -3 - PRESENTATIONS Council on World Affairs His Worship Mayor Thomson presented a token of appreciation on behalf of Council and the citizens of Niagara Falls to Kelly Keenan and Brian O'Donnell, who are members of the Council on World Afti~its, Niagara Fails, on the occasion of their First Place standings at Harvard University Model Congress in Luxembourg. DEPUTATIONS Niagara Falls Economic Development Agency Mr. Gabe Mallouk, Chairman, Niagara Falls Economic Development Agency provided an update on the Economic Development Ageney's activities and submitted petitions from interested citizens of Niagara Falls requesting the Provincial government to support one government regulated casino in Niagara Fails. Mr. Mallouk requested that the petitions be forwarded to the government through the oftlee of Margaret Harrington, MPP, with a covering letter from the Mayor's office. Mr. Mallouk introduced Mr. George Schrijver, Consultant, who provided an overview of the Executive Summary of the Chairman's Economic Summit, Manufacturers Survey. His Worship Mayor Thomson thanked all the individuals who attended Council and thanked Messrs. Mallouk and Schrijver for'their presentations. Niagara Regional Native Centre Mr. Vince Hill, Executive Director, Niagara Regional Native Centre provided a brief history of the Niagara Regional Native Centre; referred to the potential development of the northwest corner of Mountain Road and St. Paul Avenue and advised that an Indian Ossuary (Sacred Burial Ground) has been identified as having been located in this particular location. Mr. Hill addressed the following concerns on behalf of the First Nations Community: the possibility of finding Indian remains at the site; reports of Indian remains being displayed and collected by museums and historical societies from previous developments; future development of City land; City's plans regarding the Cairn identifying the location of the Ossuary. His Worship Mayor Thomson thanked Mr. HiU for his presentation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter be referred to staff for review and future comment. Carried Unanimously, Cookman Crescent Mr. Gil Hicks, 4704 Cookman Crescent, expressed concerns on the decision of the Municipal Parking & Traffic Committee regarding restrictive and overnight parking on Cookman Crescent and requested that Council reconsider their decision. On the motion of Alderman Hendershot, seconded by Al.derman Cummings, that Mr. Emilio Zenutti be permitted to address Council. Carried Unanimously. Mr. Emilio Zenutti indicated the majority of residents did not wish to have restrictive parking in the area and discussed the matter of street width and bus accessib. i ty. Concerns regarding school bus accessibility in winter; fire trucks, ambulances and snowplowing equipment access and the width of the street due to parking on both sides causing unsafe conditions were expressed. ORDERED on the motlee of Alderman err, seconded by Alderman Fisher, that Council reaffirm the decision made at the Municipal Parking & Traffic Committee. Carried Unanbnonsl¥. Sonm~er Street Mr. David Crmve Sr., Vice President, Greater Niagara Senior Citizens Association expressed concerns regarding restrictive parking on the south side of Summer Street;. On the motion of Alderman Ward, seconded by Alderman Germane, that Mr. Vandenberk be permitted to address Council. Carried Unanimously. Mr. Vandenberk, 5948 Summer Street, expressed concerns regarding the approach to his driveway being blocked; the possibility of hitting parked vehicles while exiting his driveway; the availability of parking at the senior citizen's complex. Mr. M. Mango, 5958 Summer Street, indicated that he was in support of the recommendation. Following discussion, it was ORDERED on the motion of Alderman Janvary, secondrid by Alderman Germane, that the matter of parking on the north side of Summer be reti~rred to the committee tbr consideration. Carried Unanimously, - AND - MW-93-140 - Municipal Parking & Traffic Con~mittee - Municipal Parking & Traffic Committee Recon~mendations - June 15, 1993. The report recommends the ti311owing: 1. MW-93-42 - Cookman Crescent Parking Problems: That Parking be restricted at all times, on the south side of Cookman Crescent, between College Crescent and Palmer Avenue; That Niagara Regional Police be requested to enforce the overnight parking prohibition on Cookman Crescent and College Crescent; That additional "No Parking Anytime" signs be installed on the west side of College Crescent, between Epworth Circle and Cookman Crescent to reflect Traffic By-law 89-2000. 2) MW-93-119 - Request for On-Street Handicapped Parkin~ Stall on Oueen Street: That the existing metered parking stall be maintained on Queen Street and that the requested handicapped parking stall be located at the rear of the Royal Bank. 3) MW-93-126 - Cardinal Drive at Mount Carreel Road All-Way Stop Request: That all-way stop controls be installed at the intersection of Cardinal Drive and Mount Carmel Boulevard. 4) MW-93-118 - Summer Street at Hanan Avenue All-Way Stop Request: That the existing stop control be maintained for traffic on Summer Street and Hanan Avenue with the replacement of the existing filded stop signs with new stop signs; That the Niagara Regional Police be requested to carry out strict and frequent entBrcement of the existing stop signs located on Summer Street. 5) MW~93-127 - Buckingham Drive - Request for Stop Signs That the existing yield sign on Coventry Road at Buckingham Drive be replaced with a stop sign; That the existing yield sign on Pitton Road at Buckingham Drive be replaced with a stop sign. -4- 6) St. John Street at St. Peter Avenue: That an all-way stop control be erected at the intersection of St. John Street and St. Peter Avenue for a six-month trial period and then evaluated by staff. 7) Decorative Street Name Signs - Historic Stamford Village That the request for decorative street name signs by the "Friends of Stamford Village Organization" be approved in principle, subject to this organization being responsible for the cost of sign manufacture and future sign replacement; That the City will be responsible for installation and future re-installation costs. ORDERED on the motion of Alderman err, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 93-152 See By-law No. 93-153 Nia~,ara Falls Visitor & Convention Bureau Amy Bignucolo provided. information on a new marketing programme entitled the Niagara "Regional" Lure and referred to the Falls Family FunPackage media insert. Mrs. Bignucolo expressed appreciation to the Niagara Parks Commission, the Region Niagara Tourist Council, the City of Niagara Falls, the Federal Government and private sector for their financial assistance in making these marketing programrues possible. COMMUNICATIONS Communication No. 207 - Ministry of Transportation - Re: 1993-1994 Supplementary Program. The communication advises Council that the allocation of 1993-1994 supplementary funds for the municipality have not been approved due to the majority of funds for 1993 having been allocated. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendarshot, that the communication be received and filed and further that Margaret Harrington, MPP, be requested to provide a report with respect to funding. Carried Unanimously. Communication No. 208 - The Corporation of the City of Peterborough - Re: Guidelines for "adult sex films'. The communication requests Council support a request asking that the Minister of Consumer and Commercial Relations cancel the recommendations previously passed by the Ontario Film Review Board regarding the relaxation of guidelines of adult sex films as well as the recommendation put forward by the Policy Committee of the Board which could aggravate existing problems and create new ones in communities. ORDERED on the motion of Alderman Susin, seconded by Alderman Shetar, that the resolution be supported. Carried Unanimously. Communication No. 209 - Niagara Ratepayers for a Healthy Environment - Re: Garbage Pickup. The communication expresses concerns regarding free garbage pickup for the commercial sector and requesting that Council encourage recycling in the community. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the matter be referred to staff and further that Mr. Jim Perry be invited to the meeting when a report has been prepared. Carried Unanimously. Communication No. 210 - Willoughby Volunteer Fire Department - Re: The Stumping Tom Conners Show. The communication advises that the Willoughby Fire Department will be hosting the Stamping Tom Conners Show, September 22, 1993 with all proceeds going to the CAT Scan Fund and requasting Council approve allowing a banner to be erected on Stanley Avenue across from Arthur Street from July 23 to September 2:t, 1993. - 5 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Susiu, that the request be approved subject to established policy. Carried Unanimously. Communication No. 211 - International Brotherhood of Electrieal Workers - Re: Proclamation. The communication requests Council proclaim the week of July 12 - 16, 1993 as "International Brotherhood of Electrical Workers" week in the City of Niagara Falls. ORDERED on the motion of Alderman Cununings, seconded by Alderman Hendershot, that the request be allproved subject to established policy. Comnmnieation No. 212 - Mr. & Mrs. Redekop and Mr. & Mrs. Llnyd - Re: Walkway between Lots #17 and//18. The communication expresses concerns respecting approval of a walkway between Lots//17 and #18 on Southwood Drive, Montrose Manors. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the matter be detL~rred until Mr. & Mrs. Redekop and Mr. & Mrs. Lloyd have an opportunity to provide further input at the July 12, 1993 meeting and further that Mr. Alfred Rampado also be invited to atteud. The motion Carriexl with Aldermen Cowan and Hendershot voting contrary to the motion and with all others voting in favour. ~ Cumnmnication No. 213 - Matthew Spironello, 7703 Saint Augustine Crescent - Re: Painting Street Numbers on Curbs. The communication requests Council permission to paint homeowners' street numbers on the curbs in fluorescent white paint. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be approved subject to guidelines. Carried Unanimously. Communication No. 214 - Run Moore, 7525 Wanless Street - Re: Petitinn. The communication expresses concerns regarding the dust and noise from Cashway's yard and Red-D-Mix. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the Mayor and staff be directed to meet with individuals on site to discuss the matter and further that the parking concerns be referred to the Parking and Traffic Committee. Carried Unanimously. Communication No. 215 - City of North York - Re: Resolution on lnterproviocial Trade Barriers. The communication requests Council endorse a resolution asking the provincial and federal governments negotiateWith the governments of Quebec and other provinces to eliminate or reduce interprovincial trade barriers. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the request be endorsed. Carried Unanimously. Communication No. 216 - Niagara Ratepayers fo.r a Healthy Environment; - AND - Communicatiou No. 217 - Bill Black, 2720 Mewburn Road - Re: cadon gas and black flies. The communications express concerns regarding the levels of radon gas and the matter of black flies in the area and that these concerns be looked into. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the matter be referred to staff. Carried Unanimously. Communication No. 218 - Letter from Aldermen Margaret Germane and Shirley Fisher - Re: Positions on the Festival of Lights Executive Board. The communication advised Council of their wish to withdraw their names as Executive Board members to the Festival of Lights. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the withdrawal of letter be accepted. Carried Unanimously. ORDERED on the motion of Alderman err, seconded by Alderman Susin, that Alderman Norm Puttick be appointed as an alternate member on the Festival of Lights Executive Board. Carried UnanimOusly, ...6 /i -6- - 7 - Communication No. 219 - Niagara Promotion Association - Re: Niagara Falls, Blossom Festival Parade. The communication provides a letter of appreciation from the A~egany High School Band on their recent attendance at the 1993 Blossom Festival. ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that the communication be received and filed for the Information of Council and further that a letter of appreciation be forwarded to Niagara Promotion Association for the good work they have done in the Blossom Festival. Carried Unanimonsly. REPORTS MW-93-137 - Chief Administrative Officer - Re: 1993 Capital Budget; Infrastructure Improvements, Jepson Street. The report recommends that the by-law for Jepson Street from St. Lawrence Avenue to Victoria Avenue for infrastructure improvements, be given three readings and be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 93-158 MW-93-138 - Chief Administrative Officer - Re: Public Information Session for Willtams Street & Perkins Street. The report recommends that the information contained in this report be received and fil¢.d. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and filed. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest previously recorded and with all others voting in fayour. MW-93-139 - Chief Administrative Officer - Re: Public Information Session for St. Lawrence Avenue, Jepson Street, Rice Crescent, & Wesley Place. The report recommends that the information contained in this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be received and flied. Carried Unanimoosly. MW-93-141 - Chief Administrative Officer - Re: Contract 93-102, Road Reconstruction on Valley Way. The report recommends the following: 1. ThattheBy~~awapp~aring~nt~night~sagendaauth~rizingth~temp~raryr~adc~~sure~fVa~~eyWay from Portage Road to Highway 420 ramp from July 12 to approximately October 1, 1993 as required, be passed; 2. That the unit prices submitted by the low tenderer, Provincial Construction (Montrose) Ltd. be accepted and that the contract be awarded to this firm subject to: a) the above temporary road closure being approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 93-150 See By-law No. 93-151 MW-93-142 - Chief Administrative Officer - Re: Community Mailboxes - Policy Review. The report recommends that Community Mail Box Standard #4 (current standard attached) be amended so that mailboxes be located on the boulevard, facing the sidewalk, unless deemed ngeessary by staff, due to traffic sight visibility or other related problems or constraints to locate the mailboxes between the sidewalk and the property line. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW-93-143 - Chief Administrative Officer - Re: Downtown Gate~vay, Valley Way at Victoria Avenue. The report recommends that the additional signs requested by the Downtown Board of Managmnent be placed and that the cost of the work be paid under the existing By-law. Concerns were raised with respect to the relocation of the pole and the location of electrical outlets to be looked into. ORDERED on the motion of Alderman err, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. R-93-26 - Chief Administrative Officer - Re: Sound System, Stamford Menmrlal Arena. The report recommends that appropriate funds ($15,000) be allocated in the Stamtbrd/Jack Bell 1994 Operating Bedget for the supply and installation of a new public address system. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimonsly. R-93-27 - City of Niagara Fails Recreation Commission Chair - Re: Recreation Master Plan - Funding. The report recommends that Council pass a resolution authorizing the Recreation Commission to snbmit an application to the Ministry of Culture, Tourism and Recreation tbr financial assistance in the preparation of the Recreation Master Plan. ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman err voting contrary to the motim~ and with all others voting in fayour. See Resolntion No. 68 R-93-28 - Chair, Canada Day Committee. The report recommends that Council authorize free swimming at the four Municipal Pools on Thursday, July 1st, 1993, as part of the celebrations planned tbr Canada's 1261h birthday. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. R-93-29 - Chair, Arts & Culture Commission. The report recommends that Council approve the By- Law appearing later on this evening's agenda authorizing an agreement between Canada Employment and Immigration and the City of Niagara Falls for a Section 25 Grant. ORDERED on the motion of Alderman Sherat, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law No. 93-156 PD-93-65 - Chief Administrative Officer - Re: Request for Exemption from part Lot Control, Lot 98; Registered Plan 59M-129, Cortina Crescent. The report recommends the following: That the request from Dante Marinelit, on behalf of Walco Developments Ltd., to exempt Lot 98, Registered Plan 59M-129, Cortina Crescent, from Part Lot Control be approved and that Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control; 2. That the applicant be required to give notification to the City, when the deeds have been registered, in order for the by-law to be repealed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. See Bydaw No. 93-157 ...8 -8 - -9 - PD-93-69 - Chief Administrative Officer - Re: Urban Woodlot Inventory and Assessment Study, Review of Proposals. The report recommends that the firm Trees Unlimited be hired to undertake the Urban Woodlot Inventory and Assessment Study for the City of Niagara Falls at a cost not to exceed $9,910.00 and that Planning Staff in conjunction with the City's Solicitor's Department prepared the necessary contractual agreement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. PD-93-70 - Chief Administrative Officer - Re: Consideration in Increasing The Period of Approval Granted to Draft Plans of Subdivision. The report recommends the following: 1. That the Region be informed that it is the opinion of the City of Niagara Falls that the draft approval period for subdivisions be increased from 2 to 3 years; 2. That each additional extension be considered yearly with the approval of the local municipality. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously recorded and with all others voting in fayour. F-93-30 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,988,687.65 for the period ending June 21, 1993, and the accounts totalling $422,683.94 for the period ending June 28, 1993, be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque Nos. 87659; 87718; 87566; 87546; 87649. ORDERED on the motion of Alderman Ward, seconded by Alderman Sberar, that the report be received and adopted. The motion Carried with Aldermen Cowan, Fisher, Germann abstaining from the vote on conflicts previously noted; Alderman Susin voting contrary to Cheque Nos. 87617 and 87642; and with all others voting in fayour. See By-law No. 93-159 See By-law No. 93-160 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matter by the Finance Committee, earlier this evening, be approved. That the Minutes of the June 14th, 1993 meeting be adopted as recorded; Bauer Roller Hockey League - that the Bauer Roller Hockey League's request for a reduction in floor rental fees be referred to the Recreation Commission and that staff report back to the Finance Committee; FC-93-22 - Tax Balances at May 31, 1993 - that Report FC-93-22 be received and filed; FC-93-21 - Niagara Falls, Canada Visitor & Convention Bureau Submission - that a joint committee be formed of members of Council, and the Niagara Falls, Canada Visitor and Convention Bureau to coordinate a presentation to Regional Council regarding Region-wide market Value Assessment and that the final due date for the business tax levy be changed from August to September. Staff to report back to the Finance Committee with respect to the compilation of the Committee formed to address the issue of Region-wide Market Value Assessment. Carried HR-93-16 - Expenditure Control Plan; Provincial Budget; Social Contract - ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that the report be received and adopted with the following amendment: "That effective July 1, 1993 all groups and agencies which receive permissive grants from the municipality will have said grants reduced by 5% of the annual appropriation." The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest because a member of his family is involved; Alderman Cummings abstaining from the vote on a contlict of interest because he is a member of the Volunteer Fire Department and also that a member of his family is employed by the Niagara Promotion Association; Alderman Janvary abstaining from the vote due to her absence from the Finance Committee meeting and with all others voting in fayour. L-93-13 - Chief Administrative Officer - Re: Amendments to By-law No. 76-102 Grauting, Refusing & Revoking Licences; File No. 91-B3-031. The report recommends that Council approve the changes to Licensing By-law No. 76-102, as amended, as set out in Schedule "A" attached to this report, whicti will clarity and better define the discretionary powers of Council to grant, refuse and revoke licences. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimoosly. 1.-93-30 - Chief Administrative Officer - Re: Amendment to By-law No. 75-253, Prohibiting Dogs from Fouling All Property in the City of Niagara Falls; File No. 88-B3-005. The report recommends that Council approve of the by-law appearing on tonight's agenda, whereby the fouling of public and private property by dogs will be prohibited with an exclusion for seeing-eye dogs. Alderman Orr requested that International signs of "No Dogs Allowed" be posted in the park at Simcoe and Huron Streets. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, tbat the report be received and adopted. Carried Unanimously. See By-law No. 93-155 CD-93-27 - Chief Administrative Officer - Re: Special Occasion Permits: 1) Niagara Falls Mens' Fastball League; 2) North American MGA Register International Convention; 3) Royal Canadian Legion Horseshoe Tournament; 4) Greater Niagara Baseball Association Oldthners Tournament. The report recommends tbat Council indicate it has no objection to the issuance of a Special Occasion Permit to the organizations listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimonsly. RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the ti~llowing matter by Committee-of-the-Whole, earlier this evening, be approved. That the City Solicitor be authorized to take the action on Court File No. 31891/93 as approved in Committee-of-the-Whole. RESOLUTIONS NO. 67 - FISHER - HENDERSHOT - RESOLVED THAT the Council of the City of Niagara Fails endorses the request of the Ontario Restaurant Association for an increase in the hours of operations for Liceneed Establishments under the Liquor Licenee Act; AND WHEREAS relative to the negative impact of the present hours of operation and the detrimental support which the inequitable restriction of the carrent hours of operation provide for the after hours activities enjoyed by our counterparts in the Western New York area; AND WHEREAS should parity, in terms of the hours of operation be provided for, consistent ~mployment; THEREFORE BE IT RESOLVED that tho Council of the City of Niagara - 10 - - 11 - Falls supports the position of the Niagara Falls Ontario Restaurant Association to petition the Liquor Control Board for extended hours of operation in parity with Western New York. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 68 - COWAN - FISHER - BE IT RESOLVED that the Corporation of the City of Niagara Falls authorizes the Recreation Commission to submit an application requesting the Ministry of Culture, Tourism and Recreation to provide financial assistance in the amount of $40,000 which represents 50% of $80,000 of the anticipated total cost of the project. AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-149 A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issuance of liconces. 93-150 A by-law to temporarily close part of Valley Way. 93-151 A by-law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting road reconstruction on Valley Way. 93-152 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs). 93-153 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 93-154 A by-law to amend By-law No. 79-200, as amended. (AM-I/93, John Burns) 93-155 93-156 A by-law to amend By-law No. 75-253, being a by-law to provide for the licensing and regulating the keeping of dogs. A by-law to authorize the execution of an agreement with The Canada Employment and Immigration Commission respecting a grant for Promenade for the Arts. 93-157 A by-law to designate certain land not to be subject to part lot control. 93-158 93-159 A by-law to authorize infrastructure improvements of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers, watermains and services as required, together with all related appurtenances as an improvement and extension to the sewage system in the Urban Service Areas of the City. A by-law to authorize the payment of $4,988,687.65 for General Purposes (June 21, 1993). 93-160 A by-law to authorLethe payment of $422,683.94for General Purposes. 0une 28, 1993). The motion Carried with Alderman Fisher abstaining from the vote on By-law No. 93-157 on a conflict of interest previously recorded; Aldermen Fisher and Germane abstained from the vote on By-law No. 93-159 on conflicts of interest previously recorded; Alderman Susin voting contrary to By-law No. 93- 159; and Alderman Cowan abstained from the vote on By-law No. 93-160 on a conflict of interest previously recorded and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendersbot, that the tbllowing by-laws be now read a second and third time: 93-149 A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issuance of licences. 93-150 A by-law to temporarily close part of Valley Way. 93-151 A by-law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting road reconstruction on Valley Way. 93-152 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs). 93-153 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 93-154 A by-law to amend By-law No. 79-200, as amended. (AM-I/93, John Burns) 93-155 A by-law to amend By-law No. 75-253, being a by-law to provide ibr tile licensing and regulating the keeping of dogs. 93-156 A by-law to authorize the execution of an agreement with The Canada Employment and Immigration Commission respecting a grant for Promenade for the Arts. 93-157 A by-law to designate certain land not to be subject to part lot control. 93-158 A by-law to authorize infrastructure improvements of the roads on certain streets and storm sewer installation, repairs or replacement of sanitary sewers, watermains and services as required, together with all related appurtenances as an improvement and extension to the sewage system in the Urban Service Areas of the e City. 93-159 A by-law to authorize the payment of $4,988,687.65 for General Purposes (June 21, 1993). 93-160 A by-law to authorize the payment of $422,683.94 for General Purposes. Uune 28, 1993). The motion Carried with Alderman Fisher abstaining from the vote on By-law No, 93-157 on a conflict of interest previously recorded; Aldermen Fisher and Germane abstained from the vote on By-law No. 93-159 on conflicts of interest previously recorded; Alderman Susin voting contrary to By-law No. 93- 159; and Alderman Cowan abstained from the vote on By-law No. 93-160 on a conflict of interest previously recorded and with all others voting in favou~. Landfill Site Tipping Fees ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that Mr. Richard Colleo be permitted to address Council. Carried Unanimonsly, Mr. Collee expressed concerns regarding conditions set out in the contract respecting waste going to the Niagara Falls Landfill site; tipping fees charged to the owner and open dump policy. Following some discussion, it was ORDERED on the motlea of Alderman Cummings, seconded by Alderman Fisher, that an addendure to the contract regarding waste to landfill site to encourage recycling be incorporated. Carried Unanimously. ~ 12 - NEW BUSINESS Farewell His Worship Mayor Thomson bid firewell to Bob Lewis, Director of Finance, on the occasion of his retirement, after 26 years of service to the municipality. Scott's Subdivision Alderman Germano enquired of the OMB decision respecting Scott's Subdivision. It was noted that a report would be provided regarding the matter at the next Council meeting. Sectoral Strategy Meeting Alderman Hendershot referred to a sectoral strategy meeting that had been held with the Ministry to address the issue of Tourism and indicated that Niagara Falls had not been properly represented. Alderman Hendershot advised that a meeting was scheduled for June 29, 1993 to discuss the matter. TWENTY-SECOND MEETING COMMITFEE OF THE WHOLE Comnlittee Room//2 July 12, 1993 Council met on Monday, July 12, 1993 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Puttick, who was on vacation, were present. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, ............ MAYOR WAYNE THON SON Congratulations ORDERED on the motion of Alderman Sherar, seconded by Alderman Orr, that a letter of congratulations be forwarded to Rob Nicholson, on his recent appointment as Federal Minister of Science and Small Business. Carried Unanimously. ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers July 12, 1993 Council met on Monday, July 12, 1993 at 7:30 p.m. tix the purpose of considering Planoing Matters and Regular Business. All members of Council, with the exception of Alderman Pnttick, who was away on vacation, were present. His Worship Mayor Thomson presided as Chairman. Alderman Germano offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cowan indicated a pecuniary intereston Report CD-93-29, By-law No. 93-163 and By- law No. 93-164, because his employer is involved. Alderman Craitor indicated a pecuniary interest on Report F-93-31, Cheque Nos. 87979 and 88131 because his wife is employed by the Region. Alderman Cummings indicated a pecuniary interest on Report F-93-31, Cheque No. 88137, because he is a member of the Volunteer Fire Department. Alderman Fisher indicated a pecuniary interest on Report F-93-31, Cheque No. 88121, becaase her daughter is employed by the company. Alderman Hendershot indicated a pecuniary interest on Report F-93-31, Cheqoe No. 87965, because the recipient is his employer. AIdarman Susin indicated a pecuniary interest on Report F-93-31, Cheque No. 87860, because a member of his family was involved in bidding on some work on the project. Alderman Ward indicated a pecuniary intere~'t on Report CD-93-31, becanse he has a business relationship with the applicant. PLANNING MATI'i~RS PD-93-72 -Chief Administrative Officer- Re: Zoni~tg By-law Amendment Application, AM-I I/93; 4433 & 4441 First Avenue; Farr Lumber LId. Mr. Larry Farr. The report recomntends the following: -2- -3 - 1. That the application to permit Farr Lumber's parking lot to be expanded on to the properties known as 4433 and 4441 First Avenue be approved; 2. That the lands be made subject to Site Plan Control to ensure they are developed in a sensitive manner as generally shown on the submitted plans; 3. That the applicant be required to pay applicable Development Charges; That the applicant be required to pay the costs involved in relocating the fire hydrant and any alterations to the sidewalk to create new driveway entrances all to the satisfaction of the City's Municipal Works Department; 5. That the amending by-law appearing in tonight's agenda be enacted by Council. - AND- Communication No. 220 - CN, Engineering Services. objections to the application. The communication indicates as having no His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be /bilewed under the Planning Act. The City Clerk advised that the Notices of the Public Meeting had been tbrwarded, by mail to all owners and persons assessed as of land within 120 meters of the subject lands on June 11, 1993. His Worship Mayor Thomson received indication that Mr. Mike Piraino, Agent, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive fi~rther notice of the passage of the by-taw submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-67; Planning Review; Background; Nature of the Zone Changes; Compatibility; Site Plan Control and the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for cominents from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. ~ Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-I 1/93 closed. ORDERED on the motion of Alderman Susin, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Susin, seconded by Alderman Germane, that the communication be received and filed. Carried Unanimously. PD-93-73 - Chief Administrative Officer - Re: Zoning By-law Amendment Applications AM-9/93, James Ashby, 8550 Willoughby Drive. The report recommends the following: 1, That the application to permit a billlard hall and a "do-it-yourself' brewery to be established on property known as 8550 Willoughby Drive approved; 2, That the applicant satisfy the Regional Public Works Department with respect to a suitable sewer manhole to serve the brewery use, - AND - Cov;munlcatiojt No. 221 - Jeanne Pellerln Eraend, 8646 Willoughby Drive. The communication expresses opposition to the proposed hiltlard hall. - AND - Communication No. 222 - Regional Niagara, Public Works Department. The communication states as having no objections to the zoning remaining General Commercial. His Worship Mayor Thomson declared the Public Meeting open and read tile procedure to be tbllowed under the Planning Act. The City Clerk advised that the Notices of the Public Meeting had been forwarded, by mail to all owners and persons assessed as of land within 120 meters of the subject lands oo Juoe 11, 1993. His Worship Mayor Thmnson received indication that Mr. James Ashby, Applicant, was in attendance; and received a negative response to his request tbr a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive li~rther notice 3fthe passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-66; Planning Review; Background; Nature of the Zone Changes; Compatibility; Licensing; and the Public Notification Process. ~ His Worship Mayor Thomson received a negative response to his request ~3r comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Mr. James Ashby responded to concerns expressed regarding the placement of windows t~.cing Willoughby Drive instead of a field and stated that matter would be considered if any problems were experienced. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-9/93 closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the communications be received and filed. Carried Unanimously. PD-93-74 - Chief Administrative Officer - Re: Zoning By-law An~endment Applications AM-10/93, Paul Taylor, 3965 Main St. Chippaws. The report recommends the following: 1. That the application to permit a "do-it-yourself' brewery to be established on the property known as 3965 Main Street he approved; 2. That the applicant satisfy the Regional Public Works Department witb respect to a suitable sewer manhole to serve the brewery use. ~ AND - Communication No. 223 - Regional Niagara, Public Works Department. The communication indicates as having no objections to the zoning remaining Neighbourhood Cominercial, with a site specific provision to be added to the current zoning. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notices of the Public Meeting had been forwarded, by mail to all owners and persons assessed as of land within 120 meters of the subject lands on June 11, 1993. His Worship Mayor Thomson received indication that Mr. Paul Taylor, Applicant, was in attendance; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all p g to receive further notice of the passage of the by-law submit their names and addre. sses to the Clerk prior to the meeting. -4- -5- The Deputy Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-68; Planning Review; Background; Nature of the Zone Change; Compatibility; and the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-10/93 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the communicatiou be received and filed. Carried Unanimonsly. MISCELLANEOUS PLANNING MATTERS PD-93-71 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval T.G. Brlght's Business Park Subdivision, 26T-88023 (Revised). The report recommends the following: That a Council resolution supporting a one-year extension to the T.G. Brighrs Business Park draft plan of subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements; 2. That a copy of this report and Council's decision be forwarded to the Regional Municipality of Niagara and to River Realty Development Inc. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Resolution No. 70 PD-93-75 - Chief Administrative Officer - Re: Application for 1993/94 PRIDE (Program for Renewal, Improvement, Development and Economic Revitalization) Funding. The report recommends that the City forward a resolution to the Ministry of Municipal Affairs to complete to the City's 1993/94 PRIDE funding application for Victoria Avenue from Ferry Street to Robeas Street (Hwy. 420). ORDERED on the motion of Alderman Cowan, seconded by Alderman Sherar, that the report be received and adopted. Carried Unanimously. See Resolution No. 71 REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the minutes of the Regular Council m~ting of tune 28, 1993 be adopted as printed. Carried Unanimously. ...5 DEPUTATIONS The Juuior Social Planning Council Ted Krasowski, Social Planning Council provided a video highlighting ti~ur presentations to their community forum on youth unemployment. Julie Darnay provided an update on the activities of the Junior Social Phmning Council which included the preparation of a project manual; and the 1993/1994 Statement and Recruitment plan. The Social PlanninE Coonell of Niagara Falls Mr. George Melvin, Chairperson, Social Planning Cuuncil of Niagara Fulls, provided background information with respect to a study on the Interaction Within a Multicultural Community and introduced Mr. Ted Hildehrandt, Consultaut, who presented highlights of the discussion paper entitled/An Assessment of Immigrant, Refugee and 1st Generation Canadian Needs in Niagara Falls". The ti~llowing concerns were expressed: costs of providing English as a second language courses; thnding from municipal ities; making provincial and federal governments aware of the need ti~r programs. His Worship Mayor Thomson thanked all the participants for their presentations to Coonoil. l ti Zonint, By-la~v Amendment Applications AM-7/93, The Niagara Falls Y3,V.C.A. Nou-Prufit Corporation and AM-8/93, Stamford Ki~vanis Nnn-Profit Hnme~ Inc. West Side of Ailantbns Avenile. Mr. Greg Sims, 5935 Frontenac, presented a petition to Council, headed up by Wilhelminn and Brian O'Donnell and expressed the following concerns on behalf of the residents that would be aft~cted by the proposed applications: subsidized housing is not cost effective; question of sufficient operating bedget tbr maintaining the buildings; proposed park to be built at future date; no continuous sidewalk on either side of Allanthus Avenue; conditions of existing sidewalk; existing road surface too liarrow to park vehicles; no improvements to street to handle increased flow of traffic and overcrowding of schools. Mr. Simms advised that the residents do not support the project and requested Council deny approval of the proposal. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the matter be deterred and further that another public meeting be held. The motion Carried with Alderman Janvary voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor, that Mr. Sims' comments be accepted and dealt with at the public meeting. Carried Unanim0oslV. Mr. Antonio Aurora's Correspondence and Report L-93-34 - Decision of The Ontario Municipal Board Appeal by Cosine Dilollo and Falls Masonry Limited; Scott Subdivision; 5088, 5062 & ~046 Drummond Road; File No. 92-C4-96. ORDERED on the motion of Alderman Germane, seconded by Alderman Susan, that the Deputation of Mr. Antonio Aurora and Report L-93-34, be deferred to a subsequent meeting of Council. CBrrie~l Unanimoosly. Garlmge Bag LImit and Pickup at Con~mercial Focilllies Mr. Paul !toffner, Flamingo Hotel, 7701 Lundy's Lane, did not attend Council. -6- -7 - COMMUNICATIONS Communication No. 224 - ART by the Falls, Re: Rotary Club of Niagara Falls 2nd Annual Arts and Crafts Show and Festival. The communication requests support of the event being held on September 17, 18 and 19, 1993 as a community festival through written approval. ORDERED on the motion of Alderman Headershot, seconded by Alderman Janvary, that the request be supported. Carried Unanimously. See Resolution No. 73 Communication No. 225 - The Corporation of the Town of Fort Erie - Re: Resolution. The communication requests Council support a resolution opposing the potential loss of licensing revenues fur super jackpot bingo events. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the request be supported and further that the municipality be on the ti'ont line of enforcement. Carried Unanimously. Communication No. 226 - The Brock University Students' Union - Re: Fundraiser. The communication requests Council permit the Brock University Students' Union Shinerama Days from September 7th to September 15th, t993; and to permit the "Shinerams" participants to use public locations such as main streets in Niagara Falls, on Saturday, September 11, 1993 from 10:00 a.m. to 5:00 p.m. to shine shoes and car windows as a fundraiser for the Canadian Cystic Fibrosis Foundation. ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the request be approved. Carried Unanimously. Communication No. 227 - City of Welland - Re: Niagara Region Landlord Association and Rental Housing Vacancy Rates. The communication provides information regarding the current level of Rental Housing Vacancy Rates. ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the report be endorsed and further that a copy of the report be forwarded to the local M.P.P. Carried Unanimously. Communication No. 228 - The Board of Education for the City of York - Re: Petition. The communication requests Council support a petition through resolution calling upon the parliament of Canada to enact legislation for the elimination of the Yomig Offenders' Act, harsher sentences for violent crimes; a referendum on capital punishment; and a complete revision of the Criminal Justice System of this country. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the matter be referred to staff respecting certain revisions to the resolution. Carried Unanimously. Communication No. 229 - Niagara Falls Volunteer Bureau - Re: Participation on the Board of Directors. The communication extends an invitation to Council to participate on the Board of Directors of the Volunteer Bureau. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that Alderman Margaret Garmano be selected as the official Council representative on the Board of the Niagara Falls Volunteer Bureau. Carried Unanimously, Communication No. 230 - Ministry of Municipal Affairs - Re: Association of Municipalities of Ontario. Thecommunicati~np~~videsinf~rmati~nregardingtheAss~ciati~n~fMunicipalit~es~f~ntari~ Annual Conference, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that members of Council wishing to attend the AMO Conference, advise the City Clerk by. th~ end of the week of July 23, 1993. Carried Unanimously. ! REPORTS B-93-42 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Cmnmercial/Residential Btdlding; N/E corner of Drummond Rd. & Crimson Dr.; Site Plan Centrot - SPC 93-06. The report recommends that Council approve the above subject Site Plan for a proposed cotnmercia//residential building pursuant to Section 41 of the Planning Act, comprising of the Site Plan being drawing No. SP-I, and the landscape plan being drawing No. SP-2. ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. MW-93-145 - Chief Administrative Officer - Re: By-law to Authorize the Reconstruction on St. Lawrence Avenue; Jepson Street; Rice Crescent and Wesley Place. The report recommends the tbllowing: 1. That Council hear any person who claims that his/her land will be prejudicially affected by the by-law appearing on tonight's agenda, to authorize the above works; That subject to there being no valid objections, that the by-law appearing on tonight's agenda be giveo three readings and be passed by Council. His Worship Mayor Thomson received a negative response to his request for conrelents from persons claiming that his/her land would be prejudicially affected by the by-law appearing on tonight's agenda anthorizing the proposed works. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanbnoosly. See By-law No. 93-161 MW-93-146 - Chief Administrative Officer - Re: Bender Street Feasibility Study Consultant Selection. The report recommends the following: h That the City proceed to retain the Delcan Corporation as the Consultant to undertake a feasibility study to open Bender Street (Hill) at the C.P.R. crossing, at a cost of $29,853.00; 2. That ihe application be made to the Ministry of Transportation for 50 percent subsidy ti~nding. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. MW-93-150 - Chief Administrative Officer - Re: Contract 93-107; Road Reconstruction on St. Lawrence Avenue; Jepson Street; Rice Crescent; Wesley Place and Storm Sewer Installation on Eastwood Crescent. The report recommends that the unit prices submitted by the low teedeter, De Rose Bros. General Contracting Ltd., be accepted, and that the contract be awarded to this Firm, subject to: a) the by-law regarding the Public Notice be approved. ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, See By-law No. 93-1(i2 See Resolotion No. 72 R-93-31 - Chief Administrative Officer - Re: Mount Carmel Park; Storm Water Easement, Southwood Drive. The report recommends that Council amend the approval of the Mount Carreel Master Plan to replace the term "walkway" with Block 34 (Storm Water Overland Flow Route)" between lots 17 and 18 adjacent to Southwood Drive. ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. -8 - -9 - R-93-32 - Chief Administrative Officer - Re: Spectator Seating Niagara Falls Memorial Arena Amendment. The report recommends that the agreement between the City of Niagara Falls and the Hamilton Tigers Hockey Club Ltd., dated May 31, 1993, be amended as set out in the attached agreement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that at the request of the Recreation Department the matter be deferred for a further report. Carried Unanimously. F-93-31 - Chief Administrative Officer - Re: Municipal Accounts. 1he report recommends that the accounts totalling $827,583.95 for the period ending July 5, 1993, and the accounts totalling $408,486.51 for the period ending July 12, 1993 be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque Nos. 87989; 88139; 88132; 87911; 87934 and 87882. ORDERED on the motion of Alderman Susin, seconded by Alderman err, that Cheque No. 87882 be deferred tbr further information. The motion was Lost with the following vote: AYE: NAYE: Aldermen err and Susin. Aldermen Cowan, Cummings, Craitor, Fisher, Germane, Hendershot, Janvary, Sherat and Ward. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings, Fisher, Hendershot, and Susin, abstaining from the vote on conflicts of interest previously recorded and with all others voting in fayour. See By-law No. 93-180 See By-law No. 93-181 F-93-32 - Chief Adtninistrative Officer - Re: Amendments to By-Laws for the Second Instalment of Business Taxes and Interest Rat~. The report recommends to Council the adoption of by-laws amending the second instalment of business taxes from August to September and extending the amendment of the monthly interest rate of 1% on tax arrears to December 31, 1993. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. F-93-33 - Chief Administrative Officer - Re: Autholization for Signing of Cheques. The report recommends that the Council of the City of Niagara Falls pass a by-law to provide for persons authorized to sign cheques pursuant to section 79 of the Municipal Act. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. RATIFICATION OF FINANCE COMMITFEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the following matters by the Finance Committee, earlier this evening, be approved. 1. Adoption of the Minutes of June 28, 1993; 2. Report FC-93-22 - Joint Committee re: Region-Wide Market Value Assessment - to establish a steering committee to coordinate a presentation to Regio.al Council regarding Region-Wide market Value Assessment. The joint committee will initially be comprised of the Mayor, the Chairman and Vice-Chairman of the Municipal Finance Committee and the City Treasurer; the President, Past President, and Vice President of the Niagara Falls, Canada Visitor & Convention Bureau; and representation from the Economic Development Agency and the Chamber of Commerce, After the Committee structure has been put in place, a public meeting will be called m~d interested parties welcomed to join the committee. ...9 Economic Development Agency & Visitor & Conventk~n Bureau - to re-affirm the Finance Committee's decision to reduce the Economic Development Aguncy's aonual appropriation by 5% - Aldermen Craitor and Janvary opposed. Niagara Falls, Canada Visitor & Convention Bureau - to re-affirm the Finance Committee's decision to reduce the Niagara Falls, Canada Visitor & Convention Bureau's annual appropriation by 5 % - Aldermen Janvary and Sherat opposed. Carried L-93-31 - Chief Administrative Officer - Re: Disposal of Alliston Avenue Road Allowance; File No. 92-C4-169. The report reco~nmends the following: 1. That the tollowing by-laws appearing on this evening's agenda be passed: a) A by-law to assume Alliston Avenue shown on registered Plan No. 44; b) A by-law to stop up, close and convey that part of Alliston Avenue designated as Parts I & 2 on Reference Plan 59R-8472. .. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with Aldermen Orr and Susin voting contrary to the motion and with all others voting in fayour. See By-law No. 93-166 See By-law No. 93-167 CD-93-28 - Chief Administrative Officer - Re: Special Sales Charitable Groups Lic~nce. The report recommends that Council pass the appropriate By-law amending the Licensing By-law to allow tbr a lower fee for a Special Sales Licenee when such a sale is being conducted by a Charitable or Service Group for the benefit of charity and that the fees be those set out in this Report. ORDERED on the motion of Alderman Craitor, secouded by Alderman Hendershot, that the report be amended with the deletion of the words "an audited" statement. Carried Unauimooslv. CD-93~29 - Chief Administrative Officer - Re: Animals Other Than Dogs Running at Large and Appointment of a Pound Keeper. The report recentmends the fullowing: 1. That Council pass the By-law appearing on the Agenda appointing the Niagara Falls Humane Society as Pound Keeper for the City; 2. That Council pass the By-law appearing later on the Agenda updating the City's By-law governing animals other than dogs running at large. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Cowan abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. See By-law No, 93-163 See By-law No. 93-164 CD-93-31 - Chief Administrative Officer - Re: Amendment to Bingo Event Calendar. The report recommends the tBllowing: 1. That the event calendar for mnnicipal bingo licensing be amended to reflect the conducting of only one (1) event in the Sunday late night time slot, that being from 10:30 p.m. to 12:00 midnight; That the Shamrock Boxing Ch, b and Niagara Strings share the time slot on a bi-weekly basis; That this change be effective tbr a six-month trial period, to be assessed at that time with its l~asibility; - 10- - 11 4. That tlds change be effective immediately and where applicable a refund of licenee fees be issued. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. CD-93-32 - Chief Administrative Officer - Re: Amendment to Break-Open (Nevada) Ticket Policy. The report recommends the following: 1. That Council approve a change in the municipal break-open policy, regarding eligibility to allow for a Provincial office of a charity to receive a municipal licenee on behalf of its local chapter; 2. That Council approve a change in the municipal break-open policy, regarding eligibility, to allow for organizations without a local or regional presence, upon proof of local benefit to be eligible to receive a municipal licenee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the matter be deferred for further information. Carried Unanimously. CD-93-33 - Chief Administrative Officer - Re: Special Occasion Permit; Optimist Club of Niagara Falls and Hostess - Frito Lay Slo Pitch Tournaments. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Ward, seconded by Alderman Craltor, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Committee of the Whole, earlier this evening, be approved. That the applicant's building permit fees be refunded upon the appropriate execution and acknowledgemerit that the City does not waive any rights it may have regarding building considerations for Lot No. 7; That the City Solicitor be authorized to commence a legal action against outstanding business tax arrears for a business located on Ferry Street; That the City Solicitor be authorized to commence a legal action against outstanding business tax arrears for a business located at Sauer Road; That arrangements for payment of tax arrears as proposed by the owners of motel on Lundy's Lane be accepted. Carried Unanimously. RESOLUTIONS NO. 70 - CUMMINGS - HENDERSHOT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby supports a one-year extension to the T.G. Bright's Business Park draft plan of subdivision and that the Regional Municipality of Niagara be so informed, conditional upon the applicant maintaining the appropriate subdivision sign which complies With the Municipal and Regional requirements. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 71 - SHEPAR - CUMMINGS - BE IT RESOLVED that the Corporation of the City of Niagara Falls makes application to the Ministry of Municipal Affairs for funding under the 1993/94 PRIDE application in the amount of $210,000 toward the cost of a $630,000 Community Improvement Project for Victoria Avenue from approximately Ferry Street to Robeas Street. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 72 - SUSIN - CUMMINGS ~ RESOLVED that the unit prices submitted by the low tenderer, DeRose Bros. General Contracting Ltd. for Contract 93-107 - Road Reconstruction on St. Lawreuce Avenue; Jepson Street; Rice Crescent; Wesley Place and storm sewer installation on Eastwood Crescent, at the low tendered amount of $642,064.05 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unauinmasly. NO. 73 - WARD - CRAITOR - BE IT RESOLVED that the Council of the Corporation of the City of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise, "Art by the Falls" event as a community festival. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 74 - COWAN - FISHER - WHEREAS Staff and the Lottery Licensing community are concerned at the number of Monte Carlo events being conducted in the City of Niagara Falls, AND WHEREAS Staff and the Lottery Licensing community are presently in consnltation on a policy tbr preseutatim~ to Council; NOW THEREFORE BE 1T RESOLVED that Council direct Staff to cease issuing monicipal approval of Monte Carlo events, until such time as a policy is in place, save and except tbr the week of August 8 - 14, 1993, for which one approval may he issued. AND the Seal of the Corporation he hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the tollowing by-laws, and the by-laws be read a first time: 93-161 A by-law to authorize road reconstruction of St. Lawrence Aveuue; Jellson Street; Rice Crescent and Wesley Place. 93-162 A byqaw to authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. respecting road reconstruction and storm sewer iustallation. 93-163 A by-law to prohibit animals, other than dogs, being at large or trespassing. 93-164 A by-law to provide sufficient yards and enclosures for the satinkeeping of animals and to appoint a poundkeeper. 93-165 A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning area. 93-166 A by-law to assume a highway on Registered Plan No. 44. 93-167 A by-law to stop up and close and to authorize the sale and conveyance of part of AIliston Avenue. WITHDRAWN WITHDPAWN WITHDRAWN WITHDRAWN A by-law to amend By-law No. 79-200, as amended (AM-I 1/93, Parr Lumber Ltd.) A by-law to amend By-law No. 85-238, respecting the classes of development that ntay be undertaken in site plan control areas without the approval of plans and drawings (AM-11/93, Parr Lumber Ltd.). ...12 93-168 93-169 93-170 93-171 93-172 93-173 - 12 - - 13 - 93-174 A by-law to amend By-law 92-174, being a by-law to amend By-law Nos. 82-39; 83-42; 84- 52; 85-35; 86-34; 87-21; 88-43; 89-49; 90-37; 91-06 and 92-23, being by-laws/br the collection of interim taxes in their respecting years and By-law Nos. 82-119; 83-114; 84-129; 85-95; 86-110; 89-131; 90-133; 91-124 and 92-106, being by-laws to provide for the collection of taxes in their respecting years. 93-175 A by-law to amend By-law No. 93-23, being a by-law to provide for the collection of interim taxes and taxes from year to year and to remain in tbrce until repealed. 93-176 WITHDRAWN 93-177 A by-law to provide for the adoption of an amendment to the Official Plan of the City of Niagara Fails (Drummond Rd. between Ash & Murray St.). 93-178 A by law to provide for persons authorized to sign cheques pursuant to Section 79 of Municipal Act. 93-179 A by-law to authorize the execution of an agreement with Paul Robertson, carrying on business as Trees Unlimited Forestry Consultant. 93-180 A by-law to authorize monies tbr General Purposes (July 05, 1993). 93-181 A by-law to authorize monies for General Purposes (July 12, 1993). The motion Carried with Alderman Cowan abstaining from the vote on By-law Nos. 93-163 and 93-164, on a conflict of interest previously recorded; Aldermen Orr and Susin voting contrary to By-law Nos. 93-166 and 93-167; Aldermen Craitor, Hendershot and Susin abstaining from the vote on By-law No. 93-180 on conflicts of interest previously recorded; Aldermen Craitor, Cummings and Fisher abstaining from the vote on By-law No. 93-181 on conflicts on interest previously recorded and with all others voting in favour. 93-172 93-173 93-174 93-175 93-176 93-177 93-178 93-179 93-180 93-181 A by-iaw to amend By-law No. 79-200, as amended (AM-11/93, Farr Lumber Ltd.) 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 (AM-11/93, Farr Lumber Ltd.). A by-law to amend By-law 92-174, being a by-law to amend By-law Nos. 82-39; 83-42; 84- 52; 85-35; 86-34; 87-21; 88-43; 89-49; 90-37; 91-06 and 92-23, being by-laws for tile collection of interim taxes in their respecting years and By-law Nos. 82-119; 83-114~ 84-129; 85-95; 86-110; 89-131; 90-133; 91-124 and 92-106, being by-laws to provide friar the collection of taxes in their respecting years. A by-law to amend By-law No. 93-23, being a by-law to provide ti~r tbe collection or' interim taxes and taxes from year to year and to remain in three until repealed. WITHDRAWN A by-law to provide for the adoption of an amendment to tile Official Plan of the City of Niagara Falls (Drummond Rd. between Ash & Murray St.). A by-law to provide for persons authorized to sign cheques i,ursnant to Section 79 of Municipal Act. A by-law to authorize the execution of an agreement with Paul Robertson, carrying on business as Trees Unlimited Forestry Consultant. A by-law to authorize monies for General Purposes (July 05, 1993). A by-law to authorize monies li~r General Purposes (July 12, 1993). ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the tbllowing by-laws be now read a second and third time: 93-161 93-162 A by-law to authorize road reconstruction of St. Lawrence Avenue; Jepson Street; Rice Crescent and Wesley Place. A byqaw to authorize the execution of an agreement with DeRose Bros. General Coutracting Ltd. respecting road reconstruction and storm sewer installation. 93-163 93-164 A by-law to prohibit animals, other than dogs, being at large or trespassing. A by-law to provide sufficient yards and enclosures for the safekeeping of animals and to appoint a poundkeeper. 93-165 A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning area. 93-166 A by-law to assume a highway on Registered Plan No. 44. 93-167 A by-law to stop up and close and to authorize the sale and conveyance of part of Alliston Avenue. 93-168 WITIIDRAWN 93-169 WITHDRAWN 93-170 WITHDRAWN 93-171 WITHDRAWN The motion Carried with Alderman Cowan abstaining from the vote on By-law Nos. 93-163 and 93-164, on a conflict of interest previously recorded; Aldermen Orr and Susin voting contrary to By-law Nos. 93-166 and 93-167; Aldermen Craitor, Hendershot and Susin abstaining frmn the vote on By-law No. 93-180 on conflicts of interest previously recorded; Aldermen Craltor, Cummings and Fisher abstaining from the vote on By-law No. 93-181 on conflicts on interest previously recorded and with all others voting in fayour. Prior to dealing with New Business matters, it was ORDERED on tile motion of Alderman Cummings, seconded by Alderman Janvary, that the Council meeting of August 23, 1993 be inoved, dae to the upcoming AMO Conference, to a date to be determined at the call of His Worship Mayor Thomson, Carried Unanimously. NEW BUSINESS Walker Industries Alderman Cummings referred to correspondence from Walker Industries regarding a public meeting held on July 5, 1993 with respect to accepting the City of Kingston's municipal waste. Villuge of Chippaws Parade Alderman Cummings referred to a Regional Parade permit for the Vii lage of Chippaws and reqnested further information on the matter. Alderman Fisher indicated that the parade being held on Angust 7, 1993 was in conjunctio.n with the rededication of the Chippaws Willoughby Memorial Arena, - 14 - Mapping Committee Meeting Alderman Cummings indicated that he wished to be on record as having been prepared to attend a Mapping Committee meeting last week, but was unable to attend due to the building not having handicap accessibility. Tourism Alderman Cummings suggested that consideration be given to establishing a Departanent of Tourism at City Hall. Tourism Plan Alderman Headershot enquired when the Tourism Reorganization matter would be coming back to Council. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the Tourism Plan be brought back to the next meeting of Council, requesting that all interested patties attend and to approve the plan as a draft working document for circulation and comment; and that the finalization of the document to be scheduled for early September. Carried Unanimonsly. Trucks on Woodland Boulevard Alderman Hendershot requested an update on the matter regarding trucks on Woodland B0tdevard and High Street. The City Solicitor provided an update indicating there were two outstanding charges; discussed the Highway Traffic Act prohibiting the use of heavy trucks and indicated that the matter was proceeding in the normal fashion. Railway Tracks at McLeod Road & Marineland Parkway Alderman Fisher expressed concerns regarding the issue of work to be done on the railway tracks at McLeod Road and Marineland Parkway. ORDERED on the motion of Aldermao Fisher, seconded by Alderman Ward, that the matter be referred to staff for further investigation. Carried Unanimously. .Spring Cleanup Alderman Craitor referred to, having no spring cleanup due to budgetary restraints and offering alternatives to the residents of Niagara Falls for a means of disposal of unwanted goods and provided an article from the City of Ottawa regarding a project entitled ':Goods Exchange Days". ORDERED on the motion of Alderman Craitor, seconded by..A_|derman Ward, that the matter be referred to Public Works. Carried Unanimously. Clean up of Brush Alderman Germane expressed concerns regarding the overgrown trees and brush in the areas of Kitcheaer Street and Stanley Avenue and in the area of Slater~ one block east of Stanley and requested that the matter be investigated to see whether the brus!: can be cleaned up. Pipeline Construction Alderman Susin referred to the Pipeline Construction and that Sherk Road could be destroyed due to heavy vehicles and suggested that a sign indicating "No Heavy Trucks" be posted, The City Solicitor indicated that he would discuss the matter with the individuals involved. - 15 - Adults Only Videos Alderman Ward requested an update on the Adults Only Video matter on Lundy's Lane. The City Solicitor advised that the matter was going to Appeal. Recycling Grants Alderman Ward advised of a meeting held on June 25, 1993 with Margaret Harrington, blPP to discuss the grant application for the recycling program and requested that a letter be Ibrwarded to the MPP requesting what progress had been made respecting the grant application. The Chief Administrative Officer responded that a letter had been forwarded to the MPP regarding securing receipt of funds but that no reply had been received; and indicated that the per tonne cost wmdd be substantially reduced but advised that the enhanced funding may not be received by the municipality. Com~nittee-of-the-Whole Alderman Orr requested that minutes of Committee-of-the-Whole be given in more detail: Toon Town Burgers Car Rally His Worship Mayor Thomson referred to the Toon Town Burgets Car Rally and requested that a committee be established to address the issue. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that a committee be established to include His Worship Mayor Thomson, Aldermen Craitor, Fisher, Germano and Shetar and representatives from the police force to discuss the issue. Carried Unanimonsly. It was moved by Alderman Ward, seconded by Alderman Cummi,igs, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-THIRD MEETING REGULAR COUNCIL MEETING Council Chambers July 26, 1993. Council met on Monday, July 26, 1993 at 7:30 p.m. tbr the purpose of considering Regular Cooncil Business. All members of Council, with the exception of Alderman Cowan, were present. His Worship Mayor Thomson presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the Minutes of the Planning and Regular Council Meeting of July 12, 1993 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERES__T Aldecman Fisher indicated pecuniary interests on Report PD-93-79 and PD-93-80 and B~-iaw 93- 183 b. ecause of business interest. , Alderman Susin indicated a pecuniary interest on petition from Michael's Inn as he holds the Mortgage for an adjacent property. Alderman Craitor indicated pecuniary interests on Report F-93-34 and Cheque Nos. 88174; 88287 and 88342, Report MW-93-153, By-law 93-184 because his wife is employed by the Region, Cheque No. 88470 as he sits on the Board of the Occupational Health and Developmeet Agency as a vohmteer. Alderman Ward indicated a pecuniary interest on PD-93-78 because he has a business interest. Alderman Cummings indicated a conflict on Michael's Inn because a family member is employed ihere. UNFINISHED BUSINESS Tourism Organization Communication No. 231 - Office of the Mayor - Re: Tourism Organization. The communication provides information on the Tourism Reorganization concept plan. ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher that this Report be tabled until September. The motion Carried with Aldermen Ward, Sherar, Craitor, Hendershot and Janvary votiog contrary to the motion and with all others voting in fayour. Communication No. 232 - Promenade for the Arts. David Watts, Laura Moffat and Brenda Herchmer provided a brief history and prograin Ii>r the Promenade for the Arts event to be held on September 18 and 19, 1993 from 10:00 a.m. to 5:00 p.m. and soppotted the request made by Margaret Nagy of the Downtown Board IBr the closure of Queeo Street during the event. The required $900.00 fee is to be waived in this instance. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cmnmings that the request be approved and the fee for setting up barricades as outlined in Special Event Road Use Pertnit be waived. Carried Unanimously. Communication No. 233 - Mr. Andy Learmonth, President, ProTeck Roofing, expr~sed concerns regarding fees at the dump site. Following some discussion, it was ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher that the matter be referred to Staff li~r a Report back within 2 weeks to the Municipal Works Committee. Carried Unanimously, ...2 -2 - -3- Communication No. 234 - Team Niagara Tourism, Casino Committee. The communication provided information and suggestions regarding Team Niagara Tourism and the Casino Committee. ORDERED on the motion of Alderman Handershot, seconded by Alderman Cummings that the communication be received and filed. Carried Unanimously. Communication No. 235 - Y's Men's Club - The communication requests Council to grant an exemption from the City's Provincial Bingo policy for the Y'Men's Club. Staff Report CD-93-35 was brought forward and dealt with. Following some discussion, it was ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor that the communication be received and that the recommendation of Staff Report CD-93-35 not be supported. Carried Unanimously. Communication No. 236 - Canadian Mental Health Association Niagara South Branch. The cotnmunication requests Council to grant an exemption from the City's Provincial Bingo Policy. Staff Report CD-93-35 was brought forward and dealt with. Following some discussion, it was ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor that the communication be received and that the recommendation of Staff Report CD-93-35 not be supported. Carried Unanimonsly, Communication No. 237 - Weibe Engineering Group Inc. Re: Final Engineer's Report - Tee Creek Municipal Drain. The communication requests notification when the report will be reconsidered after re-circulation to all affected parties and agencies. ORDERED on the motion of Alderman Ward. seconded by Alderman Cummings that this report be received and filed. Carried Unanimously, Conm~unication No. 238 - Occupational Help & Development Centre - Re: Regional Community Adjustment Program, The communication provides intbrmation on evaluations conducted on the Regional Community Adjustment Program and programs and services offered by the Help Center, to assist displaced workers deal with plant closures and downsizinings. ORDERED on the motion of Alderman Sherat, seconded by Alderman Cummings that the communication be received and filed. Carried Unanimously. · Communication No. 239 - John Atkinson - Re: Weight restriction on Dorchester Road, south of McLeod. The communication requests that a weight restriction be imposed on Dorchester Road, South of McLeod to Oldfield Road. ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings that this report be retorted to Staff for further discussion. Carried Unanimously, Cummunication No. 240 - Office of the Premier of Ontario - The Hen. Bob Rae - Re: jobsOntario. The communication acknowledges the concerns of Council in dealing with the difficult economic conditions in the Niagara Region. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that the communication be referred to staff. Carried Unanimously, Communication No. 241 - Multiple Sclerosis Society of Canada 1993 Niagara Noranda Forest Bike Tour ou Sunday~ September 12th. - Re: Proclamation. - The communication requests Council proclaim September 12, 1993 as "Noranda Forest Multiple Sclerosis Bike Tour Day". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings that thu request be approved subject to established policy. Carried Unanimously. ...3 l Communication No. 242 - Michael's Inn - Re: Petitiou. The comnmnication requests Couucil support a petition for a Left Hand turn lane off the Rainbow Bridge. ORDERED on the motion of Alderman Fisher, seconded by Alderman Germane that the City reqnest a copy of Mr. Hanton's reply from to Mr. Michael Gruyich and that Mr. Grt y ch sit oil the next committee meeting of Bender Hdl. ~e motion Carried w~th Alderman Puttick and Aklerman Itendershot voting contrary to ~e motion; Aldermen Cummings and Susin abstain~ from the vote on conflicts of inter~t previously not~ ~d wi~ ~l o~ers voting in thvour. REPORTS B-93~43 - Chief Administrative Officer - Re: Site Plan Approval - Propnsed Comnlercial/Residential Building: NW Corner of Portage Road Morrison Street. The report recommends that the intbru~ation contained in this report be received and tiled. ORDERED on the motion of Alderman Craitor, seconded by Aldenuan Sherat that tile report be received and adopted. Carried Unanimously. MW-93-153 - Chief Administrative Officer - Transfer of Easement from Region to City - Cropp Street to Morrison Strect~ Part 2~ Plan 59R-8006. The report recommends the tbllowing: . - 1. . That the City accept the easement above tbr the purpose of the 1350 ram. d iametbr stornl sewer: 2. That the City waive the local improvement charges assessable to Regional lands on Cropp Streei (Estimated amount $3,433.92). ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar that tile report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a conllict of interest previously noted and with all others voting in fayour. 1HW-93-154 - Chief Administrative Officer - Quotation for Consultant Selection fur Municipal Bridge Appraisal Update. The report recommends that the unit prices for the lowest quotation submitted froin C. C. Parker Consultants Limited be accepted and Staff be authorized to proceed to thudlie a Consulting Engineering Agreement. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher that Coilnell endorse die report and that it be received and adopted. Carried Unanimously. MW-93-155 - Chief Administrative Officer - Tourism Map Distribution. The report recmnmends that the report be received and filed for the information of Council. ORDERED on the motion of Alderman Sherat. seconded by Alderman Craitor that the report be received and filed. Carried Unanimously. R-93-32 - Chief Administrative Officer - Spectator Seating - Niagara Falls Memurial Arena. TIle report recommends that the agreement between the City of Niagara Falls and the Hamilton Tigers Hockey Clnb Ltd. to purchase and install reconditioned seats tier Niagara Falls Memorial Arena be cancelled, as requested by Mr. Russ Boychuk. Concerns were raised with respect to the validity of this Agreement and termination thereof. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher that the repm't be received and adopted. The motion .Carried with Alderman Cummings voting contrary to the motion and with all others voting in favour, R-93-33 - Chief Administrative Officer - 1993/94 Winter lee Schedule for Municipal Areires. The report recommends that the attached schedules for Special Events and Regular Use of Winter Ice tbr 1993/1994 at municipal arenas be approved. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward that the report be received and adopted. Carried Unanimously, PD-93-76 - Chief Administrative Officer - Action frmn the Euviron:nental. Phnmlng & Greening Committee M~tlng on July 7, 1~3. ~e report r~ommends that Cormell endorse the action r~ulting from ~ July 7, 1993 m~ing of ~e Environmental Planning & Greening Committee. ORDERED on the motion of Alderman Janvary, second~ by Alderman Orr that action of the Environment~ Planning ~d Oreening Committe~ be adopt~. Carri~ Unanbnously. -4- PD-93-77 - Chief Administrative Officer - Niagara Escarpment Development Permit N/S/93-93-47. Tho report recommended that Council formulate a position on this application and direct Staff accordingly. ORDERED on the motion of Alderman Janvary, seconded by Alderman craitor that the water line be connected and that the report be received and adopted. Carried Unanimously. PD-93-78 - Chief Administrative Officer - Native Burial Ground (Ossuary), Official Plan Amendment 203 - Walker Heights. The report recommends the following: Concerns regarding possible archaeological resources on the site be addressed through the preparation and review of an archaeological assessment prior to any development disturbances on the property, and that the results of this assessment be presented at the resumption of the public meeting for Official Plan Amendment 203; Council support the Lundy's Lane Historical Society in having skeletal remains in their possession examined and properly interred; Staff be directed to contact the Buffalo and Erie County Historical Museum regarding possible Indian bones in their possession, and, if such remains exist, request that they be examined and properly interred; The Lundy's Lane Historical Society investigate possible improvements to the cairn marking the location of both the Indian Ossuary and former Stamford Cottage; and The Niagara Regional Native Centre be included in the circulation notice for development applicatiol~s where there is a likefihood of finding archaeological resources. Mr. Vinee Hill was invited to address Council. Following some discussion, it was determined that the report be amended and that the reintorment of any native remains which prove to be in the City's possession be properly feinterred with the assistance of the Native community. Further, any reports from the anthropologist and archaeologist be provided to Mr. Hill. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that the report be approve, d, as amended. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. PD-93-79 - Chief Administrative Officer - Request for Removal of Part Lot Control, Lot 165, Registered Plan 59M-129, Yvette Crescent. The report recommends that: · 1. The request from Callurn Shedden, on behalf of Riverview Homes (Niagara) Ltd. to remove Lot 165, Registered Plan 59M-129, YveBe Crescent in West Meadow Subdivision, 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 The applicant be required to give notification to the City, when the deeds have been registered, in order for the by-law to be repealed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings that the report be received and adopted, The motion Cltrried with Alderman Fisher abstaining from the vote on a con~ict of interest proviously noted and with all others voting in favour. PD-93-80 - Chief Administrative Offleer - Request for Removal of Part Lot Control, Lots 168 and 169 and 170, Registered Plan SgM-129, Westmeadow Subdivision. The report recommends the following: · 1, That the request from Brian Sinclair, on behalf of Pinewood Homes, to remove Lots 168, 169 and 170, Registered Plan 59M-129, West Meadow Subdivision, from Part Lot Control be approved and .~an agreement entered into whereby lhe applicants will only build 6 semi-detached dwelling units on the lots which.will only be,divided in half; !1 ! -5- 2. Council pass the appropriate by-law to designate the lands as exempt from Part Lot Cootrol, and a by-law authorizing the execution of an agreement to maintain control of developrecur on the lands; 3. The applicant be required to give notification to the City, when the deeds have been registered, in order for the by-law to be repealed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cmnmings that the report be received and adopted. The motion Carried with Alderman Fisher abstaining fi'om the vote on a conflict of interest previously noted and with all others voting in fayour. See By-law No. 93-188 PD-93-81 - Chief Administrative Officer - Request for Removal of Part Lot Control, L~ts 94 Through 97 and 99 Through 109, Registered Plan 59M-129, West Meadow Subdivision. The report recommends that: 1. The request from Dante Marinelit, on behalf of Walco Developments Ltd., to remove Lots 94 through 97 and 99 through 109, Registered Plan 59M-129, West Meadow Subdivision, from Fart Lot Control be approved and an agreement entered into whereby the applicants will only huild 30 seRni- detach.ed dwelling units on the lots which will only be divided in half; ' 2. Council pass the appropriate the by-law to designate the lands as exempt fron~ Part Lnt Control and a by-law authorizing the execution of an agreement which would maintain control of development on the lands; 3. The applicant be required to give notification to the City, when the deeds have been registered, in order for the by-law to be repealed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings that the report be received and adopted. Carried Unanimously. See By-law No. 93-183 PD-93-82 - Chief Administrative Officer - Request for Removal of Part Lot Control, Lot 158, Registered Plan 59M-129, Vincent Street. The report recommends that: 1. The request from Filomena Homes, on behalf of Walco Developmeots Ltd., to remove Lot 158, Registered Plan 59M-129, Vincent Street in West Meadow, from Part Lot Control be approved and that Council pass the appropriate by-law to designate the lands as exempt from Part Lot Control; 2. The applicant be required to give notification to the City, when the deeds have been registered, in order for the by-law to be repealed, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings that the report be received and adopted. Carried Unanimously, PD-93-85 - Chief Administrative Officer - Application to An;end Ihe Official Plan and Zoning By- law (AM-13/93) Nitoh & Carmelt Altieri, 8310 Beaverdams Road. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Handershot, seconded by Alderman Fisher that the report be received and filed. Carried Unanimously. PD-93-86 - Chief Administrative Officer - Consent Application B-295/93, Central Gunranty Trnst Company (Maple Leaf Village property), Request an Appeal to the Ontario Municipal Board. The raport recommends that the City appeal the decision on Consent Application B-295/93, His Worship Mayor Thomson received indication that Mr. Dante Marinelit, Solicitre, was in attendance on behalf of the applicant. ,..6 -6- -7 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat that Mr. Marinelit address Council. Carried Una~ Mr. Marinelit supplied a history of the Maple Leaf Village property. ORDERED on ',he motion of Alderman Puttick, seconded b,.t Alderman Hendershot that the City not appeal and that Staff be directed into an Agreement with the property owners in order to develop an agreement addressing all the City's concerns. Carried Unanimously. PD-93-88 - Chief Administrative Officer - Designated Property Grants, Burke Residence, 4851 River Road and Old St. John's Church, 3428 Portage Road. The report recommends that: 1. Council "approve in principle" subject to the conditions of LACAC the Applications tbr Designated Property Grants by: a) Gary Burke for Marshall/Doran House, 4851 River Road; and b) St. John's Stamford Heritage Association for Old St. John's Church, 3428 Portage Road. 2. The Applications be forwarded to the Ministry of Culture, Tourism and Recreation tbr approval. ORDERED on the motion of Alderman Ward, seconded by Alderman Germann that the report be received and filed. Carried Unanimously. F-93-34 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,155,033.34 for the period ending July 19, 1993 and the accounts totalling $1,908,778.95 for the period ending July '26, 1993, be approved by the passing of the by-laws appearing later on the agenda. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germann, that the report be received and adopted. The motion Carried with Alderman Craltor abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. See By-law No. 93-190 See By-law No. 93-191 RATIFICATION OF fiNANCE COMMITTEE ACTIONS HR-93-17 - Social Contract ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the actions of the Finance Committee in respect to the Social Contract, be approved. The motion Carried with Alderman Puttick voting contrary to the motion cf granting merit increases only, and with Alderman Sasin voting contrary to the social contract, and with all others voting in fayour. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the tbllowing matters by the Finance Committee, earlier this evening, be approved. That the minutes of the July 12th, 1993, meeting be adopted as recorded; That the Finance Committee direct the Social Planning Council Advisory Boardto proceed witIt the grant process as presented and report back to the Finance Committee on November 8th, 1993; FC-93-23 ~ Tax Balances at June 30, 1993 - That Report FC-93-23 be received and filed. Carried L-93-36 - The Establishment of Certain One Foot Reserves as Public Highways in Forest Glen Estates Subdivision, Our File No: 91-113-038. The report recommends that Council approve the by-law appearing on this evening's agenda for the establishment of certain one foot reserves as public highways in Forest Ill0n Estates Subdivision. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot that the report be received and adopted. 'Carried Unanimously. :~ee By-law No. 93-185 CD-93-34 - Special Occasion Permit; United Way SIn-Pitch - August 27, 28, 29, 1993 nnd Churity SIn-Pitch - Niagara Falls Thunder vs Toronto - August 12, 1993. The report recommends that Connell indicate it has no objection to the issuance of a Special Occasion Permit to the organizations listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that the report be received and adopted. Carried Unanimously. CD-93-35 - Provincial Bingo Event Calendar - Y's Men's Club & Canudiun Mental ltcalth Association Niagara South Board. The report recomxnends that Council grant an exception to the poI icy for the above organizations. ORDERED on the motion of Alderman Germann, seconded by Alderman Craitor that Cotmcil grant an exception to the policy for the Y's Men's Club and Canadian Mental Health Association Niagara Sonth Board. Carried Unanimously. CD-93-36 - Report of result of Council Poll respecting Resolution ou Monte Curlo's. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendersbot that the report be received and adopted. Carried Unanimously. ' CD-93-37 - Extension of Hours of Service for Liquor Licensed Estahlishments. Tile report recommends that Council endorse the resolution appearing on tonight's agenda, requesting that the Association of Municipalities of Ontario adopt a resolution for the extension of the hours lbr the sale of liquor and forward copies of that resolution to the Minister of Consumer and Commercial Relations and the Chair of the Liquor Licenee Board of Ontario. Following some discussion, it was requested that the report be amended to read "service of liquor to 3:00 a.m., consistent with hours in the United States." ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor that the report be received and adopted, as amended. Carried Unanimously. See Resqlnt on No 75 RESOLUTIONS No. 75 - CRAITOR - CUMMINGS - RESOLVED that WHEREAS the Regulations of the Liquor Licenee Act state that liquor may be sold and served only between 11:00 a.m. from Monday to Saturday and I:00 a.m. on the following day and only between noon on Sunday and I:00 a.m. on the tbllowing day; AND WHEREAS the Provinces and States surrounding the Province of Ontario pertnit the sale of liqnor beyond 1:00 a.m.; AND WHEREAS the owners of establishments, who sell liquor in the Province of Ontario that border on the said Provinces and States, are at a competitive disadvantage with respect to the establishments Incated in the said Provinces and States; AND WHEREAS the competitive disadvantage results in a loss of business to the Ontario establishments and thereby creates fewer jobs and business opportunities for the Ontario establishments and the local economy relying upon the said establishments; NOW THEREFORE BE IT RESOLVED that the Council for the City of Niagara Falls request that the Association of Municipalities of Ontario adopt this resolution and the recommendation contained heroin and forward copies to the Minister of Consumer and Commercial Relations and the Chair of the Liquor Lieonce Board of Ontario. AND FURTHER that the Regulation of the Liquor Licenee Act be amended by extending the hours for the sale and service of liquor in the Province of Ontario with a local option to opt out of the extended hours, or by extending the hours tbr the sale and service of liquor in those communities bordering along other Provinces or States with a local opfiou tbr those communities to opt out of extended hours. AND FURTHER that the Seal of the Corporation be hereto affixed. , Carried Unanimously ...8 :1 No. 76 - GERMANO - SUSIN - RESOLVED that the Council of the City of Niagara Falls recognizes the extraordinary feat accomplished by Carlos Costa who at age 20, has become the youngest man and the first disabled swimmer to conquer Lake Ontario. AND the Seal of the Corporation be heteto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershnt, that leave be granted to introduce the following bydaws, and the hydaws be read the first time: 93-182 A by-law to amend By-law No. 79-200, as amended (AM-19/92, 9t2724 Ontario Limited). 93-183 A bydaw to authorize the execution of an agreement with Walco Developments Limited respecting exemption from part lot control for the West Meadow Plan of Subdivision. 93-I84 A by-law to authorize the acceptance of an easement from The Regional Municipality of Niagara. 93-185 A by-law to establish certain one foot reserves in the Forest Glen Estates Subdivision as public highways. 93-186 A by-law to authorize the execution of a Transfer of Easement to TransCanada Pipelines Limited. 93-187 A by-law to designate certain lands not to be subject to part lot control. 93-188 A by-law to authorize the execution of an agreement with Pinewood Homes (Tara) Ltd. respecting exemption from part lot control for the West Meadow Plan of Subdivision. 93-189 A by-law to authorize the execution of a Model Home Agreement with 6661 Montrose Road Property Inc. et al re. Grinway Estates. 93-190 A by-law to authorize monies for General Purposes (July 19, 1993). 93-191 A by-law to authorize monies for General Purposes (July 26, 1993). 93-192 A bydaw to authorize certain documents under the Social Contract Act, 1993. The motion Carried with Alderman Fisher abstaining from the vote on Bydaw No. 93-183 on a conflict of interest previously recorded; Alderman Susin abstaining from the vote on By-law No. 93-186 on a conflict of interest because of the close proximity to his residence, and Alderman Craitor on By-law No. 9~-184 on a conflict of interest previously recorded and with all others voting in fayour. ORDERED on the motion of Alderman Headershot, seconded by Alderman Cummings, that the fbltowing by-laws be now read a second and third time: 93-182 A by-law to amend By-law No. 79-200, as amended (AM-19/92, 912724 Ontario Limited). 93-183 A by-law to authorize the execution of an agreement with Walco Developments Limited respecting exemption from part lot control for the West Meadow Plan of Subdivision, 93-184 A by-law to authorize the acceptance of an easement from The Regional Municipality of Niagara, 93-185 A by-law to establish certain one foot reserves in the Forest Glen Estates Subdivision as public highways. -9 - 93-186 93-187 93-188 93-189 93-190 93-191 93-192 A by-law to authorize the execution of a Transfer of Easement to TransCanada Pipdines Limited. A by-law to designate certain lands not to be subject to part lot control. A by-law to authorize the execution of an agreement with Pinewood Homes (Tara) Ltd. respecting exemption from part lot control tbr the West Meadow Plan of Stthdivision. A by-law to authorize the execution of a Model Home Agrecmcot with 6661 Mornrose Road Property Inc. et al re. Greenway Estates. A by-law to authorize monies for General Purposes 0uly 19, 1993). A by-law to authorize monies for General Purlloses (July 26, 1993). A by-law to authorize certain documents under the Social Contract Act, 1993. The motion Carried with Alderman Fisher abstaining from the vote on By-law No. 93-183 on a conflict of interest previously recorded; Alderman Susin abstaining from the vote on By-law No. '93-186 on a conflict of interest because of the close proximity to his residence, and Alderman Craimr on By-law No. 93-184 on a conflict of interest previously recorded and with all others voti~lg in thvour. NEW BUSINESS Twilight Tuesday Alderman Cummings recommended that everyone should attend. pertBrming on Tuesday August 3, 1993. Oldtime Fiddlers will be Chippawa Willoughby Memorial Arena Alderman Fisher invited everyone to the re-naming of the Arena on August 7 1993. There will be various attractions. TransCanada Pipelines TransCanada Pipelines co-generation plant. We are not competing on the same basis. Alderman Susin and Alderman Craitor recommends that we write to the Federal and Provincial Government. Letter of Con~,ratula/ions Congratulatory mossage to Carlos Cesta (disabled swimmer) on his achievement iu swimming across Lake Ontario. S.ee Resolution No. 76 Alderman Craitor expressed concern about bill postlags and advertisco~ents of Garage Sales on Hydro Poles. Building Code The City is to serve Jose Jacinto notice that he must bring the building on MacLeod Road into conformity with the Building Code, - 10 - Fire Fighters Convention Alderman Puttick referred to Fire fighters Convention being held in Milton. This City should be going after this type of event. O.H.R.P. Alderman Janvary expressed dissatisfaction about the discontinuation of the Ontario Home Renewal Program. She suggested that the City should write to Evelyn Gigantes and enclose a resolution objecting to the removal of the Program, seconded By Alderman Sherar. Carried. TV Coverage The Mayor and the Council of the Corporation of the City of Niagara Falls were provided with a Certificate of Recognition from Maclean Hunter Cable TV. Award Alderman Norm Puttick was presentexl with an "Award" from Mayor Jacob Palillo, of the City of Niagara Falls, New York, through Mayor Wayne Thomson. READ AND ADOPTED, MAYOR WAYNE THOMSON T'vVENTY-FOURTH MEETING COMMITTEE OF TIlE WHOLE Comnlittee Room #2 August 9, 1993 Council met on Monday, August 9, 1993 at 5:30 p.m. in Committee of tile Whole. All members of Council were present. Alderman Puttick presided as Chairman. Followin~ consideration of the items presented, the Committee of the Whole arose to report iu open session. READ AND ADOPTED, PLANNING MEETING Council Chambers Auglist 9, 1993 Council met on Monday, August 9, 1993 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Craitor offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERES.TS Alderman Cowan referred to the Council meeting of July 26, 1993 and indicated a pecuniary interest on Report No. F-93-34, Cheque No. 88461, because the recipient is his employer; and indicated a pecuniary interest on Report F-93-35, Cheque No. 88770 because the recipient is his employer. Aldermaa Craitor indicated a pecuniary interest on Report No. F-93-35, Cheque Nos. 88688 and 88690, because his wife is employed by the Region. Alderman Janvary indicated a pecuniary interest on Report MW-93-159 and By-law No. 93-198, beeease of the close proximity to her residence. Alderman Orr indicated a pecuniary interest on Report No. F-93-35, Cheque No. 88637, because the recipient is her employer. Alderman Ward indicated a pecuniary interest on Communication No. 244, Application from Niagara Waste Systems, because he has a business interest. PLANNING MATTERS PD-93-90 - Chief Administrative Officer - Re: Zoning By-law Amendment Application~ AM-7/93; Niagara Fails Y.W.C.A., Non-Profit Housing Corporation and AM-8/93: Stamford Kiwunis Non- Profit lierues Inc., West Side of Allanthus Avenue. The report recommeads the tbllowing: 1. That Report PD-93-90 be received and filed for information; 2. That Council reaffirm its decision of June 14, 1993 to approve applications AM-7/93 and AM-8193. ,.,2 -2- -3 - Communication No. 243 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the applications. Communication No. 244 - Mr. Brian McEachern. The communication expresses concerns regarding increased traffic in the area; installation of sidewalks; storm sewers, water mains, sanitary sewers, and natural gas service. Communication No. 245 - Nine Compana. The communication expresses support of the project through the March of Dimes. Communication No. 246 - Kris Tanner, Better Health with Reflexelegy. The communication indicates support of the project. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be fullowed under the Planning Act. The Deputy City Clerk advised that the Notices of the Public Meeting had been forwarded, by mail to all owners and persons assessed as of land within 120 meters of the subject lands on July 19, 1993. His Worship Mayor Thomson received indication that Mr. Brian McKeown, Solicitor, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development indicated this was the second public meeting being held for the zoning by-law amendment applications; discussed the subject property with the assistance of posted sketches and reviewed the following information included in Report PD-93-90: The Need for Subsidized Housing; The Maintenance of Subsidized Housing; The Ratio of Subsidized Housing to Private Housing; Infrastructure Improvements; and Schools. The Director of Planning and Development advised that the projects have land use planning merits an:~. requested that Council reaffirm its previous decision to approve the applications. His Worship Mayor Thomson received a positive response to his request for comments tYo~n persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. Mr. Rob Petruniak~ 7898 Tad Street, advised that there was a need for units providing attendant care and facilities for the physically challenged in Niagara Falls and referred to correspondence submitted by Nine Cornpens indicating support of the project. Diane Massman, Director of Housing, Y.W.C.A. discussed the need for such housing projects for individuals with special needs within the community and the accessibility of such housing units. ~ Ray Mat/hews, Stamford Kiwanis Housing, indicated full support of the project and stated that if Council was against the project, what other alternatives can be provided. Greg Sims, 5935 Frontease St. expressed concerns on behalf of the residents in the area regarding the cost and funding of the project; the high vacancy rates; the use of existing buildings for such projects · and Mr. S/rams requested Council deny approval of the proposal. Mr. Larry Robbins, $499 Ontario Avenue, expressed Concerns regarding spar:meat vacancy rates; property taxes and government funding of the projects. Mr. Gary Beck expressed concerns regarding the need for building 100 units when 12 units are required. Anna Picciariello, 5821 Hennepin, inquired whether consideration cotlid be given to tile use of existing vacant apartment buildings for the projects. George Cottage, indicated opposition to the projects and expressed concerns of high vacancy rates in apartment buildings and subsidized housing in the Province. Linda Paul, 5967 Hennepin Crescent, informed that individuals are often isolated in such housing fucilities and suggested they be integrated into the community. grian McKeown, Solicitor, responded to concerns regarding the high vacancy rates in Niagara Falls: ret~rred to taxes on non-profit buildings; maintenance of buildings; and indicated that the issnes raised have been objections not to planning principles but to government policies. Mellssa Kovacevich, Ministry of Housing, advised that the Ministry of Housing snpports the two applications and provided information on the process of identifying the needs of the community. Mr. F. P/ague, claimed everyone should have a home and that homes shoukl be made available to physically challenged individuals. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Applications AM-7/93 and AM-8/93 closed. ORDERED on the motion of Alderman Sherat, seconded by Alderman Hendershot, that Application AM- 7/93 and Application AM-8/93 be voted on separately. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman err, that Council reaffirm its earlier decision of June 14, 1993 to approve Applicat on AM-8/93, Stamtbrd Kiwanis Non-Profit Homes Inc. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman err, that Conncil reaffirm its earlier decision of June 14, 1993 to approve Application AM-7/93, Niagara Falls Y.W.C.A. Non-Profit Housing Corporation. The motion _Carried with the following vote: AYE: Aldermen Cowan, Cummings Craitor, Fisher, Germane, Janvary, Orr, and Punirk NAYE: Aldermen Headershot, Sherat, Susin and Ward. ORDERED on the motion of Alderman Headershot, seconded by Alderman err, that the communications be received and filed. Carried Unanimously. MISCELLANEOUS PLANNING MATTERS PD-93-83 - Chief Administrative Officer - Re: Final Disposition of Hazard Land Zoning; Zoning By- law 79-200~ as amended. The report recommends that Council approve the amending by-law, effucting changes to the Hazard Land zoning to reflect the registered flood lines which have been pending temporary approval granted by thu Ontario Municipal Board since 1980. - AND - Conmtunicalion No. 247, Jean Grandon/. The communication requests permissiou to address Couucil on the matter. Miss Jean Grandon/did not attend the Council meeting. ORDERED on the motion of Alderman Putt/ok, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. ' ORDERED on the motion of Alderman Germane, seconded by Alderman err, that the correspondence be received and filed. Carried Unanimously. ...4 -4- PD-93-91- Chief AdministrativeOfficer - Re: Victoria Avenue Streetscape Improvement. The report recommends the following: That staff be directed to continue to work with the Victoria Avenue Property Owners' Association to develop a Cormnunity Improvement Plan between Roberrs Street and Stanley Avenue; 2. That staff be directed to investigate further funding opportunities including future jobs Ontario Community Action program; 3. That the resolution on tonight's agenda be adopted and sent to Premier Bob Rae, the Honourable Ed Philip, Minister of Municipal Affairs and Margaret Harrington, MPP, Niagara Falls. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See Resolution No. 80 PD-93-92- Chief Administrative Officer - Re: Amendment to an Agreement Between River Realty and The City of Niagara Falls Regarding Part Lot Control for Mount Carmel Subdivision M-201. The report recommends that the Part Lot Control agreement between River Realty Development (1978) Inc. and The Corporation of The City of Niagara Falls be amended to the extent whereby five lots of the original twelve lots proposed for semi-detached dwellings would, as an alternative, permit the development of ten single-detached dwellings. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously, See By-law No. 93-199 REGULAR COUNCIL MEETING ADOPTION OF MINUTES Alderman Craitor requested that the minutes of July 26, 1993 be amended to indicate his conflict of interest on Cheque No. 88470 was becanse he sits on the Board of the Occupational Help and Development Agency as a volunteer. Alderman susiix indicated a pecuniary interest on By-law No. 93-186, because of the close proximity to his residence. Alderman Janvary requested that the minutes be amended to indicate that she voted contrary to .the motion on Communication No. 231, Tourism Organization. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the minutes of the Regular Council meeting of July 26, 1993 be approved as amended, Carried UnanimoUsly. DEPUTATIONS Ontario Municipal Board Derision Concerns were expressed by an individual in attendance with Mr. Aurora regarding lack of representation on behalf of Council at the Ontario Municipal Board hearing; and requested that the · residents he included in the site plan proce.~s and to inform the residents when the process will coralnonce. The City Solicitor provided an update on events that had tran~spired with respect to the Ontario Municipal Board hearing and meetings held with Mr. Antonio Aurora. Mr. Antonio Aurora addressed Council indicating his displeasure with the City's participation and representation at the Ontario Municipal Board Hearing. -5 - The City Solicitor responded to the allegations made by Mr. Aurora and explained staft's participation at the Ontario Municipal Board and the reasoning behind the method by which City staff presented their statements to the Hearing Officer. Communication No. 248 - Mr. Antonio Aurora. The communication expresses concerns regarding Zoning By-law Amendment Application CFile AM-13/92). - AND - Communication No. 249 - Mr. John Broderick, Bredcrick, Martinelli, Anmdio, Sullivan & Rose. Tile communication provides information regarding the Ontario Municipal Board Hearing. - AND - Repiwt L-93-34 - Chief Administrative Officer - Re: Decision of the Ontario Mtmicip;d Bourd Appeal by Cosine Dilollo and Falls Masonry Limited Scott Subdivision; 5088, 5062 & 5046 Drummond Road; File No. 92-C4-096. The report recommends that this report be received and filed for the information of City Council. ORDERED on the motion of Alderman Janv~ry, seconded by Alderman Susin, that the residents permitted to be involved in the site plan process. Carried Unanimously. " ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the correspondence be received and filed. Carried Unanimously. Tree Removal at the War Memorial at Stamford Green Alderman Cummit;gs introduced Mr. Ed Oberlein, a representative of tile Stamford Green Cnmmittee, who provided historical background information on the origins of Stamlbrd Green and responded to the concerns expressed by Mr. E. J. Curm by referring to the minutes of a meeting held on March 29, 1993 regarding the removal of shrubs and evergreens around the Memorial. Mr. Oberlein advised that it was specified in the deed no trees were to be planted around the memorial garden. - AND- Communication No. 250 - Mr. E.J. Curre, 5581 Heritage Drive. The communication expresses concerns regarding the removal of mature trees from the site of the War Memorial at Stamtbrd Green. ORDERED on the motion of Alderman Susin, seconded by Alderman Ward, that a letter be forwarded to Mr. Curre providing him with the information supplied by Mr. Ed Oberlein and further that Council endorses the actions of the Stamford Green Committee. Carried Unanimously. COMMUNICATIONS Communication No. 251 - Ministry of Culture, Tourism and Recreation - Re: 1995 Ontario Winter Games. The communication advises that a grant of $500,00 to the City of Niagara Falls to assist with the operating costs of the 1995 Ontario Winter Games has been approved. ORDERED on the motion of Alderman Headershot, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously Commmlica/ion No. 252 - Ministry of the Environment - Re: Applicatiou front Niagara Waste Systems. The communication advises of Niagara Waste Systems' request to amend their existing certificate of approval to landfill waste in order to allow the Niagara Waste Systems site to receive waste from Kingston and other municipalities. His Worship Mayor Thomson referred to correspondence receivexi from Laidlaw Waste Systems Ltd. respecting an application from Walker Brothers to accept Kingston waste. -6- -7 - Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the residents be invited to attend the appropriate meetings to address the matter. The motion C~arrie4. with Alderman Ward abstaining from the vote on a conflict of interest because he has a business interest and with all others voting in fayour. Communication No. 253 - New york-Ontario Shrine Association - Re: Shrine Parade on October 2, 1993. The communication requests that the City fees for holding a parade be waived. ORDERED on the motion of Alderman Puttick, seconded by Alderman Germane, that fees lbr the full amount of the parade be waived. Carried Unanimously. Communication No. 254 - City of Sarnia - Re: Resolution. The communication requests Council support a resolution objecting to the taxation of insurances and surtax on wages as a method of revenue. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the request be supported. Carried Unanimously. Communication No. 255 - The Corporation of the Town of Niagara-On-The-Lake - Re: Appeal of the Revised Equalized & Weighted Assessment. The communication provides intbrmation regarding an appeal to the Revised Equalized and Weighted Assessment Section 25 (7) of the Regional Municipality of Niagara Act. - ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that the communication be received and filed and further that a report be brought back regarding the appeal process. Carried Unanimously. Communication No. 256 - Correspondence from Margaret Harrington, MPP - Re: Ministry of Transportation funding. 'lhe communication provides information regarding provincial supplementary funding support for various road projeets. ORDERED on the motion of Alderman Shetar, seconded by Alderman Orr, that the correspondence be received and filed. Carried Unanimously. Communication No. 257 - Correspondence from Mr. Robert (Deacon) Brooks - Re: Public Sector Wages. The communication expresses concerns regarding public sector wages. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the communication be referred to Regional Social Services and the Regional Chairman. Carried Unanimously. Communication No. 258 - Correspondence from Mr. Jack Poulin & Mr. Kirk Sorley, The Car Lot - Re: Parking Restriction By-law. The communication expresses concerns regarding Parking Restrictions By-law No. 93-144. ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the matter be referred to Parking and Traffic. Cart'led Unanimously. · Communication No. 259 - The Arthritis Society - Re: proclamation. The communication requests Council proclaim the month of September, 1993 as "Arthritis Month" in the City of Niagara Falls. ORDERED on the motion of Alderman Cowan, seconded by Alderman Fisher, that the request be approved subject to established policy. Carried Unanimously. Communication No. 260 - The United National International Day of Peace - Re: A Peal for Peace. The communication requests that a proclamation be issued, inviting citizens to participate in the minute of silence and moment of sound at noon on September 21, 1993; that the media be utilized to make the observance known prior to September 21, 1993; that civic staff be encouraged to participate in a minute of silence and moment of joyous sound at noon on September 21, 1993; and that local school boards be encouraged to consider participation in the program. . ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the request be approvgd subject to established policy. Carried Unanimousl.y. Communication No. 261 - Niagara District Health Council - Re: Niagara Council on Smoking & Health. The communication requests Council support the efforts of the Niagara Coonoil on Smoking and ltealth (NCOSH) regarding the implementation of legislation which would limit/restrict smoking in public places throughout the City of Niagara Falls and to consider additional by-laws re.specting additional restrictions for smoking in Public Places. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germano, that the rimtier be referred to staff. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that Aidcretan Pottick be appointed as Chairman to the committee restricting smoking in public places. Carried Unanin~onslV. Communication No. 262 - The Corporation of the Town of Geraldton - Re: Support of Candidate. The communication requests support of candidate Michael Power/br the office of the Vice-Presideot of A.M.O. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimously. REPORTS B-93-41 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for June 1993. The report recommends that this report be received and tiled. ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the report be received and tiled. Carried Unanimously. MW-93-'159 - Chief Administrative Officer - Re: Contract No. 93-03; 1993 Hot Mix Asphalt Overlays. The report recommends that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted and that the by-law appearing on tonight's agenda be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining fi'om the vote on a conflict of interest previously noted and with all others voting in thvour. See By-law No. 93-198 MW-93-162 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Comu~ittee Recommendations - July 20, 1993. The report recommends the following: Crime Stoppers - Request for Payment - that Crime Stoppers be re-imbnrsed $100.00 which ti~ey recently paid out for information that resulted in an arrest of an individual attempting to steal money from a parking meter. MW-93-147 - Garner Road. Speed Limit Reduction - 1) that the 60 km/h speed limit zone on Garner Road be extended from 1173m north of Thorold Stone Road to a point 1450m north of Thorold Stone Road; 2) that the Niagara Regional Police carry out strict and frequent entbrcement of the 60 km/h and 80 km/h zone on Garner Road north of Thorold Stone Road. MW-93-148 - Request for Crossing Guards - Weightman Bridge, Chippawn - 1)'that a Crossing Guard not be provided at the intersection of Macklem Road at Portage Road; 2) that the Region of Niagara review the signal timing and phasing and the need to install Pedestriau Signal Heads at the intersection of Main Street and Portage Road. MW-93-149 - Post Road Parking Restriction - 1) that parking be prohibited on the north side of Post Road from Paddock Trail to Preakness Street; 2) that pedestrian advance warning signs (We-7) be installed at the intersection of Post Road at paddock Trail and Post Road at Preakness Street; 3) that the request for sidewalks be forwarded to the Manager of Engineering Services for review. Following some discussion, it was ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that staff be requested to examine the intersection along Thorold Stone Road west of Kalar with particular attention to Beechwood Road..Carried Unanimousl~ ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, thitt the reconnnendations be received and adopted. Carried Unanimously. MW-93-163 = Chief Administrative Officer - Re: Combined Sewer Overflow Abatement Study; Consultant Selection. The report recommends that the City proceed to retain CH2M Hill as the Consultant to undertake the Combined Sewer Overflow Abatement Study at a cost not to exceed $175,000.00 and that the by-law appearing on tonight's agenda 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. 93-203 MW-93-172 - Chief Administrative Officer - Re: jobsOntario. The report recommends that the information be received and filed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the report be received and filed. Carried Unanimously, RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the actions taken on the following maRers by the Municipal Works Committee, earlier this evening, be approved. 1. Adoption of the Minutes of the June 14, 1993 meeting; MW-93-156 - Request from the Rotary Club of Niagara Falls Sunrise for the Waiving of Tipping Fees - that the request for the Waiving of Tipping Fees be approved for the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Festival; MW-93-167 - Concerns - Mr. Bill Black - that the recommendat ons in the Proctor & Redfern letter of July 15, 1993 be approved and that the recommendations be forwarded to Mr. Bill Black in response to his concerns. Alderman Kim Craitor opposed. MW-93-169 - Public Information Session for Garner Road; MW-93-170 - Public Information Session for Judith Avenue and Carman Street; MW-93-171 - Public Information Session for McGlashan Crescent; Hunon Avenue; and Nelson Crescent - that the information contained in Reports MW-93-169; MW-93-170; and MW-93-171 be received and filed. MW-93-168 - Tipping Fee Exemptions and Correspondence received from Sacred Heart Church Requesting the Waiving of Tipping Fees for Dumping of Old Roof Shingles - that the current City Policy for the waiving of Tipping Fees at the Landfill Site be maintained, and that the prohibition of demolition materials free of charge at the land~ll~site be implemented on September 1, 1993 with the proper advertising and signage respecting this matter be provided as soon as possible. Opposed - Aldermen Craitor; Puttick and Shefar. That Mr. Beck's request to have the Tipping Fees waived for disposal of roof shingles at Sacred Heart Church be denied. In Favour - 6; Opposed - 5. Donation Recognition Plaque - that the donation recognition plaque on a Zamboni located at an Arena in Niagara Falls be relocated to the appropriate equipment at the Chippawa Willoughby Memorial Arena. 7. Resolution from the Town of Tillsonburg - that City Council support the Town of Tillsonburg on the use of a large dumpslet for recycling vs the use of a Door-to-Door Pickup Recycling Service. (:i~rried R-93-34 -Chief Administrative Officer - Re: Cremation Garden; Fairview Cemetery. The report recommends that Council authorlz~ staff to begin providing services at the newly created Cremation Garden at Fairview Cemetery. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sheray, that the report be received and adopted. Carried Unanimously. -9 - F-93-35 - Chief Administrative Officer - Re: Municipal Accounts. The rel~ort recommends that the accounts totalling $328,471.94 for the period ending August 2, 1993, and the accounts totalling $5,604,862.42 for the period ending August 9, 1993, be approved by the passing of the by-laws appearing later on the agenda. Further information was provided on Cheque Nos. 88558; 88644; 88718; 88587; 88809. ORDERED on the motion of Alderman Susin, seconded by Alderman Germane, that a further report be brought back on Cheque No. 88565. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cmnmings, that the report be received and adopted. The motion Carried with Alderman Susin voting contrary to Cheque Nos. 88684 and 88690 and with all others voting in fayour. It was moved by Alderman Ward, seconded by Alderman Shefar, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. RATIFIC.ATION OF FINANCE COMMITTEE ACTIONS + ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the following matters by the Finance Committee, earlier this evening, be approved. 1. Adoption of the Minutes of July 26, 1993; Report HR-93-18 - Benefits Renewal 1993-1994 - that Seaboard Life, prorider of Accidental Death and Dismemberment benefits, be retained as our benefit carrier for the period of September 1, 1993 to August 31, 1994; and further that Sun Life Assurance Company of Canada, prorider of Life, Extended Health, Dental and Long Term Disability benefits be retained as our benefit carrier for the pgriod September 1, 1993 to August 31, 1994. Carried Unanimously. b93-35 - Chief Administrative Officer - Re: Fire Fighters' Association Grievance No. 92-05; File No. 93-C3-003. The report recommends that this report be received and filed for the intbrmatioo of the Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. CD-93-38 - Chief Administrative Officer - Re: Monte Carlo Events Limitation. The recommends the tbllowing: 1. That Council adopt a policy respecting the limitation of Multiple Day Monte Carlo events detailed in this report; 2. That the Ministry of Consumer and Commercial Relations, Entertainment Standards Branch be advised of the policy adopted by the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. CD-93-39 - Chief Administrative Officer - Re: Special Occasion Permits: Promenade of the Arts; Willoughby Volunteer Fire Dept. Concert Fund Raiser. The report recommends that Council indicate it has not objection to the issuance of Special Occasion Permits to the organizationi listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. - 10 - CD-93-40 - Chief Administrative Officer - Re: Fire Lane; 6767 Thorold Stone Road. The report recommends that Council approve the By-law appearing on tonight's agenda authorizing the establishment of a Fire Lane route for the property at 6767 Thorold Stone Road (Summerlea Acres). ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 93-197 - 11 - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby petitions Ed Philip, the Minister of Municipal Affairs to have the application considered tbr fiinding, should one of the allocated projects not proceed or be considered for future t'unding under tile jobsOntario Community Action program and the Honourable Bob Rap, Premier of tile Proviuce of Ontario and Margaret Harrington, MPP, Niagara Falls, be so notified. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the actions taken on the following matters by the Committee of the Whole, earlier this evening, be approved. 1. Approval of the temporary closure of unopened road allowance on Willoughby Drive for TransCanada Pipelines; 2. Direction given to the City Solicitor regarding a personnel matter; 3. That the City Solicitor be authorized to resolve a legal matter regarding Stevensville Lawn Services. The motion Carri~ with Alderman Susin abstaining from the vote on a conflict of interest on Item #1 TramCanada Pipelines matter and with all others voting in fayour. RESOLUTIONS NO. 77 - PUTTICK - JANVARY - RESOLVED THAT WHEREAS the Ontario Home Renewal Program was introduced in 1974 to assist homeowners in undertaking necessary repairs to their housing units; AND WHEREAS 475 homeowners in Niagara Falls have made use of $1,740,125.00 in loans for this purpose; AND WHEREAS the Ontario Home Renewal Program has provided not only necessary home repairs but employment for contractors; AND WHEREAS the Province has recently annooneed the jobsOntario Program which among other things would provide employment for the construction industry; THEREFORE BE IT RESOLVED, that the Province of Ontario be requested to reconsider the abandonment of the Ontario Home Renewal Program which assisted in undertaking necessary repairs to the existing housing stock and employment in the e construction industry. AND the Seal of the Corporation be hereto affixed. Carried Unanimously, NO. 78 - SUSIN - JANVARY - RESOLVED THAT WHEREAS inexpensive Canadian Natural Gas is being exported to the United States for use in co-generation facilities to produce cheap electricity; AND WHEREAS co-generation facilities in the United States are operated by the private sector on a competitive basis; AND WHEREAS a major portion of the cost of the natural gas pipelines conveying this gas to the United States is ultimately borne by the Canadian Consumer; THEREFORE BE IT RESOLVED, that the Corporation of the City of Niagara Falls requests the Province of Ontario to allow the privatization of generating facilities to allow them to compete on an equal basis. AND the Seal of the Corporation be hereto affixed, Carried Unanimously. NO. 79 - HENDERSHOT - SHERAR - WHEREAS the City has learned the application to the Ministry of Municipal Affairs under the 93~94 Program for Renewal, Improvement, Development and Economics Revitalization (PRIDE) to upgrade and improve the Victoria Avanue/Ferry Street tourist area from Roberrs Street to Stanley Avenue was not successful and that funding is not forthcoming; AND WHEREAS funding would stimulate re-investment in Niagara Falls' tourist industry which creates one and one half jobs in industries indirectly related to tourism throughout the Province for every one tourist- centered job generated in the City; AND WHEREAS there is community support,for this project and the Victoria Avenue Property Owners' Association have indicated a willingness to participate financially in this improvement project; ...11 NO. 80 - FISHER - HENDERSHOT - RESOLVED THAT WHEREAS the area in tile City of Niagara Falls at Victoria Avenue from Ferry Street to Roberrs Street attracts tourists and thereby creates jobs and business opportunities for the people and the businesses in the City; AND WHEREAS the improveinput of the Victoria Avenue tourist area will create jobs during its construction, at a time of economic recession in the City of Niagara, and will encourage more tourists to visit the City opon its completkm, thereby creating further employment and business opportunities in the City; AND WHEREAS the improvement of the Victoria Avenue tourist area shall be beneficial to the small businesses in the City of Niagara Falls; AND WHEREAS Council for the City of Niagara Falls is planning to implement the improvement of the Victoria Avenue tourist area; AND WHEREAS on 12 July 1993, Coonoil tbr. the City of Niagara Falls passed a Resolution, authorizing the City to apply to the Ontario Ministry oP Municipal, Affa rs for funding under the 1993/94 PRIDE Project in the amot nt of $2 10,000~towards the costs of a $630,000.00 Community Improvement Project for the Victoria Avenoe tourist area; AND WHEREAS the City of Niagara Falls has made the said application to the Ontario Ministry of Municipal Aft~irs tbr the aforementioned funding and was denies the funding; AND WHEREAS the Govermnent of Canada and the Ministry Responsible for Small Businesses may have funding available for the costs of improving the Victoria Avenue tourist area; NOW THEREFORE BE IT RESOLVED THAT the Honourable Mr. Rob Nicholson, the Minister of Science and the Minister responsible tbr Small Bnsinesses, be petitioned by the City of Niagara Falls t~r the funding required to improve the Victoria tourist area; AND the Seal of the Corporation be hereto affixed. Carrier Unanilnotlsl¥. NO. 81 - ORR - GERMANn - RESOLVED THAT the mandate to the Social Planning Council re the evaluation of services provided by those organizations receiving City grants be expanded to inclnde those organizations providing similar services, to the tit zens of Niagara Falls, who do not directly receive City grants. This information to be used to determine any duplication of services and possible subseqnent funding in budget deliberations. AND the Seal of the Corporation be hereto affixed. Carried Unanimmlsly. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 93-168 A by-law to amend By-law No. 79-200, as amended (AM-7/93, N.F.Y.M.C.A., Non-Profit Homes Corp.) 93-169 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control (AM-7/93). 93-170 A by-law to amend By-law No. 79-200, as amended. (AM-8/93, Stamford Kiwanis Non-Profit Homes Inc.). 93-171 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control. (AM-8/93). - 12 - 93-193 93-194 93-195 93-196 93-197 93-198 93-199 93-200 93-201 93-202 93-203 Deferred A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Speed Limits on Highways). A by-law to amend By-law No. 79-200, as amended. A by-law to amend By-law No. 80-114, as amended, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. A by-law to authorize the execution of an agreement with Norjohn Limited respecting 1993 hot mix asphalt overlays. A by-law to authorize an amending agreement with River Road Development (1978) Inc. A by-law to authorize monies for General Purposes (August 02, 1993). A by-law to authorize monies for General Purposes (August 09, 1993). A by-law to authorize the execution of an agreement with C.C. Parker Consultants Limited respecting a Municipal Bridge Appraisal Update. A by-law to authorize the execution of an agreement with CH2M HILL Engineering Ltd. respecting a Combined Sewer Overflow Abatement Study. The motion Carried with Alderman Janvary abstaining from the vote on By-law No. 93-198 on aconfiict of interest previously recorded; Alderman err abstaining from the vote on By-law No. 93-200 on a conflict of interest previously recorded; Aldermen Craitor and Cowan, abstaining from the vote on By- law No. 93-201 on conflicts of interest previously recorded and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 93-168 A by-law to amend By-law No. 79-200, as amended (AM-7/93, N.F.Y.M.C.A., Non-Profit Homes Corp.) 93-169 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control (AM-7/9~3). 93-170 A by-law to amend By-law No. 79-200, as amended. (AM-8/93, Stamford Kiwanis Non-Profit Homes Inc.). 93-171 93-193 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control. (AM-8/93). Deferred 93-194 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 93-195 A by-law to amend By-law No. 89-2000, being a .by-law to regulate parking and traffic on. City Roads (Spe~xl Limits on Highways). 93-196 A by-law to amend By-law No. 79-200, as amended. 93-197 A by-law to amend By-law No. 80-114, as amended, being a by-law to designate private roadways as .fire routes along which no parking of whielas shall be permitted. - 13 - 93-198 A by-law to authorize the execution of an agreement with Norjoho Limited respecting 1993 hot mix asphalt overlays. 93-199 A by-law to authorize an amending agreement with River Road Development (1978) Inc. 93-200 A by-law to authorize monies for General Purposes (August 02, 1993). 93-201 A by-law to authorize monies for General Purposes (August 09, 1993). 93-202 A by-law to authorize the execution of an agreement with C.C. Parker Consultants Limited respecting a Municipal Bridge Appraisal Update. 93-203 A by-law to authorize the execution of an agreement with CH2M HILL Engineering Ltd. respecting a Combined Sewer Overflow Abatement Study. The motion Carried with Alderman Janvary abstaining f~om the vote on By-law No. 93-198 on a conflict of interest previously recorded; Alderman err abstaining from the vote on By-law No. 93-200 on a conflict of interest previously recorded; Aldermen Craitor and Cowan, abstaining fron~ the vote on By- law No. 93-201 on conflicts of interest previously recorded and with all others voting in tiivour. NEW BUSINESS Casinos His Worship Mayor Thomson referred to correspondence from the Standing Committee on Finance and Economic Affairs regarding Hearings on Bill 8, respecting the operation of casinos, to be hekl in Windsor, Sault Ste. Marie, Ottawa, Niagara Falls and Toronto in late August and early September. Local Heads of Council His Worship Mayor Thomson referred to correspondence from Mayor Claudette Cain, Mayor of Gloucester indicating that the Minister of Municipal Affairs had introduced legislation fbr Regional Reform in Ottawa-Carleton area to remove local Heads of Council from Regional Cormell. Mayor Thomson requested Council's support in advising AMO of Council's opposition to the proposed legislation. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cumnfings, to proceed in advising the Association of Municipalities of Ontario of Council's opposition to the proposed legislatiou. Carried Unanimously, Congratulations His Worship Mayor Thomson complemented and congratulated Alderman Shirley Fisher and her committee for their tremendous effort and work put into the Chippaws/Willoughby Memorial Arena dedication ceremonies and festivities. Social Planning Council Alderman Orr referred to correspondence received from Mr. Chris Biasttcci respecting grants to the Social Planning Council and discussed the Social Planning Council's mandate. ORDERED on the motion of Alderman Orr, seconded by Alderman Germane, ,that a resolution be prepared to expand the mandate to the Social Planning Council to include those organizations providing similar service,s, to the citizens of Niagara Falls, who do not directly receive City grants, in order to identify any duplication of services. Carried Unanimously. - 14 - Truck Traffic on Woodland Blvd. Alderman Hendershot requested further information on the matter of truck traffic on Woodland BIrd. The City Solicitor provided an update and indicated that the matter is still under consideration by the Courts. Letter of Congratulations Alderman Fisher requested that a letter of congratulations be forwarded to Marena Wais, five years old, who had recently received a World medal for placing 7th at the Baton Competitions in Indiana, U.S.A. The Director of Parks and Recreations informed he would look into the matter. Award for Heroism Alderman Fisher requested that Mr. Thomas Villeneuve, an employee of the Best Western Hotel be recognized for his heroic act in rescuing a hotel guest from a near drowning on August 4, 1993. The Fire Chief advised he would look into the matter respecting an appropriate award. Letter of Condolence ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that a letter of condolence be forwarded to the family of the late Gary MacGillivray. Carried Unanimonsly. Heavy Trucks on High Street Alderman Sherat requested further information regarding heavy truck traffic on High Street. The City Solicitor advised that only the police can enforce the law regarding the matter. Junior A and Junior B Hockey Clubs Alderman Craitor discussed the matter of the hockey clubs affiliating with Port Colborne. Alderman Cummings advised that an agreement had already been signed. Alderman Craitor requested that a meeting be scheduled with Mayor Thomson, Mr. Sacco, Mr. Hall and himself to clarify the matter. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously, READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-FIFrlt MEETING COMMITTEE OF THE WHOLE Comnlittee Room # 1 August 30, 1993 Council met on Monday, August 30, 1993 at 4:30 p.m. in Committee of tile Whole. All members of Council were present. Alderman Germano presided as Chairulan. Following consideration of the items presented, the Committee of tile Whole arose to report in open session. READ AND ADOPTED, · ............. MAYOR WAYNE THOMSON SPECIAL COUNCIL MEETING Council met on Monday, August 30, 1993 at 5:10 p.ln. tbr the purpose of considering Council Bnsiness as outlined in the Notice of Meeting. All members of Council were present. Alderman Ward ofli~'red the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the Minutes of tile Planning Meeting of August 9, 1993 be adopted as printed. Carried Unanimm~sly. DISCLOSURES OF PECUNIARY INTERESTS Alderman Cowan indicated a pecuniary interest on Report F-93-36, Cheque No. 89237 because the recipient is his employer and indicated a peenniary interest on Cmnmunication No. 263, because employer is involved. Alderman Cummings indicated a pecuniary interest on Report F-93-36, Cheque No. 88835, becanse the recipient is his employer; and on Cheque No. 89014, because his wife is etnployed by the organization. Alderman Craitor indicated a pecuniary interest on Report F-93-36, Cheqt~e Nos. 88942, 89169, 89301 because his wife is employed by the Region; and on Cheque No. 89286, becaase he.is a voluuteer of the organization. Alderman Hendershot indicated a pecuniary interest on Report MW-93-175, Resolutio,~ No. 83 and By-law No. 93-204, because it peRaim to the street on which he lives. Alderman Sherar indicated a pecuniary interest on Report F-93-36, Cheque No. 88835, because the recipient is his employer. Alderman Ward indicated a pecuniary interest on Report F-93-36, Cheque Nos. 89165 and 89183 because he is a shareholde- in the company. Cnnt!rutulatlons Alderman Shirley Fisher congratulated Alderman Bruce Cowan on behalf uf the members of Council on his recent appointment as Inspector to the Niagara Falls Hmnane Society. ,,.2 -2- COMMUNICATIONS Communication No. 263 - Niagara Falls Humane Society - Re: Rabies Clinic on September 11, 1993 at the Chippawa Memorial Arena. The communication requests that the rental fee associated with the use of the arena be waived. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the fees associated with the use of the arena be waived. The motion Carried with Alderman Cowan abstaining from the vote on a conflict of interest previously noted and with all others voting in thvour. Communication No. 264 - Niagara Falls Public Library - Re: Lease Renewal. The communication advises Council of a lease renewal for Stamford Branch in the Town & Country Plaza. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the communication be received and flied. Carried Unanimously, REPORTS B-93-45 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for July 1993. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and filed, Carried Unanimously. MW-93-174 - Chief Administrative Officer - Re: Garner Road Neighbourhood Master Drainage Plan. The report recommends that the City retain the firm of Philips Planning & Engineering Limited as the Consultant to undertake the Warren Creek Watershed Master Plan at a cost not to exceed $100,000.00, and that the by-law appearing on tonight's agenda be approved.. ORDERED on the motion of Alderman Craitor, 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 because Acres was involved and with all others voting in favour. See By-law No. 93-209 MW-93-175 - Chief Administrative Officer - Re: Contract 93-109; Storm Sewer and Road Reconstruction on Willtams Street and Perkins Street; Storm Sewers on Garner Road and Sanitary Sewer on High Street. The report recommends that the unit prices submitted by the low tendereL Volsci Construction Co. Inc., be accepted and the by-law be passed. ORDERED on the motion of Alderman Germano, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with A, lderman Hendershot abstaining from the vote on a conflict of interest previously recorded and with all others voting in favour. See By-law No. 93-204 See Resolution No. 83 MW-93-176 - Chief Administrative Officer - Re: Contract 93-114 & 93-115 Phase 1I; Storm Sewer & Road Rehabilitation on Judith Avenue and Carman Street and Watermain on Leader Lane. The report recommends that the unit prices submitted by the low tendeter, Condolts Construction Ltd., be accepted and the by-law be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the second lowest tender be accepted. The motion was Defeatex! with the followipg vote: AYE: Aldermen Cummings, Fisher and Handershot. NAYE: Aldermen Cowan, Craitor, Germano, Janvary, Off, Puttick, Sherat, Susin, and Ward. ORDERED on the motion of Alderman Cowan, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Craitor, Germano, Janvary, Orr, Puttick, Sherar, Susin and Ward. NAYE: Aldermen Cummings, Fisher and Hendarshot. -3 - Following some discussion, it was ORDERED on the motion of Alderman Hendersbot, seconded by Alderman Cowan, that the Director of Municipal Works bring back a report with further inlbmmtion respecting the awarding oftenders. Carriexl Unanimousl_~. .See By-law Nn. 93-205 See Resohltion No. 84 1%1W-93-178 - Chief Administrative Officer - Re: Contract 93-108, Phase I; Road & Undergrotmd Reconstruction on McGlashan Crescent; Hutton Avenue & Nelson Crescent. The report recommends that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd. be accepted and tile by-law be passed, subject to: a) the by-law regarding the Public Notice being approved at tile September 13, 1993 Council Meeting. ORDERED on the motion of Alderman Craitor, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. .See By-la;v No. 93-214 See Resolution No. 85~ MVq-93-179 - Chief Administrative Officer - Re: Lease of Recycliog Trnck tu Niagara Recyclii~g, Update Report. The report recommends that the by-law to authorize the lease of the recycling truck tu Niagara Recycling be approved. During the discussion. concerns were expressed regarding internal costs vs real costs; overtime; and the term of the lease. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that tile report be received and adopted and further that the lease be authorized until March, 1994. The motion _Carried with Aldermen Craitor, Orr and Susin voting cop:,'ary to the motion and with all others voting in favoor. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Aklerman Susin, that the Chief Administrative Officer obtain an appropriate review of the terms of the lease. The motion Carri._~ with Aldermen Cowan and Hendershot voting contrary to the motion and with all others voting in fayour. .See By-law No. 93-193 MW-93-181 - Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Comtninee Recommendations - Augost 17, 1993. The report recommends the tbllowing: 1. MW-93-164 - Municipal Lot #14, Lundy's Lane Review of Paid Parking - that the Pay & Display Machine be removed and four parking meters be installed at the front of the parking lot with a two hour maximum time limit and the rest of the parking lot be maintained as free parking; 2. MW-93-158 - All Way Stop Request Heximer Avenue at Churchill Street - that an All Way Stop Control be installed at the intersection of Heximer Avenue and Churchill Street; 3. MW-93-157 - Intersection Stop Controls Dunn Street at Waters Avenue - that an All Way Stop be installed at the intersection of Dunn Street and Waters Avenue. 4. MW-93-165 - Traffic Operations Review - Olden Avenue - I) That All Way Stop Controls be installed at the intersections ofOlden Avenue at Scholfield Road and Olden Avcooe at Green Boughs Road; 2) That the existing yield controls be replaced with stop controls at the lbllowing intersectious: Olden Avenue at Casey Street - Southbound; Westfield Drive at Olden Avenue - Easthound; 3) That Playground Advance signs be installed in the Northbound and Southbound directions on Olden Avenue for the park adjacent to the hydro right-of-way located between Scholfield Road and Edenwood Court; 4) That a parking restriction be implemented on the East skle of Oldeu Avenue from Green Boughs Road to a point 45m South. ...4 -4 - ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. R-93-35 - Chairperson, Recreation Commission - Re: Mitchelson Park "Home fur Soccer" Redevelopment Masterplan. The report recommends the following: 1. That Council approve the Mitchelson Park "Home For Soccer" Masterplan dated July, 1993; 2. That Council authorize staff to negotiate Licenee Agreements with the Separate School Board and Ontario Hydro for the lands affected by the Mitchelson park Masterplan; 3. That Council authorize staff to prepare the tender documents for Phase I works. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously· R-93-36 - Chief Administrative Officer - Re: Sound System Stamford/Jack Bell Arenas· The report recommends that K.D.M. Electronics Ltd. be contracted to design, supply and install a sound system for the Stamford/Jack Bell Arenas in September, 1993 with payment deferred to January 7, 1994. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD-93-89 - Chief Administrative Officer - Re: Draft Plan of Subdivision 26T-89039 Revised Design The Katharina Plan. The report recommends the following: 1. That Council support the revisions to the draft approval Katharina Plan of Subdivision to eliminate 8 of the 21 lots for semi-detached dwellings and replace them with 12 lots for detached dwellings; 2. That the Regional Planning and Development Department be so advised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-93-94 - Chief Administrative Officer - Re: Canadian Institute of Planners Confercoco. The report recommends that Council receive and file this report for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and filed for the information of Council. Carried Unanimously, HR-93-15 - Chief Administrative Officer - Re: Empldyee Recognition Night. The report recommends that.Council authorize an Employee Recognition Night to be held on November 6, 1993 and as well, an expenditure of $2,500 towards operating costs. ORDERED on the motion of Alderman Susin, seconded by Alderman Germane, that the report be received and adopted. Carried Unanimously. HR-93-20 - Chief Administrative Officer - Re: Appointment of Director of Finance. The report recommends that the by-law appearing on tonight's agenda appointing Paul R. Jacques to the position of City Treasurer and Director of Finance effective September 1, 1993 be passed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Aldermen err and Craitor voting contrary to the motion and with all others voting in favour. See By-law No. 93-210 F-93-36 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $500,143.23 for the period ending August 16, 1993; the accounts totalling $366,007.40 for the period ending August 23, 1993; and the accounts totalling $1,985,719.49 for the period ending August 30, 1993, be approved I~y the passing of th~ by-laws appearing later on the agenda. -5 - Additional information was provided on Cheque Nos. 88848; 88858; 88887; 88909; 88932; 88945; 89073; 89223; 89284; 89319. Alderman Germane requested further infi~rmation regarding mileage charges. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously.~ See By-taw N~. 93-217 See By-law No. 93-218 See By-law No. 93-219 Maynr's Report - Re: "Wayne~s Hotline" - Maclean Hunter Channel 10; Hmue-in Television Program. The report provides information regarding participation in a monthly live television phone-in program hosted by the Mayor. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Conratings, that the report he received and tiled. Carried Unanimously. Mayor's Report - Re: Maintenance of Berm between Dorchester Place attd Sonthgate Avenue. 'Tile report provides information and a petition headed by D.L. Freeman regarding tile condition, of the berm between Dorchester Place and Southgate Avenue· Mark Hopkins, a representative from Shabri Properties indicated that he would be available to members of Council and staff to discuss the matter. ORDERED on the motion of Alderman Sus/n, seconded by Alderman Cowan, that tile ma~ter be referred to staff and further that Mr. Hopkins participate in the meetings. Carried l. Jnanimously, L-93-40 - Chief Administrative Officer - Re: Disposal of Part of Unopened Road Allowance; Bossert Road; File No. 93-A7-123. The report recommends that Council anthorize staff to proceed with the closing and sale of an unopened road allowance between Lots 8 and 9 in Concession 2 in the t~rmer Township of Willoughby designated as parts 18 to 22 inclusive on Retirenee Plan 59R-8504 to TransCanada Pipelines Limited. The said lands to be sold t~3r the appraised value of $6,375.00 phts all legal and surveying costs where applicable. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that tile report be received and adopted. _Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE MATTERS The Chief Administrative eraleer discussed the Organizational Review processes, Phase I and Phase ll; and indicated that there would be a net cost savings of $350,000 in Phase 1; and a net annual saving of $412,000 in Phase II, with a combined annual cost savings of $762,000. The Chief Administrative Officer advised that Council, in Committee of tbe Whole, had dealt with these matters on a departmental basis and wished to have the votes taken in the same manner and proceeded to provide the following recommendations: Bnilding & Inspections Department The Director of Buildings, Inspections & Special Assignments, Murray Johnston, to retire and receive a Right Size Incentive under the City's Right Size Incentive Program; that the position of Director of Buildings, Inspections & Special Assignments to be eliminated; The Deputy Director of Buildings & Inspections, George Anderson, to retire and receive a Right Size Incentive under the City's Right Size Incentive Prograin; that the position of Deputy Director of Buildings & Inspections to he eliminated; ...6 -6- The Executive Secretary to the Director of Buildings, Inspections & Special Assignments, Sheena Harris, to retire and receive a Right Size Incentive under the City's Right Size Incentive Program; that the position of Executive Secretary to the Director of Buildings, Inspections & Special Assignments to be eliminated; That Mel Brown be appointed to the position of Chief Building Official reporting to the Director of Municipal Works; That Tom Mussari be appointed to the position of Manager of Properties reporting to the Chief Building Official; ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the recommendations be received and adopted. Carried Unanimously. The Chief Administrative Officer advised that a further report will be presented to City Council prior to the end of the year respecting the review of other functions and responsibilities in the Buildings & Inspections Department. Fire Department ORDERED on the motion of Alderman Cummings, seconded hy Alderman Ward, that Fire Chief, David Kemp, to retire and receive a Right Size Incentive under the City's Right Size Incentive Program. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that Peter Cotfield be appointed to the position of Fire Chief. The motion Carried with Alderman err voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that the position of Deputy Fire Chief be eliminated. Carried Unanimously. Mnnicipal Works Department ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, to eliminate the position of Manager of Senior Projects and restructure Projects Division. Carried Unanimously, The Chief Administrative Officer advised that the position has be~n vacant for a period of time. I hrks & Recreation Department ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, to create the position of Director of Community Services and that John MacDonald be appointed to the position. The motion Carried with the following vote: AYE: Aldermen Cummings, Hendershot, Janvary, Puttick, Sharar, Susin and Ward. NAYE: Aldermen Cowan, Cruller, Fisher, Germane and err. The Chief Administrative Officer indicated that as a consequence of the proposed reduction of management positions in the Fire Department and the reduction of management positions in the Engineering Department in Phase I and in Phase II of the Organizational Review together with the shift of additional responsibilities from the Building Department to the Engineering Department, it is felt that this new position is required to support management services in these departments. The Fire Chief, Director of Municipal Works and Manager of Parks & Recreation will report to the Director of Community Services; and that Secretarial services will be provided for this position out of existing complement. -7 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, to create the positim~ of Manager of Parks & Recreation and appoint Laura Graham to the position. The motion Carriex with the following vote: AYE: Aldermen Cummings, Hendershot, Janvary, Puttick, Sherat, Susin and Ward. NAYE: Aldermen Cowan, Craitor, Fisher, Germane and Off. ORDERED on the motion of Alderman Ward, seconded by Alderman Shetar, to eliminate the positions of Director of Parks & Recreation and Deputy Director of Parks & Recreation. The motion Carried with the following vote: AYE: Aldermen Cummings, Craitor, Hendershot, Janvary, Puttick, Shetar, Susin anti Ward. NAYE: Aldermen Cowan, Fisher, Germane and err. Planning & Development Department ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot to elbninate the position of Assistant Planner. Carried Unanimously. ' The C. hief Administrative Officer indicated that this position has been vacant for a period of time. Legal Department ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, to eliminate the part-time secretary's position. Carried Unanimously. Finance Department TO eliminate the Systems Co-Ordinator position; To create a part-time contract position, Applications Co-ordinamr, and appoint Cathy Anello to the position; To create a full-time contract position, Network Administrator, and appoint Steve Norris to the position; ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the recommendations be received and adopted. Carried Unanimm~sly. The Chief Administrative Officer advised that both contracts expire December 31, 1994. Economic Development Agency Alderman Craitor indicated that in any discussions between the City and the Economic Development Agency, the City should make it clear that the Economic Development Agency will be part of a department at City Hall and that the Board is to be retained as an advisory Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the City enter into discussions with the Economic Development Agency Board prior to the completion of its present term regarding the take over of this function within the City Administration with the maintenance of a Public Advisory Board. Carried Unanimously. Human R~ources Department To eliminate the Director of Human Resources position; To eliminate the General Clerk position; -8- -9- To create the Manager of Human Resources position to be filled in the future; To maintain the Compensation Administrator position until the position of Manager of Human Resources is filled. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the recommendations be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cummings, Fisher, Germane, Hendershot, Puttick, Sherat, Susin and Ward. NAYE: Aldermen Cowan, Craitor, Janvary and Orr. The Chief Administrative Officer thanked Mr. Tony Rayends thr his efforts in the Organizational Review and the cost savings to the municipality. RESOLIYHONS NO. 83 - WARD - CRAITOR - RESOLVED THAT the unit prices submitted by the low tendeter, Volsci Construction Co. Inc., for Contract 93-109 - Storm Sewer and Road Reconstruction on Williams Street and Perkins Street; Storm Sewers on Garner Road and Sanitary Sewer on High Street, at the tow tendered amount of $191,753.32, be accepted; AND the Seal of the Corporation he hereto affixed. The motion Carried with Alderman Hendershnt abstaining from the vote on a rend ict of interest and with all others voting in layout. NO. 84 - WARD - CRAITOR - RESOLVED THAT the unit prices submiRed by the low tenderer, CondoRs Construction Ltd., for Contract 93-1114 and 93-115 - Storm Sewer and Road Rehabilitation on Judith Avenue and Carman Street and Watermain on Leader Lane, at the low tentlered amount of $222,349.17, be accepted; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Cummings and Fisher voting contrary to the motion and with all others voting in fayour. NO. 85 - WARD - CRAITOR - RESOLVED THAT the unit prices submitted by the low tendarer, V. Gibbons Contracting Ltd., for Contract 93-108 - Road & Underground Reconstruction on McGlashan Crescent, HuRon Avenue, and Nelson Crescent, at the low tendered mount of $361,364.52, be accepted; AIgD the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS 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: 93-193 A by-law to authorize the execution of an agreement with Niagara Employment Agency Inc. respecting the lease of a recycling truck. 93-204 A by-law to authorize the execution of an agreement with Volsci Construction Co. Inc. respecting storm sewers, road rehabilitation and sanitar:' sewers. 93-205 A by-law to authorize the execution of an agreement with Condelta Construction Limited respecting storm sewer & road rehabilitation on Judith Avenue and Carman Street and watermain on Leader Lane. 93-206 A by-law to amend Schedule 13 of By-law No. 76-102, as arecoded, being a Schedule respecting the issuance of licences for hawkers and ped/ars. 93-207 A by-law to amend By-law No. 79-200, as amended. (AM-9/93, J. Ashby, 8550 Willoughby Drive.) 93-208 A by-law to amend Byqaw No. 79-200, as amended (AM-10/93, Patit Taylor, 3965 Main St.) 93-209 A by-law to authorize the execution of an agreement with Philips Planning attd Eugineering Ltd. respecting a Watershed Master Plan for Warren Creek. 93-210 A by-law to appoint Paul Roger Jacques Director of Finance, City Treasnrer and Tax Collector. 93-211 A by-law to authorize an employment agreement with Catherine Anello. 93-212 A by-law to authorize an employment agreement with Stephen Norris. 93-213 A by-law to authorize the execution of an agreement with Delcan Corporation respecting a Feasibility Study for the Opening of Bender Hill. ~ 93-214 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. respecting Road & Underground Reconstruction on McGlashan Crescent, Hotton Avenue and Nelson Crescent. 93-215 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking, Olden Ave./Greensbough Rd.) 93-216 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs, Yield Signs, through Highways). 93-217 A by-law to authorize monies for General Purposes (August 16, 1993). 93-218 A by-law to authorize monies for General Purposes (August 23, 1993). 93-219 A by-law to authorize monies for General Purposes (August 30, 1993). The motion Carried with Aldermen err and Susin voting contrary to By-law No. 93-193; Aldermen err and Craitor voting contrary to By-law No. 93-210; Alderman Hendershot abstaining from the vote on By- law No. 93-204 on a conflict of interest previously noted; Aldermen Fisher and Cummings voting contrary to By-law No. 93-205; Alderman Cowan abstained from the vote on By-law No. 93-219 on a conflict of interest previously noted; Aldermen Cummings and Shetar abstained from the vote on By-law 93-217 on conflicts of interest previously noted; Alderman Cummings abstaining from the vote on By-law No. 93-218 on a conflict of interest previously noted; Alderman Craitor abstaining from the vote on By- law Nos. 93-217 and 93-219 on conflicts of interest previously noted; and Alderman Ward abstaioing from the vote on By-law No. 93-219 on conflicts of interest previonsly noted and with all others voting in fayour. ' ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the follo~ving by- laws be now read a second and third time: 93-193 A by-law to authorize the execution of an agreement with Niagara Entployntent Agency hie. respecting the lease of a recycling truck. 93-204 A by-law to authorize the execution of an agreement with Volsci Construction Co. Inc. respecting storm sewers, road rehabilitation and sanitary sewers. 93-205 A by-law to authorize the execution of an agreement with CondoRs Constrnction Limited respecting storm sewer & road rehabilitation on Judith Avenue and Cartnan Street and watermain on Leader Lane. 93-206 93-207 93-208 93-209 93-210 93-211 93-212 93-213 93-214 - 10 - A by-law to amend Schedule 13 of By-law No. 76-102, as amended, being a Schedule respecting the issuance of liecoces for hawkers and pedlars. A by-law to amend By-law No. 79-200, as amended. (AM-9/93, J. Ashby, 8550 Willoughby Drive.) A by-law to amend By-law No. 79-200, as amended (AMd0/93, Paul Taylor, 3965 Main St.) A by-law to authorize the execution of an agreement with Philips Planning and Engineering Ltd. respecting a Watershed Master Plan for Warren Creek. A by-law to appoint Paul Roger Jacques Director of Finance, City Treasurer and Tax Collector. A by-law to authorize an employment agreement with Catherine Anello. A by-law to authorize an employment agreement with Stephen Norris. A by4aw to authorize the execution of an agreement with Delcan Corporation respecting a Feasibility Study for the Opening of Bender Hill. A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. respecting Road & Underground Reconstruction on McGlashan Crescent, Hutton Avenue and Nelson Crescent. 93-215 93-216 93-217 93-218 93-219 A by-law to amend By-law No. 89-2000, being a by-hw to regulate parking and traffic on City Roads. (Parking, Olden Ave./Greensbough Rd.) A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs, Yield Signs, through Highways). A by-law to authorize monies for General Purposes (August 16, t993). A by-law to authorize monies for General Purposes (August 23, 1993). A by-law to authorize monies for General Purposes (August 30, 1993). The motion C~rri.ed w th Aldermen Orr and Susin voting contrary to By-law No. 93-193; Aldermen Orr and Craitor voting contrary to By-law No. 93-210; Alderman Hendershot abstaining from the vote on By- law No, 93-204 on a conflict of interest previously noted; Aldermen Fisher and Cummings voting contrary to By-law No. 93-205; Alderman Cowan abstained from the vote on By-law No. 93-219 on a conflict of interest previously noted; Aldermen Cummings and Shetar abstained from the vote on By-law 93-217 on conflicts of interest previously noted; Alderman Cummings abstaining from the vote on By-law No. 93-218 on a conflict of interest previously noted; Alderman Craitor abstaining from the vote on By- law Nos. 93-217 and 93-219 on conflicts of interest previously noted; and Alderman Ward abstaining from the vote on By-law No. 93-219 on conflicts of interest previously noted and with all others voting in fayour. NEW BUSINESS Letters of Condolence ORDERED on the motion of Alderman Janvary, seconded by' Alderman Hendershot, that a letter of condolence be forwarded to tho family of Ken Heaslip on the recent loss of their son, Nathan Andrew, Carried Unanimously, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Hazen MeAndrew, a well-known hockey player, and prominent citizen of Niagara Falls. Carri~ Unanimously. - 11 ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that a letter of condolence be tbrwarded to the family of the late Joseph Charlebois, a past president of the Niagara Falls Htnuane Society and veteran of the Second World War. Carried Unaninmusly._ Letter of Con~,ratulations ORDERED on the motion of Alderman Craitor, seconded by Alderman Sherat, that a letter of congratulations be forward from the Mayor's office to Mr. Richard Bell, Presideut or' the GNBA; and Mr. Wayne Burdon, Convenor of the Canadian Bantam Championship Tournament, on the occasion of the Canadian Bantam Championships. Carried Unanimously. Alternate Landfill Sites Alderman Cowan provided information on his attendance, at a recent n~eeting in Trentou involving tbrty communities who are trying to locate alternate landfill sites and advised of the formation of a coalition in an attempt to co-ordinate efforts in this regard. Alderman Cowan referred to and provided correspondence to the Director of Mnui, cipal Workl regarding. the process of material being recycled and becoming marketable material. Drowniw, Fatalities Alderman Fisher expressed concerns on the drowning fatalities which had occurred at Dufferin Island and in Chippawa and requested that the matter of placing lifegnards in the areas be cousidered. ORDERED on the motion of Alderman Fisher, seconded by Alderman Germano, that the matter tie reti,'rred to the Niagara Parks Commission. Carried Unanimously. His Worship Mayor Thomson referred to correspondence frotn Mr. William James Boutliter, Chairman, Water Patrol Committee - St. John Ambulance, requesting fends in the amount of $1,600 be provided in order to keep the boat patrol services open until September 6, 1993, being the end of the 1993 season. ORDERED on the motion of Alderman Puttick, seconded by Alderman Germano, that fimds in the amount of $1,600 be provided in order to keep the boat patrol services open until September 6, 1993. Carried Unanimously. Posted Signs at Boat Ramps Alderman Fisher referred to the boat ramp near the Welland River and Cbippawa Creek and requested that appropriate signs be posted indicating "For Fire Department Use". Peter Cor~eld advised that the Fire Department is presently working with the Solicitor's department to find appropriate wording in that regard. Com,estion on the Oueen Elizabeth Way Alderman Hendershot referred to correspondence from Gale Gas Bars Linttied, expressing concerns regarding congestion on the Q.E.W. between Niagara Falls and Hamilton and enquired about titlure expansion of the Q.E.W. to six lanes. ORDERED on the motion of Alderman Hcodershot, seconded by Alderman Craitor, that the matter be co-ordinated with staff and our Member of Provincial Parliament to address the issue. Carried Unanimonsly. - 12 - Canada Day Donation Alderman Hendershot provided a cheque in tho amount of $300.00 from Tim Horton's respecting a Canada Day donation, Solid Waste Pickup Mayor Thomson referred to concerns expressed by individuals residing in duploxes and triplexes respecting solid waste pick up and of the 4-bag limit. Following some discussion. it was ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that staff bring back a report regarding the bag limit in duplexes and triplexes. Carried Unanimously. It was moved by Alderman Ward, seconded by Alderman Germano, that the meeting be adjourned. Carried Unanimously. TWENTY-SIXTH MEETING COMMITTEE OF THE WHOLE Comnfittee Room #2 September 13, 1993 Council met on Monday, September 13, 1993 at 7:00 p.m. in Committee of the Whole. All members of Council, were present. Alderman Craitor presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, MAYOR WAYNE THOMSO~ PLANNING MEETING READ AND ADOPTED, MAYOR WAYNE THOMSON Cotincil Chambers September 13, 1993 Council met on Monday, September 13, 1993 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Hendershot offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Fisher indicated a pecuniary interest on Report PD-93-93, becanse she owns adjacent property; and on Report PD-93-100 and Report F-93-37, Cheque No. 89492 becaose she has a busiaess interest. Aldermen Cummings and Sherat indicated pecuniary interests on Report F-93~37, Cheque Nos. 89354 and 89519, because their employer is the recipient. Alderman Cowan indicated a pecuniary interest on Communication No. 271, becanse the Niagara Fails Humane Society is his employer. Alderman Susin indicated a pecuniary interest on Communication No., 272, because he holds a mortgage on a property in the area. Alderman Craitor indicated a pecuniary interest on Report F-93-37, Cheque Nos. 89466; 89467 and 89503, because his wife is employed by the Region. PLANNING MATTERS PD-93-101 - Chief Administrative Officer - Re: Zoning By-law Amendment Application, AM-14/93; 5946 Dunn Street, P. Kelly Jr. The report recommends that the application to pertnit the existing dwelling located at 5946 Dunn Street to be used as a boarding or rooming honse be denied, - AND - Communication No. 265 - Mr. John L. Somerville, 5930 Dunn Street. The colnnmnication expresses opposition to the proposed application with respect to noise and constant disturbances in the area, -2- - AND - Communication No. 266 - Tom and Jean Bourton, 5938 Dunn Street. The communication expresses concerns regarding noise disturbance; Police and Fire Departments having to be called due to disturbance; water runoff from elevated parking area; and the devaluation of property. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notices of the Public Meeting had been forwarded, by mail to all owners and persons assessed as of land within 120 meters of the subject lands on August 13, 1993. His Worship Mayor Thornson received indication that Mr. Slovak, Solicitor, was in attendance on behalf of the applicam; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-93-95; Background; Physical Assessment; Nature of the Zone Changes; Site Plan Control and the Public Notification Process. The Director of Planning and Development advised if the application was approved by Council, certain provisions should be included in the amending by-law such as limiting the number of roomers to 6; the requirement of 6 on-site parking spaces and that the property be placed under Site Plan Control. His Worship Mayor Thomson received a positive response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. Rosemary Cellsmare, 6014 Dunn Street, stated she was in favour of the application as it would provide affordable accommodations for students in the area. A resident living at 5982 Durm Street, Apt. #13, commented he was in support of the application as Mr. Kelly has been making improvements to the building; and the tenants eaosing disturbances have vacated the premises and indicated that students should be able to obtain affordable housing. Brian Brooks, 5982 Dunn Street~ expressed concerns regarding the proposed anmndment and the devaluation of surrounding property. Mr. Sipyak, Solicitor, stated that the intentlob of the applicant was to provide aftixdable housing liar college students in the area; to provide adequate parking; to enter into a site plan agreement; and advised the applicant proposed to manage the premises himself if the application was approved. Mr. Sipyak advised the applicant intended to request signed undertakings from would-be residents. Discussions followed with regard to the definition of "rooming house" and "boarding house"; drainage problem; and a temporary use by-law. The City Solicitor advised that a trial basis was not the purpose of a temporary use by-law and stated that Council should consider th~ application on the merits of either being an appropriate use or not an appropriate use. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-14/93 closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the application AM- 14/93 be approved to include provisions that limit the maximum number of bedrooms that can be rented and the number of roomers to 6, and require 6 on-site parking spaces; the property should be made subject to Site Plan Control; and the applicant should be required to ensure that the property complies with the City's Property Standards By-law, the Ontario Building Code and Fire Code; and further that the neighboors and Mr, Brian Brooks be permitted to attend the site plan meetings, Carried Unanimously, J _1 ~ 3 - ORDERED on the motion of Alderman Puttick, seconded by Alderman err, titat the comnmnications be received and filed. Carried Unanimously. PD-93-93 - Chief Administrative Officer - Re: Proposed Plan of Subdivision; File Nn. 26T-92010 (Revised) Chippawa West Phase 1; Queensway Chippaws Properties inc. The report recommends that the Planning Department be authorized to process the application for the Chippaws West Pbase I Plan of Subdivision, and that a subsequent report be prepared for Council's consideration based on the information received from various agencies, City departments and the public. His Worship Mayor Thomson declared the Public Meeting open and indicated that die purpose of public meeting was to provide the developers an opportunity to intbrm Council and the public abeat the proposed subdivision. His Worship Mayor Thomson received indication that Mr. Louie Bourdolone, Planner, was iu attendance on behalf of the applicant; and received a positive response to his reqaest for a show of hands by persons present who were interested in the application. The Director of Planning and Development indicated the purpose of the report was to inti~rm Cqtmcil and the public that an application had been received for the Chippaws West Phase 1 Plan of Subdivision in the former Village of Chippaws to subdivide a parcel of land located between Lyon's Creek Road and Sodore Road into 45 lots for single-detached dwellings and to receive public input and concerns. His Worship Mayor Thomson received a negative response to his request ti3r comments fi'om persons, other than the applicant or his agent, in support of the application, and received a positive response from persons opposed to the application. Mr. Robertson, 8143 Sarah Street, expressed concerns regarding the sewer system being able to cope with proposed developments in the Chippaws area; referred to a study entitled the Cbipl~awa Infrastructure Need Program and a subsequent Action Plan tbr Chippaws Conmmuity Sewer System, dated September 23, 1991; and indicated that Chippaws cannot be developed with tile present sewer system. Mr. Robertson provided a copy of concerns to the Deputy City Clerk. The Director of Municipal Works advised that an updated report dealing ~vith the development and the concerns would be brought forward at a later date. Mr. Robert McCrae, 4286 Lyons Creek Road, expressed the following concerns: does the developer own the right of way that accesses Lyons Creek Road; will the developer cleat' cut the bush area; and is the developer intending to cut the grass in the area. Mr. Louie Bourdolone, advised that the applicants are aware of the sewage problems and do not intend to develop the lands with the existing infrastructure; indicated the need to discuss land use and meeting all the necessary guidelines; stated that the developer does own the right of way accessing Lyons Creek Road and will maintain the trees in the area unless they are obstructing a right of wa~, or dwelling; and informed that the grass would be cut the following day. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Report PD-93-93 closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowau, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. MISCELLANEOUS PLANNING MATTERS PD-93-99 - Chief Administrative Officer - Re: Request for Extension to Draft Phm Approval Mount Carreel North Subdivision, 26T-89009. The report recommends the following: ' 1. That a Council resolution supporting a one-year extension to the Mount Cannel North draft P/an of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements; -4- -5- 2. That a copy of this report and Council's decision be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously. See Resohltion No. 86 PD-93-100 - Chief Administrative Officer - Re: Request for Removal of part Lot Control Lots 143; 151-157; 159; 166; 167; 171-180; Registered Plan 59M-129, West Meadow Subdivision. The report recommends the following: 1. That the request from Dante F. Marinelit, on behalf of Walco Developments Limited, to remove Lots 143; 151-157; 159; 166; 167; 171-180; Registered Plan 59M-129, West Meadow Subdivision, from Part Lot Control be approve. d; 2. That Council pass the appropriate by-law to designate the lands as exempt front part Lot Control, and a by-law authorizing the execution of an agreement to maintain control of development on the lands; 3. That the applicant be required to give notification to the City, when the deeds have been registered, in order for the by-law to be repealed. ORDERED on the. motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Fisher, abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 93-222 See By-law No. 93-223 REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the minutes of the Regular Council meeting of August 30, 1993 be adopted as printed. Carried Unanimously. DEPUTATIONS Mr. E. J. Curre, 5581 Heritage Drive expressed concerns regarding the removal of mature trees frum the site of the War Memorial at Stamford Gt'een. His Worship Mayor Thomson advised Mr. Curre that Council had not at any time discussed the matter and did not give direction to have the trees cut down, and that the City does not own the land. ORDERED on the motion of Alderman Puttick, seconded by Alderman Germane, that a meeting be scheduled with the trustees of the Stamford Green Committee, Mayor Thomson, Alderman Cummings and Mr. Curre to discuss Mr. Curto's concerns. Carried Unanimously, COMMUNICATIONS Communication No. 267 - Ministry of Municipal Affairs ~ Re: jobsOntario Community Action. Program. The communication advises of the jobsOntario Community Action Program offering a variety of mechanisms for the community to prepare its own plans and set is priorities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the matter he referred to staff, .Carried Unanimously. Communication No. 268a) - Niagara Falls, Fort Erie Real Estate Association - Re: Proclamation. The communication requests that Council proclaim September 26, 1993 to October 2, 1993 as "Ontario Home Week". Commuuication No. 268b) - Ontario Federation of Snowntohile Clubs - Re: Proclamation. The communication requests Council proclaim the week of November 22 to 27. 1993 as "Get Ready For Snowmobiling Week" in Niagara Falls. Communication No. 268c) ~Ontarlo March of Dimes - Re: Proclamation. The communication requests Council proclaim January, 1994 as "Ontario March of Dimes Month". Communication No. 268d) - The Royal Canadian Legiou, Niagara Falls (Ont. No. 51) Brauch - Re: Proclamation. The communication request Council proclaim the week of September 19 to 25, 1993 as "Legion Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the reqttests in Communications268a)through268d) heapproved subjectto established policy. Carried Unanimoosly Communication No. 269 - Society of Public Insurance Administrators uf Outario. The communication requests Council support a resolution advising the Premier of Ontario that the taxation imposed on insurance premiums will impact on municipal budgets and will serve to have a negative impact on municipal operations. ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that t~e request be supported. Carried Unanimously. Communication No. 270 - Concord Motor Hotel, Mike & Mary Manojlovlch - Re: Licensing of Adult Entertainment Parlours. The communication requests Council consider pro-rating the licenee t~e atier June 14, 1993, the date of enactment. The City Clerk advised that several owners had applied lbr a licenee and that tile same consideration would be given to them. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that tile licensing t~e for this year only, be pro-rated to June 14, 1993. The motion Carried with Alderman Sherar voting contrary to the motion and with all others voting in fayour. Communication No. 271a) - Niagara Falls Humane Society - Re: Appointment to Humane Society Board of Directors. The communication requests Council appoint Mr. Alex Glen to the Humane Society Board of Directors due to the recent passing of Mr. Joe Charlebois. Communication No. 271b) - Mr. Vincent Barbarlno - Re: Appointment to Humane Society Board of Directors. The communication requests Council consider Mr. Vincent Barburine to the Humane Society Board of Directors. ORDERED on the motion of Alderman Germane, seconded by Alderman Fisher, that Mr.. Alex Glen be appointed to the Humane Society Board of Directors. The motion _Carried with Alderman Cowan ahstalning from the vote on a conflict of interest previously noted and with all others voting in hvour. Communlcation No. 272 - Maharishi Veda Land Canada Inc. - Re: Veda Land Project. The communication requests that Council reverse their decision to allow gambling in Niagara l~alls or lo~e the Veda Land project.. - His Worship Mayor Thomson referred to correspondence received from Maharishi Veda Land Canada Inc. prior to the Council meeting, requesting a private meeting with Council be arranged this week in order to provide an opportunity to present the status of the $1.5 Billion Maharishi Veda Land development project and its significance to our community. ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the matter be deferred until such time that a meeting can be scheduled with representatives of Veda Land and monthors of Council at an open Council meeting to discuss the matter. The motion Carried With Aldern~an Susin abstaining from the vote on a conflict of interest previously noted; Alderman Craitor voting contrary to the motion and with all others voting in fayour. ,.,6 -6- -7 - Communication No. 273 - Winter Festival of Lights - Re: Casino Permits. The communication requests that Council consider grating a special permit to run a Casino each weekend during the Festival. The City Clerk advised that a report would be provided at the upcoming Council meeting outlining the conflicts of dates and possible ramifications; and also responded to questions regarding the new licensing fee policy. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the matter be referred to staff Carried Unanimously. Communication No. 274 - City of Toronto, City Clerk - Re: Resolution. The communication advises Council of a resolution requesting the Canadian Government to support the initiative of taking the question of the legality of nuclear weapons to the World Court Project. ORDERED on the motion of Alderman Hendershot, seconded by Alderman err, that the communication be received and filed. The toodon Carrice! with the following vote: AYE: Aldermen Cowan, Craitor, Fisher, Hendershot, Janvary, err, Sherar and Ward. NAYE: Aldermen Cummings, Germane, Puttick and Susin. Communication No. 275 - National prisoners of War Association (E.T.) of Canada - Re: memorial Service. The communication requests Council grant permission to use the War Memorial on Clitlon Hill, on September 18, 1993 at 11:00 a.m. for a 20 minute service and requesting No Parking in front of the cenotaph be enforced during the service. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the request be granted. Carried Unanimously. Communication No. 276 - Lana Timmers, Wallaceburg, Ontario - Re: Adult Souvenirs and Videos. The communication expresses concerns regarding the sale of sexually-oriented souvenirs and videos at various locations in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the communication be received and filed and Illat a copy be forwarded to the Visitor and Convention Bureau. Carried Unanimously. Communication No. 277 - The Chamber of Commerce Niagara Falls - Re: Tourism and the Niagara Falls Visitor and Convention Bureau. The communication provides information on the Chamber's position regarding Tourism and the Niagara Falls Canada, Visitor and Convention Bureau. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the cotnmunication be referred to the Team Niagara Tourism CF.N.T.) group discussing re-organization. Carried Unanimously, t · Communication No. 278 - The Royal Canadian Legion, Niagara Falls (Ont. No. 51) Branch - Re: Flag Raising Ceremony. The communication requests Council permit a Flag Raising Ceremony on September 20, 1993 at 9:00 a.m. in henour of "Legion Week" and to fly the flag at City Hall; and fitrther that the Mayor and members of Council attend the event. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the reques~ be approved. Carried Unatfimously. Cnmmunication No. 279 - Niagara North Board of Waste Management - Re: Provision of the following documents: Draft Task Two Waste Division Strategy; Drat~ Task Four A: Landfill Site Selection Methodology Document; and a Community Landfill Policy. ORDERBD on the motion of Alderman Cummings, seconded by Alderman Fisher, that the reports be received and filed. Carried Unanimously. MW-93-18~ - Chief Adminlslrallve Officer - Re: By-law to Authorize the Reconstn~ction on McGlashan Crescent, Hutton Avenue and Nelson Crescent. The report recommends the following: I. That Council hear any person who claims that his/her land will be prejudicially affected by the by-law appearing on tonight's agenda, to authorize the above works; 2. That subject to there being no valid objections, that the by-law appearing ou tonight's ageado he given three reading and be passed by Council. His Worship Mayor Thomson received a negative response to his request whether anyone present would be prejudicially affected by the by-law appearing on tonight's agerids. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law No. 93-224 RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that tile actions taken on the following matters by the Municipal Works Committee, earlier this evening, be approved. 1. That the adoption of the Minutes of the August 9~ 1993 meeting be adopted. Presentation - That the Presentation on The Use of Concrete in Municipal Road Cor;struction and Sidewalks be accepted for information and that the appropriate Tender calls through the Director of Municipal Works, allow for the option of using concrete or asphalt and that if a savings is estahlished over the long term with the use of concrete, at that time Council would make a decision in this respect. MW-93-180 - Goods Exchange Days Information Report - that staff be directed to plan for a "Goods Exchange Day" in the Spring of 1994 and that the general public be made alvare early next year of this upcoming event (i.e. February or March 1994) through promotion of advertising. MW-93-182 - Purchase of Leaf Collectors - that staff be authorized to parchase two (2) Vacuum Leaf Collectors (1 Truck Mounted and I Trailer Mounted) from The Equiptnent Specialist Inc. tbr a total sum of $73,496.98 Crruck Mounted $36,209.54 and Trailer Mounted $37,287.44). MW-93-183 - Sale of Two Farm Tractors - that the highest bids received front Mr. W. Lockhart, $1,600 and $1,000 fDr the sale of two (2) farm tractors, be accepted. MW-93-190 - Garbage Collection - Multi-Family Buildings - that 1) dwellings assessed tier more than single-family residence, be given, after appmved application, garbage collectimr with a !-bag per unit per week limit; 2) to qualify for the !-bag per unit per week collection, the Landlord must: a) Complete the application to the City; b) Be assessed on their taxes for the number of traits they apply for; c) Must participate fully in the recycling program; and d) Allow staff three (3) weeks to check Assessment Rolls and implement - Alderman Craltor opposed; MW-93-191 - Policy of Awarding of Contract to Local, second Low Tenderer by other Municipalities Informallen Report - that the current policy of awarding contracts to the lowest qualified Contractor be maintained; MW-93-184 - Application by Niagara Waste Systems - that the M.O.E.E. be advised that the City of Niagara Falls opposes the Application by Niagara Waste Systems for an Amendment to their Certificate of Approval for acceptance of waste from the City of Kingston and the Township of Kingston on a Contingency Basis and that the Provincial Government be asked to have an Environmental Assessment Board Hearing - Opposed: Aldermen err, Puttick; and Ward. Cactiell R-93-37 - Chalrperson$ Recreation Commission - Re: Strategic Plan - Parks & Recreation. The report recommends that Council authorize staff to enter into an agreement with Montelib Zelinka Limited to carry out a strategic plan for the provision of Parks, Recreation and Arts & Culttire tbr the City of Niagara Falls at a cost of $35,12100. -8- The Director of Parks & Recreation responded to questions with regard to the proposed study and advised the focus was not on the Recreation Department but on the level of services provided and to look at where the community is going with respect to Arts and Culture in the community. ORDERED on the m6tion of Alderman Janvary, seconded by Alderman Cowan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cowan, Hendershot, Janvary, Sherat, Susin, Ward and Mayor Thomson. NAYE: Aldermen Craitor, Cummings, Fisher, Germane, err and Puttick. F-93-37 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accoums totalling $247,478.75 for the period ending September 6, 1993, and the accounts totalling $280,162.50 for the period ending September 13, 1993, be approved by the passing of the by-laws appearing later on the agenda. Additional information was provided on Cheque No. 89383 and Cheque No. 89598. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings, Fisher, Sharar, abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 93-225 See By-law No. 93-226 RATIFICATION OF FINANCE COMMITFEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the following matters by the Finance Committee, earlier this evening, be approved. 1. Adoption of the Minutes of August 9, 1993; 2. 1994 Budget Schedule - that the 1994 budget schedule be received and filed and that the phrase "significantly reduce spending" be the theme of the 1994 budget deliberations; 3. Niagara Falls Thunder - Request for Program Advertising - to approve a full page "Mayor's Message" in the Niagara Fails Thunder program at a cost of $700.00 plus $49.00 G.S.T. 4. Report FC-93-24 - Tax Balances at August 31, 1993 - to receive and file Report FC-93-24, Tax Balances at August 31, 1993. t .5. Report FC-93-25 - Long Distance Telephone Charges - to receive for information Report FC-93- 25, Long Distance Telephone Charges. Carried L-93-37 o Chief Administrative Officer - Re: Appeals in Respect of Adults Only Video; File No. 91-C4- 085. The report recommends that City Council confirm the actions of the City Solicitor in filing the Notices of Motion for Leave to Appeal to the Court of Appeal for Ontario and to authorize the City Solicitor to take all necessary actions in respect to these Motions and the Motion by Randy Jorgensen and 9 137 19 Ontario Limited. '- ORDERED on the motion of Alderman Ward, seconded by Alde. rman Craitur, that the report be received and adopted. Carried Unanimously, L-93-38 - Chief Adminlstrative Officer - Re: 7964 Booth Street; Release from Conditions of Agreement Charles & Barbara Kenyeres; File No. 93-D4-039. The report recommends that Council gram the request of Charles and Barbara Kenyeres to be released from the conditions of an agreement dated March 8, 1993, and further that the Mayor and Clerk be authorized to execute the attached release, ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be received and adopted. Carried Unanimously, -9- L-93-39 - Chief Administrative Officer - Re: City Easement Renewal Project; File No. 93-B3-144. The report recommends that this report be received and filed tbr the information of City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed for the information of Council. Carried Unanimoosl~. L-93-41 - Chief Administrative Officer - Re: Weaver Cemetery; File No. 93-A7-012. The report recommends that this report be received for information only. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and filed. Carried Unanimously. L-93-42 - Chief Administrative Officer - Re: Bankruptcy Proposals; A.N. Contracting Limited and 837245 Ontario Inc. The report recommends that City Council confirm the actions of the City Solicitor in completing the Proof of Claim Forms and the voting letters in respect of the above matter. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. L-93-44 - Chief Administrative Officer - Re: Sale of Surplus Land to Furrare; Snhject Lands - Lying North of Dorchester Road Fire Station. The report recommends that Council authorize staff to prD/zeqd with the sale of pan of Lot 54 in the tbrmer Township of Stamford to Francesee Fqrraro fur the appraised value of $3.240.00 plus costs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the report be received and adopted. Carried Unanimously. L-93-45 - Chief Administrative Officer - Re: Correcting Deed to Estate of Elisea Teresa Pietn~bon; 4223 Martin Avenue; File No. 89-B34)52. The report recommends to authorize the Mayor and Clerk to execute a correcting Deed from The Corporation of the City of Niagara Falls to the Estate of Elisea Teresa Pietrobon. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report he received and adopted. Carried Unanimously. RATIFICATION OF COMMITFEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by the Committee of the Whole, earlier this evening, be approved. 1. That Council authorize the payment of $25,000 to Stephens & Rankin Inc. to resolve all outstanding claims against storm sewers regarding Contract 91-102; That the City Solicitor be authorized to commence contempt of court proceedings against Saeeda Chaudry for failing to comply with a Court Order which prohibited her from continuing or repeating the offence of using the lands municipally known as 4745 River Road for a use not permitted by the City of Niagara Falls Zoning By-law No. 79-200 and to take all necessary steps in that regard. Carried Unanimously. RESOLUTIONS NO. 86 - CUMMINGS - HENDERSHOT - RESOLVED that the Council of the City of Niagara Falls supports a one-year extension to the Mount Carreel North Draft Plan of Subdivision (File No. 26T- 89009), conditional upon the applicant maintaining the appropriate subdivision sign which cmnplies witIt the Municipal and Regional requirements, and that the Regional Municipality of Niagara be so advised. AND the Seal of the Corporation be hereto affixed. Carried Unaniomnsly. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: - 10- 93-220 A by-law to authorize the execution of a release of an agreement with Charles Kenyeres and Barbara Kenyeres. 93-221 A by-law to authorize the execution of a correcting Deed from The Corporation of the City of Niagara Falls to the Estate of Elisea Teresa Pierreben. 93-222 A by-law to designate certain land not to he subject to part lot control. 93-223 A by-law to authorize the execution of an agreement with Walco Developments Limited, respecting exemption from part lot control for the West Meadow plan of subdivision. 93-224 93-225 93-226 A by-iaw to authorize road reconstruction of McGalshan Crescent, Hutton Avenue and Nelson Crescent. A by-law to authorize monies for General Purposes (September 6, 1993). A by-law to authorize monies for General Purposes (September 13, 1993). The motion Carried with Alderman Fisher abstaining from the vote on By-law Nos. 93-222 and 93-223, on a conflict of interest previously noted; Aldermen Craitor, Cummings, and Sherat abstaining from the vote on By-law Nos. 93-225 and 93-226 on conflicts of interest previously noted, 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: 93-220 A by-law to authorize the execution of a release of an agreement with Charles Kenyeres and Barbara Kenyeres. 93-221 ' A by-law to authorize the execution of a correcting Deed from The Corporation of the City of Niagara Falls to the Estate of Elisea Teresa Pietrobon. 93-222 A by-law to designate certain land not to be subject to part lot control. 93-223 93-224 · 93-225 A by-law to authorize the execution of an agreement with Walco Developments Limited, respecting exemption from part lot control for the West Meadow plan of subdivision. A by-law to authorize road reconstruction of McGalshan Crescent, Hutton Avenue and Nelson Crescent. A by-law to authorize monies for General Purposes (September 6, 1993). 93-226 A by-law to authorize monies for General Purposes (September 13, 1993). The motion C~rried with Alderman Fisher abstaining from the vote on By-law Nos. 93-222 and 93-223, on a conflict of interest previously noted; Aldermen Craitor, Cummings, and Shetar abstaining from the vote on By-law Nos. 93-225 and 93-226 on conflicts of interest previously noted, and with all others voting in t~vour. NEW BUSINESS Promenade for the A~'ts Alderman Gary Hendarshot reminded members of Council of the Promenade for the Arts events taking place on September 17th to September 19th, 1993 and featuring .local artists and performing groups. - 11 - Risen Construction Alderman Gary Hendershot referred to correspondence received from Risen Construction expressin~ concerns regarding the procedure used by the Greater Niagara General Hospital in selecting pre-qualifieD general contractors. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that a meeting be scheduled with representatives from the Hospital Board, Mayor Thomson, and Mr. Spironello of Risen Construction to discuss the matter. The motion Cattle<_! with Alderman Susin abstaining from the vote on a conflict of interest because he had pertironed work ti3r tile company which was still in the billing process and with all others voting in fayour. Wayne's Hotline Alderman Norm Puttick referred to the recent Maclean Hunter Channel 10 Phone-in Television program being hosted by the Mayor and indicated that it seenled to be a very good program. Mayor's Picnic His Worship Mayor Thomson thanked all the participants who were involved io the very successful Mayor's Picnic which had been held on Sunday, September 12, 1993· It was moved by Alderman Janvary, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-SEVENTH MEETING_ COMMITTEE OF THE WHOLE_ Connnittee Room #1 Septe nber 20, 1993 Council met on Monday, September 20, 1993 at 4:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Sherar; and Alderman Ward, who was away on business, were present. Alderman Hendershot presided as Chairman. Following consideration of the items presented, the Con~mittee of the Whole arose to report iu open session at 5:00 p.m. Council discussed the merits of hearing persons ffmn Veda Land in closed sessiun due to tl~e proprietary matter of some of the information to be presented. ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that Council move to Committee of the Whole to discuss only those matters that are subject to Cmnmittee discussions. The motion _Carried with the following vote: ' ' AYE: Aldermen Cowan, Cummings, Fisher, Germano, Janvary, and Orr. ~ NAYE:. Aldermen Craitor, Hendershot and Puttick. and Alderman Susin abstaining from the vote on a conflict of interest, becaase he holds a mortgage oil a property in the area. READ AND ADOPTED, REGULAR COUNCIL MEETING Council Chambers September 20, 1993 Council met on Monday, September 20, 1993 at 7:30 p.m. for the purpose of considering Regular Council Business. All members of Council, with the exception of Alderman Sherat and Alderman Ward, who was away on business, were present. Alderman Cummings offered the Opening Prgyer. ONE MINUTE'S SILENCE A moment of silence was held in memory of the late Paul C. I. Brennan,/brmer City Clerk, a member of the Niagara Fails Hydro Commission and the Stamtbrd Centre Vohmteer Firefighters Association and highly respected citizen of Niagara Falls. See Reslfiution Nn. 87 ADOPTION OF MINUTES Alderman Susin requested that the Minutes of September 13, 1993 be amended to indicate his conflict of interest on Communication No. 272, Veda Land Project, was because lie holds a mortgage ou a property in the area; and requested that the minutes further indicate his conflict of inter~t under a New Business Matter - Rison Construction, because he had performed work for the cmnpany which was still in the billing process. Alderman Craitor requested that the Minutes be amended to indicate that be voted contrary to the motion on Communication No. 272, Veda Land Project.